by Andrew Getty
Almost every complaint has merit. The complainant has a reason, a concern or a problem with something. Whether it’s with a regulatory issue, some sort of code or local law, lack of perceived enforcement or over-enforcement, there is always an underlying reason someone files a complaint.
More often than not the problem is with a neighbor. And more often than not, complaints about neighbors are anonymous.
It is amazing the number and types of complaints a local code office will get… and it doesn’t matter what town, people will be people.
Once neighbors start having disagreements that can’t be resolved over a beer and a bbq, the problems begin.
Calling the local police is common; no doubt the Police receive all kinds of civil complaints.
Calling the local Code Officer or zoning office is probably just as common.
No complaint is totally ignored. Fire and life safety issues will always carry a certain level of priority, as they should.
Whether the Code Office receives a phone call complaint, a written complaint or one that is handed down through a local elected official, they are all addressed, or at least investigated to the extent to determine if further action is required.
This office received an anonymous written complaint in the mail.
Of course, no signature or return address, and was post marked out of Syracuse.
Seven pages of information all about somebody else advertising the rental of various single family dwellings, with a hand written question at the top: “is this a commercial operation in a residential area?”
The information included website addresses, which had pictures, prices for daily, weekly and monthly rates, availability, registration and auto-pay through pay-pal.
Clearly the owner may be an investor who buys up waterfront properties and then rents them to vacationers at the highest price possible.
The prices were rather staggering, two and three thousand dollars a week.
These dwellings were in the Chain of Lakes, all having waterfront, docks and were accessible by car.
They all had neighboring single family dwellings close by; in every way, a residential neighborhood.
There is no doubt that this office understands the complainant’s concern… noise, parties, aggressive boat activity, aggressive snowmobile activity in the winter, cars coming and going, rental agents, dogs barking, doors slamming, smoke from campfires. Unfortunately, all too often renters are rude, abusive, noisy and simply do not care about the tranquility of the surrounding residential neighborhood.
They paid a lot of money for this place and they are going to get their monies worth….this office has heard that plenty of times.
Equally unfortunate for the tranquility of the neighborhood, the rental of a single family dwelling is not considered a commercial activity by local law.
In-fact, such a rental is specifically exempted from the definition of commercial activity.
A single family dwelling may be used by a real, blood related family, or a group of unrelated people sharing all aspects of the house, the kitchen, bathroom, sleeping areas and the common areas.
There are hundreds, maybe thousands of such rentals around the town.
Although most never have problems because the owner is really, really picky about who rents, and sets rules to help protect the integrity of existing neighborhoods.
However, it’s the ones like the person who owns numerous properties and rents them individually to anyone who’s willing to pay the price that often create the problems…simply because they do not care.
Now, getting back to the anonymous complaint, this office has no way of discussing the reality of the situation with the complainant.
They send the complaint in, expecting action be taken because they assume the rental of all these dwellings is a violation of local law, when it is not.
Hopefully they will read this article and better understand…maybe they won’t be happy, but at least understand.
The best course of action may be two-fold.
First (trying not to the throw the Police under the bus) aggressive noise may be more a police issue, the town does not have any noise ordinance. Second, suggest that the local law (zoning ordinance) be changed to address the problem of unrestricted rental of single family dwellings in residentially zoned areas.
Not the answer you wanted is it? Doing nothing accomplishes nothing.