[Added 1-3-2018 by L.L.
No. 1-2018]
It is the intention of the Board of Trustees of the Village
of Port Washington North to enact a local law to protect the public
health, safety and welfare by prohibiting the establishment and operation
of bed-and-breakfast establishments/transient rentals in the Village
of Port Washington North. The Village Board finds that residential
homes being rented for short periods of time detrimentally affects
the quality of life in the neighborhoods in which they occur.
As used in this chapter, the following shall have the meanings
indicated:
A house or residence that is owner-occupied in which someone
can rent to sleep and the price includes breakfast for the next morning.
A structure or building 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 house used by the owner as his or her
or their primary principal residence (domicile).
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 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 rental dwelling or dwelling unit occupied by persons other
than the owner or a family member of the owner and for which rent
is received by the owner, directly or indirectly, in exchange for
such rental occupation for a period less than 180 days.
A.
It shall be unlawful and a violation of this chapter for any person
or entity who owns a dwelling unit in the Village of Port Washington
North to establish, maintain, use, let lease, rent or suffer or permit
the occupancy and use thereof of a transient rental property and/or
a bed-and-breakfast establishment in the Village of Port Washington
North.
B.
Presumption of a dwelling unit as transient rental property/bed-and-breakfast
establishment.
(1)
The presence of the following shall create a presumption that
a dwelling unit is being used as a transient rental property:
(a)
The dwelling unit or any room therein is offered for lease or
otherwise on a short-term rental basis website, including but not
limited to Airbnb, Home Away, VRBO and the like for a period of less
than 180 days; or
(b)
The dwelling is offered for lease in any medium for a period
of less than 180 days.
(2)
The foregoing presumption may be rebutted by evidence presented
to the Port Washington North Code Enforcement Officials that the dwelling
unit is not a transient rental property and/or a bed-and-breakfast
establishment.
A.
Each and every violation of, or failure to comply with, any provision
of this article shall constitute a violation, punishable as follows:
for a conviction of a first offense, by a fine not to exceed $500;
for a conviction of a second offense, both of which were committed
within a period of four years, by a fine not less than $500, nor more
than $1,000; for a conviction of a third or subsequent offense, all
of which were committed within a period of two years, by a fine not
less than $1,000, nor more than $1,500; and for a fourth offense,
all of which were committed within a period of four years, by a fine
not less than $1,500, nor more than $2,500 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
then such order or judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter, or its specific application.
This article shall take effect immediately after filing with
the Secretary of State.
