As used in this chapter, the following terms shall have the
meanings indicated:
CHAPTER
Chapter
162A, Rental Properties, of the Code of the Town of Greece.
CODE ENFORCEMENT OFFICER
Hereafter referred to as the "Building Inspector" and used interchangeably herein as "Code Enforcement Officer"; the Code Enforcement Officer appointed pursuant to Chapter
114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece.
CODE ENFORCEMENT PERSONNEL
Shall include the Building Inspector, Fire Marshal and all
certified code enforcement officials as appointed pursuant to local
law.
DWELLING UNIT
A structure or building or part thereof or any area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
OWNER
The owner or any other person having the right to control
the possession of a dwelling unit.
RENT
A return in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
other than the owner as a home or residence under an arrangement whereby
the occupant or occupants thereof pay rent for such occupancy and
use.
RENTAL PROPERTY
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units.
SHORT-TERM RENTAL PROPERTY
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units, and one or more of the dwelling units is occupied or used by
one or more persons other than the owner as a home or residence for
a period of less than three months under an arrangement whereby the
occupant or occupants thereof pay rent for such occupancy and use.
Short-term rental properties include, but are not limited to, vacation
rental homes and what are commonly referred to as "bed-and-breakfast"
establishments.
TOWN
The Town of Greece, New York.
UNIFORM CODE
The New York State Fire Prevention and Building Codes, as
currently in effect and hereafter amended from time to time.
[Amended 3-16-2023 by L.L. No. 2-2023]
A. Application for permit.
(1) It shall be unlawful and a violation of this chapter for any owner of any short-term rental property or rental dwelling unit in the Town of Greece to establish, maintain, use, let, lease, rent or suffer or permit the occupancy of such short-term rental property or rental dwelling unit without first obtaining and thereafter maintaining in full force and effect a valid short-term rental property permit from the Building Inspector. An owner shall obtain a short-term rental permit under this section in addition to a rental property permit and certificate of compliance under §§
162A-4 and
162A-6 if that owner's property is being used as a short-term rental property as defined herein.
(2) Application for a short-term rental permit shall be made by the owner
to the Building Inspector on forms available in the office of the
Building Inspector. Applicants shall provide such information and
documents as may be required in the discretion of the Building Inspector,
but which shall include the following:
(a)
The names, permanent residence addresses, telephone numbers,
and e-mail addresses of all owners of the premises.
(b)
If the premises are owned by a business entity, the tax identification
number and name, address, telephone number, and e-mail address of
the owner-entity's agent or representative.
(c)
A floor plan identifying the location of each conventional bedroom,
exit, and fire protection system.
(d)
A listing of each avenue through which the premises are listed
for rental.
(e)
Proof of liability insurance for the premises with aggregate
policy limits in an amount no less than $1,000,000.
(f)
Written acknowledgement of receipt of the Town's code of
conduct and this chapter, which tenants will be expected to abide
by. The Building Inspector shall provide said code of conduct and
this chapter to the owner, who shall also post a copy of the code
of conduct in a conspicuous place at the rental property during all
rental occupancies.
(g)
A copy of a posting of emergency contact information, which
shall be posted in a conspicuous place at the property during all
rental occupancy. Such information shall include the name, addresses
and phone numbers of the building owner(s) and instructions on dialing
911 for emergency/fire/ambulance assistance.
(3) Effective March 16, 2023, and continuing thereafter, new applications
for short-term rental permits will only be accepted in connection
with properties purchased or acquired between August 18, 2021, and
March 16, 2023.
B. Issuance of permits.
(1) The Building Inspector shall review or cause to be reviewed applications
for permits, together with documents filed therewith and, if in compliance
with the applicable provisions, rules and regulations of this chapter,
a permit may be issued by and bear the name and signature of the Building
Inspector. A permit so issued shall be issued to the owner(s) of the
subject rental property, and only one permit shall be required for
multiple rental dwelling units located at premises bearing the same
tax account number. Fees collected shall be as specified on the Town
of Greece Fee Schedule, as approved from time to time by Town Board
resolution.
(2) A record of all permits issued pursuant to this chapter shall be
kept in the office of the Code Enforcement Officer.
(3) Supplement to application required upon change of information. Upon
any change to any information provided to the Building Inspector by
an applicant pursuant to this chapter, including but not limited to
changes of address or telephone numbers, such applicant shall provide
written notice of the change and updated information to the Building
Inspector within five business days of said change.
(4) A short-term rental property permit issued pursuant to this chapter
shall remain valid for a period of one year from the date of issuance,
unless sooner revoked pursuant to this chapter. Upon expiration or
revocation of a permit, the owner shall apply for and must obtain
approval for a new short-term rental property permit prior to permitting
subsequent short-term rental occupancy. Short-term rental permits
may not be transferred or assigned to any person or used by anyone
other than the person or entity to whom it was issued.
(5) An application for a renewal of a short-term rental permit must be
submitted 30 days prior to its expiration. If the applicant for a
renewal had a short-term rental permit revoked for cause during the
prior calendar year, the owner shall be prohibited from submitting
an application for renewal for a period of 12 months from the date
the permit was revoked. In the event an application for a renewal
of a short-term rental permit is not submitted 30 days prior to its
expiration, or an individual or entity's short-term rental permit
is revoked for a second time, the individual or entity shall be permanently
prohibited from submitting a subsequent application for a renewal
of a short-term rental permit.
C. Grounds for possible denial of application for a short-term rental
property permit or renewal permit. The Building Inspector may deny
an application for a short-term rental property permit or renewal
permit on any of the following grounds:
(1) The application does not comply with the provisions of this chapter.
(2) The applicant has failed to obtain a valid standard rental property permit and subsequent certificate of compliance under §§
162A-4 and
162A-6 herein.
(3) The applicant has falsified or failed to provide information of substantial
and material import in the application.
(4) The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of the application
or during the calendar year in which the application is made.
(5) The applicant or any tenant violated any provisions of the Code of
the Town of Greece during the calendar year immediately preceding
the date of the application or during the calendar year in which the
application is made.
(6) The premises for which a short-term rental permit is sought were
used or occupied in violation of this chapter during the calendar
year immediately preceding the date of application or during the calendar
year in which the application is made.
D. Terms and conditions applicable to all premises subject to short-term
rental permits.
(1) It is the responsibility of the owner of the premises to ensure proper
and legal occupation of the premises and compliance with this chapter.
(2) The owner of the premises must submit to the Building Inspector,
via e-mail, the number of expected tenants and dates of occupancy
in connection with each contracting tenant in advance of the commencement
of such tenant's occupancy of the premises.
(3) The owner of any short-term rental must maintain the name, telephone
number, and e-mail address of the current tenant in possession at
all times, and provide such information to the Town upon request.
(4) The owner of any short-term rental must post the Town's code
of conduct on each location where the short-term rental is advertised
to the public.
(5) Premises granted a short-term rental permit may only be used for
residential purposes in connection with such permit.
(6) No illegal conduct shall be carried on at a short-term rental premises
by the premises owner, or any short-term rental tenants, guests, or
invitees.
(7) A tenant in possession pursuant to a short-term rental permit is
prohibited from subleasing or otherwise licensing the use or occupancy
of any portion thereof.
(8) Short-term rental tenants, guests, and invitees shall not block or
otherwise impede ingress or egress over the street on which the short-term
rental premises are located, and/or to or from any driveways of other
premises on such street.
(9) Each premises must have a minimum of two parking spots available
to tenants.
E. Suspension or revocation of short-term permit.
(1) Each short-term rental property owner is responsible for compliance
with the requirements set forth in this chapter, and to ensure all
short-term rental tenants, guests, and invitees comply with this chapter.
Upon receipt of notice of a potential violation of this chapter (submitted
via e-mail), or the right to inspections pursuant to this chapter,
the Building Inspector and/or code enforcement personnel may investigate
any short-term rental premises for failure to comply with the terms
of this chapter. The Building Inspector may suspend or revoke a short-term
rental permit on any of the following grounds:
(a)
The owner or any tenant violated any provisions of the Code
of the Town of Greece or the Town's code of conduct.
(b)
The owner or any tenant violated any condition set forth in
the applicable short-term rental permit.
(c)
The owner or any tenant violated any provision of the Penal
Code of the State of New York, which violation occurred on, or pursuant
to the occupancy of, the short-term rental premises.
F. Appeals.
(1) If the Building Inspector denies an application for a short-term
rental property permit or renewal permit, or suspends or revokes a
short-term rental property permit, he or she shall notify the applicant
or owner in writing. Such notice shall include or be accompanied by
a statement reciting the ground or grounds for the denial, suspension,
or revocation.
(2) An applicant or owner may appeal from such denial, suspension, or
revocation by filing a written request for an appeal hearing before
the Town Board of Zoning Appeals. Such request shall be filed with
the Town Clerk. The Town Clerk shall give the appealing party at least
five days' written notice of the time and place of the appeal
hearing.
(3) At the appeal hearing, the Board of Zoning Appeals shall give the
appealing party an opportunity to be heard. In all cases, the burden
of proof to show that the determination of the Building Inspector
was arbitrary, capricious or in excess of this authority shall be
upon the appealing party. The decision of the Board of Zoning Appeals
on such appeal shall be final and conclusive.
G. Penalties.
(1) Violations of this section shall be subject to all applicable penalties under this chapter in addition to those imposed by any other applicable provisions of the Code of the Town of Greece. In addition, the following penalties may apply to violations of specific requirements set forth in this §
162A-7:
(a)
Permitting occupancy without a valid short-term rental permit:
[1]
First verified offense: $500 per day.
[2]
Subsequent offenses: $750 per day.
(b)
[1]
First verified offense: $250 per day.
[2]
Subsequent offenses: $500 per day.
The Uniform Code and this chapter shall be administered and enforced by the Building Inspector as set forth in §
114-4 and §
157-17 of the Code of the Town of Greece.
The Town of Greece Code Enforcement Officer or his/her designee
shall have the following alternative remedies for enforcement of this
chapter:
A. Appearance tickets. The Building Inspector or his/her representative
shall have the authority, pursuant to the New York State Criminal
Procedure Law, to issue an appearance ticket subscribed by him/her,
directing a designated person to appear in a designated local criminal
court at a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
B. Penalties for offenses. Any person who fails to comply with any provision
of this chapter or fails to comply with any notice, order or directive
of the Building Inspector or his/her representative after expiration
of the time for compliance established in accordance with this chapter
shall, upon conviction, be punished by a fine of not more than $1,000
or by imprisonment not to exceed 15 days, or both, for such violation.
In the event of any failure to so comply, each and every day that
such violation continues shall constitute a separate offense, and
the penalties prescribed above shall be applicable to each such separate
offense.
This chapter shall not be construed to hold any Code Enforcement
Officer of the Town of Greece or the Town of Greece responsible for
any damages to persons or property by reason of inspections made pursuant
to an application for a rental permit or certificate of compliance
or issuance of or the failure to issue a certificate of compliance.
This chapter shall take effect immediately. No violation of
this chapter shall be charged prior to August 1, 2014.