[Added 12-22-2020 by Res. No. 85-20[1]]
[1]
Editor's Note: This resolution also redesignated former Art.
IV, Designation of Unfit Dwellings, and Art. V, Recreational Fires,
as Art. V and Art. VI, respectively.
(a)
The City recognizes that one of our largest industries is tourism.
The tourism market supports many different types of businesses, including
the hospitality market, the restaurant/dining market, the shopping
and retail market as well as a host of others. The City believes that
the tourism industry will continue to grow.
(b)
The City recognizes that a major part of the tourism industry is
the short-term rental or vacation rental marketplace. This marketplace
has grown exponentially with the increasing use of online booking
websites, and it will most likely continue to grow as surrounding
municipalities limit, restrict or eliminate the practice.
(c)
The City needs to take action to ensure that the operation of short-term
rentals is done in a safe and controllable manner for the well-being
of all in the community. The intent of this article is not to restrict
or eliminate short-term rentals; rather the intent is to have safeguards
in place to protect the consumer as well as the property owner, surrounding
neighbors and emergency responders. The character of residential zoning
districts must also be preserved.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A room intended for sleeping or placement of a bed, separated from other spaces in dwelling unit by one or more functional doors. The following spaces, which must be included in every dwelling unit, do not qualify as bedrooms: i) kitchens; ii) dining areas; iii) gathering spaces, such as family rooms, dens, or living rooms; and iv) attics or basements without egress meeting standards in applicable building, residential, and fire codes. To count as a bedroom, a room must comply with applicable requirements for bedrooms and habitable spaces set forth in Chapter 4, Section 404.4, of the New York State 2020 Property Maintenance Code.
The department, officer or individual designated by the Mayor
or City Council to administer all or any part of the permitting and
inspection programs under this chapter.
An individual or legal entity designated to i) oversee the
short-term rental of a rental unit in accordance with this chapter;
ii) respond to calls from renters, concerned citizens, and representatives
of the City; iii) act as an agent of the owner with respect to a short-term
rental unit, which shall include the authority to accept service of
legal papers relating to the unit on the owner's behalf. The
local agent must live or maintain a physical place of business within
20 miles of the rental unit used for short-term rentals. A property
owner who meets these criteria may be the local agent.
An individual who is living in, sleeping in, or otherwise
having possession of a space. An individual present in a dwelling
unit during the term of a short-term rental shall be presumed to be
an occupant unless circumstances clearly indicate that the individual
is visiting between the hours of 8:00 a.m. and 10:00 p.m. and will
not stay overnight.
A parking space that is provided on the same lot as the short-term rental unit that satisfies the requirements to count toward the minimum-parking calculation in Article 10 of the City of Olean Zoning Ordinance.
The individual or entity who is the legal or equitable titleholder
and who controls the premises occupied by one or more rental units.
A dwelling unit or portion thereof rented for a term of less
than one month. The term "short-term rental unit" does not include
the use of transitional housing operated by a nonprofit entity, group
homes such as nursing homes and adult foster care homes, hospitals,
or housing provided by a substance abuse rehabilitation clinic, mental
health facility, or other health-care-related clinic. Dwelling units
owned by a business entity and made available on a temporary basis
to employees of that business entity or employees of a contractor
working for that business entity are not short-term rental units.
A written document issued by the City indicating that the
dwelling unit identified thereon is authorized to operate as a short-term
rental in accordance with this chapter. A short-term rental unit permit
shall be valid for one year from the date of the inspection that found
the rental unit in compliance, absent newly or later detected violations
of the City's property maintenance code, fire code, this chapter
or other applicable laws, rules or regulations, or a revocation of
the permit pursuant to this chapter within that time, and the expiration
date shall be shown on the permit. A permit shall be valid for one
year from date of issuance unless terminated due to a violation and
shall be renewed annually.
(a)
Permits required. All dwelling units used for short-term rentals
must be registered with and have a short-term rental unit permit issued
by the Code Enforcement Office of the City. The short-term rental
of a dwelling unit without a permit is prohibited.
(b)
Application. To apply for a short-term rental unit permit, the owner
shall:
(1)
Provide and certify as true the following on a form provided
by the City:
a.
Name, address, email address, and telephone numbers (local and
cell phone) of the owner and any agent for the owner.
b.
The street address of the short-term rental unit, along with
other identification if more than one short-term rental unit has the
same street address.
c.
The number of short-term rental units in the building, if more
than one.
d.
The number of bedrooms in each short-term rental unit.
e.
The number of off-street parking spaces provided on the lot
that are reserved exclusively for occupants of the short-term rental
unit.
f.
The length of the typical rental period for which the applicant
intends to rent the property.
g.
A statement certifying that each bedroom has a working smoke
alarm, that there is a working carbon monoxide detector on each floor,
and that the owner or local agent will check on those devices at least
every 90 days.
h.
A statement certifying that each kitchen has a working fire
extinguisher and that a working fire extinguisher is located near
each outdoor cooking device.
i.
A statement certifying that the property owner consents to inspections
by the City and will make the dwelling unit available to inspections
upon request.
j.
A brochure or other document to be given to each group of occupants
containing all the information required in the subsections above.
k.
A statement certifying proof of hazard insurance on the property.
l.
Such other information as the City requests.
(2)
Sign the application form and provide the signature of the local
agent.
(3)
Pay an administrative fee of $150 for review of the application
and inspection of the property.
(4)
Submit the property to annual inspection for compliance with
applicable codes and ordinances. The annual inspection fee shall be
$60. Should a premises fail inspection, the initial reinspection shall
be free of charge; however, each subsequent reinspection thereafter
necessary to issue said certificate shall result in a reinspection
fee of $25 per reinspection. Failure to satisfactorily complete an
inspection shall be grounds for withholding a permit or deeming an
existing permit to be immediately void.
(c)
Changes in information. The owner shall notify the City, in writing,
within 30 days of any change in the information provided on the application
form. An owner of a short-term rental unit shall notify the City,
in writing, within 10 days of any change in the designated local agent.
(d)
Procedure. The Code Enforcement Office shall refer any application
for a short-term rental unit located in an R1, R2 or R3 District to
the Zoning Board to determine the suitability of the short-term rental
unit at the proposed location.
(a)
Advertising regulations. No short-term rental unit may be occupied
or advertised for rent unless the City has issued a valid short-term
rental unit permit pursuant to this chapter. A short-term rental unit
shall not be advertised for an occupancy that is greater than the
allowed maximum occupancy calculated pursuant to this section.
(b)
Local agent required. All short-term rental units must have a designated
local agent. If the owner of a short-term rental unit does not qualify
as a local agent, the owner shall designate a local agent and authorize
the agent, in writing, to act as the owner's agent for any acts
required of the owner or the owner's agent under this chapter.
(c)
Permit issuance and validity. A short-term rental unit permit shall
be granted only if the requirements in this article for short-term
rental units and applications for a short-term rental unit permit
are met. However, the City may issue a short-term rental unit permit
prior to the successful completion of an inspection if the property
owner is not responsible for the delay in the inspection and if the
permit is made contingent on successful completion within a reasonable
time. Short-term rental unit permits are valid for a period of one
year from the date of issuance and must be renewed annually.
(d)
Delinquent payments. No permit shall be issued to any owner unless
that owner is current on the payment of all real property taxes, utility
rates, fees, charges, special assessments and other amounts due to
the City. Delinquencies on any such payments to the City, regardless
of whether they relate to the rental unit for which a rental unit
permit is sought shall result in denial of the permit.
(e)
Maximum occupancy. Each short-term rental unit permit shall indicate
the maximum occupancy for the unit, calculated by the Code Enforcement
Office of Olean. The owner, local agent, and occupants shall be in
violation of the chapter if the number of occupants in the short-term
rental unit exceeds the maximum occupancy stated on the permit. The
maximum occupancy shall be stated in the lease or other rental document.
(f)
Duty to provide permit. Upon request by any occupant or prospective
occupant, the owner or agent shall provide the occupant or prospective
occupant with a copy of the short-term rental unit permit, as well
as a copy of the lease or other document containing the required disclosures.
The owner of each short-term rental unit must prominently display
a full-sized copy of the short-term rental unit permit in each short-term
rental unit.
(g)
Permit transfers. A valid short-term rental unit permit may be transferred
to a new owner of a short-term rental unit upon the City's prior
written consent once the new owner files an application meeting all
the requirements of this article.
(h)
Applicable codes. Compliance with applicable zoning, construction,
fire, and property maintenance codes of New York State shall be a
condition of all rental unit permits. Violations of any of those codes
shall also be a violation of this article.
(i)
Basement/attic regulations. No basement or attic space can be used
for a bedroom unless it has an egress window approved by the City
Code Enforcement Office and found in compliance with local and state
code requirements.
(j)
Curbside refuse pickup. The owner must make provisions to have refuse
picked up (curbside) at least once per week when the short-term rental
unit is being rented. Where curbside pickup is not reasonably available,
this requirement may be satisfied by provision of a communal dumpster
available for use by occupants of the short-term rental unit.
(k)
Renter turnover procedure. For short-term rental units, the local
rental agent shall, at least once per month, inspect the premises
(or ensure inspection by a designee of the agent) using a City-designated
checklist and shall ensure that all smoke detectors, carbon monoxide
detectors, lights in common areas and stairways, egress doors, and
railings are in a safe and working condition; any defects discovered
shall be corrected promptly. Upon inspection, the agent shall sign
and date that checklist and shall maintain it for City inspection
and copying for a period of at least one year.
(l)
Hazard insurance. The owner must maintain adequate hazard insurance
on the property throughout the duration of operation as a short-term
rental unit.
(m)
Excluded districts. Short-term rental units are not permitted in
the following districts: R1, R2 and R3 without prior approval granted
by the Zoning Board.
(a)
Scheduling. Upon written notice from the City, it shall be the owner's
responsibility to schedule and allow the City's inspection of
the short-term rental unit. Inspections shall occur during the City's
regular business hours, unless the City agrees to other arrangements,
and all fees shall be paid prior to the inspection.
(b)
Opportunity to correct deficiencies. If an inspection reveals that
the short-term rental unit is not in compliance with this chapter
or applicable codes, the owner shall be provided a written list of
deficiencies or violations that must be corrected. Failure to correct
such deficiencies in a reasonable time shall be grounds for withholding
a permit or voiding an existing permit.
(c)
Additional inspections. The City may conduct additional inspections
as it deems necessary, upon reasonable notice to the owner or agent,
such as when:
(d)
Changes in conditions following inspection. The owner shall notify
the City, in writing, within 30 days if any of the items inspected
pursuant to this chapter are altered after inspection by the City.
(a)
Smoke detectors. The owner and local agent of each short-term rental
unit shall be responsible for the installation of smoke detectors/alarms
in each rental unit. All smoke detectors/alarms shall be UL (Underwriters
Laboratories, Inc.) approved, hardwired, and shall be installed in
accordance with the provisions of the NYS Residential Building Code
and the household fire warning equipment provisions of the National
Fire Protection Association (NFPA) Standards § 72.
(b)
Smoke detector locations. Smoke detectors/alarms shall be installed
in the following locations:
(1)
In each sleeping room;
(2)
Outside of each separate sleeping area in the immediate vicinity
of the bedrooms; and
(3)
On each additional story of the rental unit, including basements
and cellars, but not including crawl spaces and uninhabitable attics.
In rental units with split levels and without an intervening door
between the adjacent levels, a smoke detector/alarm installed on the
upper level shall suffice for the adjacent lower level, provided that
the lower level is less than one full story below the upper level.
(c)
Carbon monoxide detectors. The owner of each short-term rental unit
shall be responsible for the installation of a carbon monoxide detector
in each rental unit. All carbon monoxide detectors shall be according
to the NYS Fire Code.
(d)
Fire extinguisher. The owner of each short-term rental unit shall
be responsible for the installation of a fire extinguisher in the
kitchen of each unit and near each outdoor cooking device.
(e)
Tampering prohibited. No person shall tamper or interfere with the
effectiveness of a smoke detector, carbon monoxide detector or fire
extinguisher required by this section.
(a)
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, with the
floor space to be calculated on the basis of total habitable room
area.
(b)
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof, except that where the occupants
of such room are all less than 15 years of age, a room having at least
120 square feet of floor space may be occupied by additional persons,
provided that the floor space per occupant does not become less than
35 square feet.
(c)
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment, except that where such a dwelling unit
is occupied only by a husband and wife, or a husband and wife and
child or children under the age of 13, this section shall not apply.
(d)
No cellar space shall be used as a habitable room or dwelling unit.
(e)
No basement space shall be used as a habitable room or dwelling unit
unless the floor and walls are impervious to leakage of underground
and surface water and are insulated against dampness; the total of
window area in each room is equal to at least the minimum window area
sizes as required in this chapter; and such required minimum window
area is located entirely above the grade of the ground and adjoining
such window area.
All of the following are provided:
(1)
A parking site plan allowing sufficient access for emergency vehicles.
(2)
An interconnected smoke alarm system.
(3)
Fire-rated corridors.
(4)
Fire-rated stairwell enclosures on all stairways providing the means
of egress for one or more bedrooms.
(5)
A sufficient number of emergency exits, suitably placed in relation
to the designated bedrooms, as determined in the discretion of the
Code Enforcement Division.
(a)
Any violation of any provision of this article, or any provision
of any rule or regulation adopted by the enforcement officer pursuant
to authority granted by this chapter, shall be deemed an offense,
and any person found guilty thereof shall be liable to a fine which
shall not be less than $250 and not to exceed $1,000, or to imprisonment
not to exceed 15 days, or to both such a fine and imprisonment, and
each day's failure to comply with such provision, rule or regulation
shall constitute a separate violation.
(b)
Permit revocation.
(1)
The City may revoke the short-term rental permit for any short-term
rental which is the site of at least three separate incidents (occurring
on three separate days) within a calendar year resulting in a plea
of responsibility (with or without an explanation), a plea of guilty,
a plea of no contest, or a court's determination of responsibility
or guilt by the owner, local agent, or any renter for a violation
of one or more of the following:
(2)
Upon a determination by the City that the short-term rental
permit is subject to revocation, the City shall issue a notice to
the property owner and the local agent stating that the City intends
to revoke the short-term rental permit. The notice shall inform the
owner and local agent of a right to a hearing to show cause as to
why the short-term rental permit should not be revoked, if a hearing
is requested within 14 days of the service of the notice. If a hearing
is timely requested, the City shall schedule the hearing before the
Fire Chief. The City shall notify the owner and the local agent, in
writing, of a time and place for that hearing. At the hearing, the
owner and local agent may present evidence that the requirements for
revocation provided are not satisfied, or that the property owner
and local agent should not be held responsible for one or more of
the three requisite violations due to extenuating circumstances. Extenuating
circumstances may include circumstances such as i) the violation was
committed by a nonrenter and the renter(s) attempted to prevent or
halt the violation; ii) the violation resulted from an act of God;
or iii) other circumstances that the owner or the owner's agent
could not reasonably anticipate and prevent and could not reasonably
control.
(3)
Upon revocation of a permit, a new permit will not be issued
for a period of 18 months, and cannot be used for short-term rentals
until a new permit is obtained.
