As used in this chapter, the following terms shall have the
meaning indicated:
CODE ENFORCEMENT OFFICER
Includes the Building Inspector, the Zoning Administrator,
the Code Enforcement Officer and any other person charged with enforcing
the Code or local laws of the Town and any applicable Building, Fire
and Residential Codes of New York State.
OWNER or OWNERS
Includes the person or people actually owning real property,
a person or people holding membership interests in a limited-liability
company, a person or people holding a partnership interest in a partnership
or limited- liability partnership, the trustee or trustees or a trust,
or a person or people owning shares in a corporation, when any such
an entity owns the real property.
SHORT-TERM RENTAL
Any portion of a dwelling unit or housing unit (as defined
in any applicable NYS Fire, Building or Residential Code) rented for
compensation in exchange for lodging for a period of not more than
31 consecutive days, including the primary structure or a permanent
accessory structure. This may not include campgrounds, tent sites
or tent platforms, and other temporary structures on the parcel. For
the purpose of this chapter, the term "short-term rental" shall not
include a bed-and-breakfast, boardinghouse/lodging house, hotel, motel,
or ongoing month-to-month tenancies. In addition, there shall be no
more than one short-term rental per property. Short-term rentals are
allowed everywhere in the Town regardless of the zoning district.
Short-term rental permits are subject to continued compliance
with the requirements of this chapter.
A. If the Code Enforcement Officer has probable cause to believe that
the homeowner is not in compliance with the provisions of this chapter,
the Code Enforcement Officer may request permission from the short-term
rental permit holder to enter the premises and to conduct an inspection
of the short-term rental property for purposes of ensuring compliance
with this section. If the permit holder refuses to permit the Code
Enforcement Officer to inspect the property, the permit will be revoked.
If an inspection authorized herein is conducted, the Code Enforcement
Officer shall use the results of such inspection in determining whether
to revoke the permit.
B. 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; and
C. The short-term rental permit holder shall ensure that current and
accurate information is provided to the Code Enforcement Officer and
that the Code Enforcement Officer is notified 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 owner(s) must immediately post the amended permit inside and near
the front entrance of the short-term rental.
D. The short-term rental permit holder must conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
Renewal permits will be granted for an additional two-year term
if the following conditions are met:
A. Application for renewal of the short-term rental permit shall be
made 30 days' prior to expiration of current permit and requires
payment of renewal fee.
B. At the time of application for renewal, the owner or designated agent
must present the previous permit for short-term rental.
C. The property must have undergone re-inspection performed by the Code
Enforcement Officer.
D. Any violations, whether previously issued or observed during the
reinspection, must be remedied prior to renewal of a permit for short-term
rental.
The Code Enforcement Officer may immediately suspend 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.
B. Applicant failed to meet or comply with any of the requirements of
this chapter.
C. Owner is in violation of any provision of the Code of the Town of
Washington or the New York State Uniform Fire Prevention and Building
Code.
D. Owner has violated any provision of the Penal Code of the State of
New York, which violation occurred at, or related to the occupancy
of, the short-term rental.
E. Any conduct on the premises, which 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, such as, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers, and egresses.
The property owner is entitled to appeal the Code Enforcement
Officer's determination to the Zoning Board of Appeals 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 revoked. A notice of appeal shall be filed with the Town
Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement
Officer's filing of the denial or revocation with the Town 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.
Should any word, section, clause, paragraph, sentence, part,
or provision of this chapter be declared invalid by a court of competent
jurisdiction, such determination shall not affect the validity of
any other part hereof.
All other ordinances or local laws of the Town of Washington
which are in conflict with the provisions of this chapter are hereby
superseded or repealed to the extent necessary to give this chapter
force and effect during its effective period.
This chapter will take effect upon filing in the office of the
New York State Secretary of State.