[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 6-16-2020 by Ord. No. 2020-09. Amendments noted where applicable.]
Title. This chapter shall be known and may be cited as the "Shared Accommodations Licensing Ordinance of the Town of Bar Harbor."
Purpose. The purpose of this chapter is to ensure that shared accommodations do not become dilapidated, a fire hazard, overcrowded with occupants, unsanitary, vermin infested, or a detriment to the health, safety, and welfare of the people of Bar Harbor.
As used in this chapter, the following terms shall have the meanings indicated:
- HABITABLE FLOOR AREA
- The total area of a room as measured from interior wall to interior wall. Bathrooms, closets, halls, storage or utility space, and similar areas are not considered habitable floor area.
- Any person, individual, partnership, firm, association, corporation or other legal entity acting as an agent or employee of any holder of a shared accommodations license.
- MANAGEMENT PERSONNEL
- A person or individual with authority to make decisions related to the operations and control of the shared accommodations and responsible to ensure compliance with the terms of the license, and who is available in accordance with § 168-6H.
- VIOLATION, FIRST
- A first violation is deemed to have occurred if the Code Enforcement Officer concludes that a violation of this chapter has occurred but within the immediately preceding 12 months, no written warning has been issued to the licensee for a violation of this chapter.
- VIOLATION, SECOND
- A second violation is deemed to have occurred when the Code Enforcement Officer concludes that a violation of this chapter has occurred, less than 12 months have elapsed since the first violation, and the licensee has been issued a written warning of a first violation of this chapter.
- VIOLATION, THIRD
- A third violation is deemed to have occurred when the Code Enforcement Officer concludes that another violation of this chapter has occurred, less than 12 months have elapsed since the first violation, and the licensee has been issued a written warning of a second violation of this chapter.
No person shall rent, lease, operate or otherwise allow, under their ownership or control, any shared accommodations without first obtaining a license from the Town Council.
Applications for all shared accommodations shall be made in writing to the Town Clerk on forms provided by the Clerk for that purpose and shall contain the following information:
The full name, address, telephone number, and email address of the person in whose name such license is to be issued.
The full name, address, telephone number, email address of the owner of the property. If the owner of the property is a business entity, the applicant shall provide the name, address, telephone number, and email address of the person who is the owner, director, or manager of the business entity.
If an applicant is not the owner of the property for which the license has been applied, the applicant must provide a written letter of authorization allowing them to act on behalf of the property owner.
Each application shall be accompanied by a full set of to-scale floor plans, clearly labeled with the intended use of each room in the building, including any spaces to be used as storage.
The application shall include the names and contact information of two separate management personnel who are available 24 hours a day and are normally available to be on site within 30 minutes of contact.
The applicant shall provide written documentation that demonstrates compliance with all requirements of § 168-6.
The application must bear the signatures of the Fire Chief and Code Enforcement Officer indicating that the shared accommodations have satisfactorily passed the annual life safety inspection.
Within 30 days of the Town Clerk's receipt of a complete application for a shared accommodations license, the Town Council shall hold a public hearing, at which time the testimony of the applicant and any interested member of the public shall be taken. At least 14 days prior to the public hearing, notice of the hearing shall be mailed by first-class mail to all owners of property within 300 feet of the outer boundary of the property in question. Notice shall be deemed received if mailed to an owner's last known address according to the Town tax records. Failure of any property owner to be sent or actually receive notice shall not necessitate another hearing or invalidate any actions of the Town Council.
The Town Council, after hearing and upon such terms and conditions as it reasonably deems necessary to protect the public interest and to fulfill the purposes of this chapter, shall grant or renew a license unless it finds that issuance of the license will be detrimental to the public health, safety or welfare or would violate municipal ordinances.
The Town Council may revoke a shared accommodations license if the use of the premises or building does not fully comply with all ordinances of the Town of Bar Harbor.
A license shall be valid for one year, at which time the applicant shall reapply for a renewal license. A renewal license application shall not be considered by the Town Council unless the Fire Chief and Code Enforcement Officer have indicated in writing that the shared accommodation has satisfactorily passed the annual life safety inspection, occurring no more than 60 days prior to consideration of the application.
A renewal license shall not be considered by the Town Council until the Police Chief or their designee has provided a written report describing any violations of Chapter 64, Disorderly Houses. The Town Council may consider any prior violations of Chapter 64 as a finding for denial of a renewal license application.
License fees. Each application for a shared accommodations license shall be accompanied by the administrative fee and public notice fee, which shall, from time to time, be set by the Town Council.
Space requirements. Each bedroom shall contain not less than 70 square feet of habitable floor area for each occupant excluding enclosed spaces such as closets and bathrooms, and shall not be less than seven feet in any horizontal direction.
Linens. All linens, including bed sheets, pillowcases, blankets, and pillows shall be provided to each occupant by the property owner or management personnel.
Bathing facilities. There shall be a minimum of one toilet for every five occupants, and one shower for every five occupants.
Cooking facilities. A minimum of one on-site community kitchen with facilities for cooking, refrigeration, and washing shall be provided for the first eight occupants. For every one to 12 additional occupants thereafter, another on-site community kitchen with facilities for cooking, refrigeration, and washing shall be provided (two on-site community kitchen facilities for cooking, refrigeration, and washing shall be provided for nine to 20 total occupants, three such on-site community kitchens shall be provided for 21 to 32 total occupants, etc.). If the employees have access to an employee dining room (EDR) or are provided at least one shift meal, a single community kitchen shall be provided for every 45 occupants.
Outdoor storage. The keeping of any goods, junk or material of any kind with the exception of functioning bicycles, in the same place for more than 24 hours shall be screened from public view and abutting neighbors by a fence, wall, roof, and/or landscaping.
Clothes washer and dryer. On-site access to a minimum of one clothes washer and dryer must be provided.
Pest control. All structures on the licensed premises shall be kept free from insect and rodent infestation. In the event an infestation of insects or rodents is found, the licensee shall promptly exterminate such insects or rodents by approved processes that will not be injurious to human health.
Management. If management is located off-site for a SA-1, they must be available to be present on-site within 30 minutes of being contacted. Management for SA-2 and SA-3 must be on-site between the hours of 9:00 p.m. and 3:00 a.m.; and between 3:00 a.m. and 9:00 p.m., the management must be available to present on-site within 30 minutes of being contacted.
Trash any recycling removal. Outdoor trash and recycling must be contained in a covered receptacle and must be removed on a weekly basis.
Property maintenance. The lot where the shared accommodations is located shall be maintained in compliance with Chapter 109, Health and Sanitation, of the Bar Harbor Town Code, as enforced by the Bar Harbor Health Officer.
Emergency key box. An emergency key box shall be provided via a Knox-Box® located on the site in a location approved by the Fire Chief or his designee.
Tenants. A list of the last names of all tenants occupying the shared accommodations shall be visibly posted in a conspicuous location inside the building for emergency personnel use.
Interior signage. Directional signage shall be placed within the building to direct emergency personnel to bedrooms, mechanical areas, and storage spaces; and all interior doors shall be labeled to indicate the use of the space. The Fire Chief, or his designee, shall approve the location of the signage.
Prior to the issuance, or re-issuance of a license for a shared accommodations, the building must satisfactorily pass an annual life safety inspection conducted by the Fire Department and Code Enforcement Officer. The inspection shall be conducted in accordance with the standards and requirements of the life safety code as adopted by the Town in Chapter 85 of the Bar Harbor Town Code.
Enforcement authority. The provisions of this chapter shall be enforced by the Code Enforcement Officer of the Town of Bar Harbor.
Violations. Each violation of this chapter following a written warning issued by the Code Enforcement Officer shall constitute a separate violation.
Warning for first violation. Should the Code Enforcement Officer conclude that a first violation of this chapter has occurred or is occurring; the Code Enforcement Officer shall immediately issue a written warning to the licensee or the licensee's manager on the premises. Within not more than five business days of this warning, the Code Enforcement Officer shall send to the owner of the premises, by first-class mail, a written notice of this warning advising that the Code Enforcement Officer has substantiated a violation on the licensed premises.
Warning for second violation. Should the Code Enforcement Officer conclude that a first violation of this chapter has occurred or is occurring; the Code Enforcement Officer shall immediately issue a written warning to the licensee or the licensee's manager on the premises. Within not more than five business days of this warning, the Code Enforcement Officer shall send to the owner of the premises, by first-class mail, a written notice of this warning advising that the Code Enforcement Officer has substantiated a violation on the licensed premises.
Action for a third violation. Should the Code Enforcement Officer conclude that a third violation of this chapter has occurred or is occurring; the Code Enforcement Officer shall immediately issue a written warning to the licensee or the licensee's manager on the premises. Within not more than five business days of this warning, the Code Enforcement Officer shall send to the owner of the premises, by first-class mail, a written notice of this warning advising that the Code Enforcement Officer has substantiated a violation on the licensed premises. The Code Enforcement Officer shall provide a copy of all pertinent documentation to the Town Clerk, who shall place the matter on the next available Town Council agenda for action under § 168-8B(3)(a).
Town Council action.
Upon being informed of a third and subsequent violation, the Town Clerk shall provide written notice to the licensee, by certified mail, return receipt requested, and by first-class mail to all owners of land within 300 feet of the licensee's premises, that the Town Council shall conduct a public hearing to consider whether the licensee committed a violation. Neither the failure of any landowner to receive notice or the licensee's refusal to accept certified mail shall necessitate another hearing or invalidate any action taken by the Council at such hearing.
Following a hearing, the Council, by a preponderance of the evidence, shall make a determination of whether the licensee committed a violation of this article. If the Council finds that the licensee committed a third violation, the Council shall revoke the licensee's license for a shared accommodations.
Any applicant who has applied for a license and has been denied or a licensee whose permit has been revoked may, within 30 days of the denial or revocation, appeal the decision to the Bar Harbor Board of Appeals.