Elbridge Town City Zoning Code
ARTICLE XVIII
Short-Term Rentals
[Added 7-27-2023 by L.L. No. 2-2023]
§ 265-100 Definition.
A residentially zoned property that is rented to a visitor for less than 30 days.
§ 265-101 Registration of short-term rental properties; fees.
In addition to all other applicable provisions of this Town Code, all owners of one or more short-term rental properties must complete a registration form, in a form acceptable to the Town Building, Codes and Zoning Office, and are required to pay annual registration fee of $100.
The initial registration fee shall be submitted along with the registration form, and for each subsequent year that the owner intends to rent the dwelling as a short-term rental property, annual registration fees shall be due and payable upon the anniversary date of the filing of the initial registration form.
If an owner intends to rent more than one dwelling within the Town as a short-term rental property, a separate registration fee must be paid for each dwelling.
The Town Board may, from time to time, modify the registration fee.
§ 265-102 Violations.
An owner of a short-term rental property violates this article whenever:
The owner rents the dwelling as a short-term rental property without completing a registration form and/or remitting payment of all applicable fees pursuant to § 265-101.
The short-term rental property is cited for a violation of the New York State Property Maintenance Code or any other applicable federal, state or local statute or regulation.
§ 265-103 Enforcement.
The Code Enforcement Officer of the Town of Elbridge shall have the authority to determine whether the owner of a short-term rental property has violated this section, and to enforce his or her determinations pursuant to § 265-102 of the Town Code of the Town of Elbridge. Violations of this section may be determined by the Code Enforcement Officer's firsthand observations, or after an investigation upon a complaint from a resident of the Town of Elbridge. Complaints must be in writing and include the date, time and nature of the alleged violation as well as the address where the alleged violation occurred.
§ 265-104 Suspension or revocation after multiple violations.
If the owner(s) of a short-term rental property are found to have violated any provision of this section on two or more occasions, the Code Enforcement Officer shall have the authority to suspend or revoke the registration of any short-term rental property where such violations shall have occurred.
§ 265-105 Appeals.
Upon receipt of a determination of the Code Enforcement Officer, pursuant to this section and Chapter 265, Article XIII, of the Town Code of the Town of Elbridge, the short-term rental property owner shall have the right to appeal said determination within 30 days. The appealing owner shall make a written request for a hearing to the Town Clerk, and the Town Board shall hear the appeal at its next regular meeting, during which time the decision of the Code Enforcement Officer shall be stayed. At the hearing, the Town Board shall accept evidence offered by the property owner, the Code Enforcement Officer and any other witness with relevant evidence. After the hearing, the Town Board shall decide the appeal, and, in so doing, may uphold the Code Enforcement Officer's decision, reject it or modify it.
§ 265-106 Penalties.
Any person or entity acting in violation of the provisions of this article shall be guilty of an offense punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both. Each day of continuance of a violation shall be considered a separate offense. In addition to such penalties, the Town of Elbridge may enforce this article by injunction and/or such other appropriate civil remedies as may be available.
§ 265-107 Compliance with tax laws.
All owners offering a short-term rental must comply with all applicable local, state and federal tax requirements.