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HomeMy WebLinkAboutTB Packet 2019-08-26 Meeting of the Ithaca Town Board Monday, August 26, 2019 at 4:30 p.m. Agenda 1.Discuss Sidewalk Improvement Districts progress 2. Discuss draft Short Term Rental legislation 3. Discuss and consider a lease with the History Center for storage space and authorize execution by Town Supervisor 4. Committee Reports a. Budget b. Planning c. Public Works d. COC e. Personnel and Organization f. Other or Intermunicipal 5. Report of Town Officials 6. Consent Agenda a. Town of Ithaca Abstract 7. Adjournment Agenda Item 2 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2019 A LOCAL LAW ADDING A CHAPTER TITLED “OPERATING PERMITS FOR CERTAIN UNHOSTED SHORT TERM RENTAL UNITS” TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter ___, titled “Operating Permits for Certain Unhosted Short Term Rental Units,” reading as follows: “Chapter ___ Operating Permits for Certain Short Term Rental Units § ___-1. Applicability. This chapter applies to all Unhosted Short Term Rental (USTR) Units except: A. Those located in Agricultural, Conservation and Lakefront residential zones. B. Those located in residential cooperative or condominium developments. C. Those located in multiple dwelling buildings where they are prohibited by law. § ___-2. Operating permit required. A. Throughout the term of rental occupancy, all Unhosted Short Term Rental Units (except those listed in § ___-1 above) shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-__. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of such Unit to schedule an inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. B. The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection B(1) through (13) below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code and the items listed in Subsection B(14) and (15) below meet the requirements of the Town of Ithaca Code: \[Insert list here. \] (1) 911 address number properly posted (with each unit posted); (2) Exterior structure in good repair; (3) Entrances, access areas, parking spaces and similar areas in good repair; (4) Receptacles for proper storage of garbage; (5) Compliant pools and decks (if present); (6) Working smoke and carbon monoxide detectors; (7) Interior structure in good repair; (8) Fire separation (where required); (9) Electrical, plumbing and heating in good repair; (10)Appliances in good repair (if supplied by landlord); (11)Proper light and ventilation; (12) Proper room sizes; (13) Proper egress doors or windows; (14) Compliant off-street parking, per Town of Ithaca Code Chapter 270; (15)Exterior property areas do not violate Town of Ithaca Code Chapter 205. C. A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this chapter and where there is a reasonable cause to believe that there is a violation of this chapter, Town of Ithaca Code Chapter 205 (Property Maintenance), or the New York State Uniform Fire Prevention and Building Code. D. Owners of USTRunits that are rented as of the effective date of this Chapter __ must apply for operating permits for the rental units by ____________________. When applying for the operating permit, the owner shall provide the Code Enforcement Department with proof of any rental agreements that existed as of the effective date of this Chapter. E. Failure of an owner of any USTR unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period of rental occupancy, shall be deemed a violation of this chapter. If a violation persists beyond the time frame specified in the notice of violation, the property must not be rented until it is brought into compliance. F. Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. § __-3. Unhosted Short Term Rental Unit Regulations. A. Unless allowed a greater number of days below, no USTR Unit shall be rented as such for more than 29 days in any calendar year. If there is more than one USTR Unit on a parcel, the total number of days in any calendar year that all Units on a parcel may be rented shall not in the aggregate exceed 29. This limitation of 29 days shall not apply to any rental agreement that existed as of the effective date of this Chapter. B. The owner of any USTR Unit shall provide enough driveway parking spaces on the premises containing such Unit so that no vehicles belonging to renters of such Unit shall park on the street C. No USTR Unit shall be subject to more than one rental agreement at any one time, and if there is more than one USTR Unit on a parcel, only one may be rented at any one time. D. No USTR Unit shall be rented for the accommodation of more individuals than Two times the number of legal bedrooms in such Unit. E. All USTR Units shall have prominently posted in all bedrooms in such Unit a Notice in a form approved by the Code Enforcement Department containing useful information including, but not limited to, the following: location of the nearest exit in case of a fire; limitations contained in the Town’s USTR and Noise Ordinances; cell phone numbers of the owner and any manager, if there is one. F. An owner of an USTR Unit that satisfies one of the following criteria may rent such Unit on a short term basis for no more than ____days in any calendar year: (1) A Unit that is (a) located in a Low Density or Medium Density Residential Zone on a parcel that is larger than Three Acres, and (b) located more than Forty Feet from the side property line. (2) A Unit that is located in a Low Density or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a primary residence. (3) A Unit that is located on a parcel adjacent to the Owner’s primary residence parcel. § __-4. Penalties for offenses. A. Any person, association, firm, corporation or other entity found by a court to have violated any provision of this chapter or to have assisted in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine of $500, and revocation of the operating permit for one year, for conviction of a first offense. (2) By a fine of $1,000, and revocation of the operating permit for two years, for conviction of the second of two offenses, both of which were committed within a period of three years. B. Each week’s continued violation shall constitute a separate additional violation. § __-5. Collectionof rental information. A. Every time an owner rents an USTR Unit, she or he shall either notify the Code Enforcement Department of the dates of the rental agreement, by electronic methods established by such Department, or maintain a logbook signed by each renter in a prominent location in such Unit so that a Code Enforcement Officer may verify the number of nights for which the Unit has been rented. B. The owner shall provide the Code Enforcement Department with her or his cell phone number, and also the cell phone number of a manager or other responsible person who lives within 30 miles of the USTR Unit in case the owner is not available to address a complaint from a neighbor or the rental guest. The Code Enforcement Department may provide these numbers to the residents of all dwelling units on parcels adjacent to the USTR Unit premises. § __-6. Definitions. A. Short Term Rental Unit. A dwelling unit (whether a principal dwelling unit or an accessory dwelling unit) that is located on the same tax parcel which contains the owner’s primary residence, or on a tax parcel adjacent to the owner’s primary residence parcel, and which is rented for any period less than Thirty days. The owner must be a natural person. B.Unhosted Short Term Rental (USTR) Unit. A Short Term Rental Unit (as defined above) that is rented for any night when the owner is not present in his or her primary residence or on the same tax parcel as the USTR Unit.There may be more than one USTR Unit per tax parcel, but each must receive a separate operating permit Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3.This local law shall take effect immediately upon its filing with the New York Secretary of State. Agenda Item 6a MEETING OF THE ITHACA TOWN BOARD Monday, August 26, 2019 TB Resolution No. 2019 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda item: a. Town of Ithaca Abstract Moved: Seconded: Vote: TB Resolution No. 2019- : Town of Ithaca Abstract No. 15 for FY-2019 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers havebeen audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1073-1129 General Fund TownWide 64,850.02 General Fund Part-Town1,409.29 Highway Fund Town Wide DA 180.31 Highway Fund Part Town DB2,637.15 Water Fund 10,002.08 Sewer Fund12,736.98 Gateway Trail – H8 State Route 96b Sidewalk – H7 Park Lane WaterMain Improv – H11 Sapsucker Woods Water Main –H12 Christopher Circle Water Main –H13 Ellis Hollow Water Tank – H10 Trumansburg Water Tank Replace –H9 Risk RetentionFund Fire Protection Fund266,000.00 Forest Home Lighting District 163.71 Glenside Lighting District66.54 Renwick Heights Lighting District 77.77 Eastwood Commons Lighting District169.91 Clover Lane Lighting District 19.56 Winner’s Circle Lighting District 67.16 Burleigh Drive Lighting District 66.50 WestHaven Road Lighting District198.53 Coddington Road LightingDistrict 118.51 Trust and Agency 11,920.00 Debt Service TOTAL 370,684.02