[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 1-13-2020 by L.L. No. 1-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- TRANSIENT RENTAL PROPERTY
- 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 of less than 28 nights. For the purposes of this article, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 28 nights and shall not include:
- A. Properties used exclusively for nonresidential commercial purposes in any zoning district; or
- B. Any legally operating hotel/motel business operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.
There shall be a presumption of dwelling unit as transient rental property shall exist if the following is found to exist:
The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property:
The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Official that the dwelling unit is not a transient rental property.
No dwelling unit, whether single-family, multidwelling or mixed residential use, shall be used or occupied as a transient rental property. No rental permit shall be issued for the use of any property within the Village as transient rental property.
Any person, association, firm or corporation who or which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:
By a fine of not less than $1,000 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
For any second conviction, committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both.
For any third conviction, committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both.
For any fourth or subsequent offense, after having been convicted three or more times within a period of 10 years, such violation shall be prosecuted as an unclassified misdemeanor, with a minimum fine of $10,000 and a maximum fine of $30,000 and/or a maximum period of incarceration of one year.