[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
For purposes of this article, words and phrases used herein
are defined as follows:
Shall have the same meaning ascribed to "dwelling units" in § 9-3.604 of the Municipal Code.
Shall mean and include any individual or family owning the
underlying parcel or lot where a transient rental is sought or maintained
(the "property"). Person shall also include a partnership, corporation
or association that owns the property applicable to this article.
Shall mean and include the second sale of the property after
the effective date of this article.[1] Persons with current and valid Conditional Use Permits
for transient rentals may continue to conduct transient rentals under
such Conditional Use Permits without applying for and obtaining Transient
Rental Licenses under this article, except that such Conditional Use
Permits shall remain valid only until such time that the property
that the Conditional Use Permit is tied to is sold twice, at which
time the Conditional Use Permit shall automatically expire, and the
second buyer must apply for and obtain a Transient Rental License
under this article in order to conduct transient rentals.
Example. Person A has a current and valid Conditional Use Permit
for transient rentals upon the effective date of this article. Person
A then sells the property with the Conditional Use Permit for transient
rentals to Person B. Person B then sells the same property to Person
C. Person A and Person B will be able to conduct transient rentals
without applying for and obtaining a Transient Rental License under
this article. However, Person C must apply for and obtain a Transient
Rental License before he or she may conduct transient rentals, because
the Conditional Use Permit under which Person A and Person B conducted
transient rentals has automatically expired upon the second sale of
the property, which was from Person B to Person C.
Shall mean and include the renting or leasing of a room or
rooms with or without table board in any dwelling or dwelling unit
for periods of fewer than 30 consecutive days duration.
[1]
Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No.
1192-20; effective February 1, 2021.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
(a)
Except as provided in subsection (b), no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article. Each day that a transient rental is commenced or carried on without such Transient Rental License shall constitute a separate violation of this Code. The use of signs, circulars, cars, telephone books, newspapers and other forms of advertisement to hold out, or represent that a person is conducting transient rentals in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting transient rentals in the City shall constitute prima facie evidence that such person is conducting transient rentals in the City.
(b)
No person in possession of a current and valid Conditional Use Permit, or a grandfathered Conditional Use Permit, for Transient Rental, that allows such person to conduct transient rentals on his or her property shall be required to obtain a Transient Rental License under this article, provided, however, and notwithstanding § 9-8.408, that any and all such Conditional Use Permits shall automatically expire upon the second sale of the property to which such Conditional Use Permits relate pursuant to § 3-1.301. Where a Conditional Use Permit has expired pursuant to this article, no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
Transient Rental Licenses issued under the provisions of this
article shall not be construed as authorizing anyone to conduct any
illegal or unlawful activity or business.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
A duplicate Transient Rental License may be issued by the Planning
Commission to replace any Transient Rental License previously issued
which has been lost or destroyed upon the licensee filing a statement
attesting to such fact and on payment of a duplicate license fee in
an amount set by resolution of the City Council.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No.
1202-21, effective December 16, 2021]
It shall be the duty of the Planning Department or its authorized representative to enforce each of the provisions of this article, including the collection of fees, penalties and interest. The Planning Commission shall be responsible for the issuance of all Transient Rental Licenses provided for in this article, and for the proper processing of all applications and registrants. The Planning Commission may make rules and regulations consistent with the provisions of this article as it deems necessary or desirable to aid in its administration and enforcement. Any person found to be in violation of any provision of this article shall be guilty of a misdemeanor, and shall be subject to the imposition and payment of civil penalties as set forth by resolution of the City Council. On the second and each subsequent time that a person is issued a citation for the same violation of this article, except for § 3-1.317(j), in any twelve-month period, the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines. On the second and each subsequent time that a person is issued a citation for a violation of § 3-1.317(j), the fine is increased as indicated by City Council resolution and the person cited shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
In addition to other powers conferred herein, the Planning Commission
shall have the power to:
(a)
Extend the time of filing any application, statement or registration
not to exceed 30 days for good cause shown;
(b)
Waive any penalty that would otherwise accrue; and, with the approval
of the City Attorney, to compromise any claim for license fee or penalties
under the provisions of this chapter.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
Applications for a Transient Rental License required by this
article shall be signed and verified by the applicant. City staff
shall prepare the application form that Transient Rental License applicants
must fill out. The application form may require the following, in
addition to such other requirements as City staff may deem appropriate:
(a)
The name, address, telephone and facsimile number, if any, of the
applicant, which shall be the owner of the property for which a Transient
Rental License is sought;
(b)
The name and address, telephone and facsimile number, if any, of
the applicant's employer, if applicable. If the application is filed
on behalf of a partnership, corporation or association, the applicant
shall provide the names and addresses of the partners or principal
officers and designate the name, address, telephone and facsimile
number, if any, of the person authorized to accept service of process
for the entity;
(c)
The property where the transient rental is to be conducted; and
(d)
Personal identification information for the applicant, including,
but not limited to, date of birth, and a copy of a driver's license
or identification card.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
The fee for filing, processing of Transient Rental License applications,
issuance of Transient Rental Licenses, issuance of Transient Rental
License renewals, conducting on-site inspections of transient rental
premises and collecting fees associated with such applications shall
be set by resolution of the City Council. Until established, the fee
for filing and processing of a Transient Rental License shall be the
fee established for a Transient Rental Conditional Use Permit. The
fee shall be payable with the application for a Transient Rental License.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
The Planning Commission shall have the power and authority to
hear and conduct proceedings for the granting and issuance of all
Transient Rental Licenses required by this article, and to revoke
or suspend any licenses issued, subject to the limitations contained
herein. The decision of the Planning Commission shall be final unless
a timely appeal is taken to the City Council. The Planning Commission
shall be governed by the following procedures:
(a)
License Application and Hearing. The Planning Commission shall formulate all necessary rules and regulations governing the Transient Rental License application and investigation thereof. The Planning Commission may require reports from the City's law enforcement agency or other City departments and officials concerning the effect of granting the license on the public health, safety and welfare. The Planning Commission shall hold a public hearing to consider each application for a Transient Rental License under this article, for which notice shall be given as set forth in subsection (b) of this section. Applicants may be represented by counsel and present all pertinent and relevant information pertaining to the application, and to be heard and to call witnesses on their behalf. The hearing may be continued from time to time as determined necessary by the Planning Commission or upon request of the applicant upon good cause being shown.
(b)
Notice. Not less than 10 days prior to the date of a hearing on an
application for a Transient Rental License, the Planning Commission
shall give notice which shall include the time, place, and purpose
of such hearing, the location of the property under consideration,
and such other information as it deems necessary as provided herein:
(1)
Cause a copy of such notice to be published once in a newspaper
of general circulation in the City of Avalon;
(2)
Cause such notice to be mailed by first-class mail, postage
prepaid, to the applicant and to all persons whose names and addresses
appear on the latest available assessment roll of the County of Los
Angeles as owning property within a distance of 300 feet from the
exterior boundaries of the area for which an application for a Transient
Rental License is filed, and to such other persons whose property
or interests might, in the judgment of the Planning Commission or
its designee, be affected by the issuance of the Transient Rental
License requested. The Planning Commission shall also cause to be
posted on the subject property in a location clearly visible from
the street, a notice which measures at least 11 inches by 14 inches
and which contains the information included in the notice as set forth
in paragraph (1) of this subsection; and
(3)
If the Planning Commission finds that the mailing of notices
prescribed elsewhere in this section may not give sufficient notice
to said persons, then such notices shall be posted at such locations
as are deemed best suited to reach the attention of and inform those
persons who may be affected.
(4)
Such notice shall be in addition to any notice required for
the issuance of a Local Coastal Permit.
(d)
Issuance of Licenses. The Planning Commission shall have the power
to grant Transient Rental Licenses required by this article only when
all necessary clearances have been obtained from law enforcement and
other involved City departments and officials, and where it has received
no evidence indicating that the public health, safety or welfare or
the purposes of this article will be injured by the granting of such
license.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
(a)
The Planning Commission may, with such conditions as are deemed necessary,
approve a Transient Rental License which will not jeopardize, adversely
affect, endanger or otherwise constitute a menace to the public health,
safety or general welfare, or be materially detrimental to the property
of other persons located in the vicinity of such use.
(b)
In making such determination, the Planning Commission shall find
that the proposed transient rental use is in general accord with the
following principles and standards:
(1)
The nature, condition, and development of adjacent uses, buildings
and structures shall be considered and no proposed transient rental
use shall be permitted where such use will adversely affect or be
materially detrimental to said adjacent uses, buildings and structures;
(2)
The site for a proposed transient rental use shall be adequate
in size and shape to accommodate the yards, walls, fences, parking
and loading facilities, landscaping and other development features
prescribed in this chapter or as required as a condition in order
to integrate said use with the uses in the neighborhood;
(3)
The site for a proposed transient rental use shall be served
by highways and streets adequate in width and improved as necessary
to carry the kind and quantity of traffic such use would generate.
(c)
Conditions imposed by the Planning Commission for a Transient Rental
License may involve any pertinent factors affecting the establishment,
operation and maintenance of the requested transient rental use, including,
but not limited to:
(1)
Special yards, open spaces and buffer areas;
(2)
Fences and walls;
(3)
Parking facilities, including vehicular ingress and egress and
the surfacing of parking area and driveways to specified standards;
(4)
Street and highway dedications and improvements including sidewalks,
curbs and gutters;
(5)
Water supply and fire protection;
(6)
Landscaping and maintenance of grounds;
(7)
Regulation of nuisance factors such as noise, vibrations, smoke,
dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic
disturbances and radiation;
(8)
Regulation of operating hours for activities affecting normal
neighborhood schedules and functions;
(9)
Regulation of signs, including outdoor advertising; and
(10)
Such other conditions as will make possible the development
of the proposed transient rental use in an orderly and efficient manner
and in general accord with all elements of the General Plan and the
intent and purpose of this chapter.
(d)
The Planning Commission shall deny the requested Transient Rental
License where the findings indicate, and the Commission determines,
that the applicant has failed to show that the requested transient
rental use will not jeopardize, adversely affect, endanger or otherwise
constitute a menace to the public health, safety or general welfare
or be materially detrimental to the property of other persons located
in the vicinity of such use, and reasonable restrictions or conditions
to license the establishment of the proposed use will not prevent
detriment or menace as indicated.
(e)
In addition to the foregoing, the Planning Commission shall consider
the following in connection with an application for a Transient Rental
License:
(1)
Year-Round Rental Status. In the absence of adequate mitigating
measures proposed by the applicant, the application should be denied
where the subject property is or has been rented for periods of more
than 30 consecutive days to the same occupant at any time during the
two years preceding the application.
(2)
Neighborhood Impacts. The Planning Commission shall consider
the objections of the owners and occupants of neighboring properties
in determining whether the proposed transient rental use is consistent
with the surrounding properties and the extent to which such impacts
may be mitigated by the imposition of the standard conditions listed
below or by the imposition of additional conditions. The Planning
Commission may consider objections previously made in connection with
applications for transient rental use at other properties located
within the same general area as the subject application; however,
the Planning Commission should consider the time between the prior
application and the subject application, the geographical proximity
of the subject application to the prior application, any differing
circumstances, and additional mitigating measures proposed by the
applicant, and changes in the general area, in determining the weight
to be given such prior objections.
(3)
Single- and Multiple-Unit Properties. In the absence of other
negative findings, the Planning Commission should approve the application:
a.
Where the property is the only unit owned by the applicant in
the City and the applicant proposes to use the property himself from
time to time; or
b.
Where the subject property contains multiple units, and those
other units are utilized for year round rental or occupancy, or the
applicant owns other separate properties in the City of Avalon which
are utilized for year-round rental or occupancy.
(4)
Condominium Associations Having 10 or More Units. In the case
of an application concerning property located within a condominium
or similar congregate housing project consisting of 10 or more units,
the applicant shall be required to demonstrate that any governing
body of the subject association generally allows transient rental
uses at the condominium or congregated housing project.
(5)
The Planning Commission shall consider whether granting the
Transient Rental License shall result in any year round residence
located adjacent to the proposed transient rental having more than
a majority of the adjacent residences permitted or licensed for transient
rental use. "Adjacent" means having a common property line with the
proposed transient rental unit except for the existence of a public
street or alley.
(6)
The total square footage of the dwelling unit and the site of
each bedroom shall be considered for determining whether to grant
the Transient Rental License.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
In all cases where the Planning Commission denies the Transient
Rental License application, it shall notify the applicant within 10
days, in writing, either personally or by mail, of the denial and
the reasons therefore. The applicant may appeal such denial to the
City Council provided such appeal is served on the City, personally
or by mail, within 15 days of the date of the written notice of denial
and payment of an appeal fee in an amount to be set by resolution
of the City Council.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
(a)
Any Transient Rental License issued under this article may be revoked
or suspended where:
(1)
The licensee has violated any provision of this article;
(2)
Where a license has been granted on false or fraudulent evidence,
testimony or application; or
(3)
Where the licensee has violated the terms and conditions of
the license, including, but not limited to, the timely payment of
fees required by this article.
(b)
All matters pertaining to revocation or suspension shall be considered
by the Planning Commission. The Planning Commission shall give notice
of any proposed modification, suspension or revocation as set forth
in subsection(c) of this section. At the hearing, the licensee shall
be given the opportunity to appear personally or through counsel,
to be heard, to defend the charges and to call witnesses. Upon good
cause shown, the licensee shall be entitled to a continuance until
the next meeting of the Planning Commission. After conducting such
hearing, the Planning Commission may revoke, suspend for a stated
time period, or reinstate any license upon such terms and conditions
as in the exercise of sound discretion is determined to be appropriate.
The decision of the Planning Commission may be appealed to the City
Council.
(c)
The Planning Commission shall notify the person owning or operating
a use for which a modification, suspension, or revocation of a Transient
Rental License, which was the subject of a public hearing for modification,
suspension, or revocation, and such other persons known to the Planning
Commission as having any right, title or interest in the property,
of the action taken by the Planning Commission. Said notification
of the action by the Planning Commission shall be made either by serving
a notice in the manner required by the law for the service of a summons,
or by mailing a written notice using registered or certified mail,
postage prepaid, with a return receipt requested. Notice for such
modification, suspension, or revocation hearing shall also be provided
as required for the granting of a Transient Rental License.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
No person whose Transient Rental License has been revoked or
suspended shall engage in or carry on the business during the period
of suspension or after revocation until a new license shall have been
granted. Violations of this provision shall be punishable as a misdemeanor.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
Except for notice of a public hearing to consider an application,
modification, suspension, or revocation for a Transient Rental License,
any notice required to be given under this article may be given either
personally to the licensee or to any employee at the place of business
if the licensee is absent from the place of business, or by depositing
the notice with the United States Postal Service in a sealed envelope,
postage prepaid, addressed to the person listed in the application.
Service shall be deemed to be completed at the time of deposit. Proof
of giving service may be made by affidavit of any officer or employee
of the City or law enforcement personnel, showing service in conformity
with this article.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
(a)
No Transient Rental License or Conditional Use Permit issued under
this article shall be transferable, except as described herein. For
purposes of this section, a permissible "transfer" shall only mean
a one-time permissible transfer of a Transient Rental License or Conditional
Use Permit by grant or gift to immediate family members (defined as
spouses, siblings, children, grandchildren or parents), or as part
of a family trust. A "transfer" in the event of death of the licensee
or permittee to any of the immediate family members defined in this
section shall not be prohibited under this section and shall qualify
as a one-time permissible transfer.
(b)
Whenever there is any transfer of a Transient Rental License or transient
rental CUP, the transferor shall promptly notify the City of the transfer
and designate the person or entity as responsible for the license
or permit and subject to any required regulations contained in this
article.
(c)
Any permissible one-time transfer of a transient rental CUP permitted under this section shall be treated as the first of two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
(1)
Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then grants the property to which the Conditional Use Permit relates to his or her immediate family member, Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the sale of the property, which was from Person B to Person C. Person A's granting of the property to Person B is treated as the first of the two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021]
Transient Rental Licenses issued pursuant to this article shall
be renewed annually on or before January 1 of each year. The purpose
of the annual renewal is to determine compliance with the provisions
of this Code and any terms or conditions of a license issued under
this article. The Planning Department may, in the sound exercise of
discretion, renew licenses without conducting an investigation upon
the applicant's verification of the continuing validity of all information
submitted for initial issuance of the license, without payment of
additional processing fees.
[Added 12-15-2020 by Ord.
No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No.
1202-21, effective December 16, 2021]]
(a)
Registration, Inspection, and Licensing Requirements.
(1)
Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to obtain a City business license. Failure to obtain a business license or continuing to operate a transient rental after revocation of a business license constitutes a misdemeanor pursuant to § 1-2.01 of the Municipal Code, and may result in imposition of a fine upon conviction among other penalties.
(2)
All transient rentals shall be subject to collection of transient
occupancy tax as required by the Municipal Code, and each managing
agency, agent, owner and property manager of a transient rental shall
collect and make payment to the City of the transient occupancy tax
for their transient rental.
(b)
Sign Requirements. Each transient rental unit shall have posted in
a location that is clearly visible from the outside of the property
one sign with the contents set forth below. The sign shall either
be purchased at a reasonable cost through the City of Avalon Planning
Department or consistent with a template provided by the City. The
sign shall be made of material which affixes to a window, not to exceed
two square feet in size, have lettering of sufficient size to be easily
read from a place accessible to the public, and shall clearly contain
the following information:
(c)
Advertising Requirements. Any sign advertising the available use
of a transient rental unit must meet all of the advertising and sign
requirements found in the Avalon Municipal Code.
(d)
Notice and Rental Agreement Requirements.
(1)
Each transient rental unit shall have a clearly visible and
legible notice posted within the unit on or adjacent to the front
door, containing the following information:
a.
The name of the managing agency, agent, property manager, or
owner of the unit, and a local telephone number at which that party
or his agent may be reached on a twenty-four-hour basis;
b.
The maximum number of occupants permitted to stay in the unit;
c.
Notification that trash and refuse shall not be left or stored
on the property, the scheduled dates and times for pick-up at the
location, and an explanation of the City's recycling program;
d.
Notification that failure to conform to the parking and occupancy
requirements of the structure is a violation of this section;
e.
When the City has enacted water conservancy measures by ordinance,
notice of the requirements of such ordinance and a request that occupants
conserve water as much as possible in the use of showers, baths, faucets
and laundry;
f.
Notification that use of unenclosed decks and patios between
10:00 p.m. and 8:00 a.m. is prohibited where such use generates noise
which would disturb or annoy a reasonable person occupying the adjacent
properties; and
g.
A statement that Avalon has a "zero tolerance" policy towards
nuisances, rowdy and disruptive behavior and advising that the occupancy
will be immediately terminated for violations of this policy.
(2)
The foregoing information shall be stated in the rental information
and agreement provided to prospective renters prior to their occupancy
of the unit.
(e)
Vehicles. Off-street parking shall be provided on or off site such
that all vehicles bearing permits issued for the unit can be parked
off street, except when used pursuant to a temporary permit issued
to the owner as provided in Title 4. The owner, agent and managing
agency shall comply with the Avalon vehicle ordinance which (1) permits
transient renters to only use the vehicle which is permitted for the
location; and (2) prohibits the owner, agent or managing agency from
charging for the use of the vehicle, except:
(f)
Trash. The owner or managing agent shall provide written information
to each transient occupant setting out the schedule for trash pick-up
at the location and an explanation of the City's recycling program
and ensure that there are adequate materials for disposing of trash
in accordance with the City's program. All trash containers shall
be secured against animal incursion.
(g)
Maximum Occupancy. The maximum occupancy for transient rentals shall
be two persons (including children and infants) per bedroom, plus
two; provided the Planning Commission in its discretion may establish
a different maximum number where appropriate and reasonable to permit
fewer persons that the foregoing formula might otherwise allow and
may also increase the number that would otherwise be allowed under
the foregoing formula where facts are presented demonstrating that
the configuration of the property warrants it. Reasons for establishing
a different maximum occupancy number include, but are not limited
to:
(h)
Unenclosed Areas. The use of unenclosed areas, such as decks and
balconies, attached to each transient rental unit shall be prohibited
between the hours of 10:00 p.m. and 8:00 a.m. Monday through Sunday.
(i)
Code Compliance, Fire Safety and Inspection. Each dwelling unit used
for transient rental within the City is subject to all of the following
inspection requirements:
(1)
The owner shall be responsible for compliance with all codes
regarding Fire, Building and Safety, Health and Safety and other relevant
laws and the requirements of paragraph (8) of this subsection.
(2)
Any transient rental unit which was permitted or legally nonconforming
and in existence prior to the effective date of this subsection shall
be made available for inspection within 30 days after the effective
date of this subsection.[1] The City shall endeavor to inspect all such units within
180 days of the effective date of this subsection. The Planning Department
shall coordinate with the property owner and the inspectors to arrange
for notice and the date of inspection. Within 15 days following inspection,
the inspectors shall submit an original, signed inspection report
to the Planning Department, or, where applicable, provide notice that
the property owner has unreasonably prevented inspection. Failure
to cooperate with the scheduling of the inspection shall subject the
approval to use the unit as a transient rental to revocation. Any
new transient rental unit established after the effective date of
this subsection shall be inspected prior to commencement of the use,
which inspection shall be scheduled and conducted within 30 days of
approval. In addition to the registration for each unit as required
in subsection (a) of this section, an original, signed inspection
report for each unit shall be submitted to the Director of Finance
in order to obtain approval to use the unit as a transient rental.
[1]
Editor's Note: Article 3 was adopted 12-15-2020 by Ord. No.
1192-20; effective February 1, 2021.
(3)
Inspections shall be conducted by a qualified inspector(s) authorized
and approved by the City to conduct such inspections. Inspectors shall
demonstrate appropriate qualifications to conduct the required inspections
as determined by the Building Official or the Fire Department, as
applicable. The cost of such inspections, plus any administrative
charges shall be paid by the owner pursuant to the City's adopted
fee schedule. The City shall make every reasonable effort to ensure
that inspections are completed in a timely manner.
(4)
After the initial inspection, each rental unit shall be reinspected
no less than once every three years following the original inspection.
Verification of inspection will be done at the time of business license
renewal. Failure to submit inspection reports shall result in revocation
of approval to use the unit for transient rentals.
(5)
Inspections shall verify compliance with all applicable provisions
of this section.
(6)
If upon completing an inspection of a transient rental, the
inspector(s) determines that the unit is not in conformance with this
section, the inspector shall provide the managing agency, agent, owner
or property manager with a list of required corrections, set a reasonable
time for correction and a date for reinspection. A copy of the foregoing
shall also be given to the Planning Department. If the unit is registered
with the City as a transient rental, approval by the City to use the
unit for transient rental shall be suspended until correction and
reinspection if determined by the inspector to present an immediate
health and safety hazard, and submission of a new inspection report
for the unit indicating compliance with this section. If the unit
is not yet registered with or approved by the City, approval for its
use as a transient rental shall be withheld until submission of a
new inspection report for the unit indicating compliance with this
section.
(7)
Noncompliance by an owner, managing agency, property manager
or agent of the requirements for registration, inspection and operation
of transient rentals may result in the revocation of the business
license and Transient Rental License authorizing the use, and upon
revocation, no new business license or Transient Rental License may
be issued to the same transient rental licensee for a period of 12
months following such revocation.
(8)
The following requirements for transient rentals will be evaluated
upon inspection of each unit, and shall constitute minimum requirements.
The unit must be brought into conformance with these requirements
and any other applicable codes and ordinances in order for the use
to be allowed.
a.
Required sign and notice must be posted, and address of unit
must be legible from outside the property unless exempted.
b.
Smoke detectors shall be installed within each sleeping room
and at a point centrally located in the corridor or area giving access
to each separate sleeping room. Battery-operated smoke detectors are
acceptable, provided that they are maintained in good working order
at all times, or except as required by other applicable codes. Where
fire suppression systems have been installed, such systems shall also
be subject to the inspection and testing requirements set forth in
Title 4, Chapter 3.
c.
The transient rental shall be equipped with a minimum of one
2A:10B:C type extinguisher with 75 feet of travel distance to all
portions of the structure; there shall be no less than one such extinguisher
per floor. Fire extinguishers shall be mounted in visible locations
with the tops of the extinguishers mounted between three feet and
five feet above the floor and shall be accessible to occupants at
all times. California State Fire Marshal annual certification tags
must be provided and be current on all extinguishers.
d.
Any locking mechanism on outside doors must be operable from
inside the unit without the use of a key. If the dwelling unit is
greater than 3,000 square feet in area, two exit doors shall be required,
each of which shall conform to this requirement.
e.
Transient rentals shall be maintained in a clean and sanitary
condition and free from hazards, which shall include meeting the following
requirements:
1.
There shall be no exposed wiring, improper wiring materials,
or overloaded electrical circuits;
2.
There shall be no permanent use of extension cords for appliances,
heaters, lamps or other fixtures;
3.
There shall be no leaking fixtures, clogged or leaking wastewater
lines;
4.
Faucets and fixtures shall be maintained in working conditions;
5.
Showers, sinks and bathing facilities shall be clean and properly
maintained;
6.
There shall be no evidence of pest infestations;
7.
If directed by the Fire Department, bedroom windows shall be
operable to allow for emergency egress:
8.
There shall be at least one window per bedroom, to allow for
proper interior ventilation;
9.
There shall be no accumulation of trash and/or debris on the
site or within the unit;
10.
All steps, stairways, decks and railings shall be stable and
structurally sound;
11.
All standard appliances, including but not limited to kitchen
appliances, furnaces and water heaters, shall be operational;
12.
Any hot tubs, pools and spas shall be fenced or equipped with
an approved cover with locking mechanisms as required by State law,
and shall be maintained in a safe and sanitary condition;
13.
Any lofts or attic conversions shall be provided with acceptable
exiting and head clearance; stairs or providing access to these areas
shall be safe and structurally sound; and
14.
Exits shall remain clear of storage, debris or impedance at
all times.
(9)
The managing agency, agent, property manager, or owner of the
unit whose name and local telephone number appears on the sign pursuant
to subsection (b) of this section must maintain a physical presence
within the geographical limits of the City of Avalon during the term
of the transient rental unit lease in order to provide prompt response
to complaints.
(j)
Annual Minimum Stay. Any managing agency, agent, owner or property
manager who rents one or more transient rentals shall be required
to ensure a minimum stay of at least three nights in each transient
rental per calendar year.
