HomeMy WebLinkAboutTown of Canadice Local Law no.3 of 2021.pdfTown of Canadice
Local Law No. 3 of the year 2021.
A local law of the Town of Canadice Amending the Town Code of the Town of Canadice to add
Chapter 97 Entitled: Short-Term Rentals.
Be it enacted by the Town Board of The Town of Canadice as follows:
A LOCAL LAW TO AMEND THE CANADICE TOWN CODE TO ADD, CHAPTER 97,
“SHORT-TERM RENTALS” TO REQUIRE OWNERS OF SHORT-TERM RENTALS TO
OBTAIN A SHORT-TERM RENTAL PERMIT.
Section I. Title.
This local law shall be known as and may be cited as Local Law No. 3-2021, to amend the
Canadice Town Code to add Chapter 97, “Short-Term Rentals” requiring owners to obtain a
Short-Term Rental Permit from the Town of Canadice in order to continue or commence
operation of a Short-Term Rental.
Section II. Authorization.
The adoption of this Local Law is in accordance with §264 of New York’s Town Law and §10 of
the New York Municipal Home Rule Law
Section III. Legislative Intent and purpose.
The Town recognizes that it would be beneficial for the Town to control and regulate the use of
Short-Term Rentals within the Town of Canadice. The provisions of this section are intended to
preserve and protect the health, character, safety, and general welfare of the residential
neighborhoods and rural areas where Short-Term Rentals are operated, and to mitigate the
adverse effects of Short-Term Rentals.
Section IV. Amendment.
The Canadice Town Code, shall be amended to add Chapter 97, “Short-Term Rentals” as
follows:
§97.1 Definitions.
As used in this chapter, the following term shall have the meaning indicated:
Short-Term Rental – Any portion of real property rented for compensation in
exchange for lodging for a period of not more than thirty-one (31) consecutive
days. This may 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, boarding/lodging
house, hotel, motel, or ongoing month-to-month tenancies.
§97.2 Presumption of Dwelling Unit as Short-Term Rental Property.
A. The presence of the following shall create a presumption that all or a part of the
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.
§97.3 Required Permit.
A. Owners shall not use their property as a Short-Term Rental without obtaining a
revocable Short-Term Rental permit.
B. A Short-Term Rental Permit shall be valid for two (2) years and must be renewed
thirty (30) days prior to expiration of current permit if the premises is to continue to
operate as a Short-Term Rental.
C. The Short-Term Rental permit is not transferable to a new owner. The new owner of
the premises subject to a Short-Term Rental permit must file a new permit application.
D. Notwithstanding the foregoing, those properties with Short-Term Rental commitments
existing on the date this section takes effect shall be permitted to honor such existing
commitments and continue to make commitments for Short-Term Rentals, but must
apply for a permit within 180 days of the Local Law’s effective date for all future Short-
Term Rental commitments. In the event such application is denied, all commitments
shall be cancelled.
§97.4 Short-Term Rental Permit Application Requirements.
A. Applications for a Short-Term Rental Permit may be obtained at the Town of
Canadice Code Term Rental permit shall be submitted to the Code Enforcement Officer,
accompanied by payment of a nonrefundable permit fee to be determined from time to
time by resolution of the Town Board. The application shall include the following:
(1) The signatures of all owners or their designated agents.
(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 manager or management
agency managing the property, including names, addresses, telephone numbers
and email addresses of each.
(5) The name, address, telephone number and email address of a contact
person, who shall be responsible and authorized to act on the owners’ behalf to
promptly remedy any violation of the standards outlined in this Section. The
contact person may be an owner, or an agent designated by the owner(s) to
serve as a contact person, and shall respond to any correspondence or concern
from the Town Code Enforcement Officer within 24 hours.
(6) An accurate suitable floor plan for each level of the dwelling that can be
occupied measuring at least 8.5 inch by 11 inch, drawn to scale and certified by
the applicant. The floor plan does not need to be prepared by a professional, but
must include the following:
a. The location of buildings and required parking.
b. Basement – location of house utilities and all rooms including
bedrooms, windows, exits and any heating/cooling units.
c. First floor – all rooms including bedrooms, windows, exits and any
heating/cooling units.
d. Second floor – all rooms including bedrooms, windows, exits and any
heating/cooling units.
e. Attic (if present) – all rooms including bedrooms, windows, exits and
any heating/cooling units.
(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 Floor Plan Review and Approval by the
Code Enforcement Officer.
C. Owners wishing to apply for a variance relating to sleeping capacity, parking capacity,
or other standards stated below must petition to the Zoning Board of Appeals. Variance
applications will be reviewed by the Zoning Board of Appeals in accord with §120-7(B) of
the Town’s Zoning Code.
§97.5 Short-Term Rental Standards.
A. Property Requirements
(1) Property must comply and meet all current NYS Uniform Building Codes.
(2) There shall be one working smoke detector in each sleeping room and one
additional smoke detector on each floor. Carbon monoxide detectors shall be
installed as required by the New York State Uniform Fire Prevention and
Building Code.
(3) 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.
(4) There shall be an ABC fire extinguisher on each floor and in the kitchen. 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.
(5) 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.
(6) Exterior doors shall be operational and all passageways to exterior doors
shall be clear and unobstructed.
(7) 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.
(8) All fireplaces shall comply with all applicable laws and regulations.
(9) The property must have a minimum of one (1) off-road parking space for
every bedroom shown on the floor plan included with the application.
(10) Maximum occupancy for each Short-Term rental unit shall not exceed two
(2) people per bedroom shown on the floor plan included with the application and
two (2) people per minimum full size convertible sleeping accommodation
furniture (i.e. futon, hide-a-bed) also identified on the floor plan. The maximum
occupancy of a Short-Term rental Unit shall not exceed twelve (12) people,
including permanent residents and renters.
(11) 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
overnight occupancy for any Short-Term Rental Unit exceed twelve (12) people
total.
(12) A septic system at the property must meet all state requirements.
(13) The septic system must have been pumped within the past 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 four
years.
(14) The water supply to the property must meet all State requirements.
(15) One sign identifying the Short-Term Rental shall be allowed measuring no
more than six square feet on a side. The sign may be double-sided but not
internally lighted. The location, design and dimensions of the sign shall be
reviewed and approved by the Code Enforcement Officer prior to issuance of the
permit. If signage is desired after a permit has been issued, the Short-Term
Rental permit holder must submit a request for review and approval to the Code
Enforcement Officer prior to installation. If the property has vehicular access on
more than one road, there may be one sign fronting on each road.
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.
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. 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 stating:
a. The Short-Term Rental is in a residential area in the Town of Canadice
and that renters should be considerate of the residents in neighboring
homes.
b. Guests are requested to observe quiet hours from 11:00 p.m. – 7:00
a.m.
c. All renters will be subject to New York Penal Law §240.20 or any
successor statute regarding disorderly conduct.
(d) Littering is illegal; and
(e) Recreational campfires must be attended.
§97.6 Procedure Upon Filing Application:
A. Short-Term Rental permit applications shall be filed with the Town of Canadice Code
Enforcement Officer with all supporting documentations and the nonrefundable permit
fee. Only completed applications will be accepted by the Town’s Code Enforcement
Officer. The Code Enforcement Officer may decline to accept an application for
consideration for any of the following reasons:
(1) The application, documentation required by this Section was not included or
the full permit fee was not paid.
(2) A previously issued Short-Term Rental permit was revoked within the past
year and defects and/or violations have not been corrected and inspected by the
Code Enforcement Officer.
B. Upon receipt of a completed Short-Term Rental permit application, adjacent property
owners of the Short-Term rental will be notified of the application by the Town of
Canadice via post card or e-mail.
C. Upon the Code Enforcement Officer’s acceptance of the completed permit
application, all documents and information required by this Section and the permit fee,
the Code Enforcement Officer shall have thirty (30) days to conduct a property
inspection to certify and approve that all Short-Term Rental requirements have been
met.
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 or entity 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 Zoning Board of Appeals and/or Code
Enforcement Officer.
§97.7 Conformity and Display of Permit.
A. Short-Term Rental permits are subject to continued compliance with the requirements
of these regulations.
(1) If the Code Enforcement Officer has probable cause to believe that the
homeowner is not in compliance with the provisions of this Law, the Code
Enforcement Officer may request permission from an owner of the Short-Term
Rental permit 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 property owner 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.
(2) 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
(3) The Short-Term Rental permit holder shall ensure that current and accurate
information is provided to the Code Enforcement Officer and that they 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.
(4) The Short-Term Rental permit holder must conspicuously display the Short-
Term Rental permit number in all advertisements for the applicable Short-Term
Rental.
§97.8 Compliance and Penalties.
A. Violations of this Section or of any Short-Term Rental permit issued pursuant to this
Section shall be subject to enforcement and penalties prescribed in this chapter.
B. If the Code Enforcement Officer either witnesses or receives a written complaint of an
alleged violation of this Section or of any Short-Term Rental permit issued pursuant to
this Section, the Code Enforcement Officer shall properly record such complaint and
immediately investigate the report thereon. If the Code Enforcement Officer determines
there is a violation of this code, the owners shall be notified in writing by first class mail
and certified return receipt mail of said violations 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 Town 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 Town 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 (1) year after the date of revocation. The Code
Enforcement Officer shall send Notices of Revocation to property owners and
shall file a copy with the Town Clerk.
§97.9 Application for Renewal of Permit.
Renewal permits will be granted for an additional 2-year term if the following conditions are met:
A. Application for renewal of the Short-Term Rental permit shall be made thirty (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 an inspection performed by the Code
Enforcement Officer.
D. Any violations must be remedied prior to renewal of a permit for Short-Term Rental.
§97.10 Grounds for Suspension or Revocation of Permit.
A. The Code Enforcement Officer may immediately suspend a Short-Term Rental permit
based on any of the following grounds:
(1) Applicant has falsified or failed to provide information in the application
for a permit or the application for permit renewal.
(2) Applicant failed to meet or comply with any of the requirements of this
Chapter.
(3) Owner is in violation of any provision of the Code of the Town of
Canadice.
(4) 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.
(5) Any conduct on the premises, which disturbs the health, safety, peace
or comfort of the neighborhood or which otherwise creates a public
nuisance.
(6) Removal or disrepair of any safety devices such as, but not limited to,
smoke and carbon monoxide detectors, fire extinguishers and egresses.
§97.11 Appeals and Hearings.
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.
Section V. Validity and Severability
Should any word, section, clause, paragraph, sentence, part or provision of this local law be
declared invalid by a Court of competent jurisdiction, such determination shall not affect the
validity of any other part hereof.
Section VI. Repeal, Amendment and Supersession of Other Laws
All other ordinances or local laws of the Town of Canadice which are in conflict with the
provisions of this local law are hereby superseded or repealed to the extent necessary to give
this local law force and effect during its effective period.
Section VII. Effective Date
This Local Law will take effect upon filing in the office of the New York State Secretary of State;