[HISTORY: Adopted by the Town Board of the Town of St. Joseph 12-8-2022 by Ord. No. 2022-10. Amendments noted where applicable.]
The purpose of this chapter is to ensure a short-term rental
operating in a residential dwelling within the Town of St. Joseph
is adequate for protecting health, safety and general welfare, including
establishing minimum standards for human occupancy, determining the
responsibility of property owners, agents, and property managers offering
these properties for rent; to provide minimum standards necessary
for the health and safety of persons occupying or using buildings,
structures or premises as well as the surrounding community; and provisions
for the administration and enforcement thereof.
The Town Board of the Town of St. Joseph has been authorized
to exercise village powers. The Town Board adopts this chapter under
its general village powers authority and § 66.1014, Wis.
Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who travels to a location away from his or her permanent
address for a short period of time for vacation, pleasure, recreation,
culture, business, or employment and rents a short-term rental.
A person who provides property management services for one
or more short-term rentals and who is authorized to act as the agent
of the property owner for the receipt of service of notice of municipal
ordinance violations and for service of process pursuant to this chapter.
Any such property manager is required to follow all State of Wisconsin
laws including, but not limited to, §§ 452.01(2) and
§ 452.03(1), Wis. Stats., which may require certain property
managers to possess a valid Wisconsin real estate broker's license.
The person(s) who own(s) the residential dwelling that is
being rented.
Any building, structure, or part of the building or structure,
that is rented, used or intended to be used by the property owner
as the property owner's primary or secondary home, residence,
or sleeping place by one or more persons maintaining a common household,
to the exclusion of all others.
A residential dwelling offered or occupied for rent for a
fee or similar consideration for fewer than 29 consecutive days. Short-term
rental does not include the following: bed-and-breakfasts; hotels;
motels; rooming houses; as covered under Ch. DHS 195, Wis. Adm. Code.
A.
Each short-term rental shall comply with all of the following requirements:
(1)
No recreational vehicle, camper, tent or other temporary lodging
arrangement shall be permitted on site as a means of providing additional
accommodations for paying guests or other invitees. Sleeping quarters
related to a short-term rental use shall only be located within residential
structures on the property.
(2)
Any outdoor event held at the short-term rental shall last no longer
than one day, occurring between the hours of 8:00 a.m. and 10:00 p.m.
At a minimum, a ten-consecutive-day interval must occur between outdoor
events held at the short-term rental. The number of persons present
at an outdoor event, at any one time, is limited to no more than twice
the capacity of the sleeping quarters of the short-term rental.
(3)
A local property management contact (either the property owner or
an appointed property manager) must be on file with the Town at all
times and must be located within 35 miles of the short-term rental
at any time that the property is being used by guests. The property
owner must provide the Town Clerk with current contact information
of the local property management contact and such contact must be
available 24 hours a day, seven days a week, by telephone at any time
that the property is being used by guests. The Town Clerk must be
notified within 72 hours of any change in contact information (24
hours if the property is currently in use by guests). Such contact
information shall also be posted at the main entrance of the short-term
rental principal building.
(4)
Each short-term rental shall hold a valid State of Wisconsin Tourist
Rooming House License and shall provide proof of such license by attaching
a copy to the initial license application and all subsequent renewal
applications.
(5)
A minimum of one off-street parking stall shall be provided for every
guest bedroom. All off-street parking shall be established outside
of the Town highway/road right-of-way or joint access roadway easement.
(6)
All refuse containers shall be labeled (i.e. trash, recyclables,
cardboard, etc.) and instructions for recycling shall be posted in
a prominent place inside the principal residential building on the
property.
(7)
Trash/garbage/refuse and recyclable materials removal shall be the
responsibility of the property owner/property manager to dispose of
the trash/garbage/refuse and recyclables as needed. Such service shall
be evidenced by a contract with a licensed garbage handler or, if
not contracted, by the name of private party responsible for weekly
trash removal.
(8)
The property owner must provide proof of adequate sanitation facilities
for the proposed use from St. Croix County Public Health.
(9)
Property that is used for a short-term rental establishment must
have clearly delineated property lines, by fences, vegetation or other
means. Such clear delineation must be maintained for the duration
of the license period to ensure that all tenants of the property are
clearly aware of the boundaries of the property and confine their
use to the applicable parcel. (Alternatives to this requirement, such
as a map of the property with accompanying photos of boundaries, may
be approved by the Town Board.)
(10)
The Town Board reserves the right to revoke or suspend the license
for short-term rentals if the property has been declared a public nuisance affecting the peace and
safety of the public. Public nuisances shall include, but are not
limited to, loud and unnecessary noises, including those produced
by animals, the unlawful use of fireworks, unlawful or unauthorized
use of any Town highway/road which causes large crowds to gather or
obstructs traffic, and illegal or unlawful activity of any kind.
(11)
An evacuation plan, including an exit map, must be posted for
the duration of the rental on the door of every bedroom in residential
structures on the property.
(12)
Smoke and carbon monoxide detectors, and fire extinguishers,
must be provided as required by Ch. ATCP 72, Wis. Adm. Code.
B.
Every short-term rental license expires on June 30 of each year and
shall be eligible to apply for one-year renewal periods. The Town
Clerk shall accept a renewal application for short-term rentals. All
renewals shall be subject to the following:
(1)
The Town Board may renew a short-term rental license if the property
owner has demonstrated it has met all of the current conditions then
existing unless a condition has been specifically waived by the Town
Board or Board of Adjustment. The Town Board reserves the right to
add additional conditions required by amendments to this chapter.
(2)
The Town Board may deny renewal of the short-term rental license
if the property is deemed to be a nuisance or has failed to meet any
of the requirements established.
C.
If the Town Board determines that any statement made on the short-term
rental license application, or any renewal application, is incorrect
or false, the Town Board may, at any time, immediately and summarily
revoke the short-term rental license.
D.
Property rules. A list of property rules shall be posted at the property,
provided to guests, and a copy submitted with the application for
a license. Property rules and postings shall include the following
minimum information:
(1)
Maximum occupancy of the property.
(2)
Contact information for the property manager.
(3)
Where to park and any easement road accessibility rules.
(4)
Quiet hours from 11:00 p.m. to 7:00 a.m.
(5)
Outdoor burning regulations.
(6)
Fireworks regulations.
(7)
Nonemergency contact information for law enforcement and fire.
(8)
If applicable, information on the location of the high water alarm
for the POWTS (Private On-site Waste Treatment System) and procedure
to follow if the alarm is activated.
(9)
Recycling requirements and what to do with the garbage after the
rental period is done.
(10)
Copy of the State of Wisconsin Tourist Rooming House license.
(11)
Statement directing tenants to refer to local ATV/UTV, boating,
and snowmobile regulations.
(12)
The property owner shall provide a copy of this chapter along
with a current copy of the short-term rental license to any person
using the property for short-term rental purpose prior to the commencement
of each use.
A.
No person may maintain, manage, or operate a short-term rental more
than 10 nights each license year without a Town short-term rental
license issued pursuant to this chapter.
B.
Licenses shall be issued using the following procedures:
(1)
All applicants for a short-term rental license shall be on file with
the Town Clerk on forms provided. Applications must be filed by the
property owner no later than 60 days in advance of the date the property
is first offered for rent. No license shall be issued unless the completed
application form is accompanied by the payment of the required application
fee. The application shall include the following:
(a)
Address and tax parcel number of the residential dwelling.
(b)
Names, addresses and phone numbers of the applicant, owner of
the dwelling, and property manager, if any.
(c)
Copy of State of Wisconsin Tourist Rooming House license.
(d)
Proposed occupancy for the dwelling.
(e)
Floor plan of all floors to be occupied in the dwelling, drawn
neatly and accurately with dimensions clearly shown.
(f)
Site plan drawn neatly and accurately of the parcel, including
but not limited to lot lines, parking, and location of garbage collection
areas.
(g)
Copy of property rules.
(h)
Contact information of party responsible for removal of trash/garbage/refuse
and recyclables on a weekly basis.
(i)
Proof of adequate sanitation facilities from St. Croix County
Public Health.
(j)
Proof of adequate ($1,000,00) liability insurance.
(k)
Information on any booking services used for the property.
(2)
The Town Clerk shall issue a short-term rental license to all applicants
following payment of the required fee, receipt of all information
and documentation requested by the application, and Town Board approval
of the application.
C.
A short-term rental license shall be effective for up to one year
(expiring on June 30) and may be renewed for additional one-year periods.
A renewal application and renewal fee must be filed with the Town
Clerk at least 45 days prior to license expiration so that the Town
Board has adequate time to consider the application. The renewal application
shall include any updated information since the filing of the original
application. An existing license becomes void and a new application
is required any time the ownership of a residential dwelling licensed
for short-term rentals changes. The Town Board is not obligated or
required to issue a short-term rental license for the new owner.
D.
The Town Board may suspend, revoke, or non-renew a short-term rental
license following a due process hearing if the Town Board determines
that the licensee: (a) failed to comply with any of the requirements
of this chapter; (b) has been convicted or whose property manager
or renters have been convicted of engaging in illegal activity while
on the short-term rental premises within the past 12 months; or (c)
has outstanding fees, taxes, or forfeitures owed to the Town/county
in violation of existing Town/county ordinances. The revocation process
shall be applied/invoked as follows:
(1)
The owner of the property shall be notified of any noncompliance
or complaint by the Town Clerk.
(2)
The owner shall correct the violation within 72 hours to the satisfaction
of the Town Board.
(3)
Upon scheduling of the hearing, the Town Clerk will notify the owner
of the property at least two weeks prior to the hearing date.
(4)
The Town Clerk will attempt to notify all property owners located
within 500 feet of the property at least two weeks prior to the public
hearing.
(5)
A representative of the Town shall appear at the hearing to present
evidence of noncompliance. All other interested parties may also give
testimony at the hearing.
(6)
A written decision of the Town Board will be made and will be provided
to the owner.
(7)
If the license is revoked, the owner may apply for a new license
after a twelve-month revocation period.
A.
Any violation of the provisions of this chapter will result in a
$500 fine charged to the property owner for each violation. Each day
a violation exists or continues constitutes a separate offense under
this chapter.
B.
Penalties set forth in this section shall be in addition to all other
remedies of injunction, abatement or costs whether existing under
this chapter or otherwise.
The fees for a short-term rental license application and for
the renewal of a short-term rental license shall be set by the Town
Board and shall be payable at the time of application for the permit.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, such a decision shall not affect
the validity of any other provisions of this chapter.
This chapter shall become effective upon adoption and publication.
