It is unlawful and a violation of this Chapter, and is hereby
declared a public nuisance, for any person or entity owning, renting,
leasing, occupying, or having charge, control or possession of any
real or improved property within the City of Indian Wells to cause,
permit, maintain or allow any violation of this Chapter to exist thereon.
Any violation of this Chapter is punishable as a misdemeanor and as
otherwise permitted by this Code. Each and every violation of this
Chapter that exists constitutes a separate and distinct violation
as does each and every day, or portion thereof that any violation
exists.
Notwithstanding any provision of this Chapter to the contrary, this Chapter shall not be applicable to any time share, as defined in Section 21.08.462 of this Code, that exists as of July 4, 2015.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 2, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
The following words and phrases, whenever used in this Chapter,
shall have the meaning defined in this Section unless the context
clearly requires otherwise:
means the City of Indian Wells.
means the Indian Wells Municipal Code and any other codes
incorporated or adopted therein.
means a residential development that is subject to the Davis-Stirling
Act of the State of California, and where there exists a common area
owned by an association of owners of separate interests, there has
been recorded a declaration and final subdivision map, there has been
conveyed to each homeowner a separate interest coupled with an interest
in the common area or membership in the association, and there is
a board of directors elected by the association of homeowners.
means a document prepared by the City, as may be revised
from time to time, that summarizes the general rules of conduct, consideration
and respect pertaining to the use and occupancy of the short-term
residential rental units.
means a law enforcement officer employed or otherwise charged
by the City to enforce codes, ordinances, mandates, regulations, resolutions,
rules or other laws adopted by the City, including officers employed
by the City or providing services to the City under contract. This
includes, but is not limited to, City code enforcement officers and
building officials, and Riverside County Sheriff's Department
deputies.
means the person designated by the owner or managing agency or agent who shall be available 24 hours per day, seven days per week pursuant to Section 5.20.060 for the purpose of responding to public safety calls, nuisances, or other complaints regarding the use, condition, operation or conduct of transients and other persons at the premises.
means any person as it is defined in this Section who is
appointed by an owner to solicit applications, execute agreements,
or otherwise act on the owner's behalf in the operation of a
short-term residential rental.
means any entity which has written and valid contractual jurisdiction and authority to act on behalf of common interest developments within a country club and to exclusively manage all short-term residential rentals within that entire country club, as defined in this Section 5.20.020, and which retains and manages security officers or contractors/vendors who patrol the country club and promptly respond in the event of short-term residential rental violations or problems.
means the maintenance by a person of a financial interest
in more than one short-term residential rental within the City. For
this purpose, financial interest includes both legal and beneficial
ownership as well as any arrangement that provides for receipt of
any portion of the revenues generated by the short-term residential
rental.
means any person or entity having fee-title ownership or
appearing on the last equalized assessment roll of Riverside County
showing controlling interest of the premises.
means a parcel of land as that term is defined in Section 21.08.370 of this Code.
means any individual or entity, including, but not limited
to, all domestic and foreign corporations, associations, syndicates,
joint stock corporations, partnerships of every kind, clubs, business
or common law trusts, societies, or limited liability companies.
means the actual single-family house or other residential
dwelling unit, or any portion thereof, such as a room, including all
of its improved real property, which is used as a short-term residential
rental. For purposes of this definition, a residential dwelling unit
shall include a recreational vehicle or camper parked on public streets
or private property.
means any owner, managing agency or agent, transient, or
other person as they are defined in this Chapter who violates or causes,
authorizes, allows, participates, or enables the violation of any
provision of this Chapter or Code.
means the rental of a premises by the owner thereof, or any
managing agency or agent acting on the owner's behalf, to a
transient for a continuous period of less than 30 days in the aggregate,
in exchange for any form of monetary or non-monetary consideration
such as, but not limited to, trade, fee, swap or any other in lieu
of cash payment.
means a common interest development that is wholly or partially
located within one or more other common interest developments and
that is comprised of fewer parcels than the largest common interest
development within which it is located.
means any person who rents, stays, or otherwise occupies
a short-term residential rental for any period less than 30 consecutive
calendar days.
means the tax levied by the City in accordance with Chapter 3.12 of this Code. This tax is levied upon individuals or businesses engaged in the sale of sleeping accommodations to the public.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 2, 2015; Ord. 710 § 1, 2018; Ord. 721 § 3, 2019; Ord. 725 §
5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
(a)
Pursuant to this Chapter and any other applicable provisions of this Code, short-term residential rentals are permitted in the very low density, low density, medium density, and medium high density residential zones, and other General Plan designated zones of the City in which a new development described in subsection (e) of this Section is located only if the requirements of this Chapter are met.
(b)
The
requirements of this Chapter shall be met before a short-term residential
rental is permitted.
(c)
Pursuant
to this Chapter and any other applicable provisions of this Code,
multiple rentals are prohibited.
(d)
Pursuant
to this Chapter and any other applicable provisions of this Code,
a short-term rental business license and/or permit are void on sale
of registered property.
(e)
Notwithstanding
any provisions in this Chapter to the contrary, short-term residential
rentals shall be permitted pursuant to business licenses and short-term
residential rental permits issued by the City in any new development
containing at least 10 residential units, subject to the following:
(1)
The City has approved and issued to the developer/land owner of such new development a conditional use permit, pursuant to Chapter 21.06 of this Code, allowing short-term residential rentals in such new development and specifying the minimum required duration of rentals for short-term residential rentals within the new development;
(2)
The developer/land owner of such new development has entered into
a development agreement with the City pursuant to Government Code
Section 65864 et seq., or otherwise, that explicitly allows for short-term
residential rentals within the new development;
(3)
The City issues to an applicant for a short-term residential rental
within the new development a business license and short-term residential
rental permit; and
(4)
All of the provisions set forth in this Chapter shall be applicable to the conditional use permit, and the business license and short-term residential rental permit, except for the provisions set forth in Section 5.20.140 pertaining to minimum duration of short-term residential rentals.
Further, a development agreement between the City and developer/land owner of a new development may include an exception to Section 5.20.040(c)'s prohibition of multiple rentals by a person so long as it is explicitly stated within the development agreement.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 3, 2015; Ord. 710 § 1, 2018; Ord. 721 § 3, 2019; Ord. 725 §
5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
(a)
Business License and Short-Term Residential Rental Permit Required. The short-term residential rental of any premises in the City is deemed to be a "business" as defined in Chapter 5.01 of this Code. It is unlawful for any person to engage in the business of short-term residential rentals without first obtaining and maintaining both: (1) a valid business license pursuant to Chapter 5.01 of this Code; and (2) a short-term residential rental permit. The business license and short-term residential rental permit, or copies thereof, shall be prominently displayed in a visible location at the premises during any periods of occupancy thereof by any transients.
(b)
Classification of Short-Term Residential Rental Permits. Depending upon which enabling provision a person is operating a short-term residential rental pursuant to (either Section 5.20.190, 5.20.200, 5.20.210 or 5.20.220 of this Chapter), a person may either obtain an unrestricted or restricted short-term residential rental permit.
(1)
Unrestricted Short-Term Residential Rental Permit. An unrestricted short-term residential rental permit may be granted to a person operating pursuant to Section 5.20.190, 5.20.200 or 5.20.210 of this Chapter. Under those Sections, a premises may be used as a short-term residential rental year-round and is not subject to the 29 consecutive nights minimum stay requirement set forth in Section 5.20.140. However, it may be subject to the restrictions that may be set forth in any applicable development agreement, conditional use permit, covenants, conditions and restrictions (CC&Rs), or other restrictions governing use of the premises.
(2)
Restricted Short-Term Residential Rental Permit. A restricted short-term residential rental permit may be granted to a person not operating pursuant to Section 5.20.190, 5.20.200 or 5.20.210 of this Chapter. Such a person may only operate a short-term residential rental during the annual tennis tournament held each year pursuant to Section 5.20.220 of this Chapter, and is subject to the seven night minimum stay requirement set forth in that Section.
(c)
Prohibition
of Multiple Rentals. It is unlawful for a person to operate multiple
rentals within the City. Only one short-term residential rental permit
shall be issued to any person.
(d)
At no time shall the short-term residential rental be used for activities such as weddings, receptions, and large parties attended by more than the occupants of the short-term residential rental without first obtaining a temporary use permit pursuant to Section 21.06.060 (Temporary Use Permit) of this Code.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 721 § 1, 2019; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
On a written form prepared by the City Manager or designee,
the owner shall register with the City as the point of contact for
the short-term residential rental and shall be responsible for all
requirements of this Chapter. However, such registration is deemed
satisfied if accomplished by a managing agency or agent on behalf
of the owner. The owner of the premises shall retain primary responsibility
for all requirements of this Code related to short-term residential
rentals, notwithstanding registration by a managing agency or agent.
There shall be no subleasing of any premises for short-term residential
rental purposes; instead, only a rental agreement executed by the
owner shall be permitted for any premises when used for short-term
residential rentals. A fee may be established by resolution of the
City Council to cover costs of processing the registration.
Either the owner of the premises or a managing agency or agent
shall provide all of the following information to the City at the
time of registration, and shall promptly upon change of any such information
update such information to maintain accuracy:
(a)
Full
legal name of the owner of the premises and if a business entity of
any nature, the individual who has responsibility to oversee its ownership
of the premises;
(b)
Street
and mailing addresses of the owner of the premises;
(c)
Telephone
number of the owner of the premises;
(d)
Email
address of the owner of the premises;
(e)
Full
legal name or business name of a managing agency or agent, if any;
(f)
Street
and mailing addresses of a managing agency or agent, if any;
(g)
Telephone
number of a managing agency or agent, if any;
(h)
Street
and mailing addresses of the premises;
(i)
Telephone
number of the premises;
(j)
The
name, address and telephone numbers of any other natural persons,
entities, limited liability companies, or personal or family trusts
that hold any financial interest in the premises as well as copies
of legal documents creating such financial interests;
(k)
List
of all online websites used to advertise premises for short-term residential
rental along with all listing numbers;
(l)
Full
name and telephone number of 24 hour emergency local contact person;
(m)
Submit
a transit occupancy tax (TOT) registration fee as set by resolution
of the Indian Wells City Council;
(n)
Submit
a short-term residential rental registration fee as set by resolution
of the Indian Wells City Council; and
(o)
Any
other contact information the City may reasonably require.
|
A current business license, short-term residential rental permit,
TOT registration, and Good Neighbor Brochure shall be hung and/or
placed in a conspicuous location within the premises at all times
of the short-term residential rental business operation. In addition,
each responsible person for the premises shall be provided with a
copy of the City's Good Neighbor Brochure by the owner or managing
agency or agent.
|
|
The owner or managing agency or agent shall provide language
in the rental agreement allowing for immediate termination of the
rental contract, and immediate eviction upon any violation of this
Code by any occupant. The responsible person shall acknowledge understanding
of all the City's short-term residential rental rules and the
responsible person's liability for any fines incurred by occupants.
|
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 4, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
(a)
For
each short-term residential rental, a local contact person shall be
available by telephone on a seven day per week, 24 hour per day basis
to respond to public safety calls, nuisances, or other complaints
regarding the use, condition, operation, or conduct of transients
and other persons on the premises.
(b)
The
local contact person shall be physically present within the geographical
limits of the City during the term of the short-term residential rental
or be otherwise physically available to respond by visiting the premises
in person, at the request of the City or its law enforcement officers,
concerning any alleged nuisance or violation of this Chapter.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 5, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
The owner or managing agency or agent shall provide transients
the following information prior to occupancy of the premises and shall
post such information in a conspicuous place within the dwelling on
the premises:
(a)
The
name of the owner or managing agency or agent and a telephone number
at which each may be reached on a seven day per week, 24 hour per
day basis;
(b)
Notification
of the maximum number of overnight and daytime occupants permitted
on the premises pursuant to this Chapter;
(c)
Notification of the City's noise standards, as provided in Chapter 9.06 of this Code, as may be amended from time to time;
(d)
Notification
of the parking standards of this Chapter;
(e)
A
copy of this Chapter of the Code, as may be amended from time to time;
(f)
Notification
that an occupant may be cited or fined by the City, in addition to
any other remedies available at law, for violating any provisions
of this Chapter;
(g)
A
copy of the Good Neighbor Brochure; and
(h)
The
owner or managing agency or agent shall keep on file a signed agreement
acknowledging that the transient(s) agree to the general rules summarized
in the Good Neighbor Brochure and rental contract, including, without
limitation, the immediate termination provision in the rental contract
for any violation of the Code by any transient.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
All short-term residential rentals shall be subject to the City's transient occupancy tax (TOT) as required by law and in accordance with the provisions of Chapter 3.12 of this Code. The provisions of Chapter 3.12 shall apply except as otherwise provided in this Chapter.
(a)
Unrestricted
Short-Term Residential Rental Permit Holders. An owner operating under
an unrestricted short-term residential rental permit, or a managing
agent acting on the owner's behalf, shall report and remit TOT
to the City even if a zero balance exists for the reporting period,
once per quarter, on or before the 30th day following the dates of
March 31, June 30, September 30, and December 31 of each year, on
a form prepared by the City or in a manner otherwise acceptable to
the City.
(b)
Restricted
Short-Term Residential Rental Permit Holders. The owner operating
under a restricted short-term residential rental permit, or a managing
agent acting on the owner's behalf, shall report and remit TOT
to the City even if a zero balance exists for the reporting period,
on or before the 30th day following the end of the month in which
the annual, professional tennis tournament is held on a form prepared
by the City or in a manner otherwise acceptable to the City.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 6, 2015; Ord. 710 § 1, 2018; Ord. 721 § 3, 2019; Ord. 725 §
5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
Each owner, or managing agent acting on the owner's behalf,
shall keep the following records for a period of four years:
(a)
The
names of transients who have booked a short-term residential rental
at the premises along with the names of their guests;
(b)
The
mailing address for transients who have booked a short-term residential
rental along with their email address and telephone number;
(c)
The
dates of each short-term residential rental along with booking confirmation
numbers and receipts;
(d)
The
make, model, and license plate number of any transient vehicles to
be parked at the premises during a rental;
(e)
The
amount of monetary or non-monetary consideration collected for each
short-term residential rental along with receipts;
(f)
Advertisements
for short-term residential rentals at the premises; and
(Ord. 732 § 3, 2022)
(a)
No sign, as that term is defined in Section 17.04.030 of this Code, shall be posted on the premises to advertise the availability of the short-term residential rental to the public.
(b)
All
advertisements for short-term residential rentals, including online
advertisements, must include the following information:
(c)
No
owner or managing agency or agent shall advertise, including by online
advertisement, that a transient may use the owner's Resident
Benefit Card while renting, staying or otherwise occupying a short-term
residential rental.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, or that violates any provision of Chapter 9.06 (Noise) of this Code. For the purposes of determining whether a violation of this Section has occurred, the standards set forth in Chapter 9.06 of this Code shall apply. Fines for violation of the noise provisions in the Code, as applicable to short-term residential rentals shall be those established pursuant to Section 5.20.170 of this Chapter.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
The maximum overnight occupancy on the premises of the short-term
residential rental, from the hours of 11:00 p.m. through 6:00 a.m.
on the following morning, shall not exceed two persons per bedroom
with an exception for children under the age of six who may additionally
occupy the premises, and no additional occupants shall be permitted
on the premises during such hours. In any advertising concerning the
premises for short-term residential rental, the owner or managing
agency or agent shall advertise the maximum number of overnight occupants
allowed as set forth above.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 7, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
The appearance of the premises shall not conflict with the residential
character of the neighborhood, either by the use of colors, materials,
lighting, landscaping, window coverings or otherwise. All applicable
development, design, and landscaping standards, including, but not
limited to, Title 21 of this Code, are expressly made applicable to
a premises used for short-term residential rentals.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
Except as otherwise allowed under this Chapter, the duration of any lease or rental of a premises as a short-term residential rental registered pursuant to Section 5.20.050 of this Code shall be for a minimum of 29 consecutive nights (28 consecutive nights if the rental covers the month of February during a non-leap year) during which time there shall be no overlapping leases or rental of the premises.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 8, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 §
7, 2020; Ord. 732 § 3, 2022)
During the term of any short-term residential rental, a maximum
of one vehicle per bedroom shall be permitted for the premises, and
no additional vehicles shall be permitted. All vehicles of occupants
of the short-term residential rental shall be parked only in an approved
driveway or garage on the premises.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
(a)
Suspension.
The City Manager or the City's Manager's designee shall
suspend the business license and short-term residential rental permit
of an owner for a period of one year upon finding an owner or managing
agency or agent has committed three violations of the following:
(1)
Violated any provision of this Chapter or Code, or is not in compliance
with the requirements thereof; or
(2)
Gave false or misleading information in the material submitted to
the City during the application process, in any transient occupancy
tax reporting and remittance forms, during an administrative hearing
concerning a violation of this Chapter or Code, or during investigation
of a violation of this Chapter or Code by the City and its law enforcement
officers.
|
It is unlawful for any person to operate a short-term residential
rental during a period of suspension under this Section, and doing
so shall result in permanent revocation of an owner's business
license and short-term residential rental permit.
|
(b)
Permanent Revocation. The City Manager or the City's Manager's designee shall permanently revoke the business license and short-term residential rental permit of an owner upon finding an owner or managing agency or agent has committed one violation of the following any time after having the business license and short-term residential permit reinstated following suspension under subsection (a) of this Section:
(1)
Violated any provision of this Chapter or Code, or is not in compliance
with the requirements thereof; or
(2)
Gave false or misleading information in the material submitted to
the City during the application process, in any transient occupancy
tax reporting and remittance forms, during an administrative hearing
concerning a violation of this Chapter or Code, or during investigation
of a violation of this Chapter or Code by the City and its law enforcement
officers.
(c)
Appeal
from Denial, Suspension or Revocation. Any applicant for a business
license or short-term residential rental permit whose application
was denied by the City, and any licensee whose business license and
short-term residential rental permit is suspended or revoked by the
City Manager or the City's Manager's designee, may, within
10 days following service of such decision, appeal the decision to
the City Council by filing a notice of appeal with the City Clerk.
The notice shall state the reasons for the appeal with specificity.
Appeals by the City Council shall be heard within 60 days of filing
the notice of appeal, except that the 60 day period shall automatically
be extended if no meeting is held due to the normal cancellation of
meetings during July and August or due to any other cancellation.
The City Council shall not be required to hold a public hearing on
any appeal that it receives, but shall permit the appellant to address
the body. The standard of review by the City Council shall be to review
the decision for error; it is not a de novo review. The decision of
the City Manager or the City Manager's designee shall not be
vacated during the pendency of any appeal to the City Council. A decision
of the City Council shall be final. Decisions by the City Council
to affirm or reverse a previous decision shall require a majority
vote of members present at the hearing.
(d)
Notice and Opportunity to be Heard Required; Agency Case File; Service Procedures. No decision as contemplated within this Section may be made without notice to the applicant or licensee and an opportunity to be heard. Service of the Notice of Hearing shall be made at least 15 days prior to the hearing by certified and U.S. mail to the address on record for the owner or managing agency or agent pursuant to Section 5.20.050. At least 10 days prior to the hearing, the person whose business license and short-term residential rental permit is being suspended or revoked shall be provided with a copy of any documentary evidence relied upon by the City. Decisions shall be rendered under a preponderance of evidence standard. Formal rules of evidence do not apply. Within 30 days of a hearing by the City Manager or the City Manager's designee under this Section, the City shall issue a written decision containing its findings; service to be made upon the applicant or licensee or permit holder by certified and U.S. mail. The written decision shall specify the time for appeal to the City Council. Upon a final decision by the City Council, the City shall notify the applicant or licensee that the time to seek judicial review of the decision is governed by Code of Civil Procedure Section 1094.6. Failure to issue the written decision in accordance with the provisions of this subsection shall not affect the validity of the decision.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 §
3, 2022)
(a)
The
City seeks to achieve voluntary compliance with the provisions of
this Chapter but reserves the right to use any and all available administrative
and judicial remedies provided by law and this Chapter in its enforcement.
The City and its law enforcement officers shall have authority to
use any and all of the following methods of enforcement in addition
to any other remedies provided in this Code or other law:
(1)
Warning. The City may issue an informal warning notifying a person
they are not in compliance with this Chapter.
(2)
Notice of Violation. The City may issue a formal notice of violation
mandating that certain corrective actions be completed within a set
time frame. A notice of violation may be issued in conjunction with
an administrative citation imposing a monetary fine.
(3)
Administrative Citation. The City may issue an administrative citation
imposing a monetary fine to any responsible person for a violation
of this Chapter or any other provision of this Code which is violated
during a short-term residential rental, including, without limitation,
the City's noise ordinance, as follows:
(iii)
The provisions of Chapter 1.20 of this Code shall govern the issuance of administrative citations under this Chapter. All complaints against a short-term residential rental for any violation of this Code may be handled by the City's law enforcement officers on a 24 hour basis. A law enforcement officer may submit a written report concerning the officer's response or investigation to the City's Code Enforcement Department for review, processing, and issuance of an administrative citation. Each and every day, or portion thereof, that a violation of this Chapter exists constitutes a separate and distinct violation for which an administrative citation may be issued.
(4)
Cease and Desist Order. The City may issue a cease and desist order
requiring immediate cessation of any activity prohibited by this Chapter.
(5)
Civil and Criminal Enforcement.
(i)
Through the City Attorney's Office, the City may initiate civil and criminal actions against any responsible person in the Superior Court according to Section 1.20.150 of this Code.
(ii)
In addition to the remedies or forms of relief set forth in Section 1.20.150, any person found to have violated any provision of this Chapter shall be ordered to pay all unpaid transient occupancy tax amounts owed, if applicable — including for those periods where a person was operating a short-term residential rental without a business license or short-term residential rental permit, or in violation of minimum duration requirements. Any and all responsible persons so ordered shall be jointly and severally liable.
(iii)
The City may specifically seek to abate any violation of this
Chapter through a civil injunction.
(6)
Administrative Subpoenas.
(i)
In investigating potential violations of the provisions of this Chapter,
the City Manager, the City's Manager's designee or the
City Attorney's Office shall have the power to issue administrative
subpoenas upon a witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence, and require the
production of any books, papers, records or other items relevant to
the investigation. The City Manager, the City's Manager's
designee or the City Attorney's Office may exercise this power
prior to the filing of any civil or administrative action by the City.
(ii)
A subpoena issued pursuant to this Chapter shall not compel the attendance of a witness or the production of any books, papers, records or other items sooner than 30 calendar days from the date of service of the subpoena during which time the witness may seek judicial review of the subpoena. Failure to comply with a subpoena issued pursuant to this Chapter is punishable as a criminal misdemeanor pursuant to Section 1.16.010 of this Code.
(Ord. 653 § 7, 2011; Ord. 685 § 1, 2015; Ord. 689 § 9, 2015; Ord. 710 § 1, 2018; Ord. 721 § 3, 2019; Ord. 725 §
5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
(a)
Violation of any section of this Chapter may result in a two year suspension of an owner's Resident Benefit Card. Upon issuance of an administrative citation or a final determination in favor of the City in any judicial action to enforce the provisions of this Chapter, the City may suspend a violator's Resident Benefit Card following a noticed hearing before the City Manager or the City's Manager's designee. Service of the notice shall be made in accordance with Section 1.20.040 of this Code.
In making a determination to suspend a violator's Resident
Benefit Card, the City Manager or the City's Manager's
designee shall take into consideration the following nonexclusive
list of factors:
(1)
The nature of the violation;
(2)
Whether it is a first violation or if there is a history of violations;
(3)
The violator's willingness to take corrective actions to address
the violation prior to issuance of the administrative citation or
filing of the judicial action, if applicable; and
(4)
The violator's willingness to accept responsibility for the
violation and sincerity in committing to compliance with the provisions
of this Chapter in the future.
(Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
All owners, managing agencies, agents, transients, and other
persons staying, occupying, or visiting a short-term residential rental
shall comply with all laws, rules, regulations, and orders enacted
or issued by the State of California, County of Riverside or the City
not included in this Chapter. This includes, but is not limited to,
emergency health orders.
(Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
A master association may allow short-term residential rentals for a minimum number of consecutive nights and days as determined by its governing board and owners of premises therein (including a number of nights and days that is fewer than that set forth in Section 5.20.140) in accordance with the provisions set forth in Section 5.20.210 of this Chapter.
(Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
Any new development approved by the City Council pursuant to Section 5.20.030(e) may allow short-term residential rentals, subject to those terms and conditions prescribed by the City Council, and if so the owner desiring to do so therein shall register premises for operation as a short-term residential rental pursuant to the requirements of Section 5.20.050. In such event, short-term residential rentals registered in the new development shall not be restricted by any minimum duration of rental as otherwise set forth in Section 5.20.140, but shall be subject to any minimum duration of rental or other requirements specified in the conditional use permit or development agreement applicable to that development.
(Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
(a)
A common interest development, separate and apart from a master association, may allow short-term residential rentals for a minimum number of consecutive nights and days as determined by its governing board and owners of premises therein (including a number of nights and days that is fewer than that set forth in Section 5.20.140), provided it satisfies all of the following:
(1)
The governing board of the common interest development shall propose
the issue of allowing the proposed specific minimum consecutive night
and day short-term residential rentals by a formal election/vote of
all owners of parcels within the common interest development.
(2)
At least a majority of those members voting from within the common
interest development shall have, by recorded vote, approved the proposal.
(3)
The governing board of the common interest development shall file
with the City's Community Development Director written certification
of the results of such election/vote, signed by the president or chair
of the governing board and in a form and substance approved by the
Community Development Director in his or her discretion.
(4)
Upon filing a certification with the City that the proposal was approved, short-term residential rentals within the common interest development shall not be restricted by the minimum duration of rental as set forth in Section 5.20.140, but may be operated for any minimum duration established by the above described vote.
(5)
A common interest development may repeal this authority by following the election/voting procedures set forth in subsections (a)(1)-(4) of this Section. If this authority is repealed, all short-term residential rental permits and business licenses issued to owners in the common interest development shall remain valid and in effect, but shall automatically be deemed to be amended to allow a minimum duration of 29 nights (28 nights in February of non-leap years), as set forth in Section 5.20.140.
(6)
The common interest development must contain four or more separate legal parcels, exclusive of the common area, in order to allow for short-term residential rentals of fewer nights and days than set forth in Section 5.20.140 pursuant to this Section. Each of the parcels must share a boundary with at least one other parcel in the common interest development.
(b)
If a common interest development has not chosen to allow short-term residential rentals for a minimum duration of less than that set forth in Section 5.20.140, in accordance with the procedures set forth in this Section, then individual owners within the common interest development may still apply for a restricted short-term residential rental permit for their own premises in accordance with Section 5.20.050 and if granted, the individual owner's short-term residential permit shall be subject to the minimum duration period set forth in Section 5.20.220.
(Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
An owner who registers a property for operation as a short-term residential rental pursuant to Section 5.20.050 may rent the property for a period of no less than seven consecutive nights during the period commencing one week preceding and ending three days after conclusion of the annual professional tennis tournament held each year at the Indian Wells Tennis Garden.
(Ord. 689 § 11, 2015; Ord. 710 § 1, 2018; Ord. 725 § 5, 2020; Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
Any agreement for the sale of real property located within the
City shall include the following disclosure:
"Buyer is aware that the City of Indian Wells has adopted an ordinance regulating the use of this property as a short-term rental, defined as the renting of a residential dwelling unit to another party for a continuous period of less than 30 days. The ordinance can be found within Chapter 5.20 of the Indian Wells Municipal Code. By signing this agreement, buyer acknowledges they have read the short-term rental ordinance and understand its provisions. Violation of any provision of the ordinance is punishable as a misdemeanor as well as subject to administrative fines and civil suits. Upon violation, the City may pursue any of these remedies without future warning."
For purposes of this Section, agreement of sale shall mean any
agreement or written instrument which provides that title to the real
property in question shall thereafter be transferred from the current
owner to another.
(Ord. 731 § 7, 2020; Ord. 732 § 3, 2022)
