[Adopted 2-13-2023 by L.L. No. 2-2023]
This part is not intended to in any way to hinder, delay or
interfere with legitimate business or organizational activities. The
purpose of this part is to not only control the use of short-term
rentals as a means of concealing unlawful and/or unruly activities,
but also to eliminate disturbances and negative effects of transient
individuals on adjoining properties. Many residents live in single-family
homes and wherever there is a source of nuisance or even harassment
from individuals and groups who are not their neighbors should be
subject to control. Businesses in the community have also been affected
through unfair competition, littering, loitering, and a loss of parking
and business to entities that are not properly registered in the Town
and required to maintain the same health and safety requirements of
those businesses that provide valuable tax revenue for the locality.
Therefore, in order to protect the public's health, safety, and
welfare, and to control access on the public thoroughfares and activities
that will affect residential neighborhoods, it is necessary to regulate
these practices through a registration process.
As used in this part, the following terms shall have the meanings
indicated:
The Town Clerk of the Town of West Seneca.
Calendar day, including Saturday, Sunday, and holidays.
A person who is the titled owner of a piece of real property
or the owner of a mobile home located within a mobile home park in
the Town of West Seneca.
Any individual, group, organization, corporation, company,
entity, charitable organization, partnership or similar association.
Any real property or mobile home situated on real property,
whether as a rental unit or not, located within the corporate limits
of the Town of West Seneca.
An agreement granting use and/or possession of a residence,
in whole or in part, to a person or group in exchange for consideration
valued in money, goods, barter, labor, services, credits or other
valuable consideration.
Individual(s) living in the Town of West Seneca for more
than six months and a day out of a twelve-month period calculated
from the first day of the calendar year.
Work, labor, or services, whether bartered or not.
A dwelling unit that is rented, in whole or in part, to any
person or entity for a period of less than 30 consecutive days and
is not otherwise regulated by another section of the Code of the Town
of West Seneca.
A dwelling or other structure, including, but not limited
to, an accessory structure, residence, commercial and/or industrial
building that is used for sleeping purposes, in any form whatsoever,
not occupied by the owner of the real property that is subject to
a rental, barter, and/or exchange, in whole or in part, for a period
of less than 30 consecutive calendar days as defined above.
Town Board of the Town of West Seneca, or its designee.
A.
It shall be unlawful for any person and/or owner to use any property
within the Town for purposes of a short-term rental without first
obtaining a permit from the Clerk after inspection and approval by
the Code Enforcement Officer.
B.
It shall be unlawful for any person and/or owner to not display a
permit or certificate of registration obtained from the Clerk on the
property.
C.
It shall be unlawful for any person and/or owner to permit any individual
or group using such short-term rental property from engaging in illegal
or other activities which a reasonable individual would consider to
be disruptive to adjoining residences or the neighborhood.
D.
It shall be unlawful for any person and/or owner to permit parking
in any area other than a driveway or designated parking area as determined
by the Code Enforcement Officer.
A.
Use by owner. Use of a short-term rental by a record owner of a property
for personal use by such owner shall not be considered a rental under
this part.
B.
Permit required. An owner shall obtain a permit whenever a dwelling
unit is used for purposes of a short-term rental.
C.
Unless otherwise provided, all licenses or permits required by the
ordinances or local laws of the Town of West Seneca shall be issued
by the Town Clerk who shall collect the fees therefor.
D.
Application.
(1)
Applications for a permit or certificate of registration shall contain
the following information:
(a)
Name, address, telephone number, and electronic mail address
of the person to be conducting the rental sale or other activity;
(b)
The name, telephone number, electronic mail address, and address
of the business or organization for which the permit or certificate
of registration is sought, or if acting as an agent, the name, address,
electronic mail address, and telephone number of the principal who
is being represented, with credentials in written form establishing
the relationship and the authority of the employee or agent to act
for the employer or principal, as the case may be;
(c)
The name, address, telephone number, cellular number, and email
of any individual who shall be authorized to act on the owners behalf
to promptly rectify and remedy any violations of the standards related
to the permit;
(d)
A copy of the survey with respect to such property;
(e)
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details
thereof;
(f)
Proof of insurance on the premises;
(g)
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the licensing requirements
of this part; and
(h)
Such other information as may reasonably be required by the
Town Board as a condition to registration or permitting or to permit
investigation into the applicant's background and past practices.
(2)
The application shall be signed by the applicant and all owners of
the real property and shall be accompanied by the fees established
in the Town's fee schedule, as amended by the Town Board from
time to time.
(3)
All applications shall be made at least 30 days prior to conducting
any activities requiring a permit.
(4)
In the event of an existing short-term rental operation as of the
date of this part, the owner and/or operator of the rental facility
shall apply for a permit within 30 days of the effective date of this
part. Such rentals may continue pending a determination by the Town.
E.
Smoke detectors. There shall be one functional smoke detector in
each sleeping room and at least one functioning smoke detector in
a least one other room in addition to a functioning fire extinguisher
in the kitchen and at each exit and at least one carbon monoxide detector.
F.
Inspection. The Code Enforcement Officer shall undertake an inspection
prior to the issuance of any permit. Such inspection shall include,
but not be limited to, the following requirements which must be maintained
at all times by the owner and applicant. In the event that the Code
Enforcement Officer determines that the necessary requirements have
not been met or that the application is incomplete or inaccurate,
the Code Enforcement Officer shall have the authority to request additional
or corrected information and no permit will be issued until such information
is received and reviewed within 10 days by the Code Enforcement Officer.
(1)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(2)
Electrical systems shall be serviceable with no visual defects or
unsafe conditions.
(3)
All fireplaces, fireplace inserts, wood stoves, or other burning
heaters and furnaces shall be vented and properly installed.
(4)
Each sleeping room shall have an exterior exit that opens directly
to the outside or to an emergency escape or rescue window.
(5)
The house number must be affixed and readily viewable from the street.
(6)
Provisions for garbage collection, retention, and removal by the
owner must be provided in conformance with the regular Town collection
rules and regulations.
G.
A site plan, drawn to scale, showing all bedrooms, kitchen, the locations
of any buildings, and required parking shall be included with the
application.
H.
The property must have sufficient off-street parking spaces for the
owner, if owner-occupied, and any guests.
I.
In the event that the owners do not reside in the residence or otherwise
be within the geographical limits of the Town of West Seneca at the
time that the property is used for a short-term rental, the owner
shall provide local (i.e., County of Erie) contact information (i.e.,
name, address, electronic mailing address, telephone number, cellular
number) of all individuals with the authority to handle any issues
and/or concerns which may arise in their absence.
A.
The Code Enforcement Officer may conduct such background checks as
may be deemed necessary and prudent. The following shall be grounds
for denying a permit:
(1)
Failure of an applicant to truthfully provide any information requested
by the Town as part of the application process.
(2)
Failure of the applicant to pay any required fee.
(3)
When an applicant has a bad business reputation. Evidence of a bad
business reputation may include prior revocations of any permit or
license, prior convictions for violation of any federal or state law
or regulation or of any local ordinance, which adversely reflects
upon the person's ability to conduct the business or other operation/activity
for which the permit is being sought, or prior complaints with the
Town, Better Business Bureau, State Attorney General, or other similar
business or consumer rights office.
(4)
The applicant has been convicted of a felony, misdemeanor, or local
law violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property, such conviction being
entered within the five years preceding the date of application.
(5)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
(6)
The applicant offers no proof of authority to serve as an agent.
(7)
The applicant has been denied a permit under this part within the
immediate past year, unless the applicant can and does show to the
satisfaction of the Town that the reasons for such earlier denial
no longer exist.
(8)
Such other legitimate reason as may be determined by the Town Board.
(9)
The Code Enforcement Officer may also impose such conditions on any
approval that shall be deemed reasonable and prudent by the Board.
B.
Refusal of license or permit; appeal. In the event that the Code
Enforcement Officer shall refuse to approve a license or permit, the
person who has been refused a license or permit may appeal to the
Town Board, which shall, upon a favorable majority vote, order the
Town Clerk to issue a license or permit to the applicant.
C.
Suspension of license or permit. Where any person, owner, other entity
for which a license is issued by the Town Clerk is or is about to
become a nuisance or menace to the peace, comfort and health of the
Town of West Seneca or its inhabitants, the Code Enforcement Officer
shall have the right to immediately suspend such license or permit
upon serving written notice to the holder of such license or permit
or upon any person in charge of such short-term rental, pending a
decision by the Town Board.
All permits and/or certificates issued under the provisions
of this part shall expire on December 31 of each year.
It shall be unlawful for any person to transfer the permit issued
to any other person. Notice of any property transfer shall be provided
to the Clerk. All permits shall immediately expire upon such property
transfer and the new owner and/or person must apply for a new license
and/or permit.
Any permit issued under this part may be revoked or suspended
by the Code Enforcement Officer, after notice and an opportunity to
be heard for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for a permit;
B.
Fraud, misrepresentation or false statement made by the permit holder
in the course of conducting rental activities;
C.
Conducting rental activities contrary to the provisions of the permit;
D.
Conviction for any crime involving a sex offense, trafficking and/or
sale in controlled substances, or any violent acts against persons
or property, illegal sale or possession of weapons; or
E.
Conducting rental activities in such a manner as to create a public
nuisance, constitute a breach of the peace or endanger the health,
safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this part shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be faxed, sent electronically, or mailed
to the permit holder at the address shown on the permit application
or at the last known address of the permit holder or by causing a
copy of such notice to be personally delivered the applicant. In either
case, the permit will be deemed revoked upon mailing or delivery of
such notice.
A.
Any person aggrieved by the action or decision of the Code Enforcement
Officer to deny, suspend or revoke a permit applied for under the
provisions of this part shall have the right to appeal such action
or decision to the Supervisor within 15 days after the notice of the
action or decision has been mailed to the person's address as
shown on the permit application form, or to his last known address.
B.
An appeal shall be taken by filing with the Clerk a written statement
setting forth the grounds for the appeal.
C.
The Clerk shall transmit the written statement to the Code Enforcement
Officer, Town Attorney, and the Supervisor within 10 days of its receipt
and the Supervisor shall set a time and place for a hearing on the
appeal.
D.
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement by the Supervisor.
E.
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the Supervisor on the appeal shall be final and binding.
Unless otherwise stated, all license fees shall be paid to the
Town Clerk, and all licenses shall be issued yearly and shall expire
on the last day of the December. The fees for licenses and permits
shall be determined by resolution of the Town Board of the Town of
West Seneca at its organizational meeting.
No license or permit shall be assigned without the consent of
the Town Board.
All licenses or permits issued by the Town of West Seneca shall
be posted in a conspicuous place in the building licensed or in the
place where the business licensed is carried on. All other licenses
or permits shall be kept in a convenient place where they can be readily
produced upon demand by the Clerk, the Town Board or persons duly
authorized to demand the same.
No permit or certificate of registration shall be transferred
to any other person other than the person to whom it was issued. Each
individual person conducting activities for any organization must
obtain a separate permit or certificate of registration.
A.
Any person violating any of the provisions of this part shall, upon
conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250
per day or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment.
B.
The continuation of an offense under this part shall constitute,
for each day the offense continues, a separate and distinct violation
hereunder.
C.
In addition to any criminal enforcement, the municipality or any
individual may pursue any available civil remedies deemed appropriate
and necessary.
This part shall become effective upon filing with the Secretary
of State.
