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:
CLERK
The Town Clerk of the Town of West Seneca.
DAY
Calendar day, including Saturday, Sunday, and holidays.
OWNER
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.
PERSON
Any individual, group, organization, corporation, company,
entity, charitable organization, partnership or similar association.
PROPERTY
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.
RENTAL
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.
RESIDENT
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.
SERVICES
Work, labor, or services, whether bartered or not.
SHORT-TERM RENTAL
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.
SHORT-TERM RENTAL UNIT
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
Town Board of the Town of West Seneca, or its designee.
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.
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.
This part shall become effective upon filing with the Secretary
of State.