This chapter may be cited as the "Regulation of Short-Term Rentals."
Due to the recent influx and popularity of short-term rental
properties in Doña Ana County, it is necessary to regulate
these businesses and promulgate rules for the safety and security
of property owners, short-term renters, and the communities in which
the rentals are located. This chapter is adopted to implement procedures,
processes and standards for the regulation and operation of short-term
rental properties in Doña Ana County's jurisdiction.
As used in this chapter, the following terms shall have the
meanings indicated:
ADEQUATE INSURANCE
Property insurance to cover both the building and personal
belongs and a minimum of $1,000,000 liability insurance.
BUSINESS REGISTRATION
The authority granted by the County to a person, authorizing
the person to engage in a business activity or engage in business
in a listed licensed activity.
ENGAGING IN BUSINESS
Carrying on or causing to be carried on any trade with the
purpose of direct or indirect benefit.
GOOD CAUSE
The enforcement standard applicable to any activity or inaction
by a person engaging in a short-term rental in the County, and includes,
but is not limited to:
A.
Failure to pay all license fees, plus late fees;
B.
Failure to file required county forms;
C.
Failure to perform the terms, conditions or requirements as
set forth on the license; or
D.
Other actions of the applicant that violate this chapter or
any other County ordinances.
PERSON
Any individual, estate, trust, receiver, cooperative association,
club, corporation, company, firm, partnership, joint venture, syndicate
or other entity.
PLACE OF BUSINESS
For the purpose of this chapter, any premises to which the
public is invited for the purpose of engaging in a short-term rental.
PROPERTY OWNER
Any person owning a short-term lodging rental property.
SHORT-TERM RENTAL PROPERTY
Any real property that is rented to a member of the public
by a property owner where the renter has not manifested an intent
to make the dwelling unit a residence or household. Short-term rental
property does not include owner/management occupied property where
all meals are prepared for guests and provided for them, also known
as a bed-and-breakfast (BnB), and does not include hotels and motels.
In addition to any other fees required under Chapter
179, the fee to obtain a short-term rental permit from CDD shall be a one-time fee of $50.