Southtowns Record

Draft Short Term Rental Law

Government
Town of Wales
Kind
Other
Topics
Short-term rentals, Zoning and land use, Public safety

Original document

Text · page 7 of 8

(2) For egregious conduct that presents an immediate threat to public health, safety, or
  welfare, the Code Enforcement Officer may order an interim suspension effective
  upon service of notice, pending a prompt hearing.

  (3) Prior to any suspension or revocation that is not interim, the Code Enforcement
  Officer shall provide written notice of intent to suspend or revoke, stating the
  grounds, the proposed action, and the right to a hearing. The owner shall have ten
  business days to request a hearing. If a hearing is requested, the Town shall schedule
  it within thirty days before a designated hearing officer or other body as provided by
  Town law. A written decision shall issue within fifteen days after the close of the
  hearing.

  (4) An owner aggrieved by a suspension or revocation may appeal to the Town Board
  within fifteen days of the decision. The filing of an appeal does not stay an interim
  suspension unless the Town Board so orders.

  (5) Failure to comply with imposed conditions is independent grounds for suspension or
  revocation.

  E. Reinstatement. Following suspension or revocation, a permit may be reinstated upon
  written request to the Code Enforcement Officer demonstrating correction of violations,
  payment of all outstanding fines and fees, and submission of an acceptable management
  plan that addresses nuisance prevention and response.

  F. Evidence. A violation may be substantiated by any reliable evidence including officer
  observations, Code Enforcement Officer inspection, calibrated sound readings, time
  stamped video or audio recordings, sworn neighbor statements, or other credible
  documentation.

  G. Cumulative remedies. The remedies in this section are cumulative and do not limit the
  Town’s ability to pursue any other remedy authorized by law, including civil penalties,
  injunctive relief, or criminal enforcement where applicable.

§ 197-I Penalties for Offenses.

Any person, corporation, business, association, firm, partnership owning and/or operating a short
term rental establishment found to be operating in violation of any provisions of this chapter,
shall be guilty of a violation, and shall be subject to a fine set in the Town’s Fee Schedule, or
imprisonment not exceeding 15 days, or both such fine and imprisonment. Each day a
substantiated violation exists, it shall be considered a separate violation of this chapter. In
addition to any of the above violations found by the Code Enforcement Officer, the following are
considered a violation of this chapter, and are also subject to modification or revocation of the
permit:

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