This chapter shall be known and may be cited as the "Town of
Geneva Short-Term Rental Law."
The purpose of this chapter is to regulate the business involving
the short-term rental of residential properties to ensure such rentals
do not create public safety hazards nor become disruptive to the quality
of life for other residents in the neighborhood where the property
is located. It is the policy of the Town of Geneva to encourage stable
residential neighborhoods for the health and well-being of all Town
residents, businesses and guests. The Town permits short-term rentals
under conditions that foster neighborhood cohesion and that attempt
to keep property values affordable for owner-occupancy.
This chapter is adopted pursuant to:
A. Section 10 of the New York State Municipal Home Rule Law, which empowers
the Town of Geneva Town Board to adopt local laws relating to the
government, protection, order, conduct, safety, health and well-being
of persons 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).
For purposes of this chapter, the following words and phrases
shall have the definitions and meanings set forth below:
DWELLING UNIT
A building or portion thereof providing complete kitchen
and bathroom facilities for one family.
SHORT-TERM RENTAL
A dwelling unit that is rented, in whole or in part, to any
person or entity for a period of 29 consecutive nights or less and
meets all of the regulations, requirements and standards contained
in this chapter, as amended. "Rental" means an agreement granting
use or possession of a residence, in whole or part, to a person or
group in exchange for consideration valued in money, goods, labor,
credits, or other valuable consideration. Use of a short-term rental
by a record owner of a property shall not be considered to be a rental
under this section.
An owner shall obtain a revocable short-term rental permit whenever
a dwelling unit is to be used for short-term rental purposes.
A. A short-term rental permit shall be obtained prior to using the dwelling
unit as a short-term rental.
B. A short-term rental permit shall be valid for three calendar years,
shall expire on December 31 of the third year it is in effect, and
must be renewed upon expiration as long as the unit is used as a short-term
rental. In addition to payment of the permit fee with the application,
the owner or owners of the subject property shall pay to the Town
in January of both the second and third year that the short-term rental
permit is in effect the annual permit fee required by the Town Board.
Failure to pay the annual permit fee by the end of business on January
31 of the second year and third year that the short-term rental permit
is in effect shall cause the short-term rental permit to immediately
terminate.
C. The short-term rental permit is not transferable when:
(1) The owner(s) of the subject property on which the short-term rental
is located change in any way from the owner(s) listed in the short-term
rental permit application;
(2) A corporation is an owner of the subject property on which the short-term
rental is located and the shareholder(s) of such corporation change
in any way from the shareholder(s) of such corporation listed in the
short-term rental permit application;
(3) A limited-liability company is an owner of the subject property on
which the short-term rental is located and the member(s) of such limited-liability
company change in any way from the member(s) of such limited-liability
company listed in the short-term rental permit application; or
(4) A partnership is an owner of the subject property on which the short-term
rental is located and the partners of such partnership change in any
way from the partner(s) of such partnership listed in the short-term
rental permit application.
D. A short-term rental permit shall automatically terminate when:
(1) The owner(s) of the subject property on which the short-term rental
is located change in any way from the owner(s) listed in the short-term
rental permit application;
(2) A corporation is an owner of the subject property on which the short-term
rental is located and the shareholder(s) of such corporation change
in any way from the shareholder(s) of such corporation listed in the
short-term rental permit application;
(3) A limited-liability company is an owner of the subject property on
which the short-term rental is located and the member(s) of such limited-liability
company change in any way from the member(s) of such limited-liability
company listed in the short-term rental permit application; or
(4) A partnership is an owner of the subject property on which the short-term
rental is located and the partners of such partnership change in any
way from the partner(s) of such partnership listed in the short-term
rental permit application.
E. If a short-term rental permit automatically terminates as a result of Subsection
D of this section, the owners or the new owners of the subject property on which the short-term rental is located, shall apply for a short-term rental permit, submitting everything required pursuant to §
123-6 of this chapter, including a new permit fee for the current calendar year, even if a permit fee had already been paid for the current calendar year, and have such short-term rental permit issued to them prior to allowing any occupancy of a short-term rental.
F. If the terms of the short-term rental permit are not kept or these regulations not followed, the short-term rental permit may be revoked and the owner(s) subject to the penalties of Chapter
1, §
1-16, of the Code of the Town of Geneva, and the penalties set forth below.
An application for (or renewal of) a short-term rental permit
shall:
A. Be submitted to the Town Code Enforcement Officer;
B. Be signed by all persons and entities that have an ownership interest
in the subject property on which the short-term rental is located;
C. Be accompanied by payment of a permit fee, to be determined by resolution
of the Town Board;
D. Be accompanied by a copy of the current vesting deed showing how
title to the subject property is then held and, if applicable, a copy
of the current deed, easement or other document that has been recorded
in the Ontario County Clerk's Office relative to a second parcel
that has conferred permanent rights to the same owners as the subject
parcel to use such second parcel to meet the parking requirements
for the subject parcel to be used as a short-term rental pursuant
to this chapter.
[Amended 8-8-2023 by L.L.
No. 2-2023]
E. State if there are any owners of the subject property on which the
short-term rental is located that are an entity, including, but not
limited to, a corporation, limited-liability company, partnership,
trust or estate, accompanied by copies of the documents:
(2) Identifying the owners and/or principals of such entity; and
(3) Identifying and empowering the officers, member(s), manager(s), partners,
trustee(s), executor(s) or administrator(s) thereof, as the case may
be.
F. Be completed on the form provided by the Town, and shall provide
the following information:
(1) A list of all of the property owners of the short-term rental, including
names, addresses, telephone numbers and e-mail addresses.
(2) If any property owner of the short-term rental is a corporation,
limited liability company, partnership or any other business entity,
a list of all the shareholders, members, partners or other owners,
as the case may be, of such corporation, limited liability company,
partnership or other business entity, including names, addresses,
telephone numbers and e-mail addresses.
(3) If any property owner of the short-term rental is other than a human
person, including, but not limited to, a corporation, limited liability
company, partnership, trust or estate, a list of all the directors,
officers, managers, trustees, executors, administrators or other persons
responsible for the management and control of such corporation, limited
liability company, partnership, trust or estate, as the case may be,
including names, addresses, telephone numbers and e-mail addresses.
(4) Application certifications:
(a)
Completion of a signed statement by the property owners stating
the following:
[1]
The short-term rental is in compliance with the following standards:
[a] There shall be one functioning smoke detector in
and outside each sleeping room and at least one functioning smoke
detector in at least one other room, one functioning fire extinguisher
in the kitchen and at each exit, and at least one carbon monoxide
detector per floor level.
[b] Exterior doors shall be operational, and all passageways
to exterior doors shall be clear and unobstructed.
[c] Electrical systems shall be serviceable with no
visual defects or unsafe conditions.
[d] All fireplaces, fireplace inserts or other fuel-burning
heaters and furnaces shall be vented and properly installed.
[e] Each sleeping room shall have an exterior exit
that opens directly to the outside, or an emergency escape or rescue
window.
[2]
The number of sleeping rooms within the short-term rental, as
defined in this chapter.
[3]
The number and location of parking spaces that meet the standards
set forth in this chapter.
[Amended 8-8-2023 by L.L.
No. 2-2023]
(b)
Application certifications shall be valid during the term of
the short-term rental permit, or until modifications requiring a building
permit are made, or until the Town Code Enforcement Officer has reason
to believe a new inspection is warranted, at which point, the Code
Enforcement Officer shall conduct an inspection to determine whether
the requirements of this chapter and Chapter 175, Zoning of the Town
of Geneva are being complied with. If relevant circumstances on the
property change or for any reason the application or the certification
that is a part of the application is or becomes inaccurate, a new
certification shall be submitted.
(5) A site plan, drawn to scale, showing the location of buildings, required
parking and, if not served by a public sewer, the location of the
septic system and leach field. An accurate, suitable plan need not
be prepared by a professional.
(6) If the property is served by a private septic system, a septic inspection report issued pursuant to Chapter
159 of the Code of the Town of Geneva, dated within 90 days of the date of the application, stating the size of the tank(s) and leach or absorption field or area, and the location and condition of all septic system components. The report must state the septic system was adequately functioning at the time of inspection. The septic system must be in compliance with Chapter
159, and the maximum occupancy of the short-term rental unit shall be limited by the number of bedrooms allowed for the size of the septic tank and leach or absorption area, as set forth in the regulations of the New York State Department of Health (referred to in Chapter
159), Appendix 75-A of Part 75 of Title 10 of the New York Codes, Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems. A system failure will require a new passing inspection report.
(7) The name, address, telephone number and email address of a contact
person, who shall be responsible, and authorized, to act on the owner's
behalf to promptly remedy any violation of these standards or the
permit. The contact person may be the owner or an agent designated
by the owner to serve as a contact person.
(8) A statement that the applicant has met and will continue to comply
with the standards of these regulations and the permit.
(9) Written consent for the Town Code Enforcement Officer to enter the
subject property and the short-term rental for purposes of conducting
all inspections called for in this section as part of the review of
a short-term rental application, as part of ensuring compliance with
the regulations, requirements and standards of this section and as
part of the investigation of a complaint alleging a violation of this
section or of a permit issued pursuant to this section.
All short-term rentals shall meet the following standards:
A. The maximum occupancy for each short-term rental unit shall be the
smaller of:
(1) The maximum number of people allowed based on the septic inspection
report, if applicable; or
(2) The number of people calculated on the basis of two persons per sleeping
room (unless the room size is below 100 square feet). For this purpose,
a sleeping room is defined as fully enclosed habitable space of at
least 70 square feet for one person and 100 square feet for two persons,
with an emergency escape or rescue opening.
B. There must be sufficient off-street parking spaces, in compliance with the requirements of Article
VI Off-Street Parking and Loading of Chapter
165, Zoning, to accommodate the maximum occupancy of the dwelling unit as a short-term rental.
[Amended 8-8-2023 by L.L.
No. 2-2023]
C. Tenants and guests shall park in the off-street parking spaces required by Article
VI, Off-Street Parking and Loading, of Chapter
165, Zoning, of the Code of the Town of Geneva and shall not park on any part of the lawn of the property nor on the street.
D. A house number visible from the street or road shall be maintained.
E. 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, and placed where
they are not clearly visible from the street or road except around
pickup time.
F. Advertisements for the short-term rental must conform to what is
allowed under these regulations and the short-term rental permit.
G. The short-term rental shall be owner-occupied or owner-supervised.
For purposes of this requirement.
(1) "Owner-occupied" shall mean that at least one owner in title to the
lot or parcel that the short-term rental is a part of either:
(a)
Occupies for at least seven months of each calendar year as
his or her residence all or part of the dwelling unit that contains
the short-term rental; or
(b)
Occupies for at least seven months of each calendar year as
his or her residence a dwelling unit on the lot or parcel that the
short-term rental is a part of, other than the short-term rental;
and
(2) "Owner-supervised" shall mean that at least one owner in title to
the lot or parcel that the short-term rental is a part of occupies
for at least seven months of each calendar year as his or her residence
a dwelling unit on a lot or parcel that is contiguous to or immediately
across the street from the parcel containing the short-term rental.
This standard requiring the short-term rental be owner-occupied or
owner-supervised shall not apply to any short-term rental permit,
or renewal thereof, in existence on the date the local law enacting
this standard takes effect and shall only apply to short-term rental
permits issued after such effective date.
Owners of short-term rental units shall obey all applicable
laws, ordinances and regulations of the Town of Geneva, Ontario County,
New York State and the United States of America, and shall be subject
to the enforcement and penalty proceedings contained in this chapter
and in the Code of the Town of Geneva. The following process shall
be followed in the event of a complaint alleging a violation of these
regulations or a permit issued under these regulations:
A. The complaining party shall first attempt to contact the contact
person designated on the permit, describe the problem and indicate
the desired remedy.
B. The contact person shall, within two hours of receiving the complaint,
respond to the complaint and remedy as soon as reasonably possible
any situation that is out of compliance with these regulations or
with the permit for the property.
C. If the response is not satisfactory to the complaining party (including
the inability to promptly reach the contact person), the complaining
party may file a complaint with the Town Code Enforcement Officer
by submitting a written complaint including the date, time and nature
of the alleged violation as well as a statement that the complainant
either unsuccessfully attempted to contact the contact person or did
contact the contact person but the complaint was not adequately resolved.
A failure to attempt to contact the contact person will not excuse
a violation.
D. If the Town Code Enforcement Officer finds a violation of the permit
or of this chapter, the Code Enforcement Officer may do any of the
following depending on the circumstances:
(1) Attach reasonable conditions to the existing short-term rental permit;
(2) Suspend the short-term rental permit; and/or
(3) Revoke the short-term rental permit.
E. In addition to any other action this chapter permits the Town Code
Enforcement Officer to take upon finding a violation of the permit
or of this chapter, if the Town Code Enforcement Officer finds three
or more violations of the permit or of this chapter within 30 days
of each other, the Code Enforcement Officer shall revoke the short-term
rental permit.
F. Should a permit be revoked:
(1) None of the owners of the short-term rental property may obtain any
short-term rental permit sooner than one year after the date of revocation;
and
(2) If any of the owners of the short-term rental property are a corporation,
limited-liability company or partnership, none of the shareholders
of such corporation, members of such limited-liability company or
partners of such partnership, as the case may be, may obtain any short-term
rental permit, either as an owner or as the shareholder, member or
partner of an owner that is a corporation, limited-liability company
or partnership, as the case may be, sooner than one year after the
date of revocation.
(3) Any future application for a short-term rental permit for the same
property shall be in compliance with all regulations of this section
in effect at the time such application is submitted.
G. The Town may initiate enforcement proceedings under this chapter
at any time following receipt of a complaint.
H. Decisions of the Code Enforcement Officer will be provided to the
parties and may be appealed, within 30 days of receipt of the decision,
by the owner or by the complainant to a tribunal, appointed by the
Town Board, consisting of one Town Board member, one Town resident
who holds a short-term rental permit, and one Town resident who does
not hold a short-term rental permit. The appealing owner or complainant
shall make a written request for a hearing to the Town Clerk, and
the tribunal shall hear the appeal within 15 days of the request,
during which time the decision of the Code Enforcement Officer shall
be stayed. At the hearing, the tribunal shall accept evidence offered
by the property owner, the complaining party, the Code Enforcement
Officer and any other witness with relevant evidence. The tribunal
shall make its decision within 10 days of the hearing, and may uphold
the Code Enforcement Officer's decision, reject it, or modify
it.
I. Any property owner found in willful violation of the provisions of
this section shall be required to reimburse the Town for its reasonable
costs of enforcement, including reimbursement for staff time and reasonable
attorney's fees.