Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 4-15-2014 by L.L. No. 2-2014; amended in its entirety 7-15-2014 by L.L. No. 4-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 114.
Fire sprinkler systems — See Ch. 115.
Property maintenance — See Ch. 157.
Zoning — See Ch. 211.

§ 162A-1 Title; purpose; legislative intent.

A. 
This chapter shall be known as the "Rental Properties Law of the Town of Greece."
B. 
The purpose of this chapter is to ensure that all rental properties within the Town of Greece are maintained in a manner that will promote the public health, safety, and welfare and the good order and governance of the Town.
C. 
It is the intent of this chapter to provide for the administration and enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code, the Town of Greece Zoning Ordinances, Building Construction, Fire Prevention and Energy Code, Property Maintenance Law, and any other applicable provisions of the Town of Greece Code, as they apply to rental properties and short-term rental properties within the Town.

§ 162A-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 162A-6 of this chapter.
CHAPTER
Chapter 162A, Rental Properties, of the Code of the Town of Greece.
CODE ENFORCEMENT OFFICER
Hereafter referred to as the "Building Inspector" and used interchangeably herein as "Code Enforcement Officer"; the Code Enforcement Officer appointed pursuant to Chapter 114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece.
CODE ENFORCEMENT PERSONNEL
Shall include the Building Inspector, Fire Marshal and all certified code enforcement officials as appointed pursuant to local law.
DWELLING UNIT
A structure or building or part thereof or any area, room or rooms therein, occupied or to be occupied by one or more persons as a home or residence.
OWNER
The owner or any other person having the right to control the possession of a dwelling unit.
RENT
A return in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons other than the owner as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
RENTAL PROPERTY
A property upon which is located a building or buildings or structure or structures which include one or more rental dwelling units.
SHORT-TERM RENTAL PROPERTY
A property upon which is located a building or buildings or structure or structures which include one or more rental dwelling units, and one or more of the dwelling units is occupied or used by one or more persons other than the owner as a home or residence for a period of less than three months under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. Short-term rental properties include, but are not limited to, vacation rental homes and what are commonly referred to as "bed-and-breakfast" establishments.
TOWN
The Town of Greece, New York.
UNIFORM CODE
The New York State Fire Prevention and Building Codes, as currently in effect and hereafter amended from time to time.

§ 162A-3 Applicability; more restrictive provisions to prevail.

A. 
Scope. This chapter shall apply to all rental properties, short-term rental properties and rental dwelling units located within the Town of Greece, except this chapter shall not apply to the following:
(1) 
Rental properties with three or fewer dwelling units located at premises bearing the same tax account number where such owner resides, unless said rental property is operated as a short-term rental property, in which case the owner shall comply with § 162A-7 herein.
(2) 
Rental properties with multiple dwelling units and common areas that require operating permits under Chapter 114 of the Code of the Town of Greece.
B. 
More restrictive provisions to prevail. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county, or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.

§ 162A-4 Rental property permits.

A. 
Application for permit.
(1) 
It shall be unlawful and a violation of this chapter for any owner of any rental property or rental dwelling unit in the Town of Greece, other than rental property exempt from this chapter as set forth in § 162A-3A herein, to establish, maintain, use, let, lease, rent or suffer or permit the occupancy of such rental property or rental dwelling unit without first obtaining and thereafter maintaining in full force and effect a valid rental property permit from the Building Inspector.
(2) 
Application for a permit shall be made by the owner to the Building Inspector on forms available in the office of the Building Inspector. Applicants shall provide such information and documents as may be required in the discretion of the Building Inspector.
B. 
Issuance of permits.
(1) 
The Building Inspector shall review or cause to be reviewed applications for permits, together with documents filed therewith, and if in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector. A permit so issued shall be issued to the owner(s) of the subject rental property and only one permit shall be required for multiple rental dwelling units located at premises bearing the same tax account number. Fees collected shall be as specified on the Town of Greece Fee Schedule, as approved from time to time by Town Board resolution.
(2) 
Within 90 days of the issuance of a permit, the owner shall obtain a valid certificate of compliance under this chapter unless, in the sole opinion of the Building Inspector, a different time period is appropriate, in which case the time period is to be specified at the time of permit issuance. An extension of the time period to obtain a certificate of compliance may be granted, provided that satisfactory reason can be shown for failure to obtain a certificate of compliance under this chapter within the required time period.
(3) 
A record of all permits and subsequent certificates of compliance issued pursuant to this chapter shall be kept in the office of the Code Enforcement Officer.
(4) 
Upon any change to any information provided to the Building Inspector by an applicant pursuant to this chapter, including but not limited to changes of address or telephone numbers, such applicant shall provide written notice of the change and updated information to the Building Inspector within 90 days of said change.
C. 
Revocation or suspension of permits. The Building Inspector shall have the authority to revoke permits issued by him/her in the following instances:
(1) 
Where it is found that there have been false statements or representations as to a material fact in the application on which the granting of the permit was based.
(2) 
Where it is found that the permit, as issued, was in conflict with the requirements of any applicable law, code, ordinance, policy, procedure, rule or regulation and, accordingly, should not have been issued.
(3) 
Where an owner has failed to obtain a valid certificate of compliance within the time period specified herein.

§ 162A-5 Inspections.

A. 
Upon issuance of a rental property permit, the Building Inspector shall schedule, or cause to be scheduled, an inspection of the subject premises within 90 days of the issuance of such permit. The scheduling of inspections under this chapter shall be in accordance with the requirements of the Building Inspector, or in accordance with established policy, procedures, rules and regulations.
B. 
Code enforcement personnel may, between the hours of 7:00 a.m. and 10:00 p.m. or, if different, during normal business hours, enter any building or premises within the Town of Greece for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Title 19 NYCRR. Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building Inspector has either obtained the informed consent of the property owner or person with a privacy right to the property or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property.
C. 
Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made to any court of competent jurisdiction for a warrant to make such inspection.
D. 
Procedures shall be established for addressing bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for administration and enforcement of the Uniform Code. The process for responding to such complaints shall include, when appropriate, provisions for inspection of the conditions and/or activities alleged to be in violation of the code or the laws and/or regulations adopted for administration and enforcement of the code.

§ 162A-6 Certificates of compliance.

A. 
When, after final inspection, it is found that a rental property substantially conforms to the provisions of the New York State Uniform Fire Prevention and Building Code, the Town of Greece Zoning Ordinances, Building Construction, Fire Prevention and Energy Code, Property Maintenance Law, and any other applicable provisions of the Town of Greece Code, the Building Inspector shall issue a certificate of compliance upon the form provided by his/her office.
B. 
In the event that it is found that a rental property does not substantially conform to the provisions of the New York State Uniform Fire Prevention and Building Code, the Town of Greece Zoning Ordinances, Building Construction, Fire Prevention and Energy Code, Property Maintenance Law, and any other applicable provisions of the Town of Greece Code, the Building Inspector shall refuse to issue a certificate of compliance and shall require that the rental property substantially conform with all applicable laws, codes, ordinances and regulations prior to the issuance of a certificate of compliance.
C. 
A certificate of compliance issued pursuant to this chapter shall remain valid for a period of three years from the date of issuance, unless sooner terminated pursuant to this chapter. The owner shall apply for and obtain a new rental property permit within 90 days prior to the expiration of a valid certificate of compliance.
D. 
Whenever violations of an applicable law, code, ordinance or regulation are discovered, and those violations affect the property's substantial compliance with such law, code, ordinance or regulation, an existing certificate of compliance may, at the discretion of the Code Enforcement Officer, be declared null and void. If such declaration is made, the Code Enforcement Officer may order occupants of the building to vacate the building through notification to the owner(s) and the occupants of the property, in writing, unless an emergency exists, in which case an immediate order to vacate may be issued.
E. 
Appeals.
(1) 
If the Building Inspector denies or revokes a rental properties permit or certificate of compliance under this chapter, he or she shall notify the applicant in writing. Such notice shall include or be accompanied by a statement reciting the ground or grounds for the denial or revocation.
(2) 
An applicant may appeal from such denial or revocation by filing a written request for an appeal hearing before the Town Board of Zoning Appeals. Such request shall be filed with the Town Clerk. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of the appeal hearing.
(3) 
At the appeal hearing, the Board of Zoning Appeals shall give the appealing party an opportunity to be heard. In all cases, the burden of proof to show that the determination of the Building Inspector was arbitrary, capricious or in excess of this authority shall be upon the appealing party. The decision of the Board of Zoning Appeals on such appeal shall be final and conclusive.

§ 162A-7 Short-term rental property permits.

A. 
Application for permit.
(1) 
It shall be unlawful and a violation of this chapter for any owner of any short-term rental property or rental dwelling unit in the Town of Greece to establish, maintain, use, let, lease, rent or suffer or permit the occupancy of such short-term rental property or rental dwelling unit without first obtaining and thereafter maintaining in full force and effect a valid short-term rental property permit from the Building Inspector. An owner shall obtain a short-term rental permit under this section in addition to a rental property permit and certificate of compliance under § 162A-4 and § 162A-6 if that owner's property is being used as a short-term rental property as defined herein.
(2) 
Application for a short-term rental permit shall be made by the owner to the Building Inspector on forms available in the office of the Building Inspector. Applicants shall provide such information and documents as may be required in the discretion of the Building Inspector, but which shall include the following:
(a) 
The names, permanent residence addresses and telephone numbers of all owners of the premises.
(b) 
The names and permanent residence addresses of all expected tenants known at the time of application, which shall be supplemented prior to permitting the occupancy of any tenant whose information was not provided to the Building Inspector at the time of application.
(c) 
Written acknowledgement of receipt of the Town's code of conduct that tenants will be expected to abide by. The Building Inspector shall provide said code of conduct to the owner, who shall post a copy of said code in a conspicuous place at the rental property during all rental occupancies.
(d) 
A copy of a posting of emergency contact information, which shall be posted in a conspicuous place at the property during all rental occupancy. Such information shall include the name, addresses and phone numbers of the building owner(s) and instructions on dialing 911 for emergency/fire/ambulance assistance.
B. 
Issuance of permits.
(1) 
The Building Inspector shall review or cause to be reviewed applications for permits, together with documents filed therewith, and if in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector. A permit so issued shall be issued to the owner(s) of the subject rental property, and only one permit shall be required for multiple rental dwelling units located at premises bearing the same tax account number. Fees collected shall be as specified on the Town of Greece Fee Schedule, as approved from time to time by Town Board resolution.
(2) 
A record of all permits issued pursuant to this chapter shall be kept in the office of the Code Enforcement Officer.
(3) 
Supplement to application required upon change of information. Upon any change to any information provided to the Building Inspector by an applicant pursuant to this chapter, including but not limited to changes of address or telephone numbers, such applicant shall provide written notice of the change and updated information to the Building Inspector within 90 days of said change.
(4) 
A short-term rental property permit issued pursuant to this chapter shall remain valid for a period of one year from the date of issuance, unless sooner terminated pursuant to this chapter. Upon expiration or termination of a permit, the owner shall apply for and obtain a new short-term rental property permit prior to permitting subsequent short-term rental occupancy.
C. 
Grounds for possible denial or revocation of short-term rental property permit. The Building Inspector may deny or revoke a short-term rental property permit on any of the following grounds:
(1) 
The application does not comply with the provisions of this chapter.
(2) 
The applicant has failed to obtain a valid standard rental properties permit and subsequent certificate of compliance under § 162A-4 and § 162A-6 herein.
(3) 
The applicant has falsified or failed to provide information of substantial and material import in the application.
(4) 
The applicant has had a short-term rental permit revoked for cause during the calendar year immediately preceding the date of the application or during the calendar year in which the application is made.
(5) 
The applicant or any tenant violated any provisions of the Code of the Town of Greece during the calendar year immediately preceding the date of the application or during the calendar year in which the application is made.
D. 
Appeals.
(1) 
If the Building Inspector denies or revokes a short-term rental property permit, he or she shall notify the applicant in writing. Such notice shall include or be accompanied by a statement reciting the ground or grounds for the denial or revocation.
(2) 
An applicant may appeal from such denial or revocation by filing a written request for an appeal hearing before the Town Board of Zoning Appeals. Such request shall be filed with the Town Clerk. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of the appeal hearing.
(3) 
At the appeal hearing, the Board of Zoning Appeals shall give the appealing party an opportunity to be heard. In all cases, the burden of proof to show that the determination of the Building Inspector was arbitrary, capricious or in excess of this authority shall be upon the appealing party. The decision of the Board of Zoning Appeals on such appeal shall be final and conclusive.

§ 162A-8 Presumptions applicable to enforcement.

A. 
Within the context of this chapter, the presence or existence of any one of the following shall create a rebuttable presumption that a premises is being used as a rental property or a rental dwelling unit:
(1) 
There exists a written or oral lease or rental arrangement, payment or agreement for all or any portion of any building or structure located on the property by and between the owner and any tenants, occupants and/or other persons or entities in possession thereof.
(2) 
The property is occupied by someone other than the owner, and the owner represents in writing or otherwise, to any person or establishment, business, institution or government agency, that the owner resides at an address other than the rental property.
(3) 
Utilities, cable, phone or other services are in place or requested to be installed or used at the premises or any portion thereof in the name of someone other than the owner.
(4) 
There are separate entrances for segregated parts of any building or structure located on the property.
(5) 
There are partitions or internal doors which may serve to bar access between segregated portions of any building or structure located on the property, including but not limited to bedrooms.
(6) 
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all dwelling units in a building or structure.
(7) 
Two or more complete dwelling units exist in any building or structure located on the property.
(8) 
A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent.
B. 
Nothing herein shall be construed to prevent persons living together at premises bearing the same tax account number where such owner resides.

§ 162A-9 Administration and enforcement.

The Uniform Code and this chapter shall be administered and enforced by the Building Inspector as set forth in § 114-4 and § 157-17 of the Code of the Town of Greece.

§ 162A-10 Correction of violations.

A. 
Commencement of proceedings. Whenever the Building Inspector or his/her duly authorized representative has inspected any building or premises and has determined that said building or premises is in violation of any provision of this chapter, he/she shall commence proceedings to cause the cleanup, repair, rehabilitation, vacation or demolition of the building or premises.
B. 
Routine action. Whenever the Building Inspector or his/her duly authorized representative determines that a building, premises or land is in violation of any provision of this chapter, he/she shall give notice of the violation or violations as herein provided.
C. 
Notice.
(1) 
Such notice shall be given by first class mail, addressed to the last known owner at the address as shown by the records of the Monroe County Clerk, and within five calendar days of such mailing, such notice shall be given by:
(a) 
Personal delivery upon such owner or owners of property; or
(b) 
Personal delivery to the occupant of the building or premises or to the person or individual using the land or to the person or persons allegedly responsible for such violation; or
(c) 
Posting the notice on the building, premises or land where the violations are deemed to exist.
(2) 
The depositing of the notice into a depository, maintained under the exclusive control of the United States Postal Service, shall be deemed sufficient to satisfy the mailing requirement.
(3) 
Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than five days for compliance and shall be served as stated above. Such notice may contain an outline or mention of the remedial action that will be taken to effect compliance in the event the owner, occupant, agent or operator does not comply with said notice within the time period specified therein. The Building Inspector or his/her duly authorized representative may extend the compliance time specified in any notice issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
D. 
Emergency action.
(1) 
Whenever the Building Inspector or his/her duly authorized representative has determined that a condition exists which poses an immediate threat to life, health or safety, he/she may, without prior notice, issue a notice citing the violation and ordering that such action be taken as is necessary to remove or abate the hazard or danger. Such notice may include an order to vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon mailing, delivery or posting of the notice of the violation or violations as herein provided.
(2) 
Notice.
(a) 
Such notice shall be given by first class mail, addressed to the last known owner at the address as shown by the records of the Monroe County Clerk, and within five calendar days of such mailing, such notice shall be given by:
[1] 
Personal delivery upon such owner or owners of property; or
[2] 
Personal delivery to the occupant of the building or premises or to the person or individual using the land or to the person or persons allegedly responsible for such violation; or
[3] 
Posting the notice on the building, premises or land where the violations are deemed to exist.
(b) 
The depositing of the notice into a depository, maintained under the exclusive control of the United States Postal Service, shall be deemed sufficient to satisfy the mailing requirement.
(c) 
Such notice shall be complied with immediately or as otherwise provided. The Building Inspector or his/her duly authorized representative may extend the compliance time specified in any order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance. Whenever the Building Inspector or his/her duly authorized representative determines that the condition which poses an immediate threat to life, health or safety has not been corrected in the time specified by the order issued, he/she may take such direct action as is necessary, including demolition or whatever other action may be required to remove or abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided herein.

§ 162A-11 Action in cases of noncompliance.

A. 
Whenever a notice or notices referred to above have been given, and the violations continue to exist beyond the time specified in the notice or notices, the Building Inspector or his/her duly authorized representative may authorize the work to be done and pay the cost thereof out of general Town funds.
B. 
The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Building Inspector or his/her representative, as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.

§ 162A-12 Alternative remedies.

The Town of Greece Code Enforcement Officer or his/her designee shall have the following alternative remedies for enforcement of this chapter:
A. 
Appearance tickets. The Building Inspector or his/her representative shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
B. 
Penalties for offenses. Any person who fails to comply with any provision of this chapter or fails to comply with any notice, order or directive of the Building Inspector or his/her representative after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 15 days, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.

§ 162A-13 Liability of Town.

This chapter shall not be construed to hold any Code Enforcement Officer of the Town of Greece or the Town of Greece responsible for any damages to persons or property by reason of inspections made pursuant to an application for a rental permit or certificate of compliance or issuance of or the failure to issue a certificate of compliance.

§ 162A-14 Severability.

A. 
If any part or provision of this chapter or the application thereof to any person or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid; such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be invalid.
B. 
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or part, the effect of such decision shall be limited to the person, property or situation involved, and the application of any such provisions to any other person, property or situation shall not be affected.

§ 162A-15 When effective.

This chapter shall take effect immediately. No violation of this chapter shall be charged prior to August 1, 2014.