The purpose of this chapter is to proactively identify residential rental units to provide additional resources to more effectively enforce the Town's ordinances. The Town of Yountville has structured the Rental Property Registration Program to be as least intrusive as possible.
(Ord. 17-460; Ord. 18-470 § 2)
All terminology used in this chapter shall be defined as follows, unless the context clearly indicates a contrary intent:
"Advertise(d)"
means to publicize, describe, and/or draw attention to a residential rental unit in writing, including digital writing, for occupancy by a person in exchange for rent or consideration.
"Booking transaction"
means any reservation or payment service provided by a person who facilitates a residential rental unit transaction between a prospective tenant and a landlord.
"Director"
means the Planning and Building Director or her or his designee.
"Hosting platform"
means a person who participates in the residential rental unit or short-term rental unit business by collecting and receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
"Landlord"
means a person who receives, is entitled to receive, or plans to receive rent or consideration in exchange for allowing a tenant to occupy any residential rental unit, or the agent, representative or successor of any of the foregoing.
"Person"
means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, other business organization or business association of any kind or nature, or any combination of these.
"Rent or consideration"
means any form of compensation, monetary exchange, or trade of good or services, under any form of agreement, contract, or commercial transaction, whether oral or written, and including digital form.
"Rental unit permit number"
means the rental unit permit number issued pursuant to Section 8.08.030(A)(4) of this code.
"Residential rental unit"
means a residential dwelling unit, in whole or in part, including:
1. 
A single-family dwelling, whether detached or attached;
2. 
A unit within a multifamily or multipurpose dwelling;
3. 
An apartment, condominium, cooperative housing project, or boarding home;
4. 
A second residential unit under Chapter 17.116 of this code; and
5. 
Any room or group of rooms within a residential dwelling unit.
"Short-term rental unit"
means a short-term rental unit as defined pursuant to Section 17.18.010 of this code.
"Tenant"
means any renter, tenant, subtenant, lessee, or sublessee of a residential rental unit, or successor to a renter's interest, or any group of tenants, subtenants, lessees, or sublessees of any residential rental unit.
(Ord. 17-460; Ord. 19-482)
A. 
Registration Required. The landlord shall obtain a rental unit permit in compliance with this chapter on or before January 1, 2018 and on or before January 1 of each year thereafter. A rental unit permit shall be valid for one calendar year. The landlord may apply for a new rental unit permit during the three months preceding its expiration. Commencing January 1, 2018, no landlord shall demand or accept rent or consideration for a residential rental unit without a valid rental unit permit as provided herein.
1. 
Rental Registration Form. The landlord shall complete and submit to the Director a separate rental registration form for each separate street address with a residential rental unit, containing the information reasonably required by the Director. Residential rental units sharing the same street address and/or assessor's parcel number, but which have an individual unit designation (e.g., Unit A, or Unit 1), may be combined on one single rental registration form.
2. 
Rental Certification Statement. The rental registration form shall contain a certification statement certifying that the landlord will comply with the provisions of this chapter. The landlord shall sign the rental registration form and the rental certification statement under penalty of perjury.
3. 
Rental Registration Fees. The landlord shall pay a rental registration fee at the time of submitting a rental registration form, which shall be established by resolution of the Town Council. The rental registration fee shall be due for each rental registration form submitted. The Director shall not accept a rental registration form without full payment of the rental registration fee(s).
4. 
Rental Unit Permit. A residential rental unit shall be deemed registered upon the Director's acceptance of the rental registration form. The Director shall issue a rental unit permit and a rental unit permit number for each residential rental unit deemed registered.
B. 
Rental Unit Permit Non-Transferrable. A rental unit permit issued pursuant to this section shall not be transferrable to a different landlord.
(Ord. 17-460)
A rental unit permit for a residential rental unit may be revoked if the Director determines that the landlord has violated any of the provisions of this chapter. Before revoking a rental unit permit pursuant to this subsection, the Director shall send written notice to the landlord providing the reasons therefor. Within 30 days of sending such notice, the landlord shall have the opportunity in person or in writing to present evidence that the rental unit permit should not be so revoked. The Director shall consider the evidence if any is presented and shall issue a written decision to the landlord within 30 days thereafter. The landlord may thereafter seek a new rental unit permit pursuant to Section 8.08.030.
(Ord. 17-460)
Any notice or decision authorized or required pursuant to this chapter shall be deemed served on the landlord if delivered personally or deposited in the United States mail, postage prepaid, addressed to the landlord at his or her address provided on the rental registration form.
(Ord. 17-460)
It is unlawful for a landlord or hosting platform to:
A. 
Advertise or cause to be advertised a residential rental unit without including in the advertisement the rental unit permit number.
B. 
Advertise or cause to be advertised a short-term rental unit.
(Ord. 17-460; Ord. 18-470; Ord. 19-482)
A. 
Subject to applicable laws, hosting platforms shall disclose to the Town on a regular basis and at least once quarterly each residential rental unit listing located in the Town, the names of the persons responsible for each such listing, the address of each such listing, the offered length of stay for each such listing and the per-night price offered for each stay.
B. 
Hosting platforms shall not complete any booking transaction for any residential rental unit unless, at the time the hosting platform receives a fee for the booking transaction, the unit is listed on the Town's registry of residential rental units created pursuant to this chapter.
C. 
Notwithstanding any other provision of this chapter, a hosting platform operating exclusively on the internet shall only be required to comply with subsections A and B above, except that the hosting platform remains responsible for complying with the subpoena provisions of this chapter and this code.
D. 
The provisions of this section shall be interpreted in accordance with otherwise applicable State and Federal laws and will not apply if determined by the Town to be in violation of, or preempted by, any such law(s).
(Ord. 19-482)
A. 
A violation of this chapter shall be subject to administrative enforcement under Chapter 8.05 of this code and any other enforcement remedies available under law and this code. Notwithstanding the foregoing, a violation of Section 8.08.060 of this code shall not be subject to criminal sanctions.
B. 
Each day a violation of this chapter continues to exist shall constitute a new, separate, and distinct violation.
C. 
Nothing in this chapter shall be construed to prohibit or limit the authority of the Town to enforce any other provision of this code or applicable law.
D. 
In accordance with Section 1.24.050 of this code, the Town may issue and serve subpoenas as necessary to obtain specific information regarding listing of residential rental units located in the Town, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the listings comply with this chapter.
(Ord. 17-460; Ord. 19-482)