[HISTORY: Adopted by the Town Board of the Town of South
Bristol 7-10-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
The purpose of this chapter is to control and regulate the use
of property for short-term rentals within the Town. The provisions
of this chapter are intended to mitigate the adverse effects and impacts
of short-term rentals and to preserve and protect the health, character,
safety and general welfare of the rural character of the Town of South
Bristol, the peaceful, quiet enjoyment of residential neighborhoods
by permanent residents of the Town where such neighborhoods exist,
a permanent and long-term rental housing stock in the Town, the beauty
and water quality of Canandaigua Lake and its watershed, and promote
safe rental housing in the Town.
This chapter is adopted pursuant to:
A.
Section 10 of the New York State Municipal Home Rule
Law, which empowers the Town of South Bristol Town Board to adopt
laws relating to the government, protection, order, conduct, safety,
health and well-being of person or property within the Town, and outside
any village, to include the power to adopt local laws providing for
the regulation or licensing of occupations or businesses which such
power includes the power to adopt a local law regulating the use of
buildings for short-term rentals; and
B.
Section 130 of New York State Town Law and, specifically,
the police powers set forth therein in paragraph 3-a (to adopt housing
code regulations), paragraph 11 (to adopt regulations preserving the
peace, good order and safety), paragraph 15 (to adopt regulations
promoting the public health, safety, morals and general welfare, including
the protection and preservation of the property of the town and of
its inhabitants) and paragraph 19 (to adopt regulations prohibiting
trespass and preserving peace and good order).
As used in this chapter, the following terms shall have the
meanings indicated:
Other than as defined in paragraph (2) of
this definition, this shall mean a property, parcel, lot or unit situated
near or next to, adjoining, contiguous or abutting the subject property,
whether on the same side of the road, across the road or behind the
subject property; and
When the subject property is a condominium
unit that is a portion of a building containing condominium units
on multiple floors with multiple condominium units on each floor,
this shall mean any condominium unit on the same floor as the subject
property and also any condominium unit adjoining directly above and
below the subject property.
A building or portion thereof providing housekeeping facilities
for a single family.
Person(s) and/or entity(ies) that hold(s) legal title to
the short-term rental property.
A dwelling unit or part thereof rented for
compensation for lodging by individuals for a period of less than
30 days.
For the purpose of this chapter, the term
"short-term rental" shall not include a bed-and-breakfast, boarding/lodging
house, hotel or motel.
Presumption of dwelling unit as short-term
rental property.
The presence of the following shall create
a presumption that all or a part of a dwelling unit is being used
as a short-term rental:
All or a part of the dwelling unit is offered
for lease on a short-term rental website, including, but not limited
to, Airbnb, HomeAway, VRBO and the like, for a period of less than
30 days; and/or
All or a part of the dwelling unit is offered
for lease in any medium for a period of less than 30 days; and/or
Evidence that all or part of any property
in the Town is in fact being offered for lease or occupied by non-owners
for compensation for less than 30 days.
The foregoing presumptions may be rebutted
by evidence presented to the Code Enforcement Officer that the dwelling
unit is not a short-term rental.
Ongoing month-to-month tenancies are not short-term
rentals.
A.
An owner shall obtain a revocable short-term rental
permit prior to any dwelling unit being used for short-term rental
purposes. It shall be unlawful for any Owner of property in the Town
of South Bristol to rent or offer to rent a dwelling unit for less
than 30 days without a valid short-term rental permit issued by the
Town of South Bristol.
B.
Permits issued for short-term rentals shall be limited
to a maximum of 110 within the Town. For purposes of this chapter,
a suspended short-term rental permit shall still be considered issued
but a revoked short-term rental permit or an expired short-term rental
permit shall not be considered issued. In the event the issued permits
total 110, the Town will maintain a waiting list on a first come-first
served basis for those desiring a permit.
C.
A short-term rental permit shall be valid for two years
and must be renewed upon expiration as long as the unit is used as
a short-term rental.
D.
The short-term rental permit is not transferable to
a new owner. Any new owner of property subject to a short-term rental
permit who intends to rent on a short-term basis must file a new application
in accordance with the terms of this chapter as if such property is
not subject to a short-term rental permit.
E.
No dwelling unit that was constructed as a single-family
dwelling, two-family dwelling, multiple-family dwelling, dwelling
with a business, or dwelling above a first-floor business, after the
enactment of this chapter shall be eligible to apply for a short-term
rental permit for two years after the issuance of the certificate
of occupancy.
F.
Notwithstanding the foregoing, those owners with short-term
rental permits on the date this chapter takes effect shall be permitted
to honor existing commitments and continue to make commitments for
short-term rentals but must apply for renewal within 30 days of the
expiration of their permit effective date, for all future short-term
rental commitments. In the event such application is denied, all commitments
must be canceled.
G.
The issuance of a short-term rental permit to an owner
hereunder is a privilege, not a right, and any permit issued is subject
to revocation, suspension, or additional conditions during the two
year term.
A.
Applications for a short-term rental permit may be
obtained on the town website under Town Government/Code Enforcement
or at the Town of South Bristol Code Enforcement office. A completed
application for a short-term rental permit or the renewal of a short-term
rental permit shall be submitted to the Code Enforcement Officer,
accompanied by payment of a nonrefundable permit fee as established
by resolution the Town Board. Such fee may be modified from time to
time by resolution of the Town Board. An application shall contain
at least the following:
(1)
The signatures of all owners of the subject property,
including any and all partners, members, shareholders, etc. of the
ownership entity.
(2)
A copy of the current vesting deed showing how title
to the subject property is currently held.
(3)
Written consent for the Code Enforcement Officer to
enter the subject property and the short-term rental for purposes
of conducting all inspections called for in this Chapter as part of
the review of a short-term rental application, as part of ensuring
compliance with the regulations, requirements and standards of this
Chapter and as part of the investigation of a complaint alleging a
violation of this Chapter or of a permit issued pursuant to this Chapter.
(4)
An acknowledgement of present and ongoing compliance
with the short-term rental standards as defined in this chapter, including,
but not limited to, the demonstration of adequate off-road parking
spaces for the dwelling unit with proposed short-term rental.
(5)
A list of all the existing property owners of the
short-term rental property including names, addresses, telephone numbers
and email addresses. If owned by a limited liability company, a corporation,
partnership, or other entity the names, addresses, telephone numbers
and email addresses of the members, shareholders, officers, partners,
and principals of such entities. If a manager or representative signs
the application on behalf of such an entity, they shall provide written
proof of their authority to act on behalf of the entity.
(6)
The name, address, telephone number and email address
of any manager or management agency managing the property, as well
as a contact person who shall be available immediately by phone 24
hours a day, seven days a week, 365 days per year, and who shall be
responsible and authorized to act on the owners' behalf to promptly
remedy any violation of the standards outlined in this chapter or
any emergency. The contact person may be an owner or an agent designated
by the owner(s) to serve as the contact person, but shall respond
when contacted within 15 to 30 minutes and shall be at the rental
unit within 60 minutes at the request of tenants, the owner(s), the
owners or occupants of an adjacent property, the Code Enforcement
Officer or any other law enforcement officer, if needed.
(7)
An accurate, suitable floor plan of each floor of
the rental unit measuring at least 8.5 inches by 11 inches, drawn
to scale, and certified by the applicant. The floor plan need not
be prepared by a professional but must include the following:
(a)
The location of buildings and required parking.
(b)
Basement: to include house utilities, all rooms
including bedrooms, windows and exits.
(c)
First floor: all rooms with exits, windows, bedrooms
and any heating/cooling units.
(d)
Second floor: all rooms including exits, windows,
bedrooms and any heating/cooling units.
(e)
Attic, if any: with all rooms including exits,
windows, bedrooms and any heating/cooling units.
(f)
Each floor plan shall depict the evacuation plan
for that floor.
(8)
A statement that none of the owners of the subject
property has had a short-term rental permit revoked within the previous
year.
(9)
A list of each advertising website that is or will
be used by the Owner, along with all identifiers.
B.
All completed applications are subject to a floor plan
review and approval by the Code Enforcement Officer. Upon approval
of the application, the Code Enforcement Officer shall grant a short-term
rental permit.
All short-term rentals shall meet the following standards:
A.
Property requirements.
(1)
All short-term rental units located within a structure
shall comply with current New York State Building Codes.
(2)
Smoke and carbon monoxide detectors. There shall be
one working smoke detector in each sleeping room and one additional
smoke detector on each floor. Carbon monoxide detectors shall be installed
as required by the New York State Uniform Fire Prevention and Building
Code.
(3)
Emergency evacuation procedures. Evacuation procedures
must be posted in each sleeping room to be followed in the event of
a fire or smoke condition or upon activation of a fire or smoke-detecting
or other alarm device.
(5)
The house number shall be located both at the road
and on the dwelling unit so that the house number is clearly visible
from both the road and the driveway. In the event the rental property
is accessed via a shared or common driveway, the owner shall post
signage directing tenants to the property.
(6)
Exterior doors shall be operational, and all passageways
to exterior doors shall be clear and unobstructed.
(7)
Electrical systems shall be inspected by a third-party
electrical inspector to ensure no defects or unsafe conditions exist
and the owner(s) shall provide proof of that inspection prior to issuance
of any short-term rental permit and renewal thereof.
(8)
All fireplaces shall comply with all applicable laws
and regulations. Applicant shall provide proof that the chimney has
been cleaned within the calendar year of the application and within
the calendar year of any application for renewal.
(9)
The property containing the proposed short-term rental
must have a minimum of one off-road parking space for every bedroom
shown on the floor plan included with the application.
(10)
The maximum residential occupancy for each short-term
rental unit shall not exceed two people per bedroom shown on the floor
plan included with the application.
(11)
In the event that the property is served by
an on-site wastewater treatment system, an inspection report issued
by a certified septic inspector within 90 days of the application
is required. An Owner, contact person, or manager shall be present
for the inspection. The report shall state that the tank has been
pumped at the time of inspection. The report shall also state the
size of the tank(s), the size of the leach or absorption field or
area, and the location and condition of all septic system components.
All plumbing in the rental unit must be routed to the system. The
report must state the on-site wastewater treatment system was adequately
functioning at the time of the inspection. The maximum occupancy of
the short-term rental unit shall be limited by the number of bedrooms
allowed based on the size of the septic tank and leach or absorption
area, as set forth in the regulations of the N.Y.S. Department of
Health, Appendix 75-A of Title 10 of the New York Code of Rules and
Regulations, as amended, and regulations and/or standards applicable
to aerobic septic systems. A system failure during the term of a short-term
rental permit shall be grounds for an immediate suspension. A new
passing inspection report must be provided to lift the suspension
and re-instate the short-term rental permit. A short-term rental permit
may be conditioned on certain actions and safeguards by the owner
during the two-year period of the short-term rental permit, such as
periodic pumping of the septic tank or periodic inspections, if an
inspection report states such actions are indicated or the Code Enforcement
Officer receives or has received compelling evidence of issues with
the existing system in the past, pre-dating the application. Parking
on any portion of the leach or absorption area shall be prohibited.
Notice of that parking prohibition and the location of the leach or
absorption area shall be provided to tenants.
(12)
The rental unit shall be accessible by emergency
medical and fire vehicles and fire equipment at all times during the
term of the short-term rental permit.
(13)
If the rental unit is accessed by a shared or
common driveway by way of an easement of record or other right of
way, there shall be proof of an existing driveway agreement providing
for clear maintenance and snowplowing obligations as between the short-term
rental owner(s) and the neighbors sharing the driveway, in writing.
(14)
The Owner will provide a report indicating that
the water service for the rental unit is potable and safe for drinking.
(15)
Any hot tub or spa shall be equipped with a
lockable cover.
(16)
Any swimming pool on the premises shall be equipped
with a pool alarm.
B.
Insurance and registration standards. All applicants
and permit holders must provide a current, in-force certificate of
insurance for coverages appropriate for operating a short-term rental,
including a commercial general liability or homeowners' policy
with an additional short-term rental endorsement or rider. Such insurance
must be in force throughout the term of the short-term rental permit.
C.
Provisions shall be made for weekly garbage removal
during rental periods. Garbage containers shall be secured with tight-fitting
covers at all times to prevent leakage, spilling or odors.
D.
Rental contract. All applicants and permit holders
must have a rental contract, which includes the following policies/statements:
(1)
Maximum property occupancy. The same number of short-term
rental tenants who may occupy the premises for residential purposes
as specified on the permit shall also be specified in the contract.
(2)
Maximum on-site parking provided.
(3)
Good neighbor statement stating:
(a)
That the short-term rental is in a residential
area in the Town of South Bristol and that tenants shall be courteous
and respectful of the property and privacy rights of the residents
of neighboring houses and properties;
(b)
A statement that tenants and guests must comply with the Noise Law of the Town of South Bristol as set forth in Chapter 113 of the Code of the Town of South Bristol;
(c)
All renters will be subject to New York Penal
Law § 240.20 or any successor statute regarding disorderly
conduct;
(d)
A statement that littering is illegal;
(e)
A statement that all fires must be attended;
(f)
A statement that there shall be no use of, or
trespass upon, lands of neighboring houses or properties for any purpose
at any time;
(g)
That the use of fireworks and firecrackers of
any kind are prohibited on the rental unit property; and
(h)
That no recreational vehicles, travel trailers,
tents, or other temporary shelters shall be used in conjunction with
a short-term rental unit to house guests, tenants, or other individuals
on the premises.
A.
Short-term rental permit applications shall be filed
with the Town of South Bristol Code Enforcement Officer with all supporting
documentations and the nonrefundable permit fee. Only completed applications
will be accepted by the Town's Code Enforcement Officer. The
Code Enforcement Officer may decline to accept an application for
consideration for any of the following reasons:
(1)
Application and documentation required by this chapter
was not included or the full permit fee was not paid.
(2)
If the Town of South Bristol issued a short-term rental
permit to any of the owners needing to sign the short-term rental
permit application and any of such owners had a short-term rental
permit revoked within the previous year.
B.
Upon the Code Enforcement Officer's acceptance
of the completed permit application, all documents and information
required by this chapter and the application fee, the Code Enforcement
Officer shall have 30 days to conduct a property inspection and floor
and evacuation plan review to certify and approve that all short-term
rental requirements have been met.
C.
Upon completion of the inspection, floor plan, and
evacuation plan review, the Town of South Bristol Code Enforcement
Officer will approve, with or without conditions, or disapprove the
short-term rental permit. The Code Enforcement Officer may, in their
discretion, refer the application for review by a three-person panel
(made up of one member of the Town Board, one member of the Planning
Board, and one resident of the Town of South Bristol appointed by
the Town Supervisor), which will make the final determination on the
application. In issuing a short-term rental permit, the Code Enforcement
Officer, or the three-person panel, if applicable, may impose such
reasonable conditions and restrictions as are directly related to
and incidental to the use of the property for short-term rentals so
long as such conditions and restrictions are consistent with the requirements
of this chapter and are imposed for the purpose of minimizing any
adverse impact the short-term rental unit may have on the neighborhood
or community, or are based on a history of adverse impacts on the
neighborhood or community due to rental activity on the property prior
to the current application for a permit.
D.
Short-term rental permits issued pursuant to this chapter
shall state the following:
(1)
The names, addresses and phone numbers of every person
or entity that has an ownership interest in the short-term rental
property and of a primary contact person who shall be available during
the entire time the short-term rental property is being rented;
(2)
The maximum occupancy and vehicle limits of the short-term
rental unit;
(3)
Identification of the number of and location of parking
spaces available;
(4)
Any conditions imposed by the Code Enforcement Officer
or the three-person panel, if applicable.
E.
The Town shall notify the owners of record of all adjacent
properties by mail, at the address the Town Assessor has on file for
each such adjacent property for the sending of property taxes, that
a short-term rental permit has been issued to the permit holder(s).
The adjacent property owners will be notified of the permit number,
the phone number of the contact person(s) for the short-term rental
property, and that they may obtain a copy of the short-term rental
permit from the Town upon request. The adjacent property owners will
be notified that they should promptly notify the Code Enforcement
Officer, in writing, of any violations of the permit, this chapter,
and the Town Code.
A.
A short-term rental permit is subject to continued
compliance with the requirements of these regulations.
B.
Prior to any tenants coming onto the short-term rental
property:
(1)
The current short-term rental permit shall be prominently displayed inside and near the front entrance of the short-term rental, along with a map of the property and notice that no trespassing is allowed on any neighboring or adjacent property at any time for any purpose, and a statement that the property is subject to the Noise Ordinance of the Town of South Bristol Town Code, Chapter 113, Sections 113-1 through 113-8.
(2)
A copy of the current list of short-term rental properties
will be provided by the Code Enforcement Officer to the Fire Department
having jurisdiction.
C.
The owners of the short-term rental property must ensure
that current and accurate information is provided to the Code Enforcement
Officer and that they notify the Code Enforcement Officer immediately
upon any change in the information displayed on the short-term rental
permit. If, based on such changes, the Code Enforcement Officer issues
an amended short-term rental permit, the owners must immediately replace
the permit displayed inside and near the front entrance of the short-term
rental with the amended permit and must immediately provide a copy
of the amended permit to every adjacent property owner upon request
as required in Subsection 141-7(E) herein.
D.
The short-term rental permit holder must conspicuously
display the short-term rental permit number in all advertisements
for the applicable short-term rental. The permit holder shall notify
the Code Enforcement Officer of each and every advertising website
used for the property and all identifiers. The permit holder must
notify and update Code Enforcement when advertising websites are added
or discontinued.
A.
Violations of this chapter or of any short-term rental
permit issued pursuant to this chapter shall be subject to enforcement
and penalties prescribed in this chapter, as amended.
B.
In the event an adjacent property owner or other resident
of the Town of South Bristol complains of an alleged violation of
a permit or violation of this Chapter, they may contact the contact
person designated on the permit or a law enforcement agency to assist
in resolving the complaint, describe the problem from which the complaint
arises, and indicate the desired remedy. The contact person shall
respond to the complaint within 60 minutes of receiving the complaint
and remedy as soon a reasonably possible any situation that is out
of compliance with this Chapter or with the permit for the Short-term
Rental Property. If the response is not satisfactory, the adjacent
property owner or resident of the Town of South Bristol may file a
complaint with the Code Enforcement Officer in writing and by filing
the complaint in person, by mail, or by email. The complaint shall
provide the pertinent information including the date, time, and nature
of the alleged violation, as well as a statement that the complainant
was unable to contact the contact person or did contact the contact
person but the complaint was not adequately resolved.
C.
If the Code Enforcement Officer witnesses or receives
a written complaint of an alleged violation of this chapter, or the
terms and conditions of any short-term rental permit issued pursuant
to this chapter, the Code Enforcement Officer shall investigate the
alleged violation. If the Code Enforcement Officer determines, after
investigating any complaint, that there is evidence of a violation
of the terms and conditions of a short-term rental permit or this
chapter, the Code Enforcement Officer may take the following actions:
(1)
Issue a notice of violation. Order to Remedy to the
Owner regarding any violation of the short-term rental permit or this
chapter. The Owner shall take corrective action of any violations
within 30 days. If remedial action satisfactory to the CEO has not
been taken within 30 days, the permit will be revoked;
(2)
Attach reasonable conditions to the existing short-term
rental permit;
(3)
Suspend the short-term rental permit. Notice of a
suspension of a short-term rental permit shall be given by the CEO
to the short-term rental permit holder(s) and any owners of adjacent
properties, and filed with the Town Clerk;
(4)
Revoke the short-term rental permit. Notice of revocation
of a short-term rental permit shall be given by the CEO to the short-term
rental permit holder(s) and any owner(s) of adjacent properties, and
filed with the Town Clerk. Should a permit be revoked, none of the
Owners of the short-term rental unit may obtain a short-term rental
permit sooner than one year after the date of revocation;
(5)
Issue an appearance ticket for South Bristol Town
Court for any violation of the Short-Term Rental Permit or Short-Term
Rental Law;
(6)
Emergency suspension. Upon the discovery of an immediate
health hazard to renters or the general public, the Town Code Enforcement
Officer may suspend the Short-Term Rental Permit until the Owner can
demonstrate the hazard has been remedied;
(7)
Any Short-Term Rental Permit shall be immediately
subject to revocation upon the Town's discovery of inaccurate
information provided in the application or attachments thereto or
with any renewal as submitted by the Owner or the Owner's Agent,
including the Owner's or Owner's Agent's failure to
update information concerning the short-term rental units subject
to the permit;
(8)
Any suspension or revocation of a short-term rental
permit by the Code Enforcement Officer shall be communicated to the
Owner(s) and their designated contact person by certified mail through
the United States Postal Service addressed to the property of the
owners and contact person on the short-term rental application;
(9)
Upon receipt of a notice of suspension or revocation
of a short-term rental permit, an Owner shall have 30 days to request,
in writing, a hearing before the South Bristol Zoning Board of Appeals.
Such written request shall be mailed or delivered personally to the
Code Enforcement Officer. Upon receipt of a request for a hearing,
the Zoning Board of Appeals shall schedule a hearing within 45 days.
The Zoning Board of Appeals shall provide a notice of hearing to the
Owner(s) by first-class mail to the address(es) provided on the short-term
rental application, no less than 10 days' prior to the date of
the hearing. At the conclusion of the hearing, the Zoning Board of
Appeals shall determine if the terms of the short-term rental permit
or the regulations contained in this chapter were violated; and, if
it finds that there was a violation or violations, the Zoning Board
of Appeals shall affirm or modify the suspension or revocation. If
no violation is found, the Zoning Board of Appeals shall reverse the
suspension or revocation and reinstate the short-term rental permit.
In the event the permit is reinstated, the Zoning Board of Appeals,
in its discretion, may attach additional conditions to the short-term
rental permit. The first Owner(s) on the waiting list for a permit
will not become eligible until the hearing is completed and the revocation
is affirmed.
A.
Application for renewal of the short-term rental permit
is due 30 days' prior to expiration and requires payment of the
renewal fee of as established by the South Bristol Town Board for
each authorized bedroom.
B.
At the time of application for renewal, the landlord,
owner, or designated agent, if applicable, must present the previous
short-term rental permit and certify that they, the rental property
and rental unit are in full compliance with the short-term rental
permit currently held and the requirements of a short-term rental
permit and the short-term rental law.
C.
The property must have undergone an inspection performed
by the Code Officer, and all violations must be remedied prior to
renewal of a short-term rental permit for short-term rental.
D.
In the event that the property is served by an on-site wastewater treatment system, an inspection report issued by a certified septic inspector that complies with § 141-6A(11) above is required with every other application for renewal, meaning a new inspection report is required every four years.
E.
Upon completion of the above items, the Code Enforcement
Officer will issue a two-year short-term rental permit renewal.
F.
If a renewal application is not received prior to the
expiration of the existing short-term rental permit, the short-term
rental permit shall be considered suspended. Any existing rental contracts
beginning after the expiration date of the current short-term rental
permit shall be cancelled by the Owner(s). Any continued rental of
the short-term rental unit will constitute a violation of the short-term
rental law and subject the owner to immediate revocation of the short-term
rental permit by the Code Enforcement Officer.
The Code Enforcement Officer may suspend or revoke a short-term
rental permit based upon any of the following grounds:
A.
The applicant has falsified or failed to provide information
in the application for a short-term rental permit, application for
renewal of a short-term rental permit, registration of property, or
registration of property owner.
B.
A short-term rental permit holder has violated the
terms or conditions of the short-term rental permit issued.
C.
The applicant violated any provision of this chapter
during the term of the short-term rental permit.
D.
The applicant or any tenant violated any provisions
of the Code of the Town of South Bristol in relation to the property.
E.
The applicant or any tenant or guest 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 unit.
F.
Any conduct on the premises which is unreasonable under
the circumstances and which disturbs the health, safety, peace or
comfort of the neighborhood, of adjoining neighbors, or which otherwise
creates a public or private nuisance.
G.
There has been removal or disrepair of any safety devices,
such as, but not limited to, smoke and carbon monoxide detectors,
fire extinguishers and egresses.
H.
Trespassing on foot or in a vehicle on adjacent property
by any short-term rental tenants or guests.
I.
An on-site wastewater treatment system is determined
to be leaking, out of operation, or the capacity of the system has
been exceeded by short-term rental tenants and their guests exceeding
the permitted occupancy of the short-term rental unit.
J.
The Code Enforcement Officer receives evidence or witnesses
that the parking and/or occupancy limitations of a short-term rental
permit have been exceeded.
K.
An Owner rents a rental unit for less than 30 days
when their short-term rental permit has expired, been suspended, or
been revoked.
L.
A short-term rental permit has been suspended or is
considered suspended for at least 60 days and the suspension has not
been removed to reactivate the short-term rental permit.
M.
The Code Enforcement Officer has been refused entry
onto any part of the subject property or the short-term rental for
purposes of conducting any inspections called for in this Chapter
as part of the review of a short-term rental application, as part
of ensuring compliance with the regulations, requirements and standards
of this Chapter and as part of the investigation of a complaint alleging
a violation of this Chapter or of a permit issued pursuant to this
Chapter.
A.
A violation of this chapter or of any short-term rental
permit issued pursuant to this chapter is hereby declared to be a
criminal offense, punishable by a fine not exceeding $250. Each day's
continued violation shall constitute a separate additional violation.
B.
If any building, structure, dwelling, dwelling unit,
lot, parcel, recreational vehicle, or part thereof is used in violation
of this chapter or of any short-term rental permit issued pursuant
to this chapter, the Town, in addition to other remedies, penalties
or enforcement measures, may institute any appropriate action or proceeding
to enjoin, stop, restrain, correct or abate such violation.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of this chapter
or of any short-term rental permit issued pursuant to this chapter,
shall be liable to a civil penalty, of not more than $500, for each
day or part thereof during which such violation continues. The civil
penalties provided by this section shall be recoverable in an action
instituted in the name of the Town.
D.
Remedies not exclusive. No remedy or penalty specified
in this section shall be the exclusive remedy or penalty available
to address any violation described in this section, and each remedy
or penalty specified in this section shall be in addition to, and
not in substitution for or limitation of, the other remedies or penalties
specified in this section, in any other section of this chapter or
in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section or in any other section of this chapter, or in any
other applicable law.
