This article shall be known and cited as the "Short-Term Rental Ordinance" and referred to in this Article
XII of Chapter
450 as the "article."
This article creates an overlay zone, which shall apply to all
noncommercial residential properties within the City regardless of
where the property is located. The requirements of this article shall
apply to dwelling units that are rented at anytime for a short duration
that are not part of a commercial business enterprise, such as hotels,
motels or commercial unit rentals located on a single lot or a group
of contiguous lots within a commercial zoning district. The requirements
in this article apply to dwelling units on noncontiguous property
owned or operated by a hotel, motel or commercial unit rental owner.
For purposes of §§
450-141 through
450-152, the following words and phrases shall have the meaning as contained below:
LOCAL CONTACT PERSON
An owner, representative of the owner or local property manager
who resides in the City or within proximity of the City limits such
that he or she is available to respond within an hour or less to any
tenants, renters, and/or is authorized to respond to any violation
of this article.
MANAGING AGENCY or MANAGING AGENT
A person, entity or any other agent licensed with the New
Mexico Real Estate Commission and representing the owner of the subject
property, or a person or entity owning the subject property.
OPERATOR
A person who is a proprietor of a residential rental unit,
whether in the capacity of owner, lessee, sublessee or mortgagee in
possession of the subject property.
OWNER
Any person or entity who has any interest of the whole or
part of the subject property, or any person or entity in possession
and control of the subject property.
REMUNERATION
Compensation, money, rent or any other consideration given
in return for occupancy, possession or use of the subject property.
RENT
The consideration charged, whether or not received, for the
occupancy or use of a short-term residential rental, valued in money,
whether received as money, goods, labor or other form of payment,
including all receipts, cash, credit, property, other items of value
or services of any kind, without any deductions whatsoever.
SHORT-TERM RESIDENTIAL RENTAL
One or more dwelling units, including without limitation
a single-family detached or multifamily attached unit, rented for
the purpose of overnight lodging for a period of not less than one
night or more than 29 consecutive days to the same person, persons
or entity.
SLEEPING UNIT
Shall have the meaning in the International Building Code
2015, as amended, including without limitation a room or space in
which a person or persons may sleep, which may also include permanent
provisions for living, eating, sanitation facilities and/or kitchen
facilities. Such rooms and spaces that are part of a dwelling unit
are not sleeping units.
THIRD-PARTY INTERNET LISTING SERVICE
An internet-based or online marketplace that connects short-term
residential rentals to potential customers by way of a website or
application for a service fee. Third-party listing agent shall not
mean local contact person or managing agency.
No residential unit shall be rented without having a current
valid short-term residential rental permit issued by the City. Short-term
residential rental permits may be issued by the City to the owner
of the subject property for a period of one year, which said permits
shall not be transferable or refundable. Nothing in this article shall
be construed to constrain the ability of neighborhood covenants, deed
restrictions or other constraints to be more restrictive than the
requirements contained in this article.
At least 60 days prior to the expiration of the permit, or when
there is a change to the information contained in the permit, a new
permit application shall be submitted to the City. Advertising, offering
or accepting renters for a short-term residential rental in the absence
of a current and unrevoked permit shall be a violation of this article.
Exterior signage on short-term residential rentals is prohibited.
In addition to any other penalties or fines authorized herein
or by City code, the owner(s) of a short-term residential rental shall
incur a penalty of $500 for each day a short-term residential rental
is advertised, offered for rent, or rented in absence of a current
and unrevoked City-issued permit as described in this article. The
permit of any short-term residential rental shall automatically be
revoked upon the assessment of any penalty or the violation of any
part of this article, and shall remain revoked until all violations
of this article are fully remedied and any and all penalties assessed
pursuant to this article are paid in full.