[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-18-2022 by Ord. No. 2022-06. Amendments noted where applicable.]
The purpose of this ordinance is to maintain a registry of all long-term rental (LTR) housing that requires registration and gathers relevant associated data to assist the Town with understanding the nature of the existing rental housing stock and its characteristics, and in formulating housing policies.
COMPENSATION
Payments made for the residential rental of a dwelling unit including, but not limited to, money, services, trade, or a combination thereof.
DWELLING
A building or portion thereof used exclusively for residential occupancy and containing one or more dwelling units.
DWELLING UNIT
A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters and containing cooking, sleeping and toilet facilities. Recreational vehicles are not residential dwelling units.
LONG-TERM RENTAL (LTR) HOUSING
Any dwelling unit that is rented or available for rent for a period of 30 consecutive days or more, in exchange for compensation.
A. 
The provisions of this chapter apply to all LTR housing, including but not limited to: dwellings and dwelling units.
B. 
The provisions of this chapter do not apply to the YWCA Mount Desert Island, Short-Term Rentals, Employee Living Quarters, Shared Accommodations, any type of transient accommodation of less than 30 days, government regulated housing under HUD regulations, campgrounds, on-campus college dormitories, convalescent and/or congregate housing, and nursing homes; all as defined in Chapter 125 of the Bar Harbor Municipal Code.
A valid LTR registration issued under the terms of this chapter is required. No person, including without limitation a property owner, owner’s associate, real estate broker, or property manager, shall allow any rental housing to be occupied, let or offer any rental housing to another person for occupancy unless the owner has a valid registration under the terms of this chapter. Any person renting without a registration is in violation of these provisions.
A registration pursuant to this chapter shall be issued to the property owner of record. One registration shall be issued for each dwelling being offered separately for rent as a LTR. No transfer of registration is allowed between property owners or properties.
Each year, the property owner of record shall submit a registration application for each dwelling unit being rented as a LTR. All registrations expire on December 31.
There is no fee associated with the registration process.
A registration application shall be made to the Code Enforcement Officer on forms provided by the Code Enforcement Officer for such purpose and shall include the minimum following information:
A. 
Registration filed in March: $50.00.
B. 
Registration filed between April 1 and July 31: $100.00 per month or portion thereof.
C. 
Registration filed between August 1 and December 31: $200.00 per month or portion thereof.
A registration application shall be made to the Code Enforcement Officer on forms provided by the Code Enforcement Officer for such purpose and shall include the minimum following information:
A. 
Property owner name, mailing address, contact information, and email address;
B. 
Name of primary party responsible for the property, mailing address, contact information, and email address;
C. 
Street address of the property;
D. 
Map and lot number;
E. 
Number and type of long-term rental units on the property;
F. 
Number of bedrooms in each unit;
G. 
Other information as deemed relevant to the housing characteristics.
The Code Enforcement Officer shall have the authority to issue LTR registrations and enforce the provisions of this chapter.
Inspections are not currently required for LTRs.
Violation of operating without a registration.
It shall be a violation of this chapter for any person to advertise for rent, rent, or operate a LTR without a valid registration. The provisions of this chapter shall be enforced by the Code Enforcement Officer pursuant to Chapter 125, Article X of this Code and 30-A M.R.S.A. § 4452, as the same may be amended.
In accordance with the process outlined in § 125-103, the Board of Appeals may, upon written application of an aggrieved party received by the Planning Department within 30 days of any decision or enforcement action by a municipal body or official who interprets this chapter, hear appeals from such decision. For purposes of this section, the term "decision" is limited to an order, decision, ruling, or enforcement action made in writing.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held invalid or unconstitutional or if the application of this chapter to any person or circumstances is held invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter.