The Village of Tivoli Board of Trustees has determined it is in the best interest of the Village and its residents to regulate short-term rentals. The Village Board recognizes the benefits of short-term rentals to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the Village. The presence of short-term rentals also can result in a reduction in the affordable housing supply by removing dwelling units from the market and driving up demand for the limited remaining housing. This can result in fewer available units and increased prices or rents for those units. The Village Board believes that the restrictions and requirements imposed herein further the Village's goals and objectives to advance housing affordability, preserve the residential quality of neighborhoods, and protect the health, safety and welfare of the Village and its residents. This chapter describes procedures and requirements for obtaining a permit for a short-term rental and is intended to operate in conjunction with the regulations of Village of Tivoli Code Chapter 231, entitled "Zoning."
[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli 8-14-2024 by L.L. No. 1-2024. Amendments noted where applicable.]
Terms used in this section shall have the meanings given in Chapter 231 of the Code.
A.
In accordance with Chapter 231 of the Tivoli Code, unhosted short-term rentals are prohibited in all zoning districts in the Village. This chapter permits issuance of permits for hosted short-term rentals.
B.
It shall be unlawful for any person to operate, rent, lease, or advertise for rent a hosted short-term rental within the Village of Tivoli without having obtained an annual operating permit for such purpose in accordance with the provisions of this chapter, and without having obtained requisite planning and zoning approvals under Chapter 231, Zoning, if any. Any applicable planning and zoning approvals must be granted prior to the issuance of an annual operating permit.
D.
All annual operating permits shall expire on December 31 of the year in which they are issued. Except for an annual operating permit originally issued in the year 2024 which shall expire December 31, 2025.
E.
A property owner may apply for renewal for the following calendar year within three months prior to the expiration date. A property owner desiring to operate a hosted short-term rental shall make a written application for an annual operating permit to the Zoning Enforcement Officer. The application for an annual operating permit shall be made on forms provided by the Village of Tivoli and shall include the information required by this chapter and at least the following:
(1)
Name, mailing address, phone number, and email address of all property owners and all primary residents of the property.
(2)
Physical address and tax map ID number of the short-term rental property and proof of ownership (current deed or latest property tax record).
(3)
The application shall state whether there are any home occupations (and whether Class 1 or Class 2) or accessory dwelling units located on the property.
(4)
Floor plan showing all bedrooms in the dwelling and identifying those to be used as a short-term rental, indicating the square footage and ceiling height of bedroom(s) to be a height of at least seven feet, and indicating location of two means of egress from each bedroom.
(5)
A sketch map sufficient to show the location of all available off-street parking on the lot.
(6)
Certification that the building in which the short-term rental room(s) are located contains functioning smoke and carbon monoxide detectors as well as a functioning fire extinguisher on each floor, and two means of ingress/egress for each rented bedroom as defined in Chapter 98 of the Village Code.
(7)
A certification in a form acceptable to the Village signed and notarized by the primary resident attesting to the fact that the property is their primary residence and the primary resident will reside on the property during the rental period.
(8)
The application shall be signed by all the property owners.
(9)
Payment of the nonrefundable permit fee in accordance with the fee schedule established and periodically reviewed by resolution of the Village Board of Trustees.
F.
In addition to the application and information required pursuant to Subsection C above, an applicant for an annual operating permit shall provide the following documentation along with the application:
(1)
Hotel occupancy tax. For any renewal application, evidence of payment of the hotel occupancy tax required by Dutchess County for the prior fiscal year shall be submitted.
(2)
The Building Inspector shall verify that the property described in the application is consistent with the records of the Village and certificate of occupancy.
(3)
If the structure to be used as the hosted short-term rental is the subject of a pending building permit or does not have a current certificate of occupancy, the building inspector may require an inspection for compliance with applicable requirements of the NYS Uniform Fire Prevention and Building Code. Alternatively, the inspection may be conducted by a New York State licensed engineer or architect hired by the applicant.
(4)
Proof of payment of the annual fee.
G.
Any owner of a parcel in the Village with a short-term rental permit shall not be permitted to obtain a second short-term rental permit.
H.
The Village Board shall establish by resolution the maximum number of short-term rental permits that may be issued in any year.
The following regulations apply to all short-term rentals.
A.
It shall be unlawful to use, establish, maintain, operate, rent or lease any property as a short-term rental unless the primary resident identified as such in the application is staying at all times at the premises and not an accessory dwelling unit during the rental period.
B.
Hosted short-term rentals shall only be permitted in a one-family dwelling.
C.
Only the owner(s) of the property containing a proposed hosted short-term rental may apply for a short-term rental permit.
D.
Hosted short-term rentals may be rented not more than an aggregate of 60 days per calendar year with the exception of the GB and RB, where there shall be no limit.
E.
Annual permit holders are only permitted to rent up to a maximum of two bedrooms within the dwelling with the exception of the GB and RB, where a maximum of four bedrooms may be rented.
F.
At least one bedroom in the dwelling shall be retained for the exclusive use of the primary resident.
G.
Annual operating permits for a short-term rental are specific to the designated owner and property and cannot be transferred to other owners or properties.
H.
An annual operating permit shall not be issued to any owner or for any property with an outstanding notice of violation under the Village of Tivoli Code, nor to any owner or property with a permit that was suspended or revoked and remains uncured, or that was suspended or revoked two or more times during the two-year period preceding the year applied for.
I.
No recreational vehicle, bus, camping or travel trailer, or temporary housing, including but not limited to a tent or treehouse, shall be used as a short-term rental.
J.
If the structure to be used as the short-term rental is the subject of a pending building permit or does not have a current certificate of occupancy, the Building Inspector may require an inspection for compliance with applicable requirements of the NYS Uniform Fire Prevention and Building Code. Alternatively, the inspection may be conducted by a New York State licensed engineer or architect hired by the applicant.
K.
A maximum of two guests are permitted per bedroom (children under 12 years of age shall not count towards this maximum).
L.
The parking spaces required by the Zoning Law must be available for use by the short-term rental tenants.
M.
All short-term rentals shall comply with all applicable provisions of the Village Code.
N.
A hosted short-term rental may not be permitted in addition to a Class 2 home occupation on the same parcel.
O.
The owner of a short-term rental shall provide the permit number of the short-term rental, and the name and contact number of the property owner and, if different, the primary resident i) in any rental confirmation provided to a prospective occupant; ii) in a written posting at the premises; iii) in any advertising or listing, the permit number only. Permit number, date of issue, owner name and, if applicable, primary resident name, are publicly available.
P.
Short-term rental owners shall post a copy of the following in an open and conspicuous place in the rental unit that shall be readily visible to all guests:
(1)
Short-term rental permit or registration number.
(2)
A copy of the most recent short-term rental information pamphlet issued by the Village regarding quiet hours, nuisance gatherings, and other matters determined from time to time by the Village.
(3)
A safety/egress plan shall be posted in a visible location inside the short-term rental and on the back of each bedroom door offered for rent.
(4)
A property map (either a survey of the property or a tax map printed from Dutchess County Parcel Access) depicting property boundaries and notice to guests not to trespass on neighbors' property.
(5)
Information identifying location of easily accessible solid waste and recycling facilities, and pickup date(s).
Q.
Facilities to handle solid waste, including recycling, shall be made available to short-term rental guests and shall be easily accessible, secure and screened from adjacent properties. Failure to adequately provide for and dispose of refuse shall be a violation of this chapter.
R.
Each short-term rental owner shall be required to maintain a record of all short-term rental rentals, which shall be available for inspection by the Zoning Enforcement Officer upon request. The record shall be a true and accurate record of the use of the short-term rental and shall include the dates and total number of days rented, and number of guests. Each owner shall retain such records for a minimum of three years.
S.
Occupancy taxes. The property owner shall be responsible for payment of the hotel occupancy room tax to Dutchess County either directly or through Airbnb or other platforms if applicable, and for collecting and remitting all applicable occupancy and sales taxes required by state law and/or county local law. Failure to pay all required taxes shall be a violation of this chapter. The Village may transmit permit information to Dutchess County for enforcement purposes.
T.
If the short-term room rental is advertised, the short-term rental permit number must be included in the listing.
A.
Violations. Any of the following shall constitute a violation of this chapter:
(1)
Failure to comply with any provision of this chapter.
(2)
Advertising or listing a short-term rental without a valid permit, or without including the permit number on the advertising or listing, or advertising or listing a short-term rental for a greater occupancy than permitted.
(3)
Operation of a short-term rental without a valid permit or for a greater occupancy than permitted.
(4)
Failure to properly display a valid annual operating permit or the required safety/egress plan, waste management plan, copy of the Village's short-term rental information pamphlet, and property map when required by Chapter 180.
(5)
Fraud or misrepresentation with respect to any information provided to the Village in connection with the short-term rental application or its operation.
B.
Suspension or revocation of a permit.
(1)
A notice of violation may be issued by the Zoning Enforcement Officer or Building Inspector for any violation of Chapter 180. The notice of violation shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected.
(2)
The notice of violation shall be provided to the permit holder by personal service, by regular mail to the address submitted with the permit application, or by posting at the short-term rental address.
(3)
Failure to correct the violation or cause the violation to be corrected shall be grounds for immediate suspension or revocation of the permit.
(4)
A permit holder shall be entitled to request a hearing on suspension or revocation before the Village Mayor or other hearing officer designated by the Mayor, upon application made to the Village Clerk demonstrating that the permit holder was not in violation of the permit. Any suspension or revocation remains in effect unless modified by the hearing officer. The hearing officer shall hold a hearing to determine whether to reverse the suspension or revocation within 30 days of written request.
(5)
Notwithstanding the above, in the event the Zoning Enforcement Officer determines that the short-term rental is unsafe and presents an immediate hazard to those on the premises, they may immediately suspend an annual operating permit.
C.
Enforcement.
(1)
The requirements established by this chapter shall be administered and enforced by any law enforcement agency that has jurisdiction in the Village of Tivoli ("police officers"), the Village of Tivoli Zoning Enforcement Officer, Code Enforcement Official/Building Inspector and Village Attorney or his/her designee and such other employees and/or officials authorized by the Village Board.
(2)
In addition to any administrative remedy, pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Police Officers, the Zoning Enforcement Officer and Code Enforcement Official/Building Inspector of the Village of Tivoli are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Village Court of the Village of Tivoli, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter 180 of the Code of the Village of Tivoli, entitled "Short-Term Rentals," and to prosecute the violation in Village Court.
D.
Penalties for offenses.
(1)
Violation of any provision or requirement of this chapter or violation of any statement, application, or permit approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $250 and/or imprisonment for not more than six months for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $250 nor more than $500 and/or imprisonment for not more than six months; and upon conviction for a third or subsequent time within a period of five years, punishable by a fine of not less than $500 nor more than $1,000 and/or imprisonment for a period of not more than six months.
(2)
The owner, agent, or operator of a building, premises or part thereof where such violation has been committed or does exist and any agent, corporation or other person who commits, takes part or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Village. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense. Such initial notice and subsequent notice shall be given in accordance with § 180-5B herein.
(3)
Conviction of a violation of this chapter shall constitute and effect an immediate forfeiture of any permit hereunder held by the person so convicted.
(4)
Without limiting any other remedy, the Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter.