The City Council of the City of Desert Hot Springs finds and
declares as follows:
A.
The
use of privately owned residential dwelling units for the purpose
of vacation rentals provides a community benefit by expanding the
number and type of lodging facilities available in the City, and assists
owners of dwelling units used as vacation rentals by providing revenue,
which may be used for maintenance upgrades and deferred costs.
B.
The
purpose of this chapter is to establish regulations for the use of
residential property as vacation rentals thereby enabling the City
to preserve and protect the public health, safety, and welfare, by
minimizing complaints involving excessive noise, disorderly conduct,
vandalism, overcrowding, traffic, congestion, illegal vehicle parking
and accumulation of refuse.
C.
The
transitory nature of occupants of vacation rental units makes continued
enforcement against the occupants difficult. The provisions of this
chapter are therefore necessary to prevent the continued burden on
city services and impacts on residential neighborhoods posed by vacation
home rentals.
D.
The
establishment of a regulatory program for vacation rentals will provide
an administrative procedure to preserve existing visitor-serving opportunities
and increase and enhance public access to areas of the City and other
visitor destinations.
E.
This
chapter is not intended to regulate hotels, motels, inns, time-share
units, or non-vacation type rental arrangements, including, but not
limited to, lodging houses, rooming houses, convalescent homes, rest
homes, halfway homes, or rehabilitative homes.
F.
This
chapter is intended to ensure all vacation rental units are safe for
occupancy and comply with applicable safety standards under Federal,
State and local law.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
For purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section,
unless the context clearly indicates or requires a different meaning:
means the owner of the vacation rental unit, or the agent
of the owner.
means the City Manager of the City of Desert Hot Springs
or designee.
means the person designated by the owner or agent or representative
of the owner, who is available 24 hours per day, seven days per week
for the purpose of responding to complaints regarding the condition,
repair, operation or conduct of occupants of the vacation rental unit,
and who has access and authority to assume management of the unit
and take remedial measures.
is a type of vacation rental permit that is neither a homeshare
vacation rental permit nor a primary residence vacation rental permit.
means a document prepared by the City that summarizes the
general rules of conduct, consideration, and respect, including without
limitation provisions of the Desert Hot Springs Municipal Code and
other applicable laws, rules or regulations pertaining to the use
and occupancy of vacation rental units.
is a type of vacation rental permit whereby the owner hosts
visitors in the owner’s vacation rental unit, for compensation,
for periods of 30 consecutive calendar days or less, while the owner
lives on site and in the unit, throughout the visiting occupant’s
stay.
means the owner of record as shown on the last equalized
assessment roll of the County of Riverside or as otherwise may be
known to the City. If there is more than one owner, the term includes
all of the owners. For purposes of providing notice to an owner as
required under this chapter, “owner” includes the actual
owner of record, or such owner’s agent, employee or other legal
representative if such agent, employee or representative is authorized
by the owner to receive such notice.
means a dwelling where an owner spends the majority of the
calendar year on the property used as a vacation rental unit, and
the property is identified in the Riverside County assessor's
record as the owner's primary residence.
is a type of vacation rental permit whereby the vacation
rental unit is the owner's primary residence, as defined herein
in this section.
means a parcel on which a vacation rental unit is located.
means an occupant of a vacation rental unit who is at least 18 years of age and who shall be legally responsible for the compliance by all occupants of the unit and their guests with all provisions of this chapter and this Code. The responsible person shall be the transient, for purposes of imposing and enforcing the provisions of the City’s transient occupancy tax under Chapter 3.20 of this Code.
shall have the same meaning as set forth in Chapter 3.20 of this Code.
means an annual permit, be it for a general vacation rental
permit, homeshare vacation rental permit, and/or primary residence
vacation rental permit, which is awarded by the City to the owner
or agent pursuant to this chapter.
means a privately owned residential dwelling, including either
a single-family detached or multiple-family attached unit, apartment
house, condominium, cooperative apartment, duplex, or any portion
of such dwellings, rented for occupancy for dwelling, lodging, or
sleeping purposes for a period of 30 consecutive days or less, other
than ongoing month-to-month tenancy granted to the same renter for
the same unit, or occupancy on a time-share basis. A vacation rental
unit does not include a unit that is rented only occasionally (infrequently)
and incidentally to the normal occupancy by the owner or the owner’s
family. The terms occasionally and infrequently shall mean 10 nights
or less (either cumulatively or for a continuous period) in a single
calendar year.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
A.
No owner or agent of a vacation rental unit shall rent, advertise, list for booking, book, or otherwise publish information for a vacation rental, any unit for a period of 30 consecutive days or less without a valid vacation rental permit for each vacation rental unit pursuant to this chapter. No owner or agent of a vacation rental unit shall be permitted to obtain a vacation rental permit without first obtaining a business license pursuant to Chapter 5.04.
B.
A vacation
rental permit shall contain the following information: (1) the address
of the vacation rental unit; (2) the name of the owner, agent, and
emergency contact person, and a telephone number at which the emergency
contact person may be reached on a 24-hour basis; (3) the expiration
date of the vacation rental permit; and (4) such other information
as may be necessary to carry out the provisions of this chapter.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
An owner shall retain an agent or a representative to comply
with the requirements of this chapter, including, without limitation,
the filing of a complete vacation rental registration application,
the management of the vacation rental unit or units, and compliance
with the requirements of this chapter if the owner resides or has
his/her principal place of business 35 driving miles or more distance
of the subject property. Notwithstanding any agency relationship between
an owner and an agent, the owner of the vacation rental unit shall
remain responsible for compliance with all provisions of this chapter
and the City’s Municipal Code. Failure of an agent to comply
with this chapter and/or the Municipal Code shall be deemed noncompliance
by the owner. Any agent of the owner shall be listed on the vacation
rental permit. The owner’s agent or representative also must
also have a separate business license.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
A.
All hosting platforms that display short-term rental listings for
properties in the City shall comply with the following:
1.
Hosting platforms shall remove any listings for vacation rentals
from the platform within 24 hours of City notification that the vacation
rental permit associated with a short-term rental listing is invalid,
expired, or has been revoked. The notification must identify the listing(s)
to be removed by the listing URL and permit number and state the reason
for removal.
2.
A hosting platform that facilitates booking transactions in the City
shall collect in lieu of vacation rental owners and remit to the City
the applicable transient occupancy tax and tourism business improvement
district (TBID), as calculated on the amount of consideration the
short-term rental guest pays to the short-term rental owner.
B.
Hosting platforms shall not complete any booking transaction for
any residential dwelling or other property purporting to be a vacation
rental unit in the City unless the dwelling or property has a current
and valid vacation rental permit issued pursuant to this chapter,
which is not under suspension, for the dates and times proposed as
part of the booking transaction.
1.
A hosting platform shall not accept or publish a listing that does
not include a valid current City-issued permit registration number
within the listing, show in a format designated by the City.
(Ord. 794, 11/7/2023)
A.
Prior
to use of a property as a vacation rental unit, the applicant shall
submit an application for a vacation rental permit to use the property
as a vacation rental unit. The application shall be available at the
City Clerk’s office and shall be renewed on an annual basis.
Each application shall contain the following information:
1.
The
name, address, email address and telephone number of the owner of
the vacation rental unit for which the vacation rental permit is to
be issued.
2.
The
name, address, email address and telephone number of the agent of
the owner of the unit.
3.
The
name, address, email address and 24-hour telephone number of the emergency
contact person.
4.
The
address of the residential property proposed to be used as a vacation
rental unit.
5.
The
number of bedrooms and the overnight and daytime occupancy limit of
the unit, as set forth in Table 5.44.081.
6.
The
proposed rental rates for the unit, and when applicable, the owner’s
prior year revenue for the unit.
7.
Evidence of a valid business license issued by the City for the separate business of operating a vacation rental unit, or submission of a certificate that owner is exempt or otherwise not covered by the provisions in Section 5.04.040 of the City’s Municipal Code.
8.
Evidence of a valid transient occupancy registration certificate issued by the City for the vacation rental unit, pursuant to the provisions of Chapter 3.20 of the City’s Municipal Code.
9.
Acknowledgement
of receipt and inspection of a copy of all regulations pertaining
to the operation of a vacation rental unit, including the Good Neighbor
Brochure.
10.
Acknowledgement/attestation that the unit meets all applicable building
and safety code requirements.
11.
Such other information as the City Manager or designee deems reasonably
necessary to administer this chapter.
B.
An application
for a vacation rental permit, annual renewal, and amendment shall
each be accompanied by a fee established by resolution of the City
Council, provided, however, that no fee shall be greater than necessary
to defer the cost incurred by the City in administering the provisions
of this chapter.
D.
Within
90 days of the effective date of the ordinance codified in this chapter,
an application for a vacation rental permit shall be filed with the
City’s Business License Clerk for property used as a vacation
rental unit at the time of the effective date of the ordinance codified
in this chapter or during the year immediately preceding the effective
date of the ordinance codified in this chapter.
E.
The
City’s Business License Clerk shall provide a copy of the vacation
rental permit to the City’s Police and Code Enforcement Departments
within seven days of issuance.
F.
The
application for a vacation rental permit shall be accompanied by proof
of general liability insurance in the amount of $1,000,000 combined
single limit and an executed agreement to indemnify, defend and hold
the City harmless from any and all claims and liability of any kind
whatsoever resulting from or arising from the operation of a City
permitted vacation rental.
G.
The
vacation rental permit shall be nontransferable.
H.
A vacation
rental permit and accompanying business license shall be valid for
one year and renewed on an annual basis in order to remain valid.
I.
A vacation
rental permit and accompanying business license renewal application
shall be submitted to the City no earlier than 60 calendar days but
no later than 30 calendar days prior to the permit's expiration
date. Failure to renew a vacation rental permit as prescribed in this
section may result in the vacation rental permit being terminated.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
A.
The number of vacation rentals shall not exceed four percent of the
total housing parcels containing completed developed housing units.
This number shall not include licensed, permitted and/or entitled
hotels and motels, in good standing with the City. This number shall
be calculated yearly. Such vacation rental permits exceeding this
number shall be rejected and not issued.
B.
Vacation rental parcels shall not be located within a 500-foot radius
from another vacation rental, measured from property line to property
line. Such vacation rental permits shall be rejected and not issued.
Notwithstanding, vacation rentals existing and in good standing with
the City as of the effective date of the ordinance codified in this
section shall not be denied a vacation rental permit renewal solely
on this factor.
C.
If the vacation rental exists within an homeowners association that
prohibits same, such vacation rental permit shall be rejected and
not issued.
(Ord. 794, 11/7/2023)
A.
An owner or agent shall be denied a vacation rental permit if:
1.
Certificate for any unit that was issued to the same owner or agent has been revoked pursuant to Section 5.44.050, within 12 months of submitting the new application.
2.
The vacation rental would cause the total housing parcels containing
completed developed housing units to exceed four percent.
3.
The vacation rental is within a 500-foot radius from another vacation
rental, measured from property line to property line. Notwithstanding,
vacation rentals existing and in good standing as of the effective
date of the ordinance codified in this section shall not be denied
a vacation rental permit renewal solely on this factor.
5.
The owner has failed to pay the appropriate amount of the transient
occupancy tax for any property at any time during its ownership.
6.
The owner has an active Code compliance matter.
7.
An applicant has had a prior vacation rental permit for the same
or any other unit revoked within the previous 12 calendar months.
8.
Non-payment of applicable vacation rental fees.
9.
The owner has not taken steps to activate or move forward with the
application for a period of 30 days.
10.
In addition to any other grounds provided in this chapter, an
application (including renewal application) for a vacation rental
permit may be denied if use of the vacation rental unit has been,
will be, or is apt to become any one or more of the following.
11.
An application (including renewal application) for a vacation
rental permit may also be denied on the grounds that the applicant
has knowingly made a false statement in a material matter either in
his/her/their application or in his/her/their testimony before the
City Manager or other body hearing such testimony.
12.
Failure of a City inspection.
B.
A filing fee as established by City Council resolution or any amendments thereto for an appeal of a denial of a vacation rental permit shall be paid to the City at or prior to the time of the filing of such appeal; provided, however, no fee shall be greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter. Any appeal of the denial of a vacation rental permit filed without payment of the filing fee shall be deemed incomplete. If the owner appeals the decision, the appeal must be filed within 15 calendar days the City's decision. The hearing procedures shall be in accordance with Chapter 4.36.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
A.
Within
14 days of a change in property ownership or agency, or other material
fact set forth in the annual registration, the owner or agent shall
submit to the City an application for a new vacation rental permit.
The owner or agent shall also submit the required registration fee
and comply with the City’s business license requirements.
B.
Any
change in the emergency contact person, or the individual’s
telephone number or address shall be furnished to the City within
seven days, and the vacation rental permit and all certificates and
permits required by this chapter shall be updated within 14 days.
(Ord. 533 5-1-12; Ord. 764 8-2-22)
A.
The
owner and agent shall ensure that the vacation rental unit complies
with all applicable Federal, State and local laws, rules and regulations
regarding fire, building and safety, health and safety, and all other
relevant laws.
B.
For
new vacation rental permits the owner and/or agent shall allow the
City to conduct an inspection of the entire structure and the exterior
premises prior to issuance of vacation rental permit of the property
to ensure compliance with this chapter.
C.
For
renewed permits, the owner and/or agent shall allow the City to conduct
an inspection of the entire structure and the exterior premises prior
to issuance of the renewal of a vacation rental permit of the property
to ensure compliance with this chapter, no earlier than 60 days prior
to the expiration of the vacation rental permit.
D.
For subsections B and C above, the inspection shall be conducted to ensure that the vacation rental will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: noise monitoring system, landscape, fire hazards, vehicle parking, maintenance of improved surfaces, visual blight, structural hazards, fire/smoke/carbon monoxide alarms, and occupancy. Specifically with respect to pools or spas, such pools and spas must comply with all regulations in the California Swimming Pool Safety Act and State and Federal applicable law. In addition, the pool or spa must comply with or be equipped with:
1.
Legible sign posted at least nine inches by six inches, "SWIM AT
YOUR OWN RISK" visible from all doors leading to the pool area. Sign
lettering size must be no less than one inch.
2.
Telescoping rescue pole (can be a skimmer pole).
3.
All doors leading to the pool areas must have an exit alarm with
audible sound whenever opened and heard throughout the home. An exit
alarm device may not be installed lower than 60 inches from the floor.
"Exit alarm" means devices that make audible, alarm sounds when any
door or window, that permits access from the residence to the pool
area that is without any intervening enclosure, is opened or is left
ajar. Exit alarms may be battery operated or may be connected to the
electrical wiring of the building. The exit alarm may cause either
an alarm noise or a verbal warning, such as a repeating notification
that "the door to the pool is open."
*Paragraph 3 not applicable if fencing between the pool/spa
and house that meets the provisions of an enclosure, or install a
removable mesh fence that complies with the American Society for Testing
and Materials ("ASTM") F2286.
4.
All side gates leading into the pool area must have a working, self-closing
spring and a latching device at the height of 54 inches or more.
5.
Two of the following seven drowning prevention safety features:
a.
An enclosure that meets the requirements of Government Code
Section 115923 and isolates the swimming pool or spa from the private
single-family home.
b.
Removable mesh pool fencing that meets (ASTM) Specifications
F2286 standards in conjunction with a gate that is self-closing and
self-latching and can accommodate a key lockable device.
c.
An approved safety pool cover that meets all requirements of
(ASTM) standard F134691.
d.
A self-closing, self-latching device with a release mechanism
placed no lower than 54 inches above the floor or each door providing
direct access to the swimming pool or spa.
e.
An alarm that, when placed in a swimming pool, will sound upon
detection of accidental or unauthorized entrance into the water. The
alarm shall meet and be independently certified to the ASTM Standard
F2208 "Standard Specification for Residential Pool Alarms" which includes
surface motion, pressure, sonar, laser, and infrared type alarms.
A swimming protection alarm feature designed for individual use, including
an alarm attached to a child that sounds when the child exceeds a
certain distance or becomes submerged in water, is not a qualifying
drowning prevention safety device.
f.
Other means of protection, if the degree of protection afforded
is equal to or greater than that afforded by of the devices set forth
above and has been independently verified by an approved testing laboratory
as meeting standards for those devices established by the ASTM or
the American Society of Mechanical Engineers (ASME).
E.
Vacation rentals must comply with the noise regulations as set forth in Chapter 8.12 of this Code.
F.
The owner and agent shall limit occupancy of the vacation rental unit to a specific number of occupants, as set forth in Table 5.44.081, unless a special event license has been issued by the City in accordance with the provisions of subsection M of this section.
|
Table 5.44.081
| |||
|---|---|---|---|
|
Number of Bedrooms
|
Total of Overnight Occupants
|
Additional Daytime Occupants
|
Total Daytime Occupants
|
|
0-Studio
|
2
|
2
|
4
|
|
1
|
4
|
2
|
6
|
|
2
|
6
|
3
|
9
|
|
3
|
8
|
4
|
12
|
|
4
|
10
|
5
|
15
|
|
5 or more
|
12
|
6
|
18
|
|
*
|
Overnight (10:01 p.m. – 6:59 a.m.)
|
|
**
|
Daytime (7:00 a.m. – 10:00 p.m.)
|
G.
The
owner and agent shall limit the number of vehicles of overnight occupants
at an amount not to exceed the number of designated on-site parking
spaces. All persons shall comply with all applicable City parking
regulations, including, but not limited to, Titles 4 and 10.
H.
The owner shall cause to be installed proper trash bins for the proper removal of trash. Owner shall comply with all applicable sections of Chapter 8.04 pertaining to trash removal.
I.
During
the term that each vacation rental unit is rented, the emergency contact
person and responsible person shall be available 24 hours per day,
seven days per week for the purpose of responding to complaints made
to the City regarding the condition, operation, or conduct of occupants
of the vacation rental unit.
J.
The
owner and agent shall ensure that the occupants and guests of the
vacation rental unit do not create unreasonable noise or disturbances,
engage in disorderly conduct, or violate provisions of the municipal
code, or State or Federal law, rule or regulation.
K.
Prior
to every use of the unit as a vacation rental unit, the owner or the
owner’s agent shall: (1) obtain from the responsible person,
the individual’s name, address, telephone number, and a copy
of a valid government identification of the responsible person, license
plate number, the state in which the vehicle is registered, and year,
make and model of all vehicles used by all occupants of the unit,
and any other information requested by the City Manager; (2) provide
a copy of the Good Neighbor Brochure to the responsible person; and
(3) require such responsible person to execute a formal acknowledgement
that he or she is legally responsible for compliance of all occupants
and guests with all provisions of this chapter and the City’s
Municipal Code. This signed acknowledgment shall be readily available
upon request of any officer of the City responsible for the enforcement
of this chapter.
L.
Noise Monitoring System. Notwithstanding the regulations in Chapter 8.12, owners must cause to be installed a noise monitoring system, which shall alert the owner/manager of any loud noises which are more than 70 decibels. Upon notification that any occupant or guest of the vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the municipal code or any State law, the owner, agent or emergency contact person shall contact the responsible person immediately and provide the individual with a warning, or take action to terminate the occupancy.
M.
Complaints. Notwithstanding the regulations in Chapter 8.12, in the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner, agent or emergency contact person shall contact the responsible person immediately and provide the individual with a warning, or take action to terminate the occupancy. In addition, the owner or agents must contact the occupant within 30 minutes of notice of the complaint. Failure of the owner, agent or responsible person to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the vacation rental unit in accordance with the provisions set forth in this chapter, shall be grounds for imposition of penalties as set forth in this chapter.
N.
Prior
to rental of a vacation rental unit, the owner of the vacation rental
unit, or agent, shall post a framed copy of the vacation rental permit
and the following, in a conspicuous place within the unit:
1.
The
maximum number of overnight occupants and the maximum number of daytime
occupants permitted to stay in the unit;
2.
The
trash pick-up day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
3.
Notification
that the amplification of music outside of the dwelling unit is a
violation of this chapter;
4.
Notification
that the occupant shall comply with the City’s parking, driveway
and loading standards, and the number of vehicles that are permitted
for the unit;
5.
Notification
that the occupant may be cited or fined by the City and that the owner,
or owner’s agent, may immediately terminate the occupancy for
creating a disturbance or for violating other provisions of the City’s
Municipal Code;
6.
Notification
that failure to conform to the occupancy requirements of the vacation
rental unit is a violation of this chapter.
O.
The
use of a vacation rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
Q.
A copy
of the vacation rental permit shall be mailed or delivered to all
property owners shown on the last equalized county assessment roll
and all occupants of each dwelling unit within 300 feet of the vacation
rental unit. Such information shall be provided at least annually
or within 14 days of any change of information as required pursuant
to this chapter.
R.
The
owner or agent shall comply with all of the following in any and all
advertisement in any and all advertising media of the vacation rental
unit:
1.
Maximum
occupancy.
2.
Requirements
for compliance with the City’s noise ordinance.
3.
Maximum
number of cars allowed.
4.
A
statement that the short-term vacation rental occupants shall respect
the neighbor’s privacy and peaceful enjoyment of their land.
5.
The
applicable rate of the City’s transient occupancy tax.
6.
A
photo of the front of the short-term vacation rental.
7.
The
business license number must be clearly and prominently displayed
in the first line of the property description and in the following
format: “City of Desert Hot Springs Vacation Rental Permit Number.”
S.
The
City Manager shall have the authority to impose additional standard
conditions, applicable to all vacation rental units, as necessary,
to achieve the objectives of this chapter. A list of all such additional
standard conditions shall be maintained and on file in the office
of the City Clerk.
(Ord. 533 5-1-12; Ord. 764 8-2-22; Ord. 774 2-21-23; Ord. 794, 11/7/2023)
Any person may report unreasonable noise, disturbances, disorderly
conduct or violations of the Municipal Code at a rental unit, to the
City’s Code Compliance Department or Police Department.
(Ord. 533 5-1-12; Ord. 764 8-2-22)
Each owner, agent and/or emergency contact person shall provide
access to each vacation rental unit and any records related to its
use and occupancy to the City Manager at any time during normal business
hours, for the purpose of inspection and/or audit to determine that
the objectives and conditions of this chapter are being fulfilled.
(Ord. 533 5-1-12; Ord. 764 8-2-22)
A.
Any person who uses, or allows the use of, residential property in violation of the provisions in this chapter may be issued an administrative citation pursuant to Chapter 4.24 of the Municipal Code.
B.
C.
Immediate
Summary Suspension of Vacation Rental Permit.
1.
Two
complaints resulting in an administrative citation for the same property
shall result in an immediate summary suspension of the vacation rental
permit for a period of six months, subject to any hearing requested
pursuant to this subsection.
2.
Immediate
hazardous conditions, including man-made and naturally causing hazardous
conditions.
3.
Any
criminal activity.
4.
For
summary suspension of vacation rental permit, the City shall:
a.
Prepare and serve the notice of suspension. The notice shall substantially
include all of the following information:
i.
The name of the vacation rental permit holder;
ii.
The street address or definite location where the violation(s) occurred;
iii.
The Code section(s) violated;
iv.
A description of the conditions or actions which warrant suspension,
modification or revocation of the vacation rental permit;
v.
The action proposed (i.e., summary suspension);
vi.
Instructions to request a hearing, which must be made within 10 days
of the date of issuance of the summary suspension.
5.
Notice
to Request a Hearing. Within 10 days of the date of issuance of the
summary suspension, the owner or agent may request a hearing before
the City Manager or designee as Hearing Officer on same. The request
must be in writing and must be addressed to:
|
City Manager
11999 Palm Drive
Desert Hot Springs, CA 92440
|
6.
If
the owner or agent does not request a hearing on the summary suspension,
the suspension shall be for a period of six months, and the owner
or agent shall be deemed to have waived his or her rights to a hearing.
D.
Revocation of Vacation Rental Permit.
1.
The City may revoke a vacation rental permit on any of the following
grounds:
a.
The vacation rental would cause the total housing parcels containing
completed developed housing units to exceed four percent.
b.
The vacation rental is within a 500-foot radius from another
vacation rental, measured from property line to property line.
c.
A property owner of a vacation rental unit has been found in
violation of any Federal, State or local law.
d.
The vacation rental unit has been found in violation of any
Federal, State or local law.
e.
The vacation rental owner has failed to pay the appropriate
amount of application taxes, including transient occupancy tax or
TBID for any property at any time during its ownership.
2.
The City shall use the following procedures to revoke a vacation
rental permit:
a.
Duty to Prepare and Serve Notice of Action Recommendation. Upon
reaching the determination that a specific violation of this chapter
warrants modification or revocation of the vacation rental permit,
the City shall prepare and serve a written notice of action recommendation
upon the subject permit or license holder.
b.
Contents of Notice of Action Recommendation. The notice of action
recommendation should substantially include all of the following information:
i.
The name of the vacation rental permit holder;
ii.
The street address or definite location where the violation(s)
occurred;
iii.
The Code section(s) violated;
iv.
A description of the conditions or actions which warrant modification
or revocation of the vacation rental permit;
v.
The action proposed (i.e., modification or revocation of the
vacation rental permit);
vi.
If applicable, a description of any prior action taken by the
City to gain compliance with the Code with regards to the subject
violation(s);
vii.
A description of the procedures involved in taking
the proposed action, including the license or permit holder's
right to attend the hearing on the proposed action; and
viii.
The name, title and telephone number of the official
making the recommendation.
c.
Service of notice of action recommendation.
d.
The Code Compliance Officer shall cause a copy of the notice
of action recommendation to be provided to the vacation rental permit
holder by causing a copy of the notice of action recommendation to
be delivered to the vacation rental permit holder personally or by
causing a copy to be delivered to the vacation rental permit holder
by certified mail, postage prepaid, return receipt requested, and
addressed to vacation rental permit holder at the address shown on
the permit or license.
e.
Proof of Service of Notice of Action Recommendation. Proof of
service of the notice of action recommendation shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration shall be affixed
to a copy of the notice.
f.
City Manager as Administrative Hearing Officer. The City Manager
or his/her designee shall act as the Hearing Officer and conduct all
hearings pursuant to the procedures set forth in this chapter, unless
otherwise provided under any other applicable provision of the municipal
code and/or any applicable statute, rule, code or regulation.
g.
Duties of the City Manager, or Designee, as Hearing Officer.
The City Manager, or his/her designee, as Hearing Officer shall review
all evidence, documents, and written testimony and hear all oral testimony
submitted by all interested parties at or before the scheduled administrative
hearing and render all decisions and findings in writing to the vacation
rental permit holder with a duplicate copy to the issuing official.
The City Manager, or his/her designee, as Hearing Officer may accept,
modify or reject the findings and determinations supporting the recommendation.
h.
Limitations on Authority of City Manager, or Designee, as Hearing
Officer. The City Manager, or his/her designee, as Hearing Officer's
authority to hear and consider the notice of action recommendation
shall be limited to only those matters within his or her subject matter
jurisdiction. The City Manager, or his/her designee, as Hearing Officer
shall consider at the administrative hearing only those issues which
are relevant to the issues of the hearing. The City Manager, or his/her
designee, as Hearing Officer shall not have the authority to waive
any requirements of the municipal code and/or any applicable statutes,
rules, codes or regulations.
i.
Scheduling of Administrative Hearing—Notice of Administrative
Hearing. As soon as practicable, but allowing sufficient time for
providing notice of the hearing, the City Manager, or his/her designee,
as Hearing Officer shall fix a date, time and place for the hearing
of the appeal and shall instruct the issuing official of the same.
The Code Compliance Officer shall prepare a notice of administrative
hearing (hearing notice), which shall be in substantially the same
form as follows:
You are hereby notified that a hearing will be held before the
City Manager, or his/her designee, as Hearing Officer at __________
on the _____ day of _____, _____ at the hour of _____ upon the Notice
of Action Recommendation served upon you. You may be present at the
hearing. You may be, but need not be, represented by an attorney.
You may present any relevant evidence at the hearing and you will
be given a full opportunity to cross-examine all witnesses testifying
against you.
j.
Service of Hearing Notice. The Code Compliance Officer shall
cause a copy of the hearing notice to be provided to the vacation
rental permit holder either by causing a copy of the notice to be
delivered to such person(s) personally or by causing a copy of the
notice to be delivered by certified mail, postage prepaid, return
receipt requested, and addressed to the Vacation Rental Permit holder
at the address shown on the vacation rental permit.
k.
Proof of Service of Hearing Notice. Proof of service of the
hearing notice shall be certified at the time of service by a written
declaration under penalty of perjury executed by the persons effecting
service, declaring the date and manner in which service was made.
The declaration shall be affixed to a copy of the hearing notice and
retained by the Code Compliance Officer.
l.
Code Compliance Officer's Report. The Code Compliance Officer
shall prepare an administrative hearing packet for the City Manager,
or his/her designee, as Hearing Officer to review prior to the hearing.
The packet shall include a copy of the notice of action recommendation,
if applicable, and briefing, which should include a description of
the violations and any actions taken by the Vacation Rental Permit
holder subsequent to the service of the notice.
m.
Admissibility of Evidence at Hearing. The City Manager, or his/her
designee, as Hearing Officer shall hear any evidence offered in support
of or in protest of the proposed action provided such evidence is
relevant to the issues of the hearing. The City Manager, or his/her
designee, as Hearing Officer has the authority to determine the relevance
of any evidence to the hearing and the authority to exclude unduly
repetitious and cumulative evidence, regardless of its relevancy.
The City Manager, or his/her designee, as Hearing Officer shall not
be limited by the technical rules of evidence.
n.
Rights of Parties at Hearing. Any party with a legal interest
in the subject permit who appears at the hearing shall have the following
rights:
i.
To call and examine witnesses;
ii.
To introduce documentary and physical evidence;
iii.
To cross-examine opposing witnesses;
iv.
To impeach any witness regardless of which party first called
the witness to testify;
v.
To rebut evidence; and
vi.
To be represented by anyone who is lawfully permitted to do
so.
o.
Failure to Attend Hearing. If the vacation rental permit holder
fails to attend the scheduled hearing, the hearing will proceed without
the vacation rental permit holder and he or she will be deemed to
have waived his or her rights to be orally heard at the hearing.
p.
Duty to Prepare and Serve Notice of Decision—Final Decision.
The City Manager, or his/her designee, as Hearing Officer shall cause
to be prepared and served a written notice of decision upon the vacation
rental permit holder following the hearing. The decision of the City
Manager, or his/her designee, as Hearing Officer shall be final.
q.
Form of Notice of Decision. The notice of decision shall contain
a brief summary of the evidence considered, findings of fact, a determination
of the issues presented, and the effective date of the decision.
r.
Time for and Method of Service of Notice of Decision. The notice
of decision shall be served upon the vacation rental permit holder
within 30 days from the date the hearing is deemed closed. The notice
of decision shall be served either by causing a copy of the notice
to be delivered to the vacation rental permit holder personally or
by causing a copy of the notice to be delivered to vacation rental
permit holder via certified mail, postage prepaid, return receipt
requested, and addressed to vacation rental permit holder at the address
shown on the vacation rental permit.
s.
Proof of Service. Proof of service of the notice of decision
shall be certified at the time of service by a written declaration
under penalty of perjury executed by the persons effecting service,
declaring the date and manner in which service was made. The declaration
shall be affixed to a copy of the notice of decision and shall be
retained by the Code Compliance Officer.
t.
Effective Date. The effective date of the decision and order
of the City Manager, or his/her designee, as Hearing Officer shall
be as stated therein.
u.
Expedited Judicial Review. Any appeal of an administrative determination
by the City Manager, or his/her designee, as Hearing Officer involving
the modification or revocation of a permit, license or other entitlement
pertaining to expressive conduct protected by the State or Federal
Constitution is eligible for expedited judicial review pursuant to
the applicable Code(s) of Civil Procedure.
v.
Attorney's Fees. The prevailing party in any proceeding
conducted pursuant to this chapter and associated with the abatement
of a public nuisance shall be entitled to recovery of attorneys'
fees incurred in any such proceeding. In no proceeding shall an award
of attorneys' fees to a prevailing party exceed the amount of
reasonable attorneys' fees incurred by the City in the proceeding.
E.
The remedies provided for in this section are in addition to, and
not in lieu of, all other legal remedies, criminal or civil, which
may be pursued by the City to address any violation of this Code or
other public nuisance.
F.
Public Nuisance. In addition to any and all rights and remedies available
to the city, it shall be a public nuisance for any person or entity
to commit, cause or maintain a violation of this chapter, which shall
be subject to the applicable provisions of this Municipal Code.
G.
A separate offense occurs for each day any violation of, or failure
to comply with, any provision of this chapter is committed, continued,
maintained, or allowed to be continued.
(Ord. 533, 5-1-12; Ord. 695 10-15-19; Ord. 764 8-2-22; Ord. 794, 11/7/2023)
Nothing in this chapter shall limit the City’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat, including, but not limited to, Sections 4.16.010, 4.40.040 and 15.48.010 of the City’s Code.
(Ord. 533 5-1-12; Ord. 764 8-2-22)
The requirements of this chapter shall be in addition to any
license, permit, or fee required under any other provision of the
City’s Municipal Code. The issuance of any vacation rental permit
shall not relieve any person or entity of any obligation to comply
with any and all other provisions of the City’s Municipal Code.
(Ord. 533 5-1-12; Ord. 764 8-2-22)
