[HISTORY: Adopted by the Town Board of the Town of Monroe
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2022 by L.L. No. 1-2022; amended 3-6-2023 by L.L. No. 4-2023]
This chapter is intended to protect the health and safety of
Town residents and visitors as follows:
A.
Allow and regulate transient rental uses of residential dwellings;
and
B.
Protect and preserve the Town's appropriately balanced commercial
and residential nature and unique, tranquil neighborhood character
as enacted by the Town's zoning, subdivision, property maintenance
and related local laws; and
C.
Protect and ensure the safety of its current and future residents
as well as those traveling to or visiting in the Town; and
D.
Prevent to the greatest extent practicable public safety risks, including,
but not limited to, noise, trash, traffic, and parking impacts associated
with unregulated short-term rental of dwellings.
A.
It shall be unlawful for any person to rent or offer to rent a short-term
rental within the Town of Monroe without first obtaining a short-term
rental permit.
B.
It shall be unlawful for any person to rent or offer to rent any
portion of a residential lot or use accessory thereto, including but
not limited to pools, yards, tents, driveways, lake, lake rights,
docks or beaches, without also renting the exclusive right of occupancy
for the principal dwelling located on the lot pursuant to this chapter.
A.
Eligible properties and structures. Permits shall only be issued
for one single-family detached dwelling per lot. No more than one
short-term rental permit shall be approved for any lot. For lots containing
more than one structure utilized as dwellings, one structure may be
permitted as a short-term rental, where the other structure is the
permanent residence of the permit holder occupied on a nontransient
basis.
B.
Qualifications for permit holder. The permit holder shall be a natural
person:
(1)
Holding a minimum of a 50% interest in the legal title to the lot
on which the short- term rental is located; or
(2)
Who is the duly authorized representative of the entity holding a
minimum of a 50% interest in the legal title to the lot on which the
short-term rental is located, and which natural person shall be authorized
by 50% or more of the controlling interest in the entity holding more
than 50% interest in the legal title.
C.
Multiple permit eligibility. A permittee may hold no more than one
short-term rental in the Town for a probationary period of 36 months
from first permit issuance unless they have been a full-time resident
and property owner in the Town for at least three years. After the
probationary period, a permit holder may apply for one additional
permit per year so long as there have been no revocations or denials
of renewal of any permits held by the permit holder within the preceding
24 months.
D.
Private restrictions on short-term rentals. The applicant shall provide
with the application copies of any applicable homeowners' or
condominium association bylaws or rules and any other applicable private
conditions, covenants, or restrictions, including lake rights. If
a proposed short-term rental home property is subject to such conditions,
covenants, or restrictions, then correspondence from the association
or other entity responsible for their enforcement is required. The
correspondence shall include specific conditions that determine whether
the proposed short- term rental home use is allowed. Upon receipt
of an application, the Building Inspector shall forward such correspondence
to the Town Attorney, who shall review the restrictions and advise
the Building Inspector on whether there are any legal restrictions
preventing issuance of the permit, in which case the Building Inspector
shall deny the permit. The Town of Monroe shall not be bound by any
private conditions, covenants, or restrictions upon the subject parcel.
Any private limitations may be enforced against the property owner
through appropriate civil action.
A.
The permit holder shall serve as manager of the short-term rental,
except that the permit holder may designate:
(1)
An immediate adult family member of the permit holder to serve as
manager. Immediate family includes a person's parents, spouse,
siblings, stepparents, stepchildren, children and their children's
spouses.
(2)
An individual with an active real estate license from the State of
New York to serve as manager.
(3)
A nontransient occupant of the lot containing the short-term rental
who resides on the lot as the occupant's principal residence.
(4)
An adult to serve as a temporary manager for up to 45 days in a twelve-month
period.
B.
Management responsibilities. The manager of the short-term rental
shall be required to execute the following responsibilities:
(1)
Notify the Town Building Department and the immediate adjacent neighbors
of any designation of an individual as a manager under this section,
including a statement of the designated manager's tenure, residential
and business addresses, and telephone numbers, and notify same of
any change in the manager's addresses or telephone numbers.
(2)
Be accessible to guests, neighbors, and Town or county agencies at
any time that the short-term rental is being leased for transient
occupancy. For purposes of this section, "accessible" means being
able to answer the telephone at all times, being able to be physically
present at the short-term rental home within two hours following a
request by a guest, a neighbor within 500 feet, or a Town or county
agency, and having an office or residence within 90 driving miles.
(3)
Ensure compliance with Orange County Department of Health regulations,
this chapter, permit conditions, and other applicable laws and regulations.
(4)
Enforce the house policies.
(5)
Collect all rental fees.
A.
House policies shall be prominently displayed within the dwelling
during occupancy by short-term rental tenants. The house policies
shall also be included in the rental agreement, which shall be required
to be signed by the rental contract holder. At a minimum, the house
policies shall include:
(1)
Quiet hours from 9:00 p.m. to 8:00 a.m. Sunday evening through Friday
morning and 10:00 p.m. to 9:00 a.m. Friday evening through Sunday
morning, during which time the noise from the short-term rental home
shall not unreasonably disturb adjacent neighbors. Sound that is audible
beyond the property boundaries during nonquiet hours shall not be
more excessive than would be otherwise associated with a residential
area.
(2)
Amplified sound that is audible beyond the property boundaries of
the short-term rental home is prohibited during quiet hours.
(3)
Vehicles shall be parked in the designated on-site parking area and
shall not be parked on the street.
(4)
Parties or group gatherings by persons other than the short-term
rental tenants are not allowed.
(5)
No more than one daytime guest is permitted per two overnight occupants,
and any daytime guest must depart prior to the start of quiet hours.
(6)
In the event of a complaint received by the Town, the property is
subject to inspection by the Town Code Enforcement Official within
24 hours, and any rental tenant must not interfere with the inspection.
B.
Term of short-term rental. No short-term rental contract shall be
for a term of less than 24 hours.
C.
Occupancy limitation for lots of more than five acres and where permittee
is residing on-site during the duration of the short-term rental.
The maximum number of overnight occupants shall be no greater than
the least of the following standards, which will be noted on any issued
permit:
D.
Occupancy limitation under all other circumstances. The maximum number
of overnight occupants shall be no greater than the least of the following
standards, which will be noted on any issued permit:
E.
Remote digital monitoring of occupancy. Where a short-term rental
is rented or intended to be rented for transient occupancy during
periods when the manager is not residing on-site, the site shall be
digitally monitored by the manager to ensure compliance with the maximum
number of allowable guests and visitors entering the premises, and
to provide evidence to the Building Inspector of such compliance should
he or she need to investigate complaints. Digital monitoring shall
include outdoor cameras adequate in number, location and view angle
to monitor arrivals and departures at the property. Digital video
recordings shall be taken during times when the property is rented
and kept for a minimum of 30 days, and copies shall be provided to
the Building Inspector upon request. Notice of locations and purpose
of cameras shall be provided to renters as well as disclosure of audio
recording, if any.
F.
Short-term rental occupancy shall not be permitted in any vehicle,
trailer or camper, and sleeping accommodations shall not be provided
in a tent or other temporary structure.
G.
Exclusive short-term use. There shall only be one short-term rental
tenant at any time for any property permitted under this chapter.
A nontransient owner or tenant and their family residing at the property
as their principal residence may continue to occupy the residential
lot during the tenancy of a short-term rental tenant, so long as the
total occupancy limitation is not exceeded.
H.
Lodging taxes. The permit holder shall be responsible for collecting
and remitting any required lodging and/or sales taxes on the short-term
rental fee, as required by local, county, state or federal law.
I.
Insurance. Permit holders shall maintain liability insurance for
injuries or damage caused by rental guests in an amount determined
by the Town Board, as amended from time to time and noted in a schedule
to be maintained by the Town Clerk.
J.
Fire safety. An initial inspection to ensure compliance with the
Residential and Fire Codes of New York State shall be required prior
to issuance of a short-term rental permit, and a follow-up inspection
shall be required annually. Inspection fees shall be set from time
to time, according to a fee schedule adopted by the Town Board and
noted in a schedule to be maintained by the Town Clerk. In addition
to any requirements of the Residential and Fire Codes of New York
State, the following standards shall be met:
(1)
A hard-wired fire alarm shall be installed in all bedrooms, kitchens
and living spaces. As an alternative to a hard-wired system, a Wi-Fi-based
system will be permitted with cellular backup.
(2)
A fire extinguisher shall be installed in any kitchen and within
10 feet of any fireplace, fire pit, outdoor fire feature or outdoor
grill.
(3)
The fire inspector shall verify that adequate access is afforded
to the property for emergency vehicles.
L.
Safe access. Hard-surfaced walkways equipped with low-level lighting
shall be provided from the driveway where parking is afforded to the
entrance to the short-term rental.
M.
Compliance inspection. As an ongoing condition of the permit, the
manager of the premises shall make the premises fully available to
the Code Enforcement Officer or duly authorized deputy within 24 hours
of receipt of a request by phone, regardless of whether the premises
are currently occupied.
A.
Applicants shall submit an application for a short-term rental permit
to the Building Inspector in accordance with the provisions of this
section. Permit applications shall include all of the following information,
unless waived by the Town Board upon appeal by the applicant:
(1)
The name, address, and telephone number of the applicant.
(2)
Verification of property ownership, or affidavit of ownership and
authorization by at least 50% of persons or entities holding controlling
interest in the property.
(3)
The street address of the location and the Tax Map section, block,
and lot number of the lot on which the proposed short-term rental
is situated.
(5)
A property survey certified to the current owner identifying the
following key features. The applicant may substitute a survey certified
to a previous owner prepared within the last 10 years, annotated to
any minor changes and subject to a determination by the Building Inspector
that the survey provides a depiction of the approximate disposition
of the property. The application may appeal a determination of the
Building Inspector on this matter to the Town Board. The survey must
depict:
(6)
A site plan and as-built floor plan drawn to scale and prepared by
a licensed New York State professional (architect, engineer or land
surveyor). In lieu of a professionally prepared site plan and floor
plan, the applicant may elect to provide a hand-drawn markup of the
certified property survey, along with an approximate hand-drawn schematic
floor plan, so long as the Building Inspector finds upon field inspection
that the hand drawings are legible and reasonably portray existing
and proposed conditions. The applicant may appeal a determination
of the Building Inspector on this matter to the Town Board. The site
plan and floor plans must portray:
(a)
The location of proposed off-street parking spots.
(b)
The location of any yard or interior spaces whose access will
be restricted to short-term tenants.
(c)
The location and height of proposed fences, berms, and landscape
planting buffers.
(d)
Approximate treeline of wooded areas or location and diameter
at breast height of individual trees providing substantial screening
to adjacent residences or other land uses.
(e)
Location of all proposed accessory structures and uses, including
pools, decks, sheds, awnings, cupolas.
(f)
Location of any exterior firepit or fire feature.
(g)
Designation of bedrooms, kitchen, bathrooms, and other demised
interior spaces.
(h)
Location of proposed and existing hard-wired smoke detectors,
fire extinguishers and any other fire safety equipment or facilities.
(i)
Location of points of egress, including egress windows.
(j)
Proposed location of remote digital monitoring cameras and approximate
angle of aim.
(k)
Any other information deemed necessary by the Building Inspector.
(7)
A list of the names and addresses of the owners of record (and lessees
of record in the event that such information is available from the
Town) within a 500-foot radius of the lot of the proposed short-term
rental.
(8)
A certification form signed by the owner of the property attesting
to the following:
(a)
That if the owner has previously or is currently advertising
the short-term rental that is the subject of the application, the
owner shall actively continue to pursue approval of the short-term
rental and will not commence, any additional advertising until a permit
is approved.
(b)
The owner either has no financial interest in any other property
within the Town of Monroe associated with a short-term rental permit;
or, if the owner has a financial interest in a property that is subject
to a short-term rental home permit, the nature of the financial interest
and the property address, along with a copy of the valid permit for
that property.
(c)
The owner has paid, or will pay, all fines that have been assessed
by the Town, including those assessed because of a notice of violation
previously issued to the owner for unpermitted short-term rental use
or activity, prior to the processing of the short-term rental home
permit application.
(d)
All statements made by the owner on the certification form and
provided during the short-term rental home permit application process
are correct to the best of the owner's knowledge.
(e)
The owner acknowledges that any false information or misrepresentations made in the application or during the application process shall result in an enforcement action pursuant to § 40-10.
(f)
A statement as to whether or not the owner also occupies the
property where the short-term rental is located.
(9)
Proof of mailing of the notice of application.
(10)
Proof of mailing to all proper taxing authorities.
(11)
Certificate of liability insurance form prepared by a licensed insurance
agency.
(12)
Additional information as may be requested by the Building Inspector.
(13)
Permit application fees, inspection fees, and permit renewal fees
as set forth in the schedule adopted by the Town Board, as amended
from time to time and filed in the office of the Town Clerk.
B.
Notice of application. All applicants shall send, by regular mail
with proof of mailing, written notice of the application for a short-term
rental permit to the owners of record (and lessees of record where
such information is available from the Town) located within 500 feet
of the lot proposed for a short-term rental permit. The written notice
shall be prepared on a form provided by the Building Department, and
shall include all of the following:
(1)
A description of the proposed short-term rental operation.
(2)
The location of proposed on-site parking.
(3)
The total number of bedrooms and the maximum occupancy proposed for
short-term rental.
(4)
The street address of the proposed short-term rental.
(5)
The name, address, telephone number, and email of the proposed short-term
rental manager that noticed property owners or lessees may contact
if they wish to report any issues or file a complaint regarding any
nuisance or violation of this chapter.
(6)
A description of how the recipient may file an objection to the permit
issuance, in writing, within 30 days of receipt of the notice.
(7)
For purposes of this chapter, notice shall be considered valid if
the Building Inspector finds that the applicant has made a good faith
effort to comply with the requirements of this section.
A.
Upon receipt of a new short-term rental home permit, the Building
Inspector shall review the application for compliance with the requirements
of this chapter and notify the applicant of any application deficiencies
within seven calendar days.
B.
Upon confirmation of a complete application, the Building Inspector
shall review the application against the Residential and Fire Codes
of the State of New York and conduct an inspection of the premises
within 21 days.
C.
The Building Inspector shall determine compliance with the Residential
and Fire Codes of the State of New York and advise the applicant of
any deficiencies within three days of the inspection. Any resubmission
shall be subject to reinspection and report within seven days.
D.
Upon a satisfactory inspection, the Building Inspector shall forward
the application to the Town Board along with any objections to permit
issuance received.
E.
Upon receipt of an application for a first permit issuance of an
STR for which an objection has been received, the Town Board shall
schedule a public hearing on the permit at a regularly scheduled Town
Board meeting, no less than 14 days and no more than 45 days from
application receipt. The Town Board shall require that the applicant
mail notice of the hearing, in a form prescribed by the Town Clerk,
to all residents within 500 feet of the subject property. The Town
Board may waive the public hearing if no objections are received and
shall instead schedule the application for consideration at a regularly
scheduled meeting no more than 45 days from application receipt.
F.
In determining whether to authorize the permit, the Town Board shall
consider the information in the application, the testimony of the
Building Inspector, the testimony of the application and the testimony
of any objecting neighbors and the applicant, and shall authorize
the permit where it finds the following standards are met:
(1)
Adequate parking facilities are provided to meet the parking requirement
of four off-street parking spaces which are provided in a manner that
does not impact the residential character of the neighborhood.
(2)
If new construction or expansion is proposed, the size of the structure
proposed for this use is generally consistent with residences located
within 500 feet, or it is so situated to not be seen as inconsistent
with the appearance of other area residences as viewed from any public
street or public park.
(3)
The structure and lot are conforming to the requirements of this
chapter or have received variances for any nonconformances and the
lot and structure are not considered existing nonconforming uses or
buildings.
(4)
Adjoining residences and their yards are generally afforded a reasonable
degree of privacy from view by occupants of the proposed vacation
residence or partial vacation residence by the imposition of landscaping
and privacy fencing.
(5)
The number of permitted short-term rentals surrounding the proposed
property are not excessive in number so as to result in adverse character
impacts to principal residences in the neighborhood.
H.
Issuance of an STR permit shall be deemed a Type II action pursuant
to 6 NYCRR 617 (State Environmental Quality Review).
A.
The first issuance of a short-term rental permit for any property
shall remain in effect for three years from the date of issuance.
B.
A renewed permit will remain in effect for five years from the date
of issuance. It shall be the responsibility of the permit holder to
submit a renewal application a minimum of 60 days prior to the expiration
of their existing permit.
Any false information or misrepresentations made in the application
or during the application process shall result in an enforcement action
pursuant to this chapter and may lead to the denial of an application
or revocation of the permit. Where an application is denied or permit
revoked based on this provision, the individual making such false
information or misrepresentations shall be barred from applying for
any new short-term rental permit for a period of 24 months. Additionally,
where this provision results in the revocation of a short-term rental
permit, the subject premises associated with the permit shall be barred
from receiving a short-term rental permit, regardless of applicant,
for a period of 24 months following the revocation for false information
or misrepresentation.
Substantive amendments to a permit, including but not limited to an increase in the number of bedrooms used for short-term rental purposes, shall be processed in the same manner as an initial, new application, but upon approval shall not be deemed to restart the probationary term as described in § 40-4C.
A.
The information required for a renewal is the same as for an initial
permit issuance, except that the Building Inspector may waive any
requirement other than notification of the renewal application to
neighbors upon an inspection of the premises and a finding that the
original application material is still valid and circumstances have
not changed.
B.
A compliance inspection shall be conducted prior to granting a renewal
and within 21 days of receipt of a complete application for renewal.
C.
The permit shall be renewed by the Building Inspector with no further
action required by the Town Board if the following standards are met:
A.
Upon receipt of a complaint or observation of noncompliance with
the requirements of this chapter, the terms of the short-term rental
permit or the requirements of the Residential or Fire Codes of the
State of New York, the Town Code Enforcement Official may contact
the manager of the short-term rental and arrange for a property inspection
and investigation of the complaint within 24 hours.
B.
After inspection and upon issuance of a notice violation of the requirements
of this chapter, the terms of the short-term rental permit, or the
Residential or Fire Codes of the State of New York, the Code Enforcement
Official shall suspend the short-term rental permit.
C.
Suspension. While a short-term rental permit is suspended, the permit
holder is barred from renting or offering to rent the subject premises,
except that the Code Enforcement Official may allow the permit holder
to continue renting and operating the premises for a term of no more
than 30 days, where the following conditions are met:
(1)
The observed or suspected violation, if proven, would not result
in significant risk to the health or safety of persons or property.
(2)
The permit holder will not offer the premises for rent and will not
sign any new rental contracts.
(3)
If the violations cannot be verified to be remedied within 30 days,
the permit holder will cancel any rental that is not scheduled to
commence within 21 days.
D.
Time to remedy. The permit holder shall have 60 days from suspension
of the permit to remedy any violations issued by the Code Enforcement
Official.
A.
The Building Inspector may revoke or decline to renew a short-term
rental permit where she or he finds that any of the following criteria
are met:
(1)
The permit holder provided false or misleading information during
the application process, during a compliance inspection, or in connection
with an investigation of violation by the Code Enforcement Official.
(2)
The permit holder is delinquent in payment of state or county taxes,
fines, or penalties assessed in relation to the short-term rental.
(3)
An unresolved violation existed beyond the time to remedy.
(4)
The permit holder was found guilty of any felony or misdemeanor occurring
on the premises of the short-term rental or involving tenants or guests
to the short-term rental.
(5)
The subject premises were rented for transient occupancy while its short-term rental permit was lapsed, suspended, or revoked, except as otherwise permitted by § 40-13.
A.
Advertising or any communication that offers a property as a short-term
rental home shall constitute prima facie evidence of the operation
of a short-term rental home on the property and the burden of proof
shall be on the owner, operator, or lessee of record to establish
that the subject property is being used as a legal short-term rental
home or is not in operation as a short-term rental home.
B.
Advertising for a short-term rental home without a valid permit number
is prohibited and constitutes a violation of this chapter, provided
that:
(1)
The alleged violator and the property owner shall be notified that
all advertising without a valid permit number shall be terminated
within seven days of the notice.
(2)
Enforcement action pursuant to this chapter, including fines, may
commence if advertising without a valid permit number continues after
such warning.
C.
Operating a short-term rental without a valid permit is prohibited.
Evidence of operation may include advertising, guest testimony, online
reviews, rental agreements, receipts, or any other information deemed
relevant by the Code Enforcement Official. Operating without a permit
more than seven days after receipt of a notice of violation shall
result in a property being made ineligible for a short-term rental
permit for 24 months.
A short-term rental permit is not transferable, except that
upon the death of a permit holder, the permit will transfer to an
immediate family member or family members, where those family members
inherit ownership of a minimum of a 50% interest in the legal title
to the property that is the subject of the short-term rental permit.
Immediate family includes a person's parents, spouse, siblings,
stepparents, stepchildren, children, and their children's spouses.
[Adopted 2-6-2023 by L.L. No. 3-2023]
As used in this article, the following words shall have the
meanings indicated:
A building primarily providing sleeping and/or residential
quarters for large numbers of people including but not limited to
boarding schools, college or university students.
Any residential area, space, or housing unit in any zoning
district which is occupied for habitation as a residence by persons
other than the owner or the owner's immediate family.
For the purpose of this article immediate family shall mean as set forth in § 57-3 (Family).
An independent New York State trained and certified code
enforcement inspector, who is not employed by the Town of Monroe or
is an employee of the owner of the property being certified.
Any individual, business entity, enterprise, trust, association,
public utility or other legal entity responsible for the maintenance
or operation of any residential rental property.
A building or portion thereof that is utilized or occupied
for more than one use or purpose. This article shall apply only to
the dwelling units contained within mixed-use occupancy buildings.
A building or portion thereof designed for or occupied by
three or more family units living independently of each other.
Any person, business entity, or association who, alone or
jointly with others, holds a fee interest in real property with or
without accompanying actual possession thereof; or a managing agent
who is responsible for the maintenance and/or operation of real property;
or an executor, administrator, trustee, receiver or guardian of an
estate; or a mortgagee who has secured a judgment of foreclosure and
sale, or who is in possession, title or control of real property,
including but not limited to a bank or lending institution, regardless
of how such judgment, possession, title or control was obtained.
Dwelling unit(s) in one and two family homes, multiple residences,
dormitories, and mixed-use occupancy buildings in any zoning district
which are occupied for habitation as a residence by persons other
than the owner or the owner's immediate family and for which
a fee or other compensation is received by the owner or managing agent,
directly or indirectly, in exchange for such residential occupation.
The term "rental property" shall exclude properties used solely for
nonresidential purposes; one family homes which continue to be the
primary and permanent residence of the owner but are leased or occupied
by one other than the owner or owner's immediate family for six
months or less in any calendar year; two-family homes where the owner
or a member of the owner's immediate family resides in one of
the two dwelling units; short-term rentals; legal habitable dwellings
detached from the main residence of the owner or owner's immediate
family on the lot; multiple dwellings where the owner or owner's
immediate family reside on site; large multiple residence developments
or communities having approved bylaws and a homeowner's association,
board or similar management organization on-site with jurisdiction
over rental property, and the on-site office is manned during regular
business hours and has an emergency hotline available for use during
nonbusiness hours; those having valid accessory dwelling unit permits;
any property owned and/or operated by the United States, the State
of New York, the County of Orange, Town of Monroe and their respective
agencies and political subdivisions; any property managed or operated
by a not-for-profit organization to provide community-based housing
in compliance with guidelines established by New York State, Orange
County, or the federal government, and the property is certified and
inspected by the requisite governmental agency pursuant to said guidelines.
A.
By owner or managing agent.
(1)
It shall be unlawful for the owner or managing agent to lease or
rent, or offer to lease or rent, any rental property or dwelling unit
for which a valid rental permit has not been issued pursuant to this
article. It shall be immaterial whether or not rent or any other consideration
is paid or tendered to the owner or managing agent by the occupant
of such dwelling unit or rental property; and
(2)
It shall be unlawful for the owner or managing agent to submit for
filing pursuant to this chapter false or misleading statements or
information, or to submit for filing a certification or other document
generated by one who did not inspect all portions of the rental property;
and
(3)
It shall be unlawful for the owner or managing agent to allow for
the parking of more vehicles on the property than there are bedrooms
in the rental property.
(4)
It shall be unlawful for the owner or managing agent to allow for
the parking of more than one commercial vehicle on the property, which
for the purposes of this section shall be defined to include any for-hire
vehicle, recreational vehicle, travel trailer or boat.
(5)
It shall be unlawful for the occupancy of any one bedroom to exceed
two persons.
(6)
It shall be unlawful to rent only one room in the rental property
to a tenant.
(7)
It shall be unlawful for the owner or any renter to sublet the rented
area to another person.
(8)
It shall be unlawful for any business to operate from a residential
rental property.
(9)
It shall be unlawful for any one person or entity to own more than
three residential rental properties within the Town of Monroe. Principals
with common ownership in more than one entity owning or operating
a residential rental property in the Town shall be considered to be
one entity.
B.
By engineer, architect and other consultant.
(1)
It shall be unlawful for any engineer, architect or other consultant
including an independent state certified code enforcement official
to generate or produce a certification or other document for filing
pursuant to this chapter containing false or misleading statements
or information; or
(2)
To generate a certification without entering into and/or inspecting
all portions of the rental property.
(3)
Nothing herein shall be deemed to prevent or limit prosecution of
any individual under the New York State Penal Law or other statutes
concerning false documents or filings.
A.
The presence or existence of any of the following shall create a
rebuttable presumption that rental property or a dwelling unit is
being rented. Nothing herein shall be construed so as to prevent persons
from living together as a family unit with the owner.
(1)
The property is occupied by someone other than the owner, and the
owner or managing agent of the property represents in writing or otherwise,
to any person or establishment, business, institution or government
agency, that he resides at an address other than the rental property.
(2)
Persons living in the rental property or dwelling unit represent
that they pay rent to the owner of the premises.
(3)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner.
(4)
Testimony by a witness with personal knowledge of the facts that
a person other than the record owner resides at the premises.
(5)
There is more than one mailbox at the premises.
(6)
There is more than one gas meter at the premises.
(7)
There is more than one electric meter at the premises.
(8)
There are separate entrances for segregated parts of the building.
(9)
There are partitions or internal doors which may serve to bar access
between segregated portions of the building including but not limited
to bedrooms.
(10)
There exists a separate written or oral lease, or rental or
occupancy agreement, or payment arrangement for portions of the rental
property between the owner or managing agent and the different occupants
and/or tenants of the property.
(11)
There exists an inability of any occupant or person in possession
thereof to have unimpeded and/or lawful access to all parts of the
rental property or rental unit.
(12)
Two or more kitchens each containing one or more of the following:
a range, oven, hotplate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator. This
factor alone shall not be deemed presumptive where a second kitchen
exists for a religious reason.
A.
A rental permit and renewal thereof shall be valid for a period of
two years from the date of issuance unless sooner terminated. No permit
or renewal thereof shall be issued unless the property is in compliance
with all the provisions of the Code of the Town of Monroe, and meets
the requirements of all applicable county, state and federal laws,
codes, rules and regulations.
B.
Nothing in this article, except in the case of an emergency pursuant
to § 23-23I or upon a warrant duly issued by a court of
law, shall be deemed to authorize or require that the Town conduct
an inspection of any property without the consent of the owner or
managing agent, if the dwelling unit or units are unoccupied, and
if occupied, with the consent of the occupant, owner or managing agent
of the property.
A.
The owner or managing agent of rental property or a dwelling unit
shall apply for a rental permit before the property or dwelling unit
is advertised for rent or if the vacancy is not advertised then such
permit shall be obtained before the premises are leased or occupied
by one other than a member of the owner's immediate family. The
rental permit number shall be noted on the advertisement. Failure
to file an application or to apply within the specified period shall
be deemed a violation of this article.
B.
Transfer of property. In the event ownership of rental property is
transferred to a new owner, the new owner or managing agent shall
apply for a rental permit within 30 days of the closing of title if
any portion of the property is rented or leased at the time of closing.
If an application is not filed by the new owner, there shall be a
presumption that any rentals on the property have terminated. Any
rentals by the new owner without application for and receipt of a
permit shall be a violation of this article.
C.
Application. Applications for rental permits shall be on forms provided
by the Town Building Department and signed by each owner or managing
agent of the property and must be submitted with an application fee
as set forth in the Town Fee Schedule. In no instance shall the filing
of an application and payment of fees be construed as to exonerate
the owner or managing agent of responsibility for compliance with
the building, housing and maintenance requirements of any local, county,
state or federal agency having jurisdiction. Each application shall
include the following information as is determined applicable in the
discretion of the Building Inspector:
(1)
A copy of the latest deed to the property; and
(2)
Latest survey of the property, if available or a plot or schematic
showing the size and location of the lot and all buildings and structures
thereon; and
(3)
Government issued proof of residency of each owner with picture ID
(driver's license, passport, etc.), and the address and contact
number thereof; and
(4)
The name, address and contact number of the managing agent, if applicable;
and
(5)
A signed and notarized certification in a form acceptable to the
Building Inspector by each property owner or managing agent attesting
to the total number of persons occupying each rental property or rental
unit owned or managed by the registrant as of the date of registration;
and
(6)
Location of the premises, the number of dwellings units located therein,
and number of persons to be accommodated; and
(7)
A floor plan of each dwelling unit and the accommodations; and
(8)
The maximum number of vehicles expected to be parked on the property,
including the occupants of the rental unit, and the number of vehicle
spaces available on the property.
(9)
Where the applicant is an corporate entity or partnership, an entity
disclosure form as required by Town Code § 23-11.1 as well
as proof of authorization to do business in the State of New York.
(10)
A certification from an independent professional engineer or
registered architect, other than the property owner, licensed in the
State of New York and containing their seal, or the certification
of the Town Building Inspector/Code Enforcement Officer, or of an
independent state certified code enforcement official, attesting that
the property at issue is in compliance with the Monroe Town Code,
and meets the requirements of all applicable county, state and federal
laws, codes, rules and regulations.
(11)
Such other information and/or documentation deemed necessary
by the Building Inspector, which may include:
(a)
If the owner is an estate, the names, business and residence
addresses of the executor or administrator of the estate shall be
provided;
(b)
If the owner is a trust, the names, business and residence addresses
of all trustees and/or grantors shall be provided;
(c)
If the owner is any other form of unincorporated association,
the names, business and residence addresses of all principals/officers;
(d)
If the owner is an individual person, the names, business and
residence addresses of that individual person shall be provided.
(e)
If none of the persons listed in Subsection C(11)(a) through (d) above are within the State of New York, the registration statement shall provide the names, business and residence addresses of a person who resides within the State of New York and who is authorized to accept service of process on behalf of the owner(s). Registration statement shall designate a responsible local party or agent for purposes of notification in the event of an emergency involving the property which affects the public health, safety or welfare.
D.
Duty to amend. If the status of the information changes during the
course of any calendar year, it is the responsibility of the owner
or managing agent to submit such changes to the Building Inspector
in writing within 30 days of the occurrence of such change.
E.
Noncompliance. Failure of an owner or managing agent to secure a
rental permit or to timely amend information shall constitute a violation
of this article.
A.
Application fee. A nonrefundable application fee as set forth in
the Town Fee Schedule shall be payable upon application.
B.
Initial approved permit fee. A nonrefundable approved permit fee
as set forth in the Town Fee Schedule shall be payable before an initial
rental permit or renewal permit is issued.
C.
Renewal fee. A nonrefundable application fee as set forth in the
Town Fee Schedule shall be submitted by the original applicant.
D.
Late charges. A late charge equal to two times the amount of the
permit fee, prorated for the period of delay, shall be charged to
owners and/or managing agents who fail to apply for a rental permit
or renew their permits on a timely basis.
E.
Inspections. If the owner requests that an inspection or reinspection
be performed by the Town Building Department instead of a licensed
professional engineer or registered architect, a nonrefundable fee,
as set forth in the Town Fee Schedule shall be charged. If the property
owner or his agent fails to appear for a scheduled inspection, any
rescheduled inspection shall be subject to payment of another inspection
fee.
F.
Compliance required.
(1)
Nothing in this article, except in the case of an emergency pursuant
to § 23-23I or upon a warrant duly issued by a court of
law, shall be deemed to authorize or require that the Town conduct
an inspection of any property without the consent of the owner or
managing agent, if the dwelling unit or units are unoccupied, and
if occupied, with the consent of the occupant, owner or managing agent
of the property.
A.
A rental permit may be renewed by application to the Building Inspector
as in the case of an original permit application, along with submission
of the required fee set forth in the Town Fee Schedule and submission
of any documents required by the Town Building Inspector.
B.
All applications for a renewal of a permit shall be filed before
the expiration of the original permit and are subject to the late
charges set forth in the Town Fee Schedule. A permit may only be renewed
by the same owner for the same property upon the payment of the permit
renewal fee set forth in the Town Fee Schedule. In the event of a
change of ownership where the new owner seeks a rental permit, the
initial application fee and initial approved permit fees set forth
in the Town Fee Schedule shall apply to the new owner.
C.
All applications for renewal of a permit shall require a certification
from an independent professional engineer or registered architect,
other than the property owner, licensed in the State of New York and
containing their seal, or the certification of the Town Building Inspector
attesting that the property at issue is in compliance with the Monroe
Town Code, and meets the requirements of all applicable county, state
and federal laws, codes, rules and regulations.
A.
Basis for denial. Any application for a rental permit, including the renewal or transfer of a permit, can be denied for the reasons set forth in § 40-36. In the event an application is denied, notice of denial shall be given in writing and served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the notice is returned by the post office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be deemed valid.
B.
Notice of denial. The notice of denial shall set forth the grounds
therefor and contain a statement that the applicant may appeal such
denial by filing a written request for an appeal thereof with the
Monroe Town Clerk within 20 days of receipt of the notice of denial
and notice that payment of the fee set forth in the Town Fee Schedule
shall be required to cover the costs of processing the appeal. The
notice shall also contain a statement that the applicant may submit
written objections to the denial, and any other information the applicant
deems advisable or necessary. The Town Clerk shall forward a copy
of the appeal to the Town Attorney and the Building Inspector for
further review and processing.
C.
Notice of hearing. Notice of the date, time and place of the hearing
shall be given in writing and served by registered or certified mail,
return receipt requested to the applicant at the address shown on
the application. The notice shall contain a statement that (1) the
applicant is entitled to be represented by legal counsel at the hearing
and may present the testimony of witnesses and such other evidence
in his or her own behalf as may be deemed relevant or necessary, and
(2) in the event the applicant fails to appear for the hearing, the
denial shall remain in full force and effect and be final.
D.
Conduct of hearing. The hearing shall occur before the Town Board
and may be adjourned by the Town Board only upon good cause shown,
unless otherwise agreed to between the Town and the applicant. At
the hearing the applicant shall be entitled to be represented by legal
counsel and provided with an opportunity to be heard. The applicant
may present the testimony of witnesses, experts and other evidence
in his or her own behalf as he or she deems advisable. The Building
Inspector, Code Enforcement Officer or other witness may appear and
give testimony or submit evidence in support of the determination
to deny a permit, or to deny the transfer or renewal of same, as deemed
necessary by the Town. All hearings shall be recorded either by a
stenographer or by an audio recording.
E.
Town Board review. The Town Board shall consider the evidence presented
and shall submit its findings in writing within 30 days of the close
of the hearing. A copy of the Town Board's written determination
shall be filed with the Building Inspector and the Monroe Town Clerk
and served on the applicant or applicant's attorney in the same
manner as the original notice.
F.
Final order. The failure of the applicant or his attorney to appear
and participate at the scheduled hearing shall result in the automatic
affirmance of the denial. The final order of denial shall be served
upon the applicant or applicant's attorney in the same manner
as the original notice of denial.
G.
Reapplication for a permit. Once an application has been denied,
no reapplication for a permit, or a renewal or transfer of a permit,
shall be accepted for filing until the applicant has satisfactorily
remedied the conditions that formed the basis for denial to the satisfaction
of the Town.
A.
An application for the issuance of a rental permit may be denied,
including an application for the renewal or transfer of a permit,
under the following circumstances.
(1)
The rental property, or parts thereof, is determined to be unfit
for human habitation or occupancy or a hazard to the public because
of the failure of the owner or occupant to comply with notice(s) or
order(s) issued by the town, or due to a prolonged lack of maintenance
or owner failure; or
(2)
The rental property, or parts thereof, contains unsafe equipment,
wiring, pipes or other conduit or installation, or lacks illumination,
ventilation, sanitation, heat or other facilities adequate to protect
the health and safety of the occupants or the public; or
(3)
The rental property, or parts thereof, is damaged, decayed, dilapidated,
unsanitary, unsafe or infested in such a manner as to create a hazard
to the health and safety of the occupants or the public; or
(4)
The rental property, because of its location, general condition,
state of the premises, number of occupants or other reason, is unsanitary,
unsafe, hazardous, overcrowded or for other reasons is detrimental
to the health and safety of the occupants or the general public in
whole or part, including but not limited to the parking of a number
of vehicles that routinely exceeds the available parking on the site;
or
(5)
Occupancy of the rental property by the persons using the premises
creates a hazard or public nuisance or other condition which negatively
impacts the use and/or enjoyment of surrounding properties, or threatens
the peace and good order or quality of life in the surrounding community;
or
(6)
The certificate of occupancy or letter in lieu for the rental structure
is in the process of being suspended or revoked. In such cases, any
pending application for a rental permit, or for the renewal or transfer
of a permit, shall be held in abeyance pending the outcome of such
suspension or revocation proceeding, and the application shall be
denied if the certificate of occupancy or letter in lieu is ultimately
suspended or revoked. Any decision to deny an application for a permit,
or a renewal or transfer of same because of the suspension or revocation
of a certificate of occupancy or letter in lieu shall be final.
(7)
The existence of any other condition or circumstance which, in the
opinion of the Town is dangerous, illegal, unsafe or jeopardizes the
health, welfare and safety of the general public or occupants.
(8)
More than 10 existing residential rental permits within one square
mile of the applicant's proposed residential rental property.
B.
Notwithstanding anything contained herein to the contrary, the Building
Inspector, or his designee, as the circumstances warrant and on a
case by case basis, may authorize a short extension of time to allow
the property owner to rectify a minor condition or irregularity on
the property prior to denying the application outright, including,
for example, the installation of working smoke detectors and carbon
monoxide detectors. Nothing contained herein shall authorize the Building
Inspector to permit a property owner or person in charge of the property
time to rectify an illegal extension, alteration, conversion, use
or other change made in violation of the Town Code or other applicable
law or rule. In such event, the application shall be denied and a
notice of violation, notice to comply, notice to remedy, and/or summonses
issued.
A.
Any permit issued pursuant to this chapter may be revoked by the
Town, under the following circumstances:
(1)
The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing, including but
not limited to the schematic, or certification by the licensed professional
engineer or registered architect; or
(2)
The Town has suspended or revoked the certificate of occupancy or
letter in lieu for the rental property.
(3)
The property is the subject of enforcement proceedings for violations
of either the Town Code or State Building and Fire Code that have
not been timely remedied by the property owner and such violations
concern matters of health, safety and/or welfare of occupants of the
structure for which the rental permit was issued.
(4)
A certificate of occupancy for the property with the rental permit
is the subject of a pending proceeding by the Town to suspend or revoke
the certificate of occupancy or letter in lieu for such structure.
(a)
In cases where a rental permit has already been issued for such
property, a notice of the Town's intention to suspend or revoke
the certificate of occupancy or letter in lieu may be served simultaneously
with a notice of the Town's intention to revoke a rental permit,
either in one notice document or two.
(b)
When a rental permit is proposed for revocation due to the anticipated revocation or suspension of a certificate of occupancy or letter in lieu, the procedure set forth in Chapter 23 of the Town Code to suspend or revoke the certificate of occupancy or letter in lieu shall control and apply equally to the proposed revocation of the rental permit, except that any notice of the Town's proposal to revoke the rental permit shall cite this section as a basis for such action.
B.
Written notice. Written notice of the Town's intention to revoke
a rental permit shall be served by the Town Building Department by
registered or certified mail, return receipt requested, and by regular
mail, to the applicant at the address shown on the application. If
the notice is returned by the post office as undeliverable for any
reason, as long as it was properly addressed, service of the notice
shall be valid. Said notice shall state that the applicant is entitled
to be represented by legal counsel at the hearing and may present
the testimony of witnesses and such other evidence in his or her own
behalf as may be deemed relevant or necessary. In the event the permit
was issued in error or as a result of a false or misleading statement,
submission or certification, the notice shall identify the error,
omission, false or misleading statement or submission at issue; the
date, time and place of the hearing to be held before the Town Board
to revoke the rental permit; and a statement that upon the applicant's
failure to appear for the hearing, then in such event the rental permit
shall be automatically revoked.
C.
Amendment, modification or withdrawal. The Building Inspector or
Code Enforcement Officer may amend, modify or withdraw any notice
issued if, in his or her judgment, the circumstances warrant such
action provided the amended or modified notice is served in the same
manner as the original notice within five days of mailing the original
notice, and a hearing has not occurred, except that a notice may be
withdrawn in its entirety and not reissued at any time.
E.
Final order of revocation. The failure of the applicant or his attorney
to appear at the scheduled hearing shall result in the automatic revocation
of the rental permit. The order of revocation shall be mailed to the
applicant or his attorney in the same manner as the original notice.
F.
Effect of revocation. If a permit is revoked, no application for
a new permit will be accepted for filing until the applicant has remedied
the conditions that formed the basis of the revocation to the satisfaction
of the Town, if applicable. Once remedied, the applicant will have
to apply for a new permit and pay the fee as in the case of an original
application.
