[HISTORY: Adopted by the Board of Trustees of the Village
of Coxsackie as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-15-2013 by L.L. No. 1-2013; amended in its entirety 8-14-2023 by L.L. No. 4-2023]
A.
The Village Board finds that short-term residential rental activities
constitute a business which impacts upon the public health, safety,
and general welfare of the people of the Village. The use of single-
and multifamily dwelling units for vacation rental lodging purposes
provides visitors an alternative to standard lodging; however, such
uses may have negative effects on the character and stability of the
neighborhoods in which they are located. The purpose of this article
is to establish regulations for the use of short-term residential
rentals in order to protect the public health, safety, and general
welfare of the people of the Village and to further achieve the following
beneficial purposes:
(1)
The protection of the character and stability of both residential
and commercial areas;
(2)
The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social well-being
of persons occupying dwellings;
(3)
The preservation of the value of land and buildings throughout the
Village; and
(4)
Achieving
an appropriate balance of short-term residential rental uses and other
uses within certain areas of the Village.
B.
This article is not intended to regulate hotels, motels, inns, bed-and-breakfast
establishments, time-share units, rooming houses, nursing homes, halfway
homes, or rehabilitation homes. Residential units rented on a month-to-month
or annual basis, pursuant to a valid lease agreement, are also excluded.
As used in this article, the following terms shall have the
meanings indicated:
A person 18 years of age or older or entity designated by
the owner on the registry form who, by such owner designation, shall
have the authority to make decisions regarding the management and
maintenance of any and all rental units owned by the owner and located
within the Village.
Greene County, New York.
Village of Coxsackie's Code Enforcement Department.
A building, or portion thereof, providing complete housekeeping
facilities for one family.
A document prepared by the Village Board that summarizes
general rules of conduct, consideration, and respect, including, without
limitation, provisions of the Code of the Village of Coxsackie that
are applicable to or expected of residents of the Village.
Person(s) or entity(ies) that hold(s) legal and/or equitable
title to a rental unit.
A residential legal lot of record on which a rental unit
is located.
The annual certificate issued by the Village Clerk upon receipt
of an owner's completed registration form and payment of fee, pursuant
to this article.
One or more dwelling unit(s), used for the purposes of a
short-term residential rental.
An occupant of a rental unit required to be at least 18 years
of age and who shall be legally responsible, along with the owner,
for compliance of all occupants of the unit and/or their guests with
all provisions of this article, and/or the Village Code and any other
laws, rules, and regulations applicable to the use of the rental unit
as a short-term residential rental.
A rental unit rented for occupancy for dwelling, lodging,
or sleeping purposes to the same renter for the same unit for a period
of 28 consecutive days or less, other than ongoing month-to-month
or annual tenancy.
New York State Uniform Fire Prevention and Building Code,
as amended.
The Clerk of the Village of Coxsackie.
Code of the Village of Coxsackie.
A.
No person shall allow to be occupied, or rent to another for occupancy,
any rental unit unless the owner has first registered such unit with
the Village Clerk in accordance with the provisions of this section.
Any owner of property located within either the Community Commercial
or Village Center Zoning District who wishes to establish a short-term
residential rental after the effective date of the local law or ordinance
from which this article is derived shall file with the Village Clerk
a registry form as herein provided prior to any use of the property
as a short-term residential rental. Such application shall be made
on a form furnished by the Village Clerk and shall set forth the following
information, in addition to other information required by the Village
from time to time which may be necessary to administer, enforce and
ensure compliance with the provisions of this article:
(1)
Name, principal residence address, telephone number and e-mail address
of each owner of record;
(2)
If the owner is an entity, association, partnership, limited-liability partnership, or ownership is shared by joint tenancy, tenancy in common, tenancy by the entirety, then the name of each and every owner, partner or general partner and addresses in accordance with Subsection B(1) of this section;
(3)
If the owner is a corporation or a limited-liability company, the
principal place of business of the corporation must be provided and
the name, title and residence address of all officers, directors,
managing or general agents must be included;
(4)
The street number of the building that each rental unit is located
in, along with a specific designation of the rental unit numbers if
more than one rental unit is present in any one building;
(5)
The number and location of rental units within each building;
(6)
The types of any fire protection systems located within each building
and within each rental unit;
(7)
The number of bedrooms and the applicable overnight and daytime occupancy
limit of the rental unit(s);
(8)
Acknowledgment of receipt and inspection of a copy of all regulations
pertaining to the operation of the rental unit(s); and
(9)
Parking locations and number of spaces relied upon for the short-term
lessees. The parking plan must comply with the underlying zoning district
parking regulations.
(10)
Insurance
carrier and coverage. Attach copies of insurance certificates.
(11)
List
the address of the website or other medium used for advertising and
attach a copy of the ad content.
(12)
Property
owner's consent to operate a short-term residential rental.
(13)
If
applicable, the name of the owner's designated local agent, with the
agent's principal residence address, principal business address, phone
numbers and e-mail address.
(14)
It
shall be the responsibility of the owner to properly register any
change of address, agent or any other registration information which
occurs after the filing of the registry within 60 days of the date
of change.
B.
Evidence that the owner has placed on the back of the door of the
short-term residential rental unit:
C.
For purposes of this section, a post office box shall not be accepted
as the owner's or agent's address. Further, the rental unit intended
to be registered shall not be accepted as the owner's or agent's address
unless it is the principal place of business or residence of the owner
or agent.
D.
If said owner's principal place of business is not located within
the county, or is located within the county but none of the business's
officers or directors or members reside in said county, or the owner's
principal place of residence is not located in said county, the owner
must designate on the registry form a natural person 18 years of age
or older who resides in the county as owner's agent whom the owner
authorizes to make decisions regarding the management and maintenance
of the building and upon whom service of legal process and all notices
may be served or delivered. The owner's designation of an agent shall
authorize and empower the agent to make such decisions on behalf of
the owner.
E.
Within 60 days of the date of transfer of the legal or equitable
title to any building required to be registered by this article, the
new owner shall file with the Village Clerk a new registry form.
A.
A rental
registration certificate issued pursuant to this article shall expire
one year after the date of issuance, unless revoked or withdrawn prior
to expiration. A renewal request for the rental registration certificate
is due 30 days prior to its expiration and requires payment of the
annual fee. If applicable, any changes to registration information
shall be submitted at the time of renewal.
B.
Each owner
of a short-term rental shall be responsible for compliance with this
article and all other laws, rules, and regulations applicable to the
short-term residential rental local law or risk revocation of the
permit.
An annual registration fee of $250 per building and $100 per
short-term rental unit shall be paid by the owner at the time of filing
a rental registration certificate for each rental unit being registered.
A.
Every owner of property within the Village is required to maintain
such property and rental unit in a manner so as to not violate the
provisions of this Code, and such owner remains liable for violations
thereof regardless of any contract or agreement with any third party
regarding such property.
B.
The owner shall use reasonably prudent business practices to ensure
that the rental unit complies with all applicable codes regarding
fire, building and safety, health and safety, and all other relevant
laws.
C.
The Code
Enförcement Officer shall inspect the premises annually, applying
the Uniform Code and the Property Maintenance Code for NYS (PMCNYS)
requirements for rental units, including but not limited to:
(1)
Carbon
monoxide (CO) monitors must be installed and operational on all floors
that have a source of CO.
(2)
Smoke
detectors must be installed and operational on all floors with additional
detectors located in the kitchen; one within 15 feet outside of each
bedroom or sleeping unit; and one inside each bedroom or sleeping
unit.
(3)
A laminated
map designating an escape route during an emergency must be posted
on each floor.
(4)
All
egress paths must be cleared.
(5)
Exterior
doors must be operable and capable of securing with an installed lock.
(6)
Sleeping
rooms or units must have operable windows with sufficient area for
light, vent and an opening sized for egress.
(7)
Mechanical,
electrical, and plumbing systems must be operational, inspected, maintained,
and in safe working condition.
D.
The owner shall limit overnight occupancy of the rental unit to a
specific number of occupants, with the maximum number of overnight
occupants as two persons within each rental unit plus an amount not
to exceed two persons per bedroom within each rental unit. The owner
shall also limit the total daytime occupancy of the rental unit to
a specific number of occupants not to exceed an amount determined
by adding the total overnight occupants to a number equal to 50% of
the overnight occupants, except that two daytime occupants shall be
permitted in a studio unit or such other unit that does not contain
a separate bedroom. The following chart is provided as an example
of how this section would be applied to specific situations:
|
Number of Bedrooms
|
Total of Overnight Occupants
|
Additional Daytime Occupants
|
Total Daytime Occupants
|
|---|---|---|---|
|
0
|
2
|
2
|
4
|
|
1
|
4
|
2
|
6
|
|
2
|
6
|
3
|
9
|
|
3
|
8
|
4
|
12
|
|
4
|
10
|
5
|
15
|
|
5
|
12
|
6
|
18
|
|
6
|
14
|
7
|
21
|
|
7
|
16
|
8
|
24
|
E.
During the term each rental unit is rented, the owner, his or her
agent, and/or the local contact person designated by the owner shall
be available 24 hours per day, seven days per week, for the purpose
of responding within a timely and appropriate manner to complaints
regarding the condition, operation, or conduct of occupants of the
rental units.
F.
The owner shall use reasonably prudent business practices to ensure
that the occupants and/or guests of the rental unit do not create
unreasonable noise or disturbances, engage in disorderly conduct,
or violate provisions of the Village Code or any state law.
G.
For each separate rental stay, prior to occupancy of a rental unit,
the owner or the owner's agent or representative shall 1) obtain the
name, address, and driver's license number (or other state or federally
issued identification) of the responsible person; 2) provide a copy
of the Good Neighbor Brochure to the responsible person; and 3) require
such responsible person to execute a formal acknowledgment that he
or she is legally responsible for compliance of all occupants of the
rental unit or their guests with all provisions of this article and/or
the Village Code. This information shall be maintained for one year
from the issuance of a rental registration certificate and be readily
available upon request of any officer of the Village responsible for
the enforcement of this article.
H.
The owner, or his or her agent, upon notification that the responsible
person, including any occupant and/or guest of the rental unit, has
created unreasonable noise or disturbances, engaged in disorderly
conduct, or committed violations of provisions of the Village Code
or any state law, shall promptly respond in a timely and appropriate
manner to prevent a recurrence of such conduct by those occupants
or guests. Failure of the owner or his or her agent to respond to
calls or complaints regarding the condition, operation, or conduct
of occupants of the rental unit in a timely and appropriate manner
shall be grounds for imposition of penalties as set forth in this
article. It is not intended that an owner, agent, or local contact
person act as a peace officer or place himself or herself in an at-risk
situation. The owner, or his or her agent, shall report the name,
violation, date, and time of disturbance of each responsible person
involved in three or more disturbances covered by this subsection
to the Code Enforcement Department.
I.
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection between the hours of 5:00 a.m. and 8:00 p.m. on scheduled trash collection days. The owner of the rental unit shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapters 82 and 126 of the Village Code (Littering and Solid Waste, respectively) and shall provide the highest level of solid waste collection service available to residential customers in the Village.
J.
The owner of the rental unit shall post a copy of the rental registration
certificate, Good Neighbor Brochure, and a copy of the conditions
set forth in this section in a conspicuous place within the unit.
K.
The owner shall provide each occupant of a rental unit with the following
information prior to occupancy of the unit and/or post such information
in a conspicuous place within the unit:
(1)
The name of the managing agency, agent, rental manager, local contact
person, or owner of the unit, and a telephone number at which that
party may be reached on a twenty-four-hour basis;
(2)
The maximum number of overnight occupants, and the maximum number
of daytime occupants permitted to stay in the unit;
(3)
The trash pickup day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
(4)
Notification that the amplification of music outside of the rental
unit is a violation of this article;
(5)
Notification that the responsible person may be cited or fined and/or
immediately evicted by the owner pursuant to state law, in addition
to any other remedies available at law, for creating a disturbance
or for violating other provisions of this article;
(6)
Notification that failure to conform to the occupancy requirements
of the rental unit is a violation of this article;
(7)
A copy of this article of the Village Code, as may be amended from
time to time.
L.
The use of a rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
M.
The Department shall have the authority to impose additional standard
conditions, applicable to all rental units, as necessary, to achieve
the objectives of this article. A list of all such additional standard
conditions shall be maintained and on file in the office of the Village
Clerk and such offices as the Department designates.
A.
All advertising for a short-term residential rental shall include
the valid certificate number issued to the registered owner.
B.
Reservation websites shall include the short-term residential rental
policies or a working link to such policies.
C.
All advertising
must comply with the short-term rental local law and remain within
the scope of the permit issued and claims stated in the application.
Discrepancies shall result in enforcement, including but not limited
to revocation of the permit and issuance of fines as defined in the
section below.
A.
The presence
of the following shall create a presumption that a dwelling unit is
being used as a short-term residential rental property:
(1)
The
dwelling unit or any room therein is offered for lease on a short-term
rental website, including Airbnb, HomeAway, Vrbo and the like for
a period of less than 28 days;
(2)
The
dwelling is offered for lease in any medium for a period of less than
28 nights;
(3)
A lessee
files a complaint with the Village Code Enforcement Department; or
(4)
A lessee
submits a rental agreement.
B.
The presumption
use may be rebutted by evidence, presented to the Code Enforcement
Official, that the dwelling unit is not a transient rental property.
A.
Unregistered
short-term residential rentals. Unregistered short-term residential
rentals that have been operating as short-term residential rentals
in any zoning district within the Village as shown by signed, dated
rental agreements, business receipts or other evidence acceptable
to the Village Code Enforcement Officer, may become a legal nonconforming
use through compliance with the short-term residential rental provisions.
(1)
Previous
use of the property as a short-term rental must be evidenced by signed,
dated, rental agreements, business receipts or other evidence acceptable
to the Village Code Enforcement Officer.
(2)
Within
60 days after the effective date of the ordinance from which this
article is derived, the owner of each unregistered rental unit existing
on such effective date shall file with the Village Clerk a registry
form and must comply with the Short-Term Rental Local Law.
(3)
Continued
compliance and annual renewals are required to maintain legal nonconforming
status.
(4)
Abandonment
of the use by nonrenewal of the permit, conveyance of the property
without transferring the permit or discontinued use for six consecutive
months shall extinguish the legal nonconforming status.
B.
Registered
short-term residential rentals.
(1)
Existing,
legally permitted short-term rentals shall continue to operate as
is subject to the Short-Term Rental Local Law and annual permit renewal
requirements.
(2)
Continued
compliance and annual renewals are required to maintain legal nonconforming
status.
(3)
Abandonment
of the use by nonrenewal of the permit, conveyance of the property
without transferring the permit or discontinued use for six consecutive
months shall extinguish the legal nonconforming status.
A.
Any person who uses, or allows the use of, property in violation of the provisions in this article may be issued an appearance ticket pursuant to Chapter 3 of the Village Code. The first violation is punishable by a fine in the amount of $350. A second violation within five years shall result in a fine of $700. Each subsequent violation within five years shall be $1,000.
B.
Upon three violations in any twenty-four-month period, the Department
may suspend or revoke the rental registration certificate for a rental
unit. Suspension or revocation may, at the Code Enforcement Officer's
discretion, result in an owner being ineligible to apply for a rental
registration certificate for three years.
C.
Operating without a valid certificate is prohibited. Evidence of
operation may include guest testimony, rental agreements, receipts,
advertising, or any other information deemed relevant by the Code
Enforcement Officer. Operating without a valid rental registration
certificate shall result in an owner being ineligible to apply for
such certificate for three years.
D.
The remedies provided for in this section are in addition to, and
not in lieu of, all other legal remedies, criminal or civil, which
may be pursued by the Village to address any violation of this Code
or other public nuisance.
