[HISTORY: Adopted by the Annual Town Meeting of the Town
of Fairhaven 6-12-2021 by Art. 35A. Amendments noted where applicable.]
The purpose of this chapter is to provide for administration
and enforcement of the Fairhaven Short-Term Rental Properties Bylaw,
which provides for registration of short-term rental units in order
to protect the health, safety, and welfare of both the occupant(s)
of those rental housing units and the general public and to maintain
the quality of life in residential neighborhoods of the Town. Further,
this bylaw is intended to provide for the orderly operation of short-term
rentals within the Town and prevent negative impacts on neighborhood
character, housing availability, house prices, availability of long-term
rental units and impacts on infrastructure services such as sewer,
parking, access, fire codes, building code enforcement and snow removal.
These regulations are also intended to assist the Board of Health,
the Building Department and the Fire Department in the enforcement
of state and local health and safety laws and regulations related
to short-term rental units and to provide a method for correcting
violations when conditions require immediate attention in situations
associated with short-term rentals.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Commissioner of the Town of Fairhaven or his
designee.
A group of three or more detached dwellings, legally in existence
at the time of adoption of this chapter, located on a single lot,
which are customarily occupied on a seasonal basis.
Any building or area in a building used or intended for use
for human habitation, including, but not limited to, apartments, condominiums,
cottages, guesthouses, one-, two- or multiple-unit residential buildings/dwellings,
except those licensed under any state or local laws or regulations
other than those licensed under this chapter.
The use or possession of or the right to use or possess a
short-term rental of not more than 30 consecutive days.
Any individual residing overnight in a short-term rental.
Any person or entity operating a short-term rental.
A person who, on behalf of an operator of a short-term rental:
i) manages the operation or upkeep of a property offered for rent;
or ii) books reservations at a property offered for rent. An "operator's
agent" shall include, but not be limited to, a property manager, property
management company or real estate agent.
Any person, as defined immediately below, who alone or severally
with others has legal or equitable title or a beneficial interest
in any dwelling unit; a mortgagee in possession; or agent, trustee
or other person appointed by the courts.
An individual, partnership, trust or association, with or
without transferable shares, joint-stock company, a corporation which
is not publicly traded, society, club, firm, organization, institution,
estate, receiver, trustee, assignee, referee or any other person acting
in a fiduciary or representative capacity, whether appointed by a
court or otherwise, or any other combination of individuals, directly
or indirectly or through any agent, employee, stockholder, officer
or other person or any subsidiary whatsoever acting as a unit, including
a governmental unit other than the Town of Fairhaven or any of its
agencies.
A residential or mixed-use dwelling unit or any bedroom within a dwelling rented out through the use of advance reservations, for a fee, for a period of not more than 30 consecutive calendar days, excluding: cottage colonies, as defined herein; hotels licensed under MGL c. 140, § 6; motels licensed under MGL c. 140, § 32B; lodging establishments licensed under MGL c. 140, § 23 or; bed-and-breakfast establishments licensed under Chapter 198 of the Code of the Town of Fairhaven.
Registration is required. Short-term rentals shall only be allowed
in one- or two-family or multifamily dwelling units (excluding accessory
buildings).
A.
No owner shall rent, or offer to rent, any short-term rental prior
to registering with the Fairhaven Building Department. No tenant or
lessee of an owner shall let or sublet a short-term rental.
B.
Limits on total number of registrations within the Town shall be
64 active units or less, until December 31, 2022; thereafter not more
than 120 short-term rentals shall be allowed in the Town at any one
time.
C.
Compliance. A dwelling used as a short-term rental shall at all times be in compliance with the provisions of all state and local health and safety laws, bylaws and regulations, including, but not limited to, § 198-24, Noise, litter and smoke standards, § 198-23, Home occupations, the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, except as specifically set forth otherwise herein.
D.
Application required. The owner of the dwelling shall be required
to complete a Fairhaven short-term rental registration application
with the Fairhaven Building Department. The applicant shall also provide
proof each short-term rental is registered with the Massachusetts
Department of Revenue.
E.
Abutter notification. For an initial application to register a property
as a short-term rental, the applicant is required to send notification
informing abutters within 300 feet and provide proof to the Town of
the notification using one of the following methods: hand delivery;
certified mail, return receipt requested; certified mail. Proof of
abutter notification shall be included with the application.
F.
The Fairhaven Building Commissioner shall, in accordance with the
above subsections, issue a certificate of registration which shall
expire on the following December 31, provided that the certificate
may be renewed each year. The Building Commissioner will share the
list of short-term rentals with the Police and Fire Departments.
G.
Registration renewal. Short-term rental registrations shall be renewed
annually upon payment of the renewal fee.
H.
Fees. The fee for a short-term rental registration or a renewal of a registration shall be $200 and thereafter a schedule of fees for permits as authorized under Chapter 190 shall be as established and revised from time to time by the Board of Selectmen.
I.
Nontransferability. Short-term rental registrations shall be granted
solely to an owner and shall not be transferable or assigned to any
other person, legal entity, or address. The registration does not
run with the property; it shall be terminated upon sale or transfer
of the property for which the registration has been issued.
J.
Determination. Any person aggrieved by a determination made by the
Building Commissioner regarding a registration may file an appeal
for review to the Select Board for a hearing and redetermination.
The Town-issued registration number shall be included on any
listing offering the short-term rental for rent.
A.
An owner of a short-term rental shall provide the Fairhaven Building
Department with his/her current residential address and telephone
number upon application for a registration as well as a full and complete
list of persons (as defined above) who have a direct or indirect interest
in any property for which a short-term rental registration in the
Town of Fairhaven has been issued or for which a short-term rental
registration application is pending.
B.
If the owner is a corporation, the name, address, and telephone number
of the president and legal representative of the corporation shall
be provided. If the owner is a realty trust or partnership, the name,
address, and telephone number of the managing trustee or partner shall
be provided.
C.
The name and contact information of the operator must be provided,
along with the name and contact information of an operator's
agent, if different from the operator, who is able to respond in person
to any issues or emergencies that arise during occupancy within one
hour of contact by the Fairhaven Building Commissioner to complaints
regarding the condition or operation of the short-term rental. Contact
information must include a telephone number that is available 24 hours
per day, seven days a week to short-term rental occupants and the
above-stated public safety agencies. This contact information shall
be included in the application for a short-term rental registration
and shall be posted conspicuously within the rental unit.
The Town shall provide information to each registered operator
summarizing the regulations for short-term rentals. For each short-term
rental registration issued, this will include, but shall not be limited
to: the name and twenty-four-hour contact information of the operator
or operator's agent designated in the application, requirements
for trash removal, occupancy requirements, parking, and noise restrictions.
The operator shall:
A.
Trash removal. The short-term rental operator shall be responsible
for ensuring that household trash is removed from the premises immediately
after occupancy is concluded or once per week, whichever is more frequent.
B.
Parking. On-site parking of one space per short-term rental bedroom.
C.
Renting for durations of less than 20 consecutive hours shall not
be permitted.
D.
Commercial meetings and uses are prohibited in short-term rentals.
E.
Each short-term rental shall contain functional smoke detectors and
carbon monoxide alarms. In addition, the operator shall provide and
maintain one two-and-one-half-pound multipurpose fire extinguisher
on each floor.
The maximum number of occupants in a short-term rental shall
be two per each bedroom, plus an additional two total.
The operator or operator's agent shall be responsible for
keeping a register containing the name of the occupant who is the
leaseholder, total number of occupants, and dates of occupancy. The
register shall be retained for a period of two years.
The following are not eligible to be rented or offered to rent
as short-term rentals:
A.
Dwellings designated as below market rate or income-restricted, that
are subject to affordability covenants, or that are otherwise subject
to housing or rental assistance under local, state, or federal law;
C.
Dwellings subject to any requirement of local, state, or federal
law that prohibits the leasing or subleasing of the unit or use of
the unit as a short-term rental;
D.
Dwellings that are the subject of any outstanding building, sanitary,
zoning, or fire code violations, orders of abatement, stop-work orders,
unsafe orders, or cease-and-desist orders.
The privilege of receiving or holding a short-term rental registration
is contingent upon the timely payment of municipal and district taxes,
fees, assessments, and charges. Failure of a person to comply with
this requirement shall be cause, after notice and hearing pursuant
to the requirements of MGL c. 40, § 57, for denial, suspension,
amendment, or revocation of a short-term rental registration for any
and all property in which the person holds a direct or indirect ownership
interest, as above defined.
Short-term rentals shall be subject to a mandatory initial inspection
and thereafter inspections every two years by the Fairhaven Building
Commissioner, Fire Department, Health Department or other duly authorized
authority from the Town.
A.
Complaint. A complaint alleging that a short-term rental is in violation
of this chapter or any applicable law, code or regulation may be filed
with the Fairhaven Building Commissioner. The complaint must contain
the short-term rental address, unit number, date and nature of alleged
violation(s), and name and contact information of complainant.
B.
Written notice of any violations of this chapter shall be treated
as a complaint and may also be initiated by the Building Commissioner.
The notice shall specify the nature of the violation to the occupant
and owner and the time within which compliance must be achieved. The
requirements of this subsection shall be satisfied by mailing such
notice, through the United States Postal Service by certified mail,
or by delivering in hand such notice as memorialized by an affidavit
of any Town employee or officer authorized to serve any form of process
notice to the owner or legal representative named on the registration
application.
C.
Any notice required or contemplated by this chapter shall be deemed
sufficient if delivered to or mailed to the mailing address listed
by the owner on the short-term rental registration application then
on file with the Fairhaven Building Department. A written change of
address notice signed by the owner/s and delivered to the Fairhaven
Building Department may be filed at any time.
D.
Review of complaint. The Building Commissioner shall investigate
complaint(s) within a reasonable time frame and shall determine whether
there may be a violation. If the alleged violation is under the jurisdiction
of another city or state or federal agency, the Commissioner shall
refer the complaint to such agency for further action. Upon a finding
of a potential violation, the Commissioner or designee shall serve
notice of the violation upon the owner of the short-term rental. The
Building Commissioner shall keep records of all complaints received
and determinations made.
E.
Offering an ineligible unit as a short-term rental. Any person who
offers a unit as a short-term rental, where such unit is not an eligible
dwelling unit or is not registered, may be fined in accordance with
the fine schedule herein on a per violation per day basis. Each day's
failure to comply with a notice of violation or any other order shall
constitute a separate violation. The Commissioner or a designee may
also seek an injunction from a court of competent jurisdiction prohibiting
the offering of the unit as a short-term rental.
F.
Failure to obtain a registration. Any person who offers an eligible
dwelling unit as a short-term rental without a valid short-term rental
registration, or any person who offers an eligible dwelling unit as
a short-term rental while the unit's registration is suspended,
may be fined in accordance with the fine schedule herein on a per
violation per day basis. Each day's failure to comply with a
notice of violation or any other order shall constitute a separate
violation.
G.
Failure to comply with notice of violation. Any person who fails
to comply with any notice of violation or other order issued pursuant
to this section by the Commissioner or a designee for a violation
of any provision of this section may be fined in accordance with the
fine schedule herein on a per violation per day basis. Each day's
failure to comply with a notice of violation or any other order shall
constitute a separate violation.
H.
Right to hearing. A person upon whom a notice of violation has been
served may request a hearing by filing a written petition requesting
a hearing on the matter with the Fairhaven Building Department within
14 days after the day the notice of violation was served. Upon receipt
of a petition for hearing, the Commissioner shall notify the complainant
of the place, date and time of the hearing. The hearing shall be conducted
by a Hearing Officer designated as such by the Town Administrator
and shall occur no later than three weeks after the date the Fairhaven
Building Department receives the petition for hearing. The time period
in which violations must be remedied shall be stayed upon receipt
of the petition for a hearing until such time as the hearing is held
and the Hearing Officer has issued a decision.
I.
Decision. Within seven days after the conclusion of the hearing,
the Commissioner or designee shall sustain, modify, or withdraw the
notice of violation and shall inform the person upon whom a notice
of violation has been served, in writing, of its decision and the
reasons therefor. If the Fairhaven Building Department sustains or
modifies the notice of violation, said violation shall be remedied
within the time period allotted as issued or in the modification.
J.
Violations of an unoccupied dwelling shall be corrected prior to
occupancy. Violations found in an occupied dwelling shall be corrected
within the time specified as determined by the Building Commissioner.
K.
If a written petition for a hearing is not filed within 14 days after
the notice of violation has been served, or if, after a hearing, the
notice of violation has been sustained in any part, each day's
failure to comply with the notice of violation within the time allotted
as issued or modified shall constitute a separate violation.
In addition to, and not in lieu of, the penalties that may be
assessed pursuant to this chapter, the Fairhaven Building Commissioner,
after notice and public hearing, may suspend, revoke or modify any
or all registration approvals issued hereunder to an owner for violation
of these regulations or of any conditions imposed by the Fairhaven
Building Commissioner, notwithstanding that a violation may have been
found with respect to one or more, but not all, of the registered
properties held by an owner. These remedies shall be nonexclusive.
Any person aggrieved by a final decision of the Hearing Officer
and Fairhaven Building Commissioner with respect to a notice of violation
or any other order issued under this section may seek relief therefrom
in any court of competent jurisdiction.
If any occupant, operator or owner violates any provision of
this chapter, the owner may be subject to a fine in accordance with
the following: $150, first offense; $300, second offense and each
subsequent offense. Each day that a violation exists constitutes a
separate offense.
The Town may enforce the provisions of this chapter by any or
all of the following: the noncriminal disposition process of MGL c.
40, § 21D; by seeking to restrain a violation by injunction;
and by filing a complaint in any court of competent jurisdiction.
The Fairhaven Building Commissioner may adopt regulations, policies
and procedures for the implementation of this chapter.
Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect. In the event of a conflict between this chapter and any other chapter of the General Code of Fairhaven, this Chapter 190 shall control.
The Town Administrator shall publish annually in the Town of
Fairhaven Annual Report on the statistical data relating to short-term
rentals.
Short-term rentals subject to the provisions of this bylaw are
subject to the room occupancy excise under MGL c. 64G and short-term
rental community impact surcharge.
