(a) 
The purpose of this article is to establish regulations for the use of residential single-family dwelling units as short-term rentals and to ensure the collection and payment of hotel occupancy taxes.
(b) 
For purposes of this article, a short-term rental (STR), is defined as the use of a residential dwelling unit or accessory building on a temporary or transient basis. An STR shall include a residential dwelling unit or accessory building used as a short-term vacation rental for any period less than 30 consecutive days. STR does not include structures that are not owner-occupied and not associated with an owner-occupied principal residential unit that seek to offer multiple rooms or units for lease.
(c) 
For purposes of this article, an owner shall designate the owner, or an agent or a representative to comply with the requirements of this section on behalf of the owner. The owner or designated agent or representative is referred to as "operator" herein.
(d) 
The owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the residential dwelling unit as a short-term rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term rental unit or their guests.
(e) 
This article is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term rental purposes as defined in this section.
(Ordinance 2017-55, § I, adopted 9/25/2017; Ordinance 2019-48, § I, adopted 8/26/2019; Ordinance 2023-80 adopted 6/12/2023)
(a) 
The environmental health and code compliance department of the city is the administrative agency for the registration of STRs and collection of rental registration fees.
(b) 
The owner/operator shall on an annual basis obtain an STR registration and any other required documents from the environmental health and code compliance department of the city located at the McAllen Development Center, 311 N. 15th Street, McAllen, Texas, 78501.
(c) 
The owner/operator must submit the following information on an STR registration form:
(1) 
The name, address, email and telephone number of the owner/operator of the subject short-term rental unit;
(2) 
The name, address, email and 24-hour telephone number of the local contact person;
a. 
The local contact person is the person designated by the owner or the operator who shall be available 24 hours per day, seven days per week for the purpose of:
1. 
Responding in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and
2. 
Taking remedial action to resolve any such complaints.
(3) 
The name and address of the proposed short-term rental unit;
(4) 
The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit;
(5) 
Such other information as the city manager, or designee, deems reasonably necessary to administer this section.
(d) 
Registration fee:
(1) 
Except as provided by subsection (b)(2), short-term rentals are subject to an annual registration fee as established by the city commission.
a. 
The annual STR registration fee shall be $100.00 (per rental unit).
(2) 
Exceptions:
a. 
Properties in compliance with chapter 98, article III "Hotel Occupancy Tax" and article IV "Two Percent Hotel Occupancy Tax") as of September 30, 2017 (09/30/2017) are exempt from paying a registration fee.
b. 
All entities must register each individual property, even if the tax payments are made under one tax payer identification number.
(3) 
A registration is valid for one year from the date the completed registration is filed with the city and applicable payment of the registration fee has been made, unless the ownership of the short-term rental changes.
(4) 
Each property shall be issued a registration number.
(Ordinance 2017-55, § I, adopted 9/25/2017; Ordinance 2023-80 adopted 6/12/2023)
(a) 
The owner, agent or representative shall provide a brochure or other alternative publication to renters, of short-term vacation rentals, with information which shall provide basic, minimum, standards of conduct during their visit to the city.
(b) 
Additionally, renters can be directed to the city's website, www.mcallen.net, and access the city's code for additional resources and/or list of rules and regulations pertaining to the city.
(c) 
Each property shall have a functioning smoke detector in each room or space advertised as a place occupants may use for sleeping.
(d) 
Each property shall prominently display a map indicating points of egress from the dwelling in case of emergency.
(e) 
Short-term rental operators shall be responsible for informing their occupants of all relevant city codes and occupants' liability for violations of same.
(f) 
Excessive noise or other disturbance outside the short-term rental is prohibited per chapter 46, article II "Nuisances", chapter 46, article V "Noise" of this code. This includes, but is not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas.
(g) 
No overnight sleeping outdoors or outdoor sleeping spaces for rent.
(h) 
Advertising of a short-term rental for a use or purpose not authorized by this code is prohibited.
(Ordinance 2017-55, § I, adopted 9/25/2017; Ordinance 2023-80 adopted 6/12/2023)
The director of the environmental health and code compliance department of the city is authorized to suspend or revoke a short-term rental permit issued under the provisions of this article wherever the permit is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building, structure, unit, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this article. In addition, if any violations have been committed and not corrected within the time specified, the director shall begin the procedures to revoke the short-term rental permit in accordance with the following:
(1) 
The director shall give written notice to the owner/operator regarding the revocation.
(2) 
If a short-term rental permit is revoked, the owner/operator may not reapply for the same property for a period of twelve (12) months.
(Ordinance 2023-80 adopted 6/12/2023Ordinance 2023-80 adopted 6/12/2023)
(a) 
Compliance.
The owner or operator shall comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including, but not limited to, chapter 46, article II "Nuisances," chapter 46, article V "Noise" and chapter 98, article III "Hotel Occupancy Tax" and article IV "Two Percent Hotel Occupancy Tax." Pursuant to section 98-89, the owner or operator shall, submit a monthly report to the city, on the appropriate "hotel occupancy tax collection report" form, even if the short-term rental unit was not rented during any such month.
(b) 
Failure to comply.
(1) 
Notice of violation.
The city may issue a notice of violation to any occupant, owner(s) or operator, if there is any violation of this article committed, caused or maintained by the owner, operator or occupant.
(2) 
Citation.
As allowed by law, the city may issue citations for violations of this article and any other applicable state or local law.
(3) 
Violation of any section of this article shall constitute an offense resulting in permit revocation in accordance with section 46-252, revocation procedures.
(c) 
Penalty.
(1) 
A violation under this section is a class C misdemeanor offense punishable upon conviction by a fine not to exceed $500.00 per offense. Each day shall constitute a separate offense.
(2) 
Pursuant to state law and this code, the maximum penalty for offenses arising under such code or ordinance of the city governing fire safety, zoning, public health, and sanitation, shall not exceed the sum $2,000.00.
(3) 
If such maximum penalty provided for by this code or any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this code.
(4) 
Penalties provided for are in addition to any other enforcement remedies that the city may have under city ordinances and state law.
(Ordinance 2017-55, § I, adopted 9/25/2017; Ordinance 2023-80 adopted 6/12/2023)