The purpose of this article is to safeguard the life, health,
safety, welfare, and property of the occupants of residential dwelling
units, the neighbors of said occupants, and the general public, through
the regulation of short-term rental residential property. The intent
of this article is to provide for the permitting and registration
of short-term rentals and ensure compliance with health and safety
regulations of the city.
(Ordinance 1235 adopted 7/19/22)
The provisions of this article shall apply to all existing and
future residential properties.
(Ordinance 1235 adopted 7/19/22)
The director of the department designated by the city manager
to enforce and administer this article, including the director’s
designees.
The act of drawing the public’s attention to a short-term
rental in order to promote the availability of the residence for use
as a short-term rental. Said advertising may be found in any medium,
including but not limited to, newspaper, magazine, brochure, website,
or mobile application.
The living area(s) of the dwelling unit that is designed
and furnished for sleeping and which has proper egress as required
by the International Residential Code or other applicable building
regulations adopted by the city.
Any individual person living, sleeping or possessing a building,
or portion thereof. A person is not required to be paying rent, providing
in-kind services, or named in any lease, contract or other legal document
to be considered an occupant.
The owner or local responsible party tasked with managing
a property operating as a short-term rental on behalf of the owner.
Any person, agent, firm, trust, corporation, partnership,
or any other legal entity who has a legal or equitable interest in
the property; or who is recorded in the official records of the county
as holding title to the property; or who otherwise has control of
the property, including the guardian of the estate of any such person,
and the executor of the estate of such person if ordered to take possession
of real property by a court.
Property, a lot, plot or parcel of land, including any structures
or portions of structures thereon.
A residential premises, or portion thereof, used for lodging
accommodations to occupants for a period of not more than thirty (30)
consecutive days. The definition of short-term rental does not include
a hotel, motel or inn.
(Ordinance 1235 adopted 7/19/22)
(a)
It
shall be unlawful for any owner or person to rent, lease, advertise,
or otherwise permit or allow any residential premises to be operated
or used as an unpermitted short-term rental.
(b)
It
shall be an affirmative defense to a violation of this section that
the occupant is a party to the sale of the premises and was occupying
the premises pursuant to a written post-closing occupancy agreement.
(c)
Any
advertisement, whether it be online or in print, promoting the availability
of a property within the city for rent for a period of thirty days
(30) or less shall constitute prima facie evidence of the property’s
use as a short-term rental.
(Ordinance 1235 adopted 7/19/22)
An owner who desires to use its premises as a short-term rental
must have a valid, active short-term rental permit from the city prior
to using, allowing the use of, or advertising the use of said premises
as a short-term rental. Upon application to the city, a short-term
rental permit shall be approved by the administrator, or designee,
if the application satisfies all the conditions of this article, and
all other applicable regulations of the city. The administrator may
place reasonable conditions on a short-term rental permit to ensure
compliance with the provisions of this article.
(Ordinance 1235 adopted 7/19/22)
A short-term rental permit shall expire on the last day of the month one year after the date of issuance. No short-term rental permit may be renewed without a completed renewal application submitted by the owner and payment of the renewal fee pursuant to section 4.13.011. If the renewal application satisfies all the conditions of this article and all other applicable city regulations, including the zoning code, an application for the renewal of a short-term rental permit shall be approved by the administrator. The administrator may place reasonable conditions on a short-term rental renewal permit to ensure compliance with the provisions of this article.
(Ordinance 1235 adopted 7/19/22)
(a)
Except
as provided in this section, every complete application for a short-term
rental permit shall include the following information with such detail
and in a form approved by the administrator:
(1)
The name, address, contact information and authenticated signature
for the owner of the premises;
(2)
The name, address and contact information of the operator, agent if any, and designated local responsible party as required in section 4.13.008;
(3)
The city registration number for hotel occupancy tax;
(4)
A plot plan of the premises identifying the location of parking spaces
to be used in conjunction with the short-term rental;
(5)
A dimensioned floor plan of the proposed short-term rental identifying
bedrooms, other living spaces and emergency evacuation routes;
(7)
The name and contact information for the property or homeowner’s
association, if any, of which the premises is covered by the dedicatory
instruments;
(8)
A copy of the proposed host rules for the short-term rental, if any;
and
(9)
Such certifications deemed necessary and proper to ensure compliance
with this article.
(b)
An
application for a short-term rental renewal permit must be filed at
least thirty (30) days prior to expiration of a current permit. Every
complete application for a short-term rental renewal permit shall
include updates, if any, to the information contained in the original
permit application or any subsequent renewals. The permit holder shall
sign a statement affirming that there is either no change to such
information, or that any updated information is accurate and complete.
The administrator may require such certifications deemed necessary
and proper to ensure continuing compliance with this article.
(c)
An application for a short-term rental renewal permit submitted after the expiration of the most immediate permit for the premises shall be treated as an application for a new permit as described in subsection (a) of this section.
(d)
If
a complete application for a short-term renewal permit is submitted
less than thirty (30) days prior to expiration of the current permit,
the administrator in his or her sole discretion may grant a one-time
extension of the current permit not to exceed ten (10) days.
(Ordinance 1235 adopted 7/19/22)
An owner must designate the name and contact information of
a local responsible party who can be contacted regarding immediate
concerns and complaints from the public. Said individual must be available
to be reached in person or by phone at all times while occupants are
on the premises of a short-term rental. If called, a local responsible
party must be able to and shall be present at the premises within
one (1) hour of receiving a call from the administrator. A local responsible
party must be authorized to make decisions regarding the premises
and its occupants.
(Ordinance 1235 adopted 7/19/22)
It shall be unlawful for the owner of a premises operating as
a short-term rental to operate without host protection or other liability
insurance commensurate with the operations of the short-term rental
that provides coverage of up to $1 million per occurrence and names
the city, its officials, employees, agents, and officers as an “additional
insured” on all policies. A certificate of insurance must be
on file with the administrator. Proof of insurance shall be required
at the time of application and notice of cancellation of insurance
must be made to the administrator within thirty (30) days.
(Ordinance 1235 adopted 7/19/22)
No permit or renewal permit will be approved for a short-term rental until the city has inspected the premises and found the premises to be in compliance with this article and all city regulations governing minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a reinspection fee may be charged for each subsequent inspection in accordance with section A4.007 of appendix A of this code.
(Ordinance 1235 adopted 7/19/22)
A fee established by the city council will be charged to reimburse
the city for all costs associated with the administration of this
article.
(Ordinance 1235 adopted 7/19/22)
It shall be unlawful for an owner of premises used for a short-term rental to fail to pay hotel occupancy taxes required under state law and article 11.04 of this code, as amended. Upon request of the administrator or the finance department of the city, the owner of a premises used as a short-term rental shall remit, within thirty (30) days, an accounting of all occupants who rented the premises and the hotel occupancy taxes paid therefor. It shall be unlawful for a person to fail to provide said information requested in a timely manner.
(Ordinance 1235 adopted 7/19/22)
A short-term rental permit is non-transferable and shall not
be assigned nor transferred to another person or entity. Any attempt
to transfer a permit or attempt to use another person’s permit
may be grounds for revocation of the permit.
(Ordinance 1235 adopted 7/19/22)
An owner or operator shall provide a notice of instructions
to occupants staying at the premises. The notice shall instruct the
occupants as to all applicable city regulations pertaining to short-term
rentals. Additionally, this notice shall include, at a minimum, information
regarding the name, address, and contact information of the operator;
identification of the parking spaces to be used in conjunction with
the short-term rental, and a floor plan identifying the location of
safety features and emergency evacuation routes on the premises.
(Ordinance 1235 adopted 7/19/22)
A copy of the approved short-term rental permit shall be posted
at a conspicuous location inside the front entrance(s) to the short-term
rental.
(Ordinance 1235 adopted 7/19/22)
It shall be unlawful for an owner or person to advertise a short-term
rental in any medium, including but not limited to newspaper, magazine,
brochure, website, or mobile application without including the current
permit number assigned by the administrator.
(Ordinance 1235 adopted 7/19/22)
It shall be unlawful for an owner or person to use, advertise
or promote or allow the use, advertisement or promotion of a short-term
rental using a permit number not assigned to the owner or person,
or to a different address, or to a different dwelling unit.
(Ordinance 1235 adopted 7/19/22)
Within ten (10) days of the approval of a short-term rental
permit, a notice will be sent by the planning and development department
of the city to all property owners within two hundred feet (200 ft.)
of the premises, and shall include a contact number for complaints
and emergencies, and pertinent information about this article.
(Ordinance 1235 adopted 7/19/22)
(a)
Citation.
If the owner or operator of the short-term
rental fails or refuses to comply with the standards and requirements
contained herein, the city may initiate enforcement action against
the owner or operator, including, but not limited to, the immediate
issuance of a citation.
(b)
Grounds for revocation.
Any permit issued hereunder
may be revoked by the administrator if the owner and/or operator has:
(1) received more than three citations for violations of this article;
(2) failed or refused to comply with an express condition of the permit
and remains in non-compliance ten (10) days after being notified in
writing of such non-compliance; (3) knowingly made a false statement
in the application; (4) failed to pay hotel occupancy taxes; or (5)
otherwise become disqualified for the issuance of a permit under the
terms of this article.
(c)
Notice.
Notice of the revocation shall be given to the
permit holder in writing, with the reasons for the revocation specified
in the notice, served either by personal service or by certified United
States mail to their last known address. The revocation shall become
effective the day following personal service or if mailed, three (3)
days from the date of mailing.
(d)
Appeal; hearing.
The permit holder shall have ten (10)
working days from the date of such revocation in which to file notice
with the administrator of their appeal from the order revoking said
permit. The administrator shall provide for a hearing on the appeal
in accordance with the provisions of this article. The administrator
shall give written notice of a decision on an appeal to the appellant.
An appellant who seeks judicial review of the administrator’s
review on appeal must file a petition with a court of competent jurisdiction
not later than the 30th day after receipt of the notice of the decision.
(e)
One-year waiting period.
In the event an owner’s
short-term rental permit is revoked by the administrator, no second
or additional permit shall be issued for a short-term rental on the
premises for one year of the date such permit was revoked.
(Ordinance 1235 adopted 7/19/22)
(a)
Upon
denial or revocation of a permit, the administrator shall notify the
applicant or permit holder, in writing, of the reason for which the
permit is subject to denial or revocation. To contest the denial or
revocation of a permit, the applicant or permit holder shall file
a written request for a hearing with the administrator within ten
(10) working days following service of such notice. If no written
request for hearing is filed within ten (10) days, the denial or revocation
is sustained.
(b)
The
appeal shall be conducted within twenty (20) days of the date on which
the notice of appeal was filed with the administrator.
(c)
The
hearings provided for in this section shall be conducted by the administrator
or a designated hearing officer at a time and place designated by
the administrator or the hearing officer. Based upon the recorded
evidence of such hearing, the administrator or the designated hearing
officer shall sustain, modify or rescind any notice or order considered
at the hearing. A written report of the hearing decision shall be
furnished to the applicant or permit holder requesting the hearing.
(d)
The
determination of the administrator or designated hearing officer shall
be final.
(e)
An
appeal shall not stay the denial or suspension of the permit unless
otherwise directed by the administrator.
(Ordinance 1235 adopted 7/19/22)
Following the effective date of this article, the owner and/or
operator of a property used as a short-term rental must apply for
a permit within sixty (60) days of the effective date of this article.
The owner and/or operator of a property used as a short-term rental
that was operating prior to the effective date of this article and
who is unable, fails, or refuses to obtain a permit for operation
as a short-term rental following the effective date of this article
shall discontinue the short-term rental use within the later of sixty
(60) days after the effective date of this article or the notice of
permit denial.
(Ordinance 1235 adopted 7/19/22)
