[Adopted 6-22-2009 by L.L. No. 4-2009]
The Mayor and Board of Trustees of the Village of Greenwood
Lake do hereby establish a program for the enactment, enforcement
and administration of a rental permit requirement for all rental units
within the corporate boundaries of the Village of Greenwood Lake and
for the periodic registration of all landlords and rental property
owners for the purpose of regulating rental property conditions and
for maintaining an inventory of available rental housing.
As used in this article, the following terms shall have the
meanings indicated:
ABSENTEE LANDLORD
Any landlord who resides outside the designated boundaries
of Orange County as those boundaries may be defined at the time of
regular, periodic property registration.
BUILDING INSPECTOR
The Village member designated by the Village Mayor as having responsibility for enforcement of Chapter
40, Buildings, Unsafe, and this article.
HOUSING OR DWELLING UNIT
Any single unit which is capable of housing one separate
household, whether a detached single-family structure or building
or part of a multihousehold structure or building.
IMMEDIATE FAMILY
The "immediate family" of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
LANDLORD
Any property owner or designated agent who offers a housing
unit for occupancy to persons other than members of his immediate
family in exchange for a fee or compensation, whether monetary or
otherwise.
RENTAL PERMIT
A permit issued by the Village of Greenwood Lake stating that the referenced structure or unit conforms to the standards of Chapter
38, Building Construction, and that occupancy of that structure or unit is permitted for residential use. Any special circumstances or conditions under which occupancy is permitted may be specified on that certificate.
RENTAL PROPERTY
Any housing unit or units which are occupied by persons other
than the owner or his immediate family or for which a fee or compensation,
monetary or otherwise, is received by the owner in exchange for such
occupation.
RESIDENT AGENT
A representative of a property owner or landlord who resides
within the designated boundaries of Orange County as defined at the
time of periodic property registration.
SUBSTANDARD
Any deficiency in a structure or housing unit as defined by Chapter
38, Building Construction, as amended.
[Adopted 3-26-2018 by L.L. No. 1-2018]
No property shall be used for short-term rental unless the owner
shall first obtain and maintain a short-term rental permit from the
Village of Greenwood Lake.
A permit for short-term rental issued pursuant to this article
shall expire one year after the date of issuance, unless sooner revoked.
The Building Inspector may deny an application for a short-term
rental permit based upon, among others, any of the following grounds:
A. The application does not fully comply with the provisions of this
article.
B. The applicant has falsified or failed to provide information in the
application for a permit, registration of property, or registration
of property owner.
C. The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of property owner, upon which such short-term rental
permit had been issued.
D. The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E. The applicant has had a short-term rental permit revoked for cause
during the calendar year immediately preceding the date of application
or during the calendar year in which the application was made.
F. The property for which a short-term rental permit is sought was used
or occupied in violation of this article during the calendar year
immediately preceding the date of application or during the calendar
year in which the application was made.
G. The property for which a short-term rental permit is sought is not
equipped with a single-station smoke-detecting alarm device and carbon-monoxide-detector
device, or devices, in accordance with New York State standards.
H. The property for which a short-term rental permit is sought does
not possess adequate exits in accordance with New York State standards.
The Building Inspector may deny an application for renewal of
a short-term rental permit based upon, among others, any of the following
grounds:
A. The renewal application does not fully comply with the provisions
of this article.
B. The applicant has falsified or failed to provide information in the
application for a permit, application for renewal of a permit, registration
of property, or registration of property owner.
C. The applicant had been issued a short-term rental permit, which was
in effect in any part of the calendar year immediately preceding the
date of application, and the applicant falsified or failed to provide
information in the application for a permit, registration of property,
or registration of property owner, upon which such short-term rental
permit had been issued.
D. The applicant violated any provision of this article during the calendar
year immediately preceding the date of application or during the calendar
year in which the application was made.
E. The applicant or any tenant violated any provision of the Code of
the Village of Greenwood Lake.
F. Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
G. The property for which renewal of a short-term rental permit is sought
is not equipped with a single-station smoke-detecting alarm device
and carbon-monoxide-detector device, or devices, in accordance with
New York State standards.
H. The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
The Building Inspector may revoke a short-term rental permit
based upon, among others, any of the following grounds:
A. The owner applicant has falsified or failed to provide information
in the application for a permit, application for renewal of a permit,
registration of property, or registration of property owner.
B. The applicant violated any provision of this article during the term
of the short-term rental permit.
C. The applicant or any tenant violated any provision of the Code of
the Village of Greenwood Lake.
D. The applicant or any tenant violated any provision of the Penal Code
of the State of New York, which violation occurred on, or pursuant
to the occupancy of, the short-term rental unit.
E. Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
or which otherwise creates a public nuisance.
F. The property for which renewal of a short-term rental permit is sought
is not equipped with a single-station smoke-detecting alarm device
and carbon-monoxide-detector device, or devices, in accordance with
New York State standards.
G. The property for which renewal of a short-term rental permit is sought
does not possess adequate exits in accordance with New York State
standards.
The issuance of a short-term rental permit shall create no presumption
that the short-term rental unit complies with the provisions of this
article.
The parking of motor vehicles on the premises for which a short-term
rental permit has been granted between the hours of 1:00 a.m. and
6:00 a.m. shall be prima facie evidence that the rental unit was used
and occupied during that time by at least one person for each motor
vehicle so parked.
A short-term rental permit shall not be transferred or assigned
to any person or used by any other person other than the permittee
to whom it was issued.
[Amended 7-16-2018 by L.L. No. 2-2018]
A. Violations of this article will constitute a municipal infraction and will be subject to applicable penalties under this article in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter
38, Building Construction, or Chapter
40, Buildings, Unsafe.
B. Penalties
for violations of these regulations will be set by resolution of the
Village Board.
C. Each day
a violation continues following the period specified in the relevant
accusatory instrument shall constitute a separate and distinct violation
for purposes of setting penalties.