[Added 7-10-2024 by Ord. No. 1-2024]
For purposes of this article, the following terms shall have the following meanings:
DWELLING
A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
OWNER
Any individual or individuals, partnership or corporation or other organization in possession of and having a fee interest in the dwelling unit. The term "owner" shall include a corporation, limited-liability company, partnership, association, trustee, or other business entity or nonbusiness forms of ownership. For purposes of this article, the term "owner" shall also include any individual or individuals, partnership or corporation or other organization that has permission from the fee interest holder to operate a short-term rental at the dwelling unit and is otherwise responsible for the management and/or maintenance of the short-term rental.
RENTAL
An agreement granting use or possession of a dwelling, in whole or in part, to a person, group or entity in exchange for consideration. Use of a short-term rental by a record owner of a property shall not be considered to be a rental under this section.
SHORT-TERM RENTAL
A dwelling unit with no more than four bedrooms that is rented, in whole or in part, to any person or entity for a period of less than 30 consecutive nights and meets all of the regulations, requirements and standards contained in this article and § 350-7.18, as amended. Short-term rentals do not include boarding houses or bed-and-breakfast inns.
SHORT-TERM RENTAL LICENSE
A license granted to a short-term rental pursuant to this article.
In addition to the requirements contained in Chapter 350, the owner of a short-term rental must also possess a current and valid short-term rental license for each dwelling unit used for short-term rental, issued by the Code Enforcement Office, prior to operation as a short-term rental.
A. 
An application for, or renewal of, a short-term rental license shall be submitted to the City Code Enforcement Office, signed by all persons and entities that have an ownership interest in the subject property, accompanied by payment of the license fee in the amount determined as part of the annual chart of accounts of the City of Geneva. Each dwelling unit used or advertised as a short-term rental shall require a separate application for a short-term rental license and payment of the associated license fee. The application shall be completed on a form provided by the City of Geneva, and shall include the following:
(1) 
A list of all of the owner(s) of the dwelling unit, including names, addresses, telephone numbers (including mobile numbers) and email addresses;
(2) 
Completion of a signed and notarized affidavit by the owner(s) certifying the following:
(a) 
The property is in compliance with New York State Code R314.3, Smoke Alarm, and FC 915 for carbon monoxide detector locations.
(b) 
The number of parking spaces meets the zoning requirements set forth by § 350-8.4 of the City Code;
(c) 
There are no outstanding property taxes or tax liens associated with the dwelling unit, nor does the owner owe any other outstanding taxes fees or assessments to the City, including taxes and fees owed in connection with any other short-term rentals;
(d) 
The dwelling unit complies and will continue to comply with all standards contained in this article, the City Zoning Ordinance[1] and all other applicable laws, standards and regulations.
[1]
Editor's Note: See Ch. 350, Zoning.
(e) 
The owner has read, understands, and agrees to comply with all legal duties imposed by this article and the City Zoning Ordinance.
(f) 
The owner will not discriminate in guest use or rental of a short-term rental, and will comply with all applicable antidiscrimination laws, including but not limited to Title VII of the Civil Rights Act of 1968, the Fair Housing Act (FHA), and the Americans with Disabilities Act (ADA).
(g) 
Designation by the owner of a local person whose contact information will be made available to the City Code Enforcement Department and published in the City's short-term rental database, and who shall be available 24 hours per day, seven days per week with the ability to respond to any complaint from the City or community members within 45 minutes for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit and taking immediate action to resolve any such complaints.
(3) 
A site plan, drawn to scale, showing the location of the dwelling unit, surrounding buildings, and required parking. An accurate, suitable plan need not be prepared by a professional.
(4) 
A statement that the dwelling unit is served by a public sewer.
(5) 
Mobile telephone numbers and email addresses of a local contact person(s), who shall be responsible, and authorized, to act on the owner's behalf to promptly remedy any violation of these standards or the permit. The contact person may be the owner or an agent designated by the owner to serve as a contact person.
B. 
The owner and any operator shall sign an authorization, valid for the term of the short-term rental license and any subsequent renewals, authorizing the City Code Enforcement Office to enter the dwelling unit upon twenty-four-hour notice to conduct an inspection to verify compliance with the Code of the City Geneva, including this section; to verify compliance with applicable New York State laws, codes and regulations; to verify the number of sleeping rooms within the short-term rental, as authorized by this section; and to verify the number of parking spaces meet the standards set forth in the City Code zoning requirements for a dwelling unit.
C. 
Upon the filing of a complete short-term rental license application with the City Code Enforcement Office together with the applicable fee, and all documents and information required by this article, the City Code Enforcement Office shall have 60 days to review the application and then either issue the short-term rental license or notify the applicant in writing that the application has been denied, along with the reason or reasons for denial.
D. 
In reviewing the application, the Code Enforcement Office shall have the right to inspect the short-term rental upon twenty-four-hour notice for purposes of ensuring compliance with this Code, and any other applicable codes, laws, or ordinances enforced by the Code Enforcement Office. If an inspection authorized herein is conducted, the Code Enforcement Office shall use the results of such inspection in determining whether to issue the short-term rental license, with or without conditions, or to not issue the short-term rental license.
E. 
Short-term rental license provisions.
(1) 
A short-term rental license shall be obtained prior to using any dwelling unit as a short-term rental.
(2) 
A short-term rental license shall be valid for two years from the issue date, and must be renewed upon expiration as long as the dwelling unit is used as a short-term rental.
(3) 
The short-term rental license is transferable to a new owner, so long as the owner registers with the City, updates the short-term rental license application, and agrees in writing to comply with the requirements of the short-term rental license and these regulations.
(4) 
If the conditions under which the short-term rental license is issued are not maintained or these regulations are violated, the short-term rental license may be revoked as described in § 215-29 and the owner subject to the penalties of this article and the penalties set forth below.
F. 
Short-term rental licenses issued pursuant to this section shall state the following:
(1) 
The names, addresses, and phone numbers of the subject owner(s) and the local contact person with the ability to respond to any complaint within 45 minutes for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental and taking immediate action to resolve any such complaints.
(2) 
Identification of the number of and location of off-street parking spaces available and the amount required by the Code.
(3) 
A statement that the short-term rental license may be revoked for violations.
(4) 
A statement that guests must comply with the Noise Ordinance of the City of Geneva, as set forth in Chapter 232 of the City Code, which ordinance will be enforced by the City Police Department, the Ontario County Sheriff's Department, the New York State Police, or any law enforcement agency properly exercising jurisdiction over the premises or incident.
(5) 
Any conditions imposed by the City Code Enforcement Office.
(6) 
The short-term rental license expiration date.
G. 
The current short-term rental license shall be prominently displayed inside and near the front entrance of the short-term rental.
H. 
Application denial. City Code Enforcement may decline a short-term rental license application for any of the following reasons:
(1) 
The application is incomplete, the documentation required is not included with the application, or the full license fee, in payment form acceptable for the City Clerk, is not included with the application.
(2) 
A short-term rental license issued to any of the owners was revoked within the two years prior to the date if the application.
(3) 
City Code Enforcement determines upon review of application or inspection that the dwelling unit is not in compliance with City Code.
(4) 
The site plan required to be submitted with the application does not comport with the requirements of this section.
A. 
The owner(s) of a short-term rental shall be responsible for any nuisance violations arising at a property during short-term rental activities.
B. 
The owner(s) of a short-term rental shall fully comply with all applicable state and local fire, building, health and safety laws, and all relevant local ordinances, including City parking standards.
C. 
The owner(s) must conspicuously post the short-term rental license in a protected mounting in the public corridor, hallway or lobby of the dwelling for which the license was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit.
D. 
It shall be the responsibility of the owner to acquire and maintain a valid sales tax certificate as required by New York State law. Except for those instances in which a platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the owner shall timely remit all applicable local, state, federal taxes and fees, owed in connection with any short-term rental. The failure of a platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this article.
E. 
With respect to the dwelling unit which the tenant occupies, controls or uses, the owner(s) shall be responsible for the following standards:
(1) 
Occupancy limitations and the lawful use of a dwelling unit;
(2) 
Maintenance of the dwelling unit in a clean, safe and sanitary condition;
(3) 
Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities contained in the dwelling unit in a clean and sanitary condition;
(4) 
Keeping exits in the dwelling unit free and clear of obstacles and debris;
(5) 
Disposal of garbage, refuse and debris in a sanitary manner and keeping the dwelling unit, lot, and neighboring lots free and clear from garbage, refuse and debris from the short-term rental;
(6) 
Keeping domestic animals and pets in an appropriate manner and under control, to the extent that domestic animals and pets are permitted on the premises by the owner;
(7) 
All occupants and visitors to the short-term rental unit shall comply with all relevant occupancy and parking codes. In addition, occupants and visitors shall park motor vehicles only on-site (if the dwelling unit is designed to accommodate on-site parking) or off-site where parking adjacent to the dwelling unit is allowed. Notice of the parking locations allowed and other requirements shall be conspicuously posted on the inside of the short-term rental;
(8) 
Ensuring that all occupants of the dwelling unit refrain from making any disturbing, offensive or excessive noise at any time, including but not limited to respecting quiet hours between the hours of 10:00 p.m. and 7:00 a.m., which would annoy or disturb the peace, quiet or comfort of a reasonable person of normal sensibilities. Each short-term rental shall be required to prominently display a notice in any yard, porch, patio, deck, and/or pool area where renters may gather outside that indicates that unreasonable noise is prohibited by the City Code Chapter 323 and listing quiet hours.
F. 
Compliance with other laws. The owner shall ensure that any short-term rental fully complies with the provisions of this article the City Zoning Ordinance,[1] and all other applicable laws.
[1]
Editor's Note: See Ch. 350, Zoning.
A. 
Owners of short-term rentals shall obey all applicable laws, ordinances, and regulations of the City of Geneva, Ontario County, New York State, and the United States of America, and shall be subject to the enforcement proceedings contained in this section.
B. 
Any short-term rental license issued pursuant to this Code is subject to continuing compliance with the conditions set forth herein, as well as any applicable laws, codes, regulations or ordinances. It shall be a violation of this article to fail to comply with any standards and/or procedures set forth in this section and/or federal, state, or local law.
C. 
The Zoning Coordinator or his designee shall be given access to the dwelling unit upon twenty-four-hour notice for the purpose of conducting an inspection as deemed necessary from time to time to ensure compliance with these regulations and with applicable state and local codes.
D. 
Inspection fee. Owners of a short-term rental shall pay an inspection fee to be set by the City Council annually in their schedule of fees, to be assessed against the dwelling unit, for each inspection in which violations of state or local laws, codes, regulations and/or ordinances are found. The Code Enforcement Office shall assess the fee, when, in the evaluation of the inspector, the status of the violation has not progressed or been satisfactorily completed. The fee shall not be applicable to inspections ordered after the commencement of a court action, nor any initial inspection required pursuant to the application process above, but shall apply to subsequent re-inspections pursuant to the aforementioned sections.
E. 
Noise, nuisance, and parking violations. A short-term rental license may be revoked upon repeated noise, nuisance, or parking complaints. Three complaints relating to noise, nuisance, or parking at a licensed short-term rental within 12 consecutive months shall collectively constitute a first violation for the purposes of Subsection G below. Every subsequent three complaints shall constitute an additional violation pursuant to Subsection G(2) and (3). Citations for noise, nuisance, or parking violations may be appealed to the Zoning Board of Appeals pursuant to § 215-30 below.
F. 
In the event that the Code Enforcement Office receives a complaint or determines that a violation exists, it shall inform the owner of a short-term rental license by written correspondence, hand-delivered or sent via first-class mail to the address provided on the application, and provide a fixed period of time, not to exceed 30 days, to remedy all existing violations or show cause for delay, which may only be granted once, by the Code Enforcement Office, for a time period not to exceed 90 days.
G. 
Failure to remedy violations.
(1) 
Following the receipt of three complaints relating to noise, nuisance, or parking, or expiration of the time period set forth in Subsection F above, the owner of the short-term rental unit shall be guilty of a violation and such short-term rental license will be immediately suspended for a period of 60 days. Continued failure to remedy an initial violation following the sixty-day suspension shall be considered a second violation.
(2) 
The owner of the short-term rental guilty of a second violation shall be further suspended for a period of 120 days. Continued failure to remedy a second violation following the 120-day suspension, shall be considered a third violation.
(3) 
The owner of the short-term rental guilty of a third violation shall have their short-term rental license immediately revoked for that owner and the dwelling unit.
H. 
An owner that has a short-term rental license revoked may not apply or be granted another license for a period of two years from the date of revocation, and no such license shall be reinstated unless the owner has demonstrated that all violations have been corrected and that he/she/they is in full compliance with all applicable provisions of this chapter. Revocation and/or multiple violations may be grounds for the denial of a subsequent application under this article.
I. 
Nonpermitted/licensed operation. No owner shall operate a short-term rental without a current site plan approval, if required in the applicable zone, and a short-term rental license issued pursuant to this article. In the event that the Code Enforcement Office determines that a violation of this subsection exists, it shall inform the owner by written correspondence, hand-delivered or sent via first-class mail to the address of the dwelling unit in question. The owner will be given a warning with 72 hours to cease operating the dwelling unit as a short-term rental. Should such unpermitted/unlicensed operation continue after 72 hours, or should the dwelling unit be operated as a short-term rental without a short-term rental license at any time thereafter, the owner shall be in violation of this article and be subject to the penalties listed below.
Decisions of the Code Enforcement Officer will be provided to the parties and may be appealed by the owner or by the complaining party, by filing a written appeal within 30 days of receipt of the decision, to the City Zoning Board of Appeals. The Zoning Board of Appeals shall conduct a de novo review of the decision.
For the purposes of City Code Article IV, each day a violation exists shall constitute a separate violation.
A. 
Any violation of either this article or chapter, as the case may be, shall be punishable as provided in § 1-17 of Chapter 1, General Provisions, of this Code.
B. 
Notwithstanding the foregoing and in addition thereto, the City may bring an action for a mandatory injunction to compel compliance with the provisions of this chapter.