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August 5, 2010

Our Opinion: Enforcement is the right course

— We’re happy to see the village board exhibited some backbone last week when members decided to go to court to halt the operation of an unpermited short-term rental on Main Street.

The property, at 171-173 Main Street, is one of three shortterm rental properties owned by Ed Landers. There have been questions concerning the status, or lack, of permits at the properties.

The issue with two of the properties revolves around the requirement that the rentals be owner-occupied. Landers recently applied for a short-term rental permit for his property at 6-8 Glen Avenue saying he was residing there. If Landers was living at the Glen Avenue address, it meant he was no longer living at his Bed and Breakfast at 46 Chestnut St. According to Code Enforcement Officer Tavis Austin and Village Attorney Martin Tillapaugh, Landers claimed the Chestnut Street property was owned by a limited liability corporation and met the requirement for owner-occupancy because a member of the corporation owned a five percent stake in the property. Tillapaugh found the LLC was never filed in the Otsego Court Clerk’s office or in Albany and didn’t exist.

Austin told the board they have affidavits from people stating that Landers’ Main Street building is being used for short-term rentals.

That building, Tillapaugh said, can never be a short-term rental because it has no off-street parking. Last year, Landers tried to convince the board to allow him to use village property behind the fire hall for his tenants’ parking because he did not have enough space. The fire department had complained about Landers’ tenants blocking access to the rear of the fire hall. It had not been a problem when the building was used for long-term rentals, but the change to short-term rentals created problems, department members said.

Landers had been aware of the requirements for shortterm rentals in the village and, we believe, aware that he did not meet them, but he continued to rent on a short-term basis.

Tillapaugh told the board the only recourse the village has is to ask the Otsego County Supreme Court to issue an injunction against the short-term rentals.

As trustee Neil Weiller rightfully said, the village needs to enforce the law to protect its integrity.

It doesn’t matter whether it is Ed Landers or some other scofflaw. If the village is going to promulgate regulations and  laws to govern activities in the village, it must be prepared toenforce them. If not, they become meaningless.

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