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Lakewood Village Trustees Approve STR Fees

From left Lakewood Trustee Ben Troche, Mayor Randy Holcomb, Trustee Richard Fischer, and Trustee Ellen Barnes, Monday discuss business. P-J photo by Michael Zabrodsky

LAKEWOOD – Village trustees Monday unanimously approved application fees and non-compliance fees for the new short-term rental law that was passed in April.

At its April 22 meeting, trustees voted 4-to-1 to approve the law.

As part of the annual special-use permitting process, the law calls for application fees of $500 for Lakewood residents; $1,000 Chautauqua County residents; and $1,500 for people who live outside the county.

The board also passed a measure that includes penalties for non-compliance at a licensed short-term rental operation.

– operating an STR without a permit: first violation will receive a warning; second violation – $1,000 fine; third violation and beyond – $2,500 fine

– operating an STR without a local property management contact or failure to notify the village clerk’s office of change of property management contact: $250 fine per instance

– over occupancy: $250 fine per instance

– parking violations: $100 per instance

– garbage non-compliance: first violation – $250; second violation – $500; third violation and beyond – $1,000

– advertising non-compliance, including not having the permit number in the advertisement: $500 per violation

– noise complaints: first violation – $1,000; second violation – $2,000; and third violation and beyond – $5,000 and revocation of special-use permit

On April 15, at a public hearing, Planning Project Manager Molly Gaudioso, of Colliers Engineering and Design defined what a STR is.

“The short-term rental is a dwelling unit including any surrounding land area, essentially the property as a whole in whole or in part that may be rented out for a period of less than 30 days. And then in this case, we’re looking at that in the context of a business or a commercial use.”

She added that motels, hotels, and bread and breakfast buildings are excluded from the definition.

Gaudioso previously said the permit process includes receiving a special-use permit which is valid for one year from the date of issuance. The permit will not be transferable to new owners. New owners will have to apply for a permit in which an inspection is part of the permit for enforcement purposes, and a payment registration for occupancy tax is required.

In other business:

– Trustees approved a special music permit application submitted by Group Ther-Happy, 103 Chautauqua Ave., requesting outside music for the months of May through September.

– Mayor Randy Holcomb noted that National Safe Boating Week is May 18 through 24. Holcomb said National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year.

Holcomb noted on average, 650 people die each year in boating-related accidents in the U.S.; 75 percent of these are fatalities caused by drowning; the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment or environmental factors; and a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets.

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