[Adopted 10-10-2018 by Ord. No. 679]
The purposes of this article and the policy of the City of Crisfield shall be to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to residential rental units in the City of Crisfield, and to encourage owners and occupants of residential rental units to maintain and improve the quality of rental units within the community. This article provides for a regular inspection program, registration and licensing of residential rental units, as defined in this article, and the penalties for noncompliance.
As used in this article, the following terms shall have the meanings indicated:
DWELLING or DWELLING UNIT A building or portion thereof arranged or designed for residential occupancy, including but not limited to an apartment, accessory apartment, efficiency apartment, boardinghouse, rooming house, single-family dwelling and multifamily dwelling.
PERSON Any individual, proprietorship, partnership, corporation, association, or other legal entity.
RESIDENTIAL RENTAL UNIT Any dwelling unit in which a person resides in consideration of value, paid or tendered to or for the use or benefit of the owner of record of such dwelling unit or the owner's authorized representative, or a lessee of the dwelling unit. The term "residential
rental unit" shall include any single-family residential dwelling unit or multifamily residential dwelling unit leased, rented, or offered for lease or rent, to any person, including any single-family residential dwelling unit or multifamily residential dwelling unit owned by the Crisfield Housing Authority and leased, rented, or offered for lease or rent, to any person in accordance with the public housing program administered and operated by the Crisfield Housing Authority within the municipal limits of the City of Crisfield, subject to the provisions of Maryland Code, Housing & Community Development, § 12-101 et seq. and all applicable federal laws and regulations governing public housing.
[Amended 1-8-2020 by Ord. No. 692]
A residential
rental unit
license may be revoked or denied by the Inspector m· his authorized designee if the owner of the residential
rental unit, after the passage of the notice period set forth in §
91-4B, fails to eliminate all violations set forth in the written notice issued by the Inspector or his authorized designee under §
91-4B. Revocation or denial of a residential
rental unit
license shall be in addition to, and not in substitution for, such other penalties as may be provided for said violations elsewhere in this Code or by state law. In addition to any other remedy which may be available in the event of a violation of any provision of this article, the City may seek an injunction to prevent the renting, or offering to rent, of a residential
rental unit which is not licensed for
rental in accordance with this article.
A residential rental unit license issued under this article shall expire on December 31 of each calendar year. An application for renewal of a residential rental unit license shall be made on or before November 1 of each calendar year. All fees owed to the City in connection with the residential rental unit must be paid to the City prior to the renewal of the rental license for such residential rental unit.
A residential rental unit license issued under this article shall be produced on the demand of a tenant or prospective tenant of such residential rental unit and shall be made available at reasonable times for examination by an authorized agent of the City.
The City is hereby authorized to establish, by resolution of the Council, fees and the amounts thereof for the issuance of a residential rental license, the renewal of a residential rental unit license, the inspection of a residential rental unit, and the reinspection of a residential rental unit. Any unpaid residential rental unit license fee, renewal fee, inspection fee or reinspection fee shall be subject to such interest and penalties as established, from time to time, by resolution of the Council.
[Amended 1-8-2020 by Ord. No. 692]
The provisions of this chapter shall not apply to a rental dwelling unit occupied by an immediate family member of the owner of record of a dwelling unit or the owner of record's spouse, parents, children, grandparents, grandchildren, sibling, aunt, uncle, or first cousins, including adopted, half, and step family members; or any government building other than a residential rental unit owned by the Crisfield Housing Authority, hospital, nursing home, hospice or other health care facility, church, synagogue or other religious facility, or day-care facility.
[Adopted 3-13-2024 by Ord. No. 721]
As used in this article, the following terms shall have the meanings indicated:
OCCUPANT The individual(s) who have lawfully obtained the exclusive use and possession of the short-term rental.
OPERATOR OCCUPIED A property lessee, as documented in a valid lease agreement with the owner, who, with the express permission of the owner, makes their primary residence on the real property upon which the short-term rental is located, as evidenced by a homestead exemption, voter registration, vehicle registration, driver's license, or similar documentation.
OWNER Any individual or legal entity that holds legal title to the real property.
OWNER OCCUPIED An individual owner who makes their primary residence on the real property upon which the short-term rental is located, as evidenced by a homestead exemption, voter registration, vehicle registration, driver's license, or similar documentation.
SHORT-TERM RENTAL The rental of a dwelling, or a portion thereof, upon written agreement by the owner or operator to one or more individuals for occupancy, dwelling, lodging, or sleeping purposes for a period of not more than 15 consecutive days in a calendar year. The rental of units within city approved hotels, motels, and bed and breakfasts shall not be considered to be a short-term rental and are not subject to this article.
SHORT-TERM RENTAL PERMIT The permit issued by the city that identifies the property as a lawful short-term rental, the short-term rental permit number, the name(s) and contact information of the owner(s), operator(s), and agent(s), as applicable, and a twenty-four-hour emergency contact phone for at least one of the aforegoing.
SLEEPING AREA A room within a dwelling designed or used for sleeping, including a bedroom. Tents, hammocks, recreational vehicles, and/or other vehicles and outdoor areas shall not be considered a sleeping area.
TYPE 1 SHORT-TERM RENTAL A short-term rental property in which both the occupant and the owner or operator reside at the property during the occupant's rental.
TYPE 2 SHORT-TERM RENTAL A short-term rental property in which only the occupant and not the owner or operator reside at the property during the occupant's stay.
A short-term rental permit is not transferable to another owner, operator, unit, or location.
All short-term rentals permitted pursuant to this article are subject to the following:
A. Insurance. The owner shall keep, at a minimum, an insurance policy sufficient for personal injury liability of guests.
B. Life safety.
(1) Short-term rentals and the premises upon which they are located shall conform to all applicable state and local laws and regulations, including but not limited to all applicable provisions of this code.
(2) A standard five-pound extinguisher shall be properly mounted and accessible on each floor of the short-term rental.
(3) Smoke and carbon monoxide detectors shall be installed and conform to all applicable state and local laws and regulations, including but not limited to all applicable provisions of this code.
(4) Each bedroom shall have a window or other direct means of exit to the exterior of the premises in the event of an emergency.
C. Conduct on premises.
(1) Short-term rental operators shall be responsible for informing their occupants of all relevant City laws and regulations and occupants' liability for violations of same.
(2) Excessive noise or other disturbance outside the short-term rental is subject to the penalties set forth in this code.
D. Tenant indoor notification. The operator shall post in a conspicuous location of the short-term rental the following minimum information:
(1) Location of parking, and prohibition of parking on landscaped areas.
(2) Quiet hours and noise restrictions pursuant to this code.
(3) Twenty-four-hour contact person and phone number.
(4) Property maintenance requirements.
(5) Trash pick-up requirements, including location of trash cans and recycling bins, as applicable.
(7) Notice that failure to conform to the occupancy and parking requirements is a violation of this article and/or other provisions of this code, for which the occupant may be subject to penalties as set forth herein.
To ensure continued compliance with the requirements of this article, a short-term rental may be inspected whenever a complaint is filed with the City in accordance with the City's established code enforcement policies and procedures.
In addition to the City's authority to suspend or revoke a short-term rental permit set forth elsewhere in this article, the City is authorized to suspend or revoke a short-term rental permit whenever such permit is issued in error or on the basis of incorrect information supplied or where it is determined that the subject premises, building, structure, unit, or portion thereof is in violation of the provisions of this article or any other applicable state or local law or regulation, including this code. The procedures to suspend or revoke a short-term rental permit are as follows:
A. The City shall give written notice to the owner and operator, if any, via email regarding the basis for the suspension.
B. The owner and operator, if any, shall have three business days, including the date the notice is sent, to abate the violation and have the City inspect and approve the abatement as satisfactory. If the abatement does not occur with three business days, the suspension shall become effective.
C. The owner and operator, if any, shall have 30 days from the date of suspension to abate the violation and have the City inspect and approve the abatement action. If abatement does not occur within 30 days, the short-term rental permit shall be revoked.
D. If a short-term rental permit is revoked, the subject property shall not be issued another short-term rental permit for a period of six months from the date of revocation.
If the City denies issuance or renewal of a short-term rental permit or suspends or revokes a short-term rental permit issued under this article, the City's decision is final and not subject to further appeal unless the owner files a written appeal within 20 days to the Board of Appeals. The Board of Appeals shall consider the appeal at the next meeting. Pending the decision of the Board of Appeals, the suspension, revocation or denial of a permit or its renewal is not stayed.
This article does not create any right to operate a short-term rental in violation of any lease, license, deed restriction, covenant, easement, or other legal encumbrance, to include homeowners' association rules.