[HISTORY: Adopted by the Board of Trustees of the Village
of Woodbury 7-13-2023 by L.L. No. 10-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meaning indicated:
Any natural person owning real property who does not reside
on the rental property and/or who resides outside the designated boundaries
of Orange County as those boundaries may defined at the time of regular,
periodic property registration. All absentee landlords must be natural
persons and not corporations, limited liability companies or other
similar entities.
Any single residential living unit which is capable of housing
one separate household, whether a detached single-family structure
or building or part of a multihousehold structure or building.
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any natural person owning real property or resident agent
who offers a housing unit for occupancy to persons other than members
of his immediate family in exchange for a fee or compensation, whether
monetary or otherwise. All landlords must be natural persons and not
corporations, limited liability companies or other similar entities.
A natural person designated by a landlord or absentee landlord
who resides within the designated boundaries of Orange County as defined
at the time of periodic property registration. All resident agents
must be natural persons and not corporations, limited liability companies
or other similar entities. A resident agent must be able to respond
to the short-term rental within one hour of notification by the Village.
Any or all portions of a single-family dwelling rented for compensation in exchange for lodging for a period of not more than 30 consecutive days. For the purpose of this chapter, the term "short-term rental" shall not include a use within the definitions of "bed-and-breakfast," "hotel," or "motel" as commonly defined, or as defined in Chapter 310 (Zoning).
Any deficiency in a structure or housing unit that does not meet the standards of Chapter 96 (Building Construction), as amended.
A.
The presence of the following shall create a presumption that all
or a part of a property is being used as a short-term rental:
(1)
All or a part of the property is offered for lease on a short-term
rental website, including but not limited to Airbnb, Home Away and
VRBO, for a rental period of less than 31 days; and/or
(2)
All or a part of the property is offered for lease for a period of
31 days or less through any form of advertising.
B.
The foregoing presumptions may be rebutted by evidence presented
to the Code Enforcement Officer that the premises is not operated
as a short-term rental as defined above.
A.
A temporary short-term rental permit may be granted for a short-term
rental in accordance with this chapter (hereinafter referred to as
the "permit" or "short-term rental permit"). In the event the property
is either sold or otherwise transferred, the permit will become null
and void. Upon the transfer of ownership of a property that is subject
to a short-term rental permit, the new owner of the premises subject
to a short-term rental permit must file a new permit application in
order to continue to operate as a short-term rental.
B.
Owners shall not use their property as a short-term rental without
obtaining a revocable short-term rental permit.
C.
All landlords and resident agents must register and obtain a permit
from the Village of Woodbury within 30 days of the effective date
of this chapter and/or before any housing or dwelling unit is utilized
as a short-term rental. Initial registration will begin within 30
days after this chapter becomes effective. It is the responsibility
of the landlord or resident agent to register any short-term rental
as required by this chapter, and failure to do so shall constitute
a violation of these regulations and is subject to the penalties set
forth herein. All absentee landlords must have a resident agent for
all short-term rentals. Any substandard condition identified during
an inspection must be corrected by the landlord before a permit may
be issued.
D.
A short-term rental permit shall be valid for one year, unless sooner
revoked, and must be renewed 30 days prior to expiration of current
permit if the premises is to continue to operate as a short-term rental.
E.
It shall be unlawful for any person, landlord or absentee landlord
to rent or offer to rent a short-term rental within the Village of
Woodbury without first registering the property and obtaining a short-term
rental permit.
F.
It shall be unlawful for any person, landlord or absentee landlord
to rent or offer to rent any portion of a residential lot or use accessory
thereto, including but not limited to pools, yards, tents, driveways,
or backyards, without also renting the exclusive right of occupancy
for the principal dwelling located on the lot pursuant to this chapter.
G.
No short-term rental contract shall be for a term of less than 24
hours.
A.
Applications for a short-term rental permit may be obtained from
the Village of Woodbury Code Enforcement Officer. Short-term rental
permit applications shall be submitted to the Code Enforcement Officer,
accompanied by payment of a nonrefundable permit fee in an amount
established from time to time by resolution of the Board of Trustees.
The application shall include the following:
(1)
The signatures of all owners and their designated resident agent(s).
(2)
A statement authorizing the Code Enforcement Officer to inspect the
property to ensure compliance with all requirements and standards
contained within this chapter.
(3)
An acknowledgement of present and ongoing compliance with the short-term
rental standards as defined in this chapter, including, but not limited
to, the demonstration of adequate off-road parking spaces for the
proposed short-term rental.
(4)
A list of each property owner and the name of any resident agent
managing the property, including names, addresses, telephone numbers
and email addresses of each.
(5)
The name, address, telephone number and email address of any resident
agent who shall be responsible and authorized to act on the owners'
behalf to promptly remedy any violation of the standards outlined
in this section.
(6)
Plot plan.
(a)
As determined by the Code Enforcement Officer, an accurate suitable
plot plan of the property and floor plan for each level of the dwelling
that can be occupied measuring at least 8.5 inches by 11 inches, drawn
to scale and certified by the applicant. The plans do not need to
be prepared by a professional, but must include the following:
[1]
The location of buildings and required parking.
[2]
The location of the water/sewer and gas line shutoffs (i.e.,
all utility shut offs.)
[3]
Basement: location of house utilities and all rooms including
bedrooms, windows, exits and any heating/cooling units.
[4]
First floor: all rooms including bedrooms, windows, exits and
any heating/cooling units.
[5]
Second floor: all rooms including bedrooms, windows, exits and
any heating/cooling units.
[6]
Attic (if present): all rooms including bedrooms, windows, exits
and any heating/cooling units.
(b)
Upon inspection, and as shown on the floor plan, the bedroom
count must comply with what is on file in the Building Department
for the number of bedrooms permitted within the dwelling.
(7)
A statement that none of the owners of the subject property have
had a short-term rental permit revoked within the previous year for
any rental properties owned individually or together with others.
B.
All completed applications are subject to a plot plan floor plan
review and approval by the Code Enforcement Officer.
C.
Owners wishing to apply for a variance relating to maximum occupancy/capacity, parking capacity, or other standards stated below must apply to the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with § 310-49 and Chapter A316 of the Village Code.
A.
Property requirements. The operation of a short-term rental property
is a privilege and not a right.
(1)
Only single-family detached dwellings may be used as short-term rental
property. Short-term rental of two-family dwellings or any other property
is not permitted. For lots containing more than one structure utilized
as dwellings, one structure may be permitted as a short-term rental,
where the other structure is the permanent residence of the permit
holder occupied on a nontransient/permanent basis.
(2)
Property must comply with and meet all current NYS Uniform Building
Codes, including all requirements for rental properties, and all Village
of Woodbury Zoning Code regulations.
(3)
Fire safety. An initial inspection to ensure compliance with the
Residential and Fire Codes of New York State shall be required prior
to issuance of a short-term rental permit, and a follow-up inspection
shall be required annually. Inspection fees shall be set from time
to time, according to a fee schedule adopted by the Board of Trustees
and noted in a schedule to be maintained by the Town Clerk. In addition
to any requirements of the Residential and Fire Codes of New York
State, the following standards shall be met:
(a)
There shall be at least one working hard-wired smoke detector
in each sleeping room and one additional hard-wired smoke detector
on each floor. Carbon monoxide detectors shall be installed as required
by the New York State Uniform Fire Prevention and Building Code.
(b)
Evacuation procedures must be posted in each sleeping room to
be followed in the event of a fire or smoke condition or upon activation
of a fire or smoke-detecting or other alarm device.
(c)
There shall be an ABC fire extinguisher on each floor and in
the kitchen, and within 10 feet of any fireplace, fire pit, outdoor
fire feature or outdoor grill. Fire extinguishers shall be inspected
prior to a renter occupying the property and no less than monthly
by the permit holder(s) to ensure each contains a full charge. A record
of the date inspected initialed by the permit holder shall be maintained
and made available to the Code Enforcement Officer upon request.
(d)
The Fire Inspector shall verify that adequate access is afforded
to the property for emergency vehicles.
(4)
The house number shall be located both at the road and on the dwelling
unit so that the house number is clearly visible from both the road
and the driveway.
(5)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(6)
Electrical systems shall be in good operating condition, labeled,
unobstructed and shall be visible for the Code Enforcement Officer
during the permitting process. Any defects found shall be corrected
prior to permit issuance.
(7)
All fireplaces shall comply with all applicable laws and regulations.
(8)
The property must have a minimum of one off-road parking space for
every bedroom shown on the floor plan included with the application.
If a camper or trailer is located on-site, that shall be considered
a vehicle for this type of use, requiring and using one or more off-road
parking spaces. The camper shall not be occupied. Vehicles shall be
parked in the designated on-site parking areas and shall not be parked
on the street.
(9)
Maximum occupancy for each short-term rental unit shall not exceed
what is permitted by all current NYS Uniform Building Codes. In no
case shall the maximum occupancy of a short-term rental unit exceed
12 people, including permanent residents and renters. Any visitors
to the property shall be included in the occupancy restrictions, regardless
of whether they are overnight guests.
(10)
No events, such as but not limited to weddings, parties or concerts,
are permitted in or on a short-term rental property.
(11)
No guests other than those contracting for and residing in the
short-term rental property are permitted on the premises overnight.
(12)
In the event that the property has a septic system, the maximum
occupancy shall be defined by the capabilities of the septic system,
but in no event shall the maximum occupancy for any short-term rental
unit exceed 12 people total. For purposes of septic system design
that meets New York State Department of Health Design Standards, a
maximum occupancy of two persons per recorded bedroom count in the
Building Department records shall be utilized.
(13)
A septic system at the property must meet all state requirements.
(14)
The septic system must have been pumped within the last four
years and proof of pumping and satisfactory inspection by a qualified
septic disposal firm shall be available to the Code Enforcement Officer.
Once a short-term rental permit is issued, the septic system must
be pumped at least once every year.
(15)
The water supply to the property must meet all state requirements.
Individual well supply owners shall submit proof of water quality
testing meeting standards for individual water supply wells set forth
by the New York State Department of Health to the Code Enforcement
Officer. Once a short-term rental permit is issued, the water quality
shall be tested, and a report provided to the Code Enforcement Officer
at least once every four years.
(16)
No signage identifying the short-term rental shall be permitted.
(17)
Lighting specifications shall be provided to the Code Enforcement
Officer, and must be limited to 0.1 footcandle at the property line
so no off-site glare will result. The fixtures shall meet IDA, LEED
or Green Globes criteria for Nighttime Friendly or Dark Sky lighting.
Any wall pack fixtures shall include nonglare shields.
B.
Insurance standards. All applicants and permit holders must provide
evidence of property insurance and a certificate of liability insurance
indicating the premises is rated as a short-term rental and maintain
such insurance throughout the term of the short-term rental permit,
with limits in an amount of no less than $1,000,000.
C.
Provisions shall be made for weekly garbage removal during rental
periods. Garbage containers shall be secured with tight-fitting covers
at all times to prevent leakage, spilling or odors, and placed where
they are not clearly visible from the road except at approximate pick-up
time.
D.
Remote digital monitoring of occupancy. Where a short-term rental
is rented or intended to be rented for transient occupancy during
periods when the manager is not residing on-site, the site shall be
digitally monitored by the resident agency, landlord or absentee landlord
to ensure compliance with the maximum number of allowable guests and
visitors entering the premises, and to provide evidence to the Building
Inspector of such compliance should he or she need to investigate
complaints. Digital monitoring shall include outdoor cameras adequate
in number, location and view angle to monitor arrivals and departures
at the property. Digital video recordings shall be taken during times
when the property is rented and kept for a minimum of 30 days, and
copies shall be provided to the Building Inspector upon request. Notice
of locations and purpose of cameras shall be provided to renters as
well as disclosure of audio recording, if any.
E.
Rental contract: All applicants and permit holders must have a rental
contract, which includes the following:
(1)
Maximum property occupancy;
(2)
Maximum on-site parking provided; and
(3)
Good neighbor statement providing renters and guests with pertinent
information including the following:
(a)
The short-term rental is in a residential area in the Village
of Woodbury and that renters and their guests should be considerate
of the residents in neighboring homes;
(b)
Renters are requested to observe quiet hours from 9:00 p.m. through 8:00 a.m. Sunday evening through Friday morning, and 10:00 p.m. to 9:00 a.m. Friday evening through Sunday morning, during which time the noise from the short-term rental shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during nonquiet hours shall not be more excessive than would be otherwise associated with a residential area. Renters and their guests or their invitees shall not engage in any conduct which violates Chapter 208 (Noise) of the Village Code, or which would otherwise constitute disorderly conduct to or creation of a public nuisance, including but not limited to the playing of music or movies that can be heard from the property line;
(c)
All renters will be subject to New York Penal Law § 240.20
or any successor statute regarding disorderly conduct;
(d)
Littering is illegal;
(e)
Renters and their guests or invitees shall not block or otherwise
impede ingress or egress over the street on which the short-term rental
property is located and/or to or from any driveways of other property;
(f)
Vehicles shall be parked in the designated on-site parking areas
and shall not be parked on the street; and
(g)
Small recreational campfires must be attended personally at
all times.
(4)
Notice of locations and purpose of cameras shall be provided to renters
as well as disclosure of audio recording, if any.
F.
Leaseholders and tenants may not engage in short-term rentals.
G.
Multiple permit eligibility. A landlord or absentee landlord may
hold no more than one short-term rental in the Village for a probationary
period of 36 months from first permit issuance unless they have been
a full-time resident and property owner in the Village for at least
three years. After the probationary period, a permit holder may apply
for one additional permit per year so long as there have been no revocations
or denials of renewal of any permits held by the permit holder within
the preceding 24 months. No more than two permits may be issued to
a landlord or absentee landlord.
H.
Private restrictions on short-term rentals. The applicant shall provide
with the application copies of any applicable homeowners' or
condominium association bylaws or rules and any other applicable private
conditions, covenants, or restrictions. If a proposed short-term rental
home property is subject to such conditions, covenants, or restrictions,
then correspondence from the association or other entity responsible
for their enforcement is required. The correspondence shall include
specific conditions that determine whether the proposed short-term
rental use is allowed. Upon receipt of an application, the Building
Inspector shall forward such correspondence to the Village Attorney,
who shall review the restrictions and advise the Building Inspector
on whether there are any legal restrictions preventing issuance of
the permit, in which case the Building Inspector shall deny the permit.
The Village of Woodbury shall not be bound by any private conditions,
covenants, or restrictions upon the subject parcel. Any private limitations
may be enforced against the property owner, landlord or absentee landlord
through appropriate civil action.
I.
Designated resident agent required. The resident agent for a short-term
rental shall be required to execute the following responsibilities:
(1)
Notify the Building Department of any designation of an individual
as the resident agent under this section, including a statement of
the resident agent's tenure, residential and business addresses,
and telephone numbers, and notify the Building Department of any change
in the resident agent's addresses or telephone numbers.
(2)
Be accessible to guests, neighbors, and Village or county agencies
at any time that the short-term rental is being leased. For purposes
of this section, "accessible" means being able to answer the telephone
at all times, being able to be physically present at the short-term
rental home within one hour following a request by a guest, a neighbor
within 300 feet, or a Town or county agency, and having an office
or residence within Orange County.
(3)
Ensure compliance with Orange County Department of Health regulations,
this chapter, permit conditions, and all other applicable laws and
regulations.
(4)
Enforce short-term rental policies.
(5)
Collect all rental fees.
A.
Short-term rental permit applications shall be filed with the Village
of Woodbury Building Department with all supporting documentations
and the nonrefundable permit fee. Only completed applications will
be accepted by the Village's Code Enforcement Officer. The Code
Enforcement Officer may decline to accept an application for consideration
for any of the following reasons:
B.
Upon receipt of a completed short-term rental permit application,
property owners within 300 feet of the short-term rental property
will be notified of the application by the Village of Woodbury via
first-class mail, with delivery confirmation notice. The cost of mailing
all notices shall be charged to the applicant.
C.
Upon the Code Enforcement Officer's acceptance of a complete
permit application, including all documents and information required
by this section and the permit fee, the Code Enforcement Officer shall
have 30 days to consider any comments received by adjacent property
owners of the proposed short-term rental, and to conduct a property
inspection to certify that all short-term rental requirements have
been met. No separate public hearing will be held.
D.
Upon approval of the short-term rental application by the Code Enforcement
Officer, a short-term rental permit will be issued. Short-term rental
permits issued pursuant to this section shall state the following:
(1)
The names, addresses and phone numbers of each person that has an
ownership interest in the short-term rental property.
(2)
The name, address and phone number of a primary contact person who
shall be available during the entire time the short-term rental property
is being rented.
(3)
The maximum occupancy and vehicle limits for the short-term rental
property.
(4)
Identification of the number of and location of parking spaces available.
(5)
Any conditions imposed by the Code Enforcement Officer and/or Zoning
Board of Appeals.
E.
Upon receipt of an application for the issuance of a permit for which
an objection has been received by the Code Enforcement Officer, the
Board of Trustees shall schedule a public hearing on the permit application
at a regularly scheduled Board of Trustees meeting, no less than 14
days and no more than 45 days from receipt of the objection. The Board
of Trustees shall require that the applicant mail notice of the hearing,
via first-class mail, with delivery confirmation notice. The cost
of mailing all notices shall be charged to the applicant. Proof of
the required mailings must be provided to the Village Clerk prior
to the public hearing.
(1)
In determining whether to authorize the permit to be issued, the
Board of Trustees shall consider the information in the application,
the testimony of the Building Inspector, the testimony of the application
and the testimony of any objecting neighbors and the applicant, and
shall authorize the permit where it finds the following standards
are met:
(a)
Adequate parking facilities are provided to meet the parking
requirement of four off-street parking spaces which are provided in
a manner that does not impact the residential character of the neighborhood.
(b)
If new construction or expansion is proposed, the size of the
structure proposed for this use is generally consistent with residences
located within 500 feet, or it is so situated to not be seen as inconsistent
with the appearance of other area residences as viewed from any public
street or public park.
(c)
The structure and lot are conforming to the requirements of Chapter 310 (Zoning) or have received variances for any nonconformances and the lot and structure are not considered existing nonconforming uses or buildings.
(d)
Adjoining residences and their yards are generally afforded
a reasonable degree of privacy from view by occupants of the proposed
vacation residence or partial vacation residence by the imposition
of landscaping and privacy fencing.
(e)
The number of permitted short-term rentals surrounding the proposed
property are not excessive in number so as to result in adverse character
impacts to principal residences in the neighborhood.
(2)
The Board of Trustees may impose such reasonable conditions as are
necessary to ensure that the intent of this chapter and the standards
contained herein are met.
A.
Short-term rental permits are subject to continued compliance with
the requirements of these regulations.
B.
Whenever necessary to make an inspection, to enforce any provision
of this chapter, or whenever there is reasonable cause to believe
that there exists a violation of this Code in any building or upon
any premises within the jurisdiction of the Village operating as a
short-term rental or with a permit to operate as a short-term rental,
any authorized official of Building Department (i.e., Code Enforcement
Inspector, Fire Inspector, etc.) may enter such building or premises
to inspect the same or to perform any duty imposed upon him/her by
this chapter; provided that, except in emergency situations, such
official shall first give the owner and/or occupant, if either can
be located after reasonable effort, reasonable notice of the authorized
official's intention to inspect.
C.
The short-term rental permit, maximum occupancy limit, maximum parking,
contact form and standards shall be prominently displayed inside and
near the front entrance of the short-term rental.
D.
The short-term rental permit holder shall ensure that current and
accurate information is provided to the Code Enforcement Officer and
shall notify the Code Enforcement Officer immediately of any change
in the information displayed on the permit. If, based on such changes,
the Code Enforcement Officer issues an amended short-term rental permit,
the owners must immediately post the amended permit inside and near
the front entrance of the short-term rental.
E.
The short-term rental permit holder must conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
A.
An application fee for a short-term rental permit, in an amount established
by resolution of the Board of Trustees, listed in the schedule of
fees, shall be paid by the landlord or absentee landlord at the time
of application.
B.
A renewal fee for the renewal of a short-term rental permit, in an
amount established by resolution of the Board of Trustees, shall be
paid by the landlord or absentee landlord at the time of application
for renewal.
Substantive amendments to a permit, including but not limited to an increase in the number of bedrooms used for short-term rental purposes, shall be processed in the same manner as an initial, new application, but upon approval shall not be deemed to restart the probationary term described in § 255-5G.
A.
Violations of this chapter or of any short-term rental permit issued pursuant to this chapter shall constitute a municipal violation and will be subject to applicable penalties under this chapter, in addition to those imposed by any other applicable Code or law, including, without limitation, Chapter 96, Building Construction, and Chapter 240, Property Maintenance.
B.
If the Code Enforcement Officer either witnesses or receives a written
complaint of an alleged violation of this chapter or of any short-term
rental permit issued pursuant to this chapter, the Code Enforcement
Officer shall record such complaint, investigate and issue a report
thereon.
C.
In the event of a complaint received by the Village, the property
is subject to inspection by the Code Enforcement Official within 24
hours, and any rental tenant must not interfere with the inspection.
Should a rental tenant interfere with the inspection, it will be considered
a violation of this chapter.
D.
If the Code Enforcement Officer determines there is a violation of
this chapter or of the Village Code, the owner shall be notified of
said violations in writing by first-class mail and certified return
receipt mail and the Code Enforcement Officer may take any or all
of the following actions:
(1)
Attach conditions to the existing short-term rental permit.
(2)
Suspend the short-term rental permit. The notice of suspension shall
be provided to the property owner and a copy filed with the Village
Clerk.
(3)
Require corrective action that remedies the violation(s). The corrective
action must be completed and approved within 30 days of notice from
the Code Enforcement Officer or the owner risks revocation of the
short-term rental permit.
(4)
Issue a court appearance ticket for violation of a Village law.
(5)
Revoke the short-term rental permit. Should a permit be revoked,
all owners of the short-term rental are prohibited from obtaining
a short-term rental permit on the property for one year after the
date of revocation. The Code Enforcement Officer shall send notices
of revocation to all property owners, and shall file a copy with the
Village Clerk.
E.
Penalties.
(1)
A violation of this chapter is an offense punishable by a fine not
exceeding $500 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense. Conviction of a second
offense, committed within five years of the first offense, is punishable
by a fine not less than $750 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Conviction of a third
or subsequent offense committed within a period of five years is punishable
by a fine of not less than $1,000 nor more than $1,500 or imprisonment
for a period not to exceed 15 days, or both. Each day's continued
violation shall constitute a separate additional violation. A violation
which creates an imminent hazard to health and safety shall be punishable
by the same fine as above, as well as by imprisonment for a period
not to exceed six months per violation.
(2)
In addition, any person who violates any provision of this chapter
or who fails to do any act required thereby shall, for each and every
such violation, pay a civil penalty of not more than $500. When a
violation of any of the provisions is continuous, each day thereof
shall constitute a separate and distinct violation subjecting the
offender to an additional penalty.
(3)
The imposition of penalties for any violation of this chapter shall
not excuse the violation nor permit it to continue. The application
of the above penalties or prosecution for a violation of any provision
of this chapter shall not prevent the abatement of a violation. The
expenses of the Village for enforcement, including legal fees, may
be chargeable (in addition to the criminal and civil penalties) to
the offender and may be recovered in a civil court of appropriate
jurisdiction.
Renewal permits will be granted for an additional one-year term
if the following conditions are met:
A.
Application for renewal of the short-term rental permit shall be
made at least 30 days prior to expiration of current permit and requires
payment of a nonrefundable renewal fee in an amount established from
time to time by resolution of the Board of Trustees.
B.
At the time of application for renewal, the owner or designated agent
must present the prior permit for the short-term rental.
C.
The property must undergo an inspection performed by the Code Enforcement
Officer to certify continued compliance with all short-term rental
requirements.
D.
Any violations must be remedied prior to renewal of a permit for
short-term rental.
A permit for a short-term rental in the Village of Woodbury
is a privilege, and not a right. The Code Enforcement Officer may
immediately suspend or revoke a short-term rental permit based on
any of the following grounds:
A.
Applicant has falsified or failed to provide information in the application
for a permit or the application for permit renewal, registration of
property or registration of landlord or absentee landlord.
B.
Applicant failed to meet or comply with any of the requirements of
this chapter or of the permit.
D.
Owner has violated any provision of the Penal Code of the State of
New York, which violation occurred at, or was related to, the occupancy
of the short-term rental.
E.
Any conduct on the premises that disturbs the health, safety, peace
or comfort of the neighborhood or which otherwise creates a public
nuisance.
F.
Removal or disrepair of any safety devices including, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
G.
The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
H.
Advertising or listing a short-term rental without a valid permit
or registration, or without including the permit or registration number
on the advertising or listing, or advertising the short-term rental
for a greater occupancy than permitted.
I.
Operation of a short-term rental without a valid permit or for a
greater occupancy than permitted.
When a property owner's application for a short-term rental
permit or a short-term rental permit renewal is denied or a short-term
rental permit is suspended or revoked, the property owner is entitled
to appeal the Code Enforcement Officer's determination to the
Zoning Board of Appeals. A notice of appeal shall be filed with the
Village Clerk and the Zoning Board of Appeals within 60 days of the
Code Enforcement Officer's filing of the denial or revocation
with the Village Clerk. A hearing shall be held by the Zoning Board
of Appeals not more than 45 days after the filing of the notice of
appeal. The filing of such appeal will stay the suspension or revocation
of the permit or renewal, consistent with Village Law § 7-712-a,
unless the Building Inspector determines that such stay could cause
imminent peril to life and property.
