[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
A certificate issued pursuant to § 162A-6 of this chapter.
Chapter 162A, Rental Properties, of the Code of the Town of Greece.
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.
Shall include the Building Inspector, Fire Marshal and all
certified code enforcement officials as appointed pursuant to local
law.
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.
The owner or any other person having the right to control
the possession of a dwelling unit.
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.
A dwelling unit established, occupied, used or maintained
for 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.
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units.
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.
The Town of Greece, New York.
The New York State Fire Prevention and Building Codes, as
currently in effect and hereafter amended from time to time.
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:
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.
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.
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.
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.
[Amended 3-16-2023 by L.L. No. 2-2023]
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, telephone numbers,
and e-mail addresses of all owners of the premises.
(b)
If the premises are owned by a business entity, the tax identification
number and name, address, telephone number, and e-mail address of
the owner-entity's agent or representative.
(c)
A floor plan identifying the location of each conventional bedroom,
exit, and fire protection system.
(d)
A listing of each avenue through which the premises are listed
for rental.
(e)
Proof of liability insurance for the premises with aggregate
policy limits in an amount no less than $1,000,000.
(f)
Written acknowledgement of receipt of the Town's code of
conduct and this chapter, which tenants will be expected to abide
by. The Building Inspector shall provide said code of conduct and
this chapter to the owner, who shall also post a copy of the code
of conduct in a conspicuous place at the rental property during all
rental occupancies.
(g)
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.
(3)
Effective March 16, 2023, and continuing thereafter, new applications
for short-term rental permits will only be accepted in connection
with properties purchased or acquired between August 18, 2021, and
March 16, 2023.
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 five business 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 revoked pursuant to this chapter. Upon expiration or
revocation of a permit, the owner shall apply for and must obtain
approval for a new short-term rental property permit prior to permitting
subsequent short-term rental occupancy. Short-term rental permits
may not be transferred or assigned to any person or used by anyone
other than the person or entity to whom it was issued.
(5)
An application for a renewal of a short-term rental permit must be
submitted 30 days prior to its expiration. If the applicant for a
renewal had a short-term rental permit revoked for cause during the
prior calendar year, the owner shall be prohibited from submitting
an application for renewal for a period of 12 months from the date
the permit was revoked. In the event an application for a renewal
of a short-term rental permit is not submitted 30 days prior to its
expiration, or an individual or entity's short-term rental permit
is revoked for a second time, the individual or entity shall be permanently
prohibited from submitting a subsequent application for a renewal
of a short-term rental permit.
C.
Grounds for possible denial of application for a short-term rental
property permit or renewal permit. The Building Inspector may deny
an application for a short-term rental property permit or renewal
permit on any of the following grounds:
(1)
The application does not comply with the provisions of this chapter.
(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.
(6)
The premises for which a short-term rental permit is sought were
used or occupied in violation of this chapter during the calendar
year immediately preceding the date of application or during the calendar
year in which the application is made.
D.
Terms and conditions applicable to all premises subject to short-term
rental permits.
(1)
It is the responsibility of the owner of the premises to ensure proper
and legal occupation of the premises and compliance with this chapter.
(2)
The owner of the premises must submit to the Building Inspector,
via e-mail, the number of expected tenants and dates of occupancy
in connection with each contracting tenant in advance of the commencement
of such tenant's occupancy of the premises.
(3)
The owner of any short-term rental must maintain the name, telephone
number, and e-mail address of the current tenant in possession at
all times, and provide such information to the Town upon request.
(4)
The owner of any short-term rental must post the Town's code
of conduct on each location where the short-term rental is advertised
to the public.
(5)
Premises granted a short-term rental permit may only be used for
residential purposes in connection with such permit.
(6)
No illegal conduct shall be carried on at a short-term rental premises
by the premises owner, or any short-term rental tenants, guests, or
invitees.
(7)
A tenant in possession pursuant to a short-term rental permit is
prohibited from subleasing or otherwise licensing the use or occupancy
of any portion thereof.
(8)
Short-term rental tenants, guests, and invitees shall not block or
otherwise impede ingress or egress over the street on which the short-term
rental premises are located, and/or to or from any driveways of other
premises on such street.
(9)
Each premises must have a minimum of two parking spots available
to tenants.
E.
Suspension or revocation of short-term permit.
(1)
Each short-term rental property owner is responsible for compliance
with the requirements set forth in this chapter, and to ensure all
short-term rental tenants, guests, and invitees comply with this chapter.
Upon receipt of notice of a potential violation of this chapter (submitted
via e-mail), or the right to inspections pursuant to this chapter,
the Building Inspector and/or code enforcement personnel may investigate
any short-term rental premises for failure to comply with the terms
of this chapter. The Building Inspector may suspend or revoke a short-term
rental permit on any of the following grounds:
(a)
The owner or any tenant violated any provisions of the Code
of the Town of Greece or the Town's code of conduct.
(b)
The owner or any tenant violated any condition set forth in
the applicable short-term rental permit.
(c)
The owner or any tenant 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 premises.
F.
Appeals.
(1)
If the Building Inspector denies an application for a short-term
rental property permit or renewal permit, or suspends or revokes a
short-term rental property permit, he or she shall notify the applicant
or owner in writing. Such notice shall include or be accompanied by
a statement reciting the ground or grounds for the denial, suspension,
or revocation.
(2)
An applicant or owner may appeal from such denial, suspension, 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.
G.
Penalties.
(1)
Violations of this section shall be subject to all applicable penalties under this chapter in addition to those imposed by any other applicable provisions of the Code of the Town of Greece. In addition, the following penalties may apply to violations of specific requirements set forth in this § 162A-7:
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.
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.
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.
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.
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.
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.
This chapter shall take effect immediately. No violation of
this chapter shall be charged prior to August 1, 2014.
