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.