[HISTORY: Adopted by the Town Board of the Town of Athens 4-3-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
As used in this chapter, 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 Town.
Shall be subject to the requirements of and be defined in
accordance with the Uniform Code or the Town Code, whichever is more
restrictive.
The Code Enforcement Officer of the Town of Athens or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Greene County, New York.
A person 18 years of age or older 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 Town. The local contact person must reside in the county and be
available to respond to questions and concerns from neighbors and
occupants of the rental unit and/or their guests.
Shall be defined as set forth in the Uniform Code or the
Town Code, whichever is more restrictive.
Person(s) or entity(ies) that hold(s) legal and/or equitable
title to the rental unit.
A residential legal lot of record on which a rental unit
is located.
The annual certificate issued by the Town Clerk on receipt
of an owner's completed registration form and payment of fee,
pursuant to this chapter.
A building (as defined in Town Code § 180-3) including but not limited to a cottage, cabin, camp, single-family dwelling, two-family dwelling, multifamily dwelling, or dwelling unit, or any portion of such building, used for the purposes of a short-term residential rental. Appropriately licensed hotels, motels, resorts, and bed-and-breakfast inns are explicitly excluded from this definition.
An occupant of a rental unit required to be at least 18 years
of age and who shall be legally responsible for compliance by all
occupants of the rental unit and/or their guests with all provisions
of this chapter and/or the Town Code.
Use of a rental unit by fee-paying guests for the purpose
of overnight lodging for a period of eight consecutive days or less,
other than ongoing month-to-month or annual tenancy pursuant to a
valid lease agreement.
The Clerk of the Town of Athens.
Code of the Town of Athens.
The New York State Uniform Fire Prevention and Building Code,
as amended.
A.
No owner of a rental unit shall allow to be occupied, or rent to
another for occupancy, any rental unit unless the owner has first
registered such unit with the Town Clerk in accordance with this chapter
and received a rental registration certificate.
B.
Within 60 days after the effective date of this chapter, the owner
of each rental unit existing on such effective date shall file with
the Town Clerk a registry form. The owner of each rental unit constructed
after the effective date of this chapter shall file with the Town
Clerk a registry form as herein provided[1] prior to any initial occupancy.
[1]
Editor's Note: Said form is available in the Town offices.
C.
The following information must be provided to the Town Clerk in order
to register a rental unit and receive a rental registration certificate:
(1)
The name, principal residence address, telephone number, and e-mail
address of each owner of record of the rental unit;
(a)
If the owner's principal residence is not located within
the county, the owner must designate an agent who resides in the county
or local contact person whom the owner authorizes to make decisions
regarding the management and maintenance of the rental unit and upon
whom service of legal process and all notices may be served or delivered.
(2)
If applicable, the name, principal residence address, telephone number,
and e-mail address of the local contact person for the owner of the
rental unit;
(3)
If applicable, the name, principal residence address, telephone number,
and e-mail address of the agent for the owner of the rental unit;
(4)
The street number of the rental unit;
(5)
The number of bedrooms in the rental unit;
(6)
The maximum number of overnight occupants and maximum number of daytime
occupants;
(7)
Acknowledgment that all designated bedrooms meet the requirements
of the Town Code; and
(8)
Acknowledgment that the local contact person and agent, if any, and
owner have read all regulations pertaining to the operation of a short-term
residential rental.
A rental registration certificate issued pursuant to this chapter
shall expire one year after the date of issuance, unless sooner revoked.
Renewal of the rental registration certificate is due 30 days prior
to its expiration and requires payment of the annual fee. If applicable,
any change of address, local contact person, agent, or any other registration
information shall be submitted at the time of renewal.
An annual registration fee, in an amount to be established by
resolution of the Town Board that shall be no greater than necessary
to defer the cost incurred by the Town in administering the provisions
of this chapter, shall be paid by the owner at the time of filing
a rental registration certificate for each rental unit being registered.
A.
Each owner is required to maintain rental units in a manner so as
to not violate the provisions of the Town Code or the Uniform Code,
and such owner remains liable for violations thereof regardless of
any contract or agreement with any third party regarding such rental
unit.
B.
The owner shall use reasonably prudent business practices to ensure
that the rental unit complies all applicable codes regarding fire,
building and safety, health and safety, and all other relevant laws.
C.
The owner shall limit overnight occupancy of the rental unit and
property 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 and property to a specific number of occupants not to
exceed twice the maximum number of overnight occupants. There shall
be no more than one vehicle per two occupants. The following chart
is provided as an example of how this section would be applied to
specific situations:
|
Number of Bedrooms
|
Total Overnight Occupants
|
Additional Daytime Occupants
|
Total Daytime Occupants
|
|---|---|---|---|
|
0 — Studio
|
2
|
2
|
4
|
|
1
|
4
|
4
|
8
|
|
2
|
6
|
6
|
12
|
|
3
|
8
|
8
|
16
|
|
4
|
10
|
10
|
20
|
|
5
|
12
|
12
|
24
|
|
6
|
14
|
14
|
28
|
|
7
|
16
|
16
|
32
|
D.
During the short-term residential rental, the owner, his or her agent,
and/or the local contact person designated by the owner shall be available
at all times for the purpose of responding to complaints regarding
the condition, operation, or conduct of occupants of the rental units
and must respond in a timely manner when notified that occupants are
violating laws regarding their occupancy in order to prevent reoccurrence.
Failure of the owner, his or her agent, and/or the local contact person
to respond to calls or complaints regarding the condition, operation,
or conduct of occupants of the rental unit in a timely and appropriate
manner is grounds for imposition of penalties as set forth in this
chapter. It is not intended that the owner, his or her agent, and/or
the local contact person act as a peace officer or place himself or
herself in a dangerous situation.
E.
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 any provision of the Town Code or any state law.
F.
For each short-term residential rental, prior to occupancy of a rental
unit, the owner or owner's agent shall obtain the name and address
of the responsible person. The owner or owner's agent shall maintain
this information for one year and have it readily available on request
of any officer of the Town responsible for the enforcement of this
chapter.
G.
The owner of the rental unit shall post a copy of the rental registration
certificate and a copy of this chapter of the Town Code in a conspicuous
place within the rental unit and shall provide each responsible person
with the following information prior to occupancy of the unit:
(1)
The name of the agent and local contact person, if any, and owner
of the unit with a telephone number at which that party can be reached
on a twenty-four-hour basis;
(2)
The maximum number of overnight occupants permitted to stay in each
rental unit, and maximum number of daytime occupants allowed in the
rental unit and on the property;
(3)
Notification that failure to conform to the occupancy requirements
of the rental unit is a violation of this chapter;
(4)
The trash pickup day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
(5)
Applicable rules and regulations pertaining to parking;
(6)
Applicable rules and regulations pertaining to dogs; and
(7)
Notification that the responsible person may be cited or fined by
the Town 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 any provision of this chapter.
H.
The Code Enforcement Officer shall have the authority to impose additional
standard conditions applicable to all rental units, as necessary,
to achieve the objectives of this law. A list of all such additional
standard conditions shall be maintained and on file in the office
of the Town Clerk.
All advertising, including advertising on reservation websites,
for a short-term residential rental shall include the following:
A.
The maximum number of overnight occupants permitted to stay in each
rental unit, and maximum number of daytime occupants allowed in the
rental unit and on the property;
B.
Notification that occupants and/or their guests are required to comply
with the Town Code; and
C.
Summary of the general rules of conduct, including statement that
the Town of Athens is a residential community and any unreasonable
noise or disturbances, disorderly conduct, or violations of the Town
Code will not be tolerated and may result in citation, fines, and/or
eviction from the rental unit.
A.
Criminal prosecution. Any person who uses, or allows the use of, property in violation of the provisions of this chapter may be issued an appearance ticket pursuant to Chapter 4 of the Town Code. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate and additional violation.
B.
Suspension or revocation of rental registration certificate. Upon
three violations in any twenty-four-month period, the Code Enforcement
Officer may suspend or revoke the rental registration certificate
for a rental unit. Suspension or revocation may, in the Code Enforcement
Officer's discretion, result in an owner being ineligible to
apply for a rental registration certificate for up to 12 months.
C.
Operating without valid rental registration certificate. Operating
a rental unit without a valid rental registration certificate is prohibited.
Evidence of operation may include guest testimony, either oral, written,
or on rental websites; rental agreements; receipts; advertising; or
any other evidence deemed relevant by the Code Enforcement Officer.
Operating without a valid rental registration certificate may, in
the Code Enforcement Officer's discretion, result in an owner
being ineligible to apply for such certificate for up to 12 months.
D.
Civil remedies. In the event an owner fails or refuses to correct
a violation under this chapter, the Town may commence a civil action,
request injunctive relief against the violation, and seek money damages
to compensate the Town for the costs it has and will incur because
of the violation including reasonable attorney's fees expended
by the Town.
E.
Other remedies. 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 Town to address any violation
of the Town Code or other public nuisance.
