[HISTORY: Adopted by the Town Board of the Town of Fallsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-27-2020 by L.L. No. 11-2020[1]]
[1]
Editor's Note: This local law was originally adopted as Ch. 179 but was renumbered in order to maintain the alphabetical organization of the Table of Contents.
It is the general purpose and intent of this article to establish a permitting process for short-term residential rentals to protect the general health, safety, and welfare of the residents of the Town of Fallsburg, and provide a means to enable the Town to monitor such rentals.
As used in this article, the following terms shall have the meanings indicated:
SHORT-TERM RESIDENTIAL RENTALS
Properties used as short-term transient rentals, under 30 days, unoccupied by owner or occupied by both owner and a transient guest.
TRANSIENT
To remain in a place for only a short time, typically less than 30 days. It shall also mean a person who stays there for a short time, such as a hotel guest or a resident of a short-term residential rental.
In order to obtain a permit for a short-term residential rental, a property owner shall first request an inspection from the Office of Code Enforcement. An annual fee for such inspections and permits shall be set by the Town Board. No property owner shall be permitted to rent to a transient without first obtaining such permit. The rental registry year is January 1 to December 31.
All short-term residential properties must provide on-site parking; street parking shall not be permitted. A 911 location sign shall be posted clearly at the end of the driveway; no advertising signs are permitted for the use on the premises.
A. 
Records must be maintained, including dates of rental and number of guests. Such records shall be made available upon request to the Code Enforcement Officer.
B. 
Short-term rentals shall not generate unreasonable noise, vibration, glare, odors, or other impacts that unreasonably interfere with any person's own enjoyment of his or her residence.
C. 
All short-term rental properties shall clearly delineate property boundaries.
D. 
Within each short-term rental there shall be a conspicuously posted list with emergency information so that the transient guests can readily locate the owner's telephone number and other emergency contact information.
E. 
Proof of appropriate insurance coverage for this use shall be required as part of the permitting process.
F. 
After obtaining the permit, the owner shall send a copy of the permit to all property owners within 300 feet of the property lines, along with a copy of this article, and the owner and/or property manager's contact information, including telephone number and email address, at a minimum.
G. 
Operational fire extinguishers shall be located in the kitchen and in each bedroom.
H. 
In the event of an incident/violation at the property, the owner/manager must respond to the Building Department/Police Department call within two hours of the initial call or inspection.
I. 
All garbage must be properly disposed of and must be placed in garbage cans with lids per the Town of Fallsburg Code.
A violation of this article is an offense punishable by a fine of not more than $250 per day or 15 days' imprisonment, or both, for each violation. Each day that a violation is permitted shall constitute a separate offense or a continuing violation. After the first violation has been adjudicated, a second violation of this article is considered an offense punishable by a fine of not more than $500 per day or 15 days' imprisonment, or both. In addition to the penalties hereinbefore set forth, the Town may bring action in the Supreme Court, for an injunction to restrain the continuance of such violation, against the owner or any other person who shall knowingly violate any of the applicable provisions of this article, any other provision of this Code, the most current ICC Code or New York State Code, whichever is pertinent, and the New York State supplements and subsequent updates, the State Sanitary Code or any other lawful order. Failure to register will constitute an immediate inspection of the property and may constitute an issuance of an order to vacate the occupants of the dwelling.
Enforcement of this Town law is the duty of the Code Enforcement Officer, who shall have the right of entry to determine compliance with the terms of this article and the terms of the permit. The Code Enforcement Officer may, after a hearing before the Town Board and a recommendation therefrom, revoke the short-term rental permit, if the premises is found to be in material breach of the terms and conditions of the permit.