[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-14-2009 by L.L. No. 49-2009[1]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies of the Village, county or state
or existing requirements of any other provision of local laws or ordinances
of the Village or county or state laws and regulations. In the case
of a conflict between this article and other regulations, that which
sets the more stringent requirement will prevail.
[Amended 1-24-2011 by L.L. No. 1-2011; 11-25-2019 by L.L. No. 6-2019]
It shall be unlawful for the owner of any building, or portion thereof, used for residential purposes to allow, permit or suffer the occupancy thereof as a separate dwelling unit for someone other than the owner for 30 consecutive days or more without a rental permit pursuant to Article I of this chapter. Short-term rentals of less than 30 consecutive days shall be regulated as provided in Article II of this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of such dwelling unit.
A.
Application for such permit shall be made, in writing, to the Code
Enforcement Officer on a form provided therefor and shall contain
the name of the applicant, the location of the premises and the number
of dwellings and units and persons to be accommodated.
B.
Each application shall be accompanied by a survey or sketch to scale
showing the size and location of the premises, all buildings and structures
and a floor plan to scale of each dwelling unit and accommodation.
C.
Each application shall be executed by and sworn to by the owner of
the premises or such person who operates such premises if other than
the owner with a written authorization by the owner.
A.
No permit or renewal thereof shall be issued under any application
unless the property shall be in compliance with all the provisions
of the Code of the Village of Amityville, the laws and sanitary and
housing regulations of the County of Suffolk and the laws of the State
of New York.
B.
Prior to the issuance of any such permit or renewal thereof, the
property owner shall provide a certification from a licensed architect,
a licensed professional engineer or the Code Enforcement Officer or
his designee based upon a physical inspection of the premises that
the property which is the subject of the application is in compliance
with all the provisions of the Village Code, the laws and sanitary
and housing regulations of the County of Suffolk and the laws of the
State of New York.
The permit shall be valid for a period of two years from the
date of issuance.
A.
Permit fees shall be set by resolution of the Board of Trustees from
time to time for the following classes:
B.
A late charge equal to two times the amount of the applicable permit
fee, prorated for the period of time constituting the overdue period,
shall be paid for the renewal of any expired rental permit required
by this article. Said late charge shall be in addition to the basic
permit fee.
The submission of an application for a rental permit or the
receipt of such permit shall be deemed an authorization by the owner
to the Code Enforcement Officer or his designee to make or cause to
be made inspections to determine the condition of the premises and
to safeguard the health, safety, morals and welfare of the public.
Such inspection shall be made at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency, without
the further consent of the owner.
A first violation of this article shall be punishable by a fine
of not less than $250 and not more than $1,000 or imprisonment for
a period not to exceed six months, or both. A second violation of
this article within five years of a previous conviction of the offense
shall be punishable as a misdemeanor and by a fine of not less than
$500 and not more than $1,500 or imprisonment for a period not to
exceed one year, or both. A third violation of this article within
five years of the second conviction of the offense shall be punishable
as a misdemeanor and by a fine of not less than $1,000 and not more
than $2,000 or imprisonment for a period not to exceed one year, or
both.
[Added 11-25-2019 by L.L.
No. 6-2019]
As used in this article, the following terms shall have the
meanings indicated:
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
An individual or group of individuals who are in possession
of and have a fee interest in real property. The term "owner" shall
not include a business entity or association, a trustee, receiver
or guardian of an estate, or a mortgagee or lien holder.
A one- or two-family dwelling, or parent-child residence,
used by the owner as his or her or their principal residence (domicile).
A bedroom or group of bedrooms in a one- or two-family dwelling,
or a parent-child residence, used for short-term rentals, where there
are no provisions for eating or cooking, but may include the use of
private or shared bathroom facilities.
A dwelling unit(s), a room, or a group of rooms legally established
within one- or two-family residences that are owner-occupied, including
parent-child residences, where the dwelling, unit(s), room or group
of rooms is rented, leased or otherwise assigned for a tenancy of
less than 30 consecutive days, and where no meals are served. The
term "short-term rental" does not include mixed-use buildings, multiple-dwelling
buildings, dormitories, hotel or motel rooms, bed-and-breakfast inns,
or boarding or lodging houses.
A.
Permit required. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
without first having obtained a short-term rental permit. The failure
or refusal to obtain a short-term rental permit shall be deemed a
violation of this article.
B.
Owner-occupancy. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
if the property is not owner-occupied. The failure of the owner to
occupy the property as his residence (domicile) shall be deemed a
violation of this article.
C.
Advertisement. An application for a short-term rental permit shall
be filed before the room(s) or dwelling unit(s) are advertised for
short-term rental, and if the spaces are not advertised, then such
permit shall be obtained before the room(s) or dwelling unit(s) are
leased or rented. The short-term rental permit number shall be noted
on the advertisement. Any person who advertises the space for rent
or lease, or rents the room(s) or dwelling unit(s) as short-term rentals
without first having obtained a short-term rental permit shall be
deemed to be in violation of this article.
D.
Signage. It shall be unlawful to place signage on property advertising
or identifying any portion of the property as a short-term rental.
Any person who violates the provisions of this subsection shall be
deemed to be in violation of this article.
E.
Parking. All vehicles attributable to short-term rentals shall be parked on-site in parking spaces provided for such purpose when the vehicles are not in use. All parking shall comply with the provisions of § 183-129 and § 183-147. Any person who violates the provisions of this subsection shall be deemed to be in violation of this article.
F.
Permitted number of days. It shall be unlawful for the property owner
to use, establish, maintain, operate, occupy, rent or lease any portion
of his property as a short-term rental for more than 120 days out
of a calendar year. A person who violates this subsection shall be
deemed to be in violation of this article.
G.
Number of bedrooms. It shall be unlawful for the property owner to
use, establish, maintain, operate, occupy, rent or lease more than
two bedrooms within a dwelling unit. Any person who violates the provisions
of this subsection shall be deemed to be in violation of this article.
H.
Cooking and sleeping facilities. It shall be unlawful to have cooking
facilities in rooms used for short-term rental, except for those premises
having a valid certificate of occupancy for a two-family dwelling
or a parent-child residence. There shall not be any rooms for overnight
guests other than in the main building on the lot. Any person who
violates the provisions of this subsection shall be deemed to be in
violation of this article.
I.
Conditions and restrictions. It shall be unlawful for a property
owner to violate, fail, neglect or refuse to fully comply with any
condition, restriction or requirement of the short-term rental permit.
Any person who violates the provisions of this subsection shall be
deemed to be in violation of this article.
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short-term
rental:
Application for a short-term rental permit shall be made to the Code Enforcement Officer in accordance with § 137-3 of this chapter.
A.
Transferability. Short-term rental permits are not transferable.
Any person who transfers a permit or uses a permit that has been transferred
shall be in violation of this article.
B.
Conditions and restrictions of permit. All permits issued pursuant
to this article shall be subject to the following conditions and restrictions,
whether or not they are itemized on the permit:
(1)
The property used for short-term rental shall be the principal residence
(domicile) of the owner at all times during the term of the permit;
and
(2)
There shall be no signage on the property advertising or identifying
the short-term rental; and
(3)
The property shall have no commercial-type lighting outside the building;
and
(4)
All outward appearances of the property in which the short-term rental
will be located must remain as they were before the permit was issued.
A new entrance (doorway) shall not be installed by the applicant to
accommodate the new use; and
(5)
Sufficient on-site parking must be provided. Said parking shall be
in the driveway or in a parking area behind the main residence on
the property that is under review for the permit. Accommodations for
one car per short-term rental stay and two cars for the owner's
family shall be the minimum off-street parking to be provided; and
(6)
Every bedroom in a short-term rental occupied by one person shall
contain at least 70 square feet of floor area, and every bedroom in
a short-term rental occupied by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof. Children
under five years of age shall not be included in the definition or
calculation of occupancy; and
(7)
No more than two bedrooms with separate or shared bathrooms within
a dwelling unit shall be utilized for a short-term rental; and
(8)
There shall be no cooking facilities in rooms, except for those premises
having a valid certificate of occupancy for a two-family or parent-child
residence. There shall not be any rooms for overnight guests, other
than in the main building on the lot. There shall be no structural
alterations that prevent the building from being used as a residence;
and
(9)
No more than a total of 120 days of short-term rentals shall occur
within a calendar year; and
(10)
Traffic attributable to the short-term rental must not result
in significant adverse impacts to existing traffic patterns nor create
a hazard to pedestrians in the neighborhood; and
(11)
Compliance with all applicable provisions of the Code, including
noise and property maintenance, shall be required; and
(12)
The property owner shall maintain a registry and the names and
dates of occupancy of the short-term rental occupants. This registry
must be produced for review upon the request of the Code Enforcement
Officer.
C.
Authority of Code Enforcement Officer. The Code Enforcement Officer
may issue a permit with such additional restrictions and conditions
as he deems reasonable and necessary under the circumstances.
D.
Notification requirements. The Code Enforcement Officer shall provide
a packet of information with the issuance of each permit summarizing
the restrictions, guidelines and requirements applicable to the short-term
rental use. The property owner of the short-term rental shall provide
a copy of the information packet to the occupant(s) of the short-term
rental property.
A short-term rental permit shall be valid for a period of one
year from the date of issuance.
A.
The permit fee for short-term rentals shall be set by resolution
of the Board of Trustees from time to time.
B.
A late charge equal to two times the permit fee, pro-rated for the
period of time constituting the overdue period, shall be paid for
the renewal of any expired short-term rental permit required by this
article. Said late charge shall be in addition to the basic permit
fee.
The submission of an application for a short-term rental permit shall be deemed an authorization for inspections of the premises in accordance with § 137-7 of this chapter.
A violation of this article shall be punishable as provided in § 137-8 of this chapter.
