A.
All complaints regarding violations of this section are to be made
or directed to the Code Enforcement Department of the Town of Shelter
Island for which a form shall be maintained on the Town website; and
B.
Complaints made to other departments of the Town shall be referred
to the Code Enforcement Department for investigation.
C.
The Code Enforcement Department of the Town of Shelter Island shall
maintain a record of all complaints.
A.
Proof of rental. The presence or existence of any of the following
shall constitute prime facie evidence that a dwelling unit is being
used as a rental property.
(1)
The investigation determines that the property is occupied by someone
other than the owner or his/her immediate family; or
(2)
Persons residing in the dwelling unit represent that they pay rent
to occupy the premises; or
(3)
The dwelling unit has been advertised as being available for rent
or lease.
B.
This presumption may be rebutted by documentary evidence or a signed
statement on the record from the occupant or owner indicating that
the occupant paid no rent for the use of the premises and that evidence
is presented to:
A.
Offenses deemed misdemeanors. For the purpose of conferring jurisdiction
upon courts and judicial officers in general, violations of this chapter
shall be deemed unclassified misdemeanors, and, for such purpose only,
all provisions of law relating to misdemeanors shall apply.
B.
Continuing violations. Each day or portion of a day that a violation
exists shall constitute a separate and distinct offense.
C.
General penalties for violations. A violation of any provision of
this chapter is hereby declared to be an offense pursuant to New York
Penal Law § 80.10(2)(a) for corporations and New York Penal
Law § 80.05(3) for individuals and all other entities, the
penalties for which are to be fixed by the court as follows:
(1)
For a first violation, the Court may fix a maximum fine of no more
than $250 except that the fine may be waived by the Town of Shelter
Island upon proof that the owner has complied with the statute.
(2)
For a second violation, the Court may fix a maximum fine of $2,000
and/or imprisonment not to exceed a period of 15 days.
(3)
For any subsequent violations, the Court may fix a maximum fine of
$5,000 and/or imprisonment not to exceed a period of 30 days.
D.
Forfeiture of gain from commission of offense. In lieu of imposing
the fines authorized in § 105-42C, and in accordance with:
(1)
Penal Law § 80.05(5), for individual defendants the fine
fixed by the court shall be no more than the amount specified in § 105-42C
or any higher amount not exceeding double the amount of the defendant's
gain from the commission of the offense;
(2)
Penal Law § 80.10(2)(b), for corporate defendants the fine
fixed by the court shall be no more than the amount specified in § 105-42C
or any higher amount not exceeding double the amount of the defendant's
gain from the commission of the offense.
E.
Civil action. Where authorized by a duly adopted resolution of the
Town Board, the Town Attorney may bring and maintain a civil proceeding,
in the name of the Town, in the Supreme Court, to temporarily, preliminarily
and permanently enjoin the person, persons, trust or corporation conducting,
maintaining or permitting said violation. The owner and tenants of
the residence wherein the violation is conducted, maintained or permitted
may be made defendants in the action.
F.
Fraud. Any person, partnership, LLC, trust or corporation that knowingly
provides false information to Town of Shelter Island officials investigating
any violation under this section or that provides materials or support
to assist any person to use false information to circumvent this section
is guilty of providing fraudulent information. The offense of providing
fraudulent information shall be a misdemeanor with a fine of no more
than $5,000 and with a prison term of no more than three months.
A.
Suspension: In addition to the financial penalties set forth above,
the Town Board may suspend or revoke the vacation rental license following
a public hearing before the Town Board wherein the owner or licensee
has been given a reasonable opportunity to appear and be heard:
Nondelegable duty. It shall be the nondelegable duty of the
owner who rents property subject to a vacation rental license, to
ensure compliance with all noise, lighting, occupancy and parking
regulations set forth in the Shelter Island Town Code and:
A.
Joint and several. The owner and the tenant of a vacation rental
shall be jointly and severally liable and responsible for all penalties
resulting from tenant's violation the Shelter Island Town Code sections
set forth above; and
B.
Service of violation. Service of the notice of violation upon the
owner or his/her representative shall be made within 30 days of the
violation; and
C.
Subsequent violations. The progressive and increasing penalties set
forth in the Shelter Island Town Code sections covering the above
referenced sections shall run with the property, be imposed for any
violations occurring on the same property during the relevant time
period notwithstanding that the violations shall have been incurred
by different persons or tenants; and
D.
Indemnification. Nothing in this section shall prohibit the parties
from seeking restitution of any fines from the each other or from
requiring indemnification in any lease or rental agreement.
Violations of this chapter may be enforced by any representative of the Town authorized to issue an appearance ticket under § 26-2 of the Shelter Island Town Code.
There will be a thirty-day grace period upon the enactment of
this chapter during which anyone found in violation will receive a
letter requiring registration rather than an appearance ticket.
[Added 10-23-2020 by L.L.
No. 9-2020]
With regard to the rental of real property in the Town of Shelter
Island, where there is an actual or apparent conflict between this
chapter and any other provision of the Town Code, this chapter shall
apply.
This chapter shall take effect immediately upon filing with
the Secretary of State as provided for by law.
