[Adopted 12-14-2009 by L.L. No. 49-2009]
Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies of the Village, county or state
or existing requirements of any other provision of local laws or ordinances
of the Village or county or state laws and regulations. In the case
of a conflict between this article and other regulations, that which
sets the more stringent requirement will prevail.
[Amended 1-24-2011 by L.L. No. 1-2011; 11-25-2019 by L.L. No. 6-2019]
It shall be unlawful for the owner of any building, or portion thereof, used for residential purposes to allow, permit or suffer the occupancy thereof as a separate dwelling unit for someone other than the owner for 30 consecutive days or more without a rental permit pursuant to Article
I of this chapter. Short-term rentals of less than 30 consecutive days shall be regulated as provided in Article
II of this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of such dwelling unit.
The permit shall be valid for a period of two years from the
date of issuance.
The submission of an application for a rental permit or the
receipt of such permit shall be deemed an authorization by the owner
to the Code Enforcement Officer or his designee to make or cause to
be made inspections to determine the condition of the premises and
to safeguard the health, safety, morals and welfare of the public.
Such inspection shall be made at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency, without
the further consent of the owner.
A first violation of this article shall be punishable by a fine
of not less than $250 and not more than $1,000 or imprisonment for
a period not to exceed six months, or both. A second violation of
this article within five years of a previous conviction of the offense
shall be punishable as a misdemeanor and by a fine of not less than
$500 and not more than $1,500 or imprisonment for a period not to
exceed one year, or both. A third violation of this article within
five years of the second conviction of the offense shall be punishable
as a misdemeanor and by a fine of not less than $1,000 and not more
than $2,000 or imprisonment for a period not to exceed one year, or
both.
[Added 11-25-2019 by L.L.
No. 6-2019]
As used in this article, the following terms shall have the
meanings indicated:
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
OWNER
An individual or group of individuals who are in possession
of and have a fee interest in real property. The term "owner" shall
not include a business entity or association, a trustee, receiver
or guardian of an estate, or a mortgagee or lien holder.
OWNER-OCCUPIED
A one- or two-family dwelling, or parent-child residence,
used by the owner as his or her or their principal residence (domicile).
ROOM or ROOMS
A bedroom or group of bedrooms in a one- or two-family dwelling,
or a parent-child residence, used for short-term rentals, where there
are no provisions for eating or cooking, but may include the use of
private or shared bathroom facilities.
SHORT-TERM RENTAL
A dwelling unit(s), a room, or a group of rooms legally established
within one- or two-family residences that are owner-occupied, including
parent-child residences, where the dwelling, unit(s), room or group
of rooms is rented, leased or otherwise assigned for a tenancy of
less than 30 consecutive days, and where no meals are served. The
term "short-term rental" does not include mixed-use buildings, multiple-dwelling
buildings, dormitories, hotel or motel rooms, bed-and-breakfast inns,
or boarding or lodging houses.
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short-term
rental:
A. The property is offered for lease or rent on a short-term rental
website, including but not limited to Airbnb, HomeAway, VRBO and similar
websites; or
B. The property is offered for lease or rent by the use of any other
advertising mechanism for a period of less than 30 days.
Application for a short-term rental permit shall be made to the Code Enforcement Officer in accordance with §
137-3 of this chapter.
A short-term rental permit shall be valid for a period of one
year from the date of issuance.
The submission of an application for a short-term rental permit shall be deemed an authorization for inspections of the premises in accordance with §
137-7 of this chapter.
A violation of this article shall be punishable as provided in §
137-8 of this chapter.