§ 2-136. Presumptions applicable to enforcement and prosecutions of illegal use and occupancy.

A. 

Within the context of enforcement and prosecutions of illegal use and occupancy, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used for an illegal use and occupancy:

(1) 

The property is occupied by someone other than the owner, and the owner of the property represents, in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the subject property;

(2) 

Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the owner;

(3) 

There are separate entrances for segregated parts of the dwelling;

(4) 

There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;

(5) 

There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;

(6) 

Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;

(7) 

Two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator;

(8) 

A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent.

B. 

Within the context of enforcement and prosecutions of illegal use and occupancy, the presence or existence of any two of the following shall create a rebuttable presumption that a premises is being used as an illegal use and occupancy:

(1) 

There is more than one mailbox at the premises;

(2) 

There is more than one gas meter at the premises;

(3) 

There is more than one electric meter at the premises;

(4) 

There is more than one doorbell at the premises;

(5) 

There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname;

(6) 

There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup period; or

(7) 

There is no electric meter annexed to the exterior of the premises.

C. 

Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.