§ 300-32. Short-term rentals.

See definition in § 300-4.

A. 

Authority to grant or deny permits for short-term rentals. The Code Enforcement Officer shall have the authority to issue new and annual renewal permits under this provision.

B. 

Fee. Every application for a permit shall be accompanied by a nonrefundable fee, which shall be set by resolution from time to time by the Common Council of the City of Oneonta.

C. 

New applications for short-term rentals shall be subject to the following:

(1) 

Districts permitting new short-term rentals. Upon the adoption of the 2011 City Zoning Code, new rentals will only be allowed in the MU-1, MU-2, R-4 and C/I Districts.

(2) 

Shared driveways. If there is a shared driveway and each property is owned by different owners, the application will be denied unless each property owner states in writing that they have no objection to the issuance of the permit. If all properties involved are owned by the same owner, this restriction shall not apply.

D. 

Renewal applications for short-term rentals shall be subject to the following:

(1) 

Any short-term rental property that received a permit for the 2011 summer rental season may apply for renewal. In order to be considered a renewal, the property must have been issued a permit in the immediately preceding year. All other applications shall be considered new applications. Prior years' issuance of a permit does not imply/guarantee approval of subsequent applications.

(2) 

Conditions for denial of permit renewal. The City of Oneonta shall deny renewal of a permit for short-term rentals based on any or all of the following criteria:

(a) 

That there are current code violations or expired reports, forms or certifications.

(b) 

That the applicant property fails to meet all standards of the certificate of substantial compliance.

(c) 

That tenants at the property were issued more than two noise ordinance violations during the previous 12 months.

E. 

Property requirements/required materials to be provided with application. The following requirements must be met and proof submitted with applications. Proof may include photocopies, photographs, signed application statements, or other verifiable information. Other materials such as information on tenant rules, code of conduct, or property safety features may be included.

(1) 

All applications for short-term rentals must include a copy of a current and valid certificate of substantial compliance issued by the City of Oneonta Code Enforcement office.

(2) 

Emergency contact information. Such information shall include, but not be limited to: the name, addresses and phone numbers of the building owner, if local, or a local agent, and second local contact person who will be available for problems/emergencies that may arise. A local agent shall be a person that meets the criteria for local agents found at § 158-58B of the Code of the City of Oneonta as one who can respond in person to calls within one hour. "Nonresident owners," as that term is used at § 158-58B, shall be defined as those persons that reside outside of the following zip code areas: 12116, 12155, 13348, 13415, 13747, 13750, 13751, 13753, 13757, 13775, 13776, 13796, 13806, 13807, 13808, 13810, 13820, 13825, 13834, 13846, 13859, 13860, 13861. The above emergency contact information, as well as instructions for dialing 911 for emergency/fire/ambulance assistance, shall be posted on or about the inside of the front or main door of each short-term rental occupancy dwelling unit.

(3) 

All applicants must contact the Code Enforcement office to obtain a list of all property owners within a two-hundred-foot radius of proposed short-term rentals and notify these property owners, in writing, via regular first-class mail, of the dates they plan to rent their property. This notification must include the name and phone numbers of at least two local agents who will be available for problems/emergencies that may arise and whom neighbors may contact in the event of complaints or problems with the short-term rental.

(4) 

That the property has at least one off-street parking space for each rental dwelling unit. Exception: in the MU-1 District.

(5) 

That the property owner will comply with all applicable occupancy limitations of the City of Oneonta Housing Code, including but not limited to §§ 158-10A, 158-11A and C, 158-12E(1), 158-14B(2) and (3). A scaled floor plan sketch showing dimensions, room uses, and door and window locations is required for all new applications and for renewal applications, if changed.

F. 

Approval or denial. The Code Enforcement Officer shall have the authority to immediately approve the application if all required documentation and other pertinent information has been submitted and meets all review criteria as set forth in this chapter.

G. 

Fines and penalties/failure to obtain a permit; short-term rental without a permit. An administrative penalty shall be imposed against the owner of the premises for every day said premises are rented as a short-term rental without a permit; the amount of the penalty will be set by resolution from time to time by the Common Council of the City of Oneonta. Such penalty shall be determined upon investigation and determination by the Code Enforcement office. The property owner shall be notified, in writing, of any violation or imposition of a penalty and the process for appeal. Any finding and/or imposition of a penalty may be appealed, in writing, to the Board of Public Service within 45 days of the notice of violation. A claim of ignorance of the provisions of this statute shall not be a basis for appeal. Any amount of an administrative penalty which is not paid within 45 days of notice or within 45 days after appeal shall be charged an additional administrative penalty of 12% interest and the same shall be re-levied upon the real property taxes for the property and become a lien against the premises.