For the purpose of this chapter, the following definitions shall apply:
"Accessory dwelling unit"
has the meaning set forth in Government Code Section 65852.2 and means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit is not an accessory building or structure.
"Agent"
shall mean any person who is authorized in writing by the owner to represent and act for an owner.
"Booking transaction"
shall mean any reservation or payment service provided by a person who facilitates a short-term lodging rental transaction between a transient user and owner for the use of a unit for a period of less than thirty consecutive calendar days.
"City manager"
shall mean the city manager of the city or his or her designee.
"Finance director"
shall mean the finance director of the city or his or her designee, which includes outside consultants and/or agents of the city, including any outside auditors as designated and/or assigned by the city.
"Gross floor area"
shall mean the area of the lodging unit that includes the surrounding exterior walls and any interior finished portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling. Stairwells and elevator shafts above the first level shall be excluded from the calculation of gross floor area.
"Home-sharing"
shall mean an activity whereby the owner hosts a transient user in the owner's lodging unit, for compensation, for periods of less than thirty consecutive calendar days, during which time the owner of the unit lives on site, in the unit, throughout the transient user's stay and the owner, the transient user, and any other occupants live together in the same unit as a single housekeeping unit.
"Hosting platform"
shall mean a person, corporation, entity, or company, other than an owner or agent, who participates in the short-term rental and/or lodging business by facilitating a booking transaction using any medium of facilitation.
"Lodging unit," "rental unit," "short-term rental unit," or "unit"
shall mean a "dwelling unit" as that term is defined in Chapter 3.20. An accessory dwelling unit (or "ADU") shall not be considered a short-term rental unit, lodging unit, and/or unit for purposes of this chapter, and will not be subject to the restrictions set out herein.
"Owner" (or "owner")
shall mean the person(s) that hold(s) legal and/or equitable title and/or rights to the lodging or rental unit.
"Person"
shall mean any individual and any form of business 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.
"Primary residence"
shall mean that the owner lives and stays at the unit for a minimum of two hundred seventy calendar days in a calendar year.
"Residential district"
shall mean those areas of the city so designated by Title 17 as well as any other area in the city designated for a residential use as part of a planned community development plan, specific area plan, or planned residential district.
"Short-term"
shall mean a lodging unit that is rented or leased as a single housekeeping unit for a period of less than thirty consecutive calendar days. This also includes home-sharing.
"Short-term lodging permit"
means a permit issued by the city that allows an owner to participate in the short-term rental program consistent with this chapter.
"Short-term lodging unit registry"
shall mean the published registry maintained by the city that sets forth a list of all owners and the address of all units that have a valid short-term lodging permit and business license with the city, a copy of which is available, without charge, to any person who requests a copy and which shall be accessible on the city's website.
"Single-family residential"
shall have the same definition as set forth in Chapter 17.
"Transient" or "transient user"
shall mean any person or persons who, for any period less than thirty consecutive calendar days either at his or her own expense, or at the expense of another, obtains lodging in a rental unit, lodging unit, or the use of any lodging space in any unit, for which lodging, or use of lodging space, incurs a charge.
(Ord. O2022-04 § 1)
Only properties in a residential district that are authorized under Titles 17 and this chapter shall be eligible for a short-term lodging permit. Such zones shall include only: R-1 One-family Dwelling, R-2 Limited Multiple-Family Dwelling, and R-3 Multiple-Family Dwelling.
Furthermore, only primary residences within eligible zones shall be eligible to receive a short-term lodging permit. A "primary residence" shall mean the residence in which the owner lives and stays at for a minimum of two hundred seventy calendar days in a calendar year.
(Ord. O2022-04 § 1)
No owner of a rental unit shall advertise for rent or rent a lodging unit located within a residential district for a short-term without a valid short-term lodging permit for that unit issued pursuant to this chapter.
(Ord. O2022-04 § 1)
An owner may retain an agent to comply with the requirements of this chapter, including, without limitation, the filing of an application for a short-term lodging permit, the management of the short-term lodging unit or units, and the compliance with the conditions to the short-term lodging permit. However, the permit shall be issued only to the owner of the short-term lodging unit or units. The owner of the short-term lodging unit, rental unit, or units is responsible for compliance with the provisions of this chapter and the failure of an agent to comply with this chapter. Nothing herein shall preclude the city from taking any action against the owner as set out by this chapter or the code, simply because the owner has retained an agent.
(Ord. O2022-04 § 1)
An application for an annual short-term lodging permit, or renewal thereof, shall be filed with the finance director upon forms provided by the city and shall contain the following information:
A. 
The name, address, and telephone number of the owner of the unit for which the short-term lodging permit is to be issued.
B. 
The name, address, and telephone number of the agent, if any, of the owner of the unit.
C. 
Evidence of a valid business license issued by the city for the separate business of operating a short-term lodging unit or units.
D. 
The number of bedrooms in the lodging unit, and the number of bedrooms (with a maximum of two in each unit) that the owner intends to allow for a short-term rental. The entirety of a home and/or unit is precluded from receiving a permit or being rented out as a short-term rental under this chapter.
E. 
The gross floor area of the lodging unit.
F. 
The number of parking spaces available on site and a description indicating the location and size of each parking space.
G. 
A nuisance response plan, which sets forth the owner's plan for handling disruptive, transient users/guests.
H. 
A certification that the applicant has reviewed the covenants, conditions, and restrictions, if any, and a short-term use is permitted at the location pursuant to the terms of the covenants, conditions, and restrictions, if any.
I. 
Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a short-term lodging unit.
J. 
The name, address, telephone number, and email of the individual (be it the owner, agent, or another) who shall be responsible to responding to complaints by neighbors, the city, and/or law enforcement regarding issues with the short-term rental. Such information will be made available on the city's website. This individual must meet the guidelines set out below in Section 3.40.090(A)(9)(a).
K. 
Such other information as the city manager deems reasonably necessary to administer this chapter.
(Ord. O2022-04 § 1)
If permits are available for issuance, no application filed by an owner for an annual permit or renewal of a permit for a unit eligible to be used as a short-term lodging unit, as provided for in Section 3.40.060 and this code, shall be denied unless:
A. 
The owner does not have a current, valid business license;
B. 
The owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the city;
C. 
The nuisance response plan is deemed inadequate by the city manager or his or her designee;
D. 
The property line of the proposed short-term rental unit or lodging unit is within one hundred yards of an existing short-term rental unit or lodging;
E. 
The short-term lodging permit for the same unit and issued to the same owner has been revoked;
F. 
The owner is in the process of selling the unit;
G. 
A hosting platform has determined that the owner is not permitted to conduct short-term rentals;
H. 
The owner has been convicted of a crime of moral turpitude;
I. 
The owner attempts to seek a short-term rental permit for the entirety of a unit or home, in violation of this chapter;
J. 
The owner neither has nor can provide off-street parking for transient users; or
K. 
The unit in question is not the primary residence of the owner. Primary residence shall mean that the owner lives and stays at the unit for a minimum of two hundred seventy calendar days in a calendar year.
(Ord. O2022-04 § 1)
An application or renewal application for a short-term lodging permit shall be accompanied by a fee established by resolution of the city council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the city in administering the provisions of this chapter and for providing the answering service.
(Ord. O2022-04 § 1)
A. 
All permits issued pursuant to this chapter are subject to the following standard conditions:
1. 
The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a transient user for a short-term and from home-sharing.
2. 
The owner shall not rent a lodging unit to a transient user that is under the age of twenty-five years. The transient user who rents the unit must be onsite during the stay (i.e., the twenty-five year old cannot rent the unit for individuals under the age of twenty-five.
3. 
The owner shall enter into a written agreement with the transient user that requires:
a. 
All persons residing in the short-term lodging unit to live together as a single housekeeping unit; and
b. 
Limits the overnight occupancy of the short-term lodging unit to the maximum permitted by the building code and fire code.
4. 
The owner shall ensure that the transient user complies with all terms of the written agreement set forth in subsection (A)(3) of this section.
5. 
The owner shall use best efforts to ensure that the transient user, occupants and/or guests of the short-term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs.
6. 
The owner shall, upon notification that any transient user, occupant, and/or guest of his or her short-term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest.
7. 
The owner of the short-term lodging unit shall use best efforts to ensure compliance with all the provisions of Titles 8, 9, and 10 of this code.
8. 
The owner of the short-term lodging unit shall provide the transient user with a copy of the Manteca Municipal Code in electronic format.
9. 
The owner of the short-term lodging unit shall provide the transient user with a copy of the short-term lodging permit and post a copy of the conditions set forth in this subsection in a conspicuous place within the unit. The notice shall be in substantial compliance with a template created by the city, which shall be available on the city website, and contain the following:
a. 
The name of the local contact person(s) and phone number at which that person(s) may be reached on a twenty-four hour basis. The local person(s) must be located within twenty-five miles of the unit and shall respond to any call related to the unit within thirty minutes;
b. 
The number and location of on-site parking spaces;
c. 
The street sweeping schedule for all public rights-of-way within three hundred feet of the unit;
d. 
The trash collection schedule for the unit, and the code rules and regulations concerning the timing, storage, and placement of trash containers and recycling requirements;
e. 
Notification that no amplified sound or reproduced sound is allowed outside or audible from the property line between the hours of 10:00 p.m. and 7:00 a.m.; and
f. 
Notification that any transient user, occupant, or guest is responsible for all activities occurring on the property and that any transient user, occupant or guest may be cited and fined for creating a disturbance or violating any provision of this code.
10. 
With respect to any short-term lodging unit that is located in any safety enhancement zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the safety enhancement zone is in effect to prevent any transient user, occupant, or guest from engaging in disorderly conduct or committing violations of this code or state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs.
11. 
The owner shall:
a. 
Ensure that all transient occupancy taxes and visitor service fees are collected and remitted to the city and otherwise comply with all transient occupancy tax and visitor service fee requirements, as set forth in Chapters 3.16 and 3.40.
b. 
If the owner uses an agent to collect and remit the transient occupancy tax and the visitor service fee, either voluntarily or as directed by the city, the owner shall be responsible for ensuring that the agent collects and remits the appropriate fees, transient occupancy tax, and the visitor service fee to the city pursuant to the requirements set forth in this chapter and Chapters 3.09, 3.16, and 3.42 (as set out hereto), respectively.
c. 
If the city manager directs, in writing, a hosting platform to collect and remit the transient occupancy tax and the visitor service fee, the owner shall: (i) be responsible for ensuring the hosting platform collects and remits the transient occupancy tax and the visitor service fee to the city in accordance with this chapter; and (ii) when filing a return in accordance with Sections 3.16. and 3.40, the owner shall provide the city with a copy of all receipts showing the date the short-term lodging unit was rented, the name of the hosting platform, the amount of transient occupancy tax and visitor service fee collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the city.
12. 
The owner shall provide the city with the name and twenty-four hour phone number of a local contact person(s) (who resides within twenty-five miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide the office of the city manager with a new local contact person and his or her phone number within five business days, if there is a change in the local contact person(s).
13. 
The owner shall ensure that all available parking spaces on site, which may include garage, carport, and driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the short-term lodging unit. The owner shall disclose the number of parking spaces available on site and shall inform the transient user, occupant and/or guest that street parking may not be available.
14. 
The owner shall maintain a valid business license and short-term lodging permit when engaging in short-term lodging.
15. 
The owner shall include the city issued short-term lodging permit number on all advertisements for the rental of the short-term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction.
16. 
The owner shall ensure that a permitted short-term lodging unit is only used for residential purposes and not used for nonresidential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming, and/or non-owner wedding receptions.
17. 
The owner shall ensure that no amplified sound or reproduced sound is used outside or audible from the property line between the hours of 9:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapter and the code.
18. 
The owner shall comply with the nuisance response plan submitted with the application for a short-term lodging permit and approved by the finance director.
19. 
The owner shall allow the city to inspect the short-term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven calendar days after the city serves the owner with a request for inspection in accordance with this section. If, based on the inspection, it is determined that the information submitted to the city in accordance with Section 3.40.060 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection.
20. 
The owner shall provide the city with a copy of any written rental agreement(s) within seven calendar days after the city serves the owner with a notice of request for written rental agreements.
21. 
The owner shall:
a. 
Require every transient user and guest of the transient user to comply with all state and local laws that regulate parking while staying at or visiting the short-term lodging unit;
b. 
Require every transient user to provide the owner with the license plate number for all vehicles that are used by the transient user or the transient user's guest while staying at or visiting the short-term lodging or rental unit; and
c. 
Provide the city with the vehicle license plate number(s) for every vehicle which was used by the transient user or the transient user's guest while staying at or visiting the short-term lodging, within seven calendar days after the city serves the owner with a notice of request for the vehicle license plate number(s) in accordance with Section 1.08.080.
22. 
The owner shall ensure that any transient user or transient user's guest complies with all state and local laws that regulate parking while the transient user or transient user's guest is staying at or visiting the short-term lodging unit. For purposes of this condition, a transient user or transient user's guest shall be presumed to be staying at or visiting a short-term lodging unit if a parking citation is issued to the transient user or the transient user's guest within one hundred feet of the property line of the short-term lodging unit during the time the transient user is renting the short-term lodging unit.
23. 
The owner shall exercise best efforts to ensure that only a maximum of two adults (age eighteen and older) and one child (age seventeen and under) per room in the unit, but no more than two adults in one room in the unit.
B. 
The city manager (or his or her designee) shall have the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of this chapter.
C. 
The city manager (or his or her designee) shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this chapter subject to compliance with the procedures specified in Sections 3.40.060 and 3.40.090.
D. 
Any unit subject to this chapter must be the primary residence for the owner.
E. 
Only up to two rooms per unit shall be permitted.
F. 
Renting out the entirety of a unit is prohibited.
G. 
A maximum of two adults (age eighteen and older) and one child (age seventeen and under) per room in the unit shall be permitted, for a total of three individuals maximum. Parents and/or guardians may allow up to three children per room, so long as the parent and/or guardian is on site throughout the duration of the stay at the unit.
H. 
Up to one pet may be permitted by the owner, provided, however, all pets must be under control (including on leash for dogs) of the transient user while outside of the unit.
I. 
A maximum of two vehicles per booking shall be permitted. All vehicles shall be subject to this chapter as well as any relevant zoning and/or vehicle rules and regulations under this code. Owners may be subject to violations and/or fees (consistent with this chapter and the code) for failing to enforce this provision.
(Ord. O2022-04 § 1)
A. 
In addition to any other provision of this code, it shall be unlawful for any transient user, occupant, or guest of a short-term lodging or rental unit to:
1. 
Exceed the overnight occupancy limit designated for the short-term lodging unit.
2. 
Use street parking prior to utilizing all available on-site parking space(s) for the lodging unit.
3. 
Place trash for collection in violation of this code's rules and regulations concerning:
a. 
The timing, storage, or placement of trash containers; or
b. 
Recycling requirements.
4. 
Amplify or reproduce sound between the hours of 9:00 p.m. and 10:00 a.m.:
a. 
Outside of the lodging unit; or
b. 
In a manner that is audible from the property line for the lodging unit.
5. 
Use the short-term lodging for any nonresidential purpose, including, but not limited to, large commercial or noncommercial gatherings, parties, commercial filming, and/or non-owner wedding receptions.
6. 
Rent a lodging unit to any person for a short-term.
B. 
In addition to any other provision of this code, it shall be unlawful for any lessee to rent a lodging unit to any transient user for a short-term.
(Ord. O2022-04 § 1)
A. 
If directed to do so by the city manager or (his or her) designee, in writing, agents and/or hosting platforms shall:
1. 
Collect all applicable transient user occupancy taxes and visitor service fees that are imposed on the transient users, pursuant to Chapters 3.16 and 3.40, from the transient user, or from the person paying for the rental, at the time payment for such rental is made; and
2. 
Remit to the city any transient occupancy taxes or visitor service fees collected by the hosting platform or agent to the city before the last day of the month following the close of each calendar quarter or on the day specified by the finance director if a different reporting period has been established. Hosting platforms shall not collect or remit such taxes unless expressly authorized to do so by the finance director, in writing. Nothing in this subsection shall be deemed to relieve an owner, as that term is defined in Chapters 3.16 and 3.40, from complying with the requirements set forth in Chapters 3.16 and 3.40, or to interfere with the ability of an agent or hosting platform and an owner to enter into an agreement regarding fulfillment of the requirements of this subsection.
B. 
Subject to applicable laws, agents and hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, 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.
C. 
Agents and hosting platforms:
1. 
Shall prompt any person utilizing their advertising services to include the city-issued registration number in their listing(s) in a format designated by the city and shall not advertise any short-term lodging unit where a registration number is not provided. Upon notice from the city that a listing is noncompliant, agents and hosting platforms shall cease any short-term rental booking transactions for said listing(s) within five business days. An agent or hosting platform shall not complete any booking transaction for any short-term lodging unit subject to a city notice that a unit is noncompliant, until notified by the city that the short-term lodging unit follows the local registration requirement.
2. 
Shall not collect or receive a fee, directly or indirectly, for facilitating or providing services ancillary to an unpermitted short-term lodging unit, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the short-term lodging unit.
D. 
A hosting platform operating exclusively on the internet, which operates in compliance with subsections (A), (B), and (C) of this section, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter.
E. 
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, such law(s). The city manager, through the city attorney's office, shall have the authority to issue and serve administrative subpoenas to the owner, agent, or hosting platform, as necessary, to obtain specific information regarding short-term rental listings located in the city, 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 short-term rental listing complies with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty calendar days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty calendar day period. Failure to respond to an administrative subpoena in accordance with the terms set forth therein shall be punishable in accordance with the code and the city may file a judicial action to compel compliance with the subpoena.
(Ord. O2022-04 § 1)
A. 
It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter.
B. 
In addition to, or separate from, the foregoing criminal penalties, any person violating any of the provisions or failing to comply with any of the requirements of this chapter is subject to the issuance of an administrative citation pursuant to the provisions of Chapter 1.10 of the code.
(Ord. O2022-04 § 1)
In addition to any fine or penalty that may be imposed pursuant to any provision of this code, a short-term lodging permit for a unit may be suspended or revoked as provided in this section.
A. 
Suspensions/Revocations.
1. 
Except as otherwise provided in this subsection, if any person violates any short-term lodging permit condition two or more times in any twelve month period or any other provision of this code, state law or federal law, two or more times in any twelve month period, and the violation relates in any way to the unit that has a short-term lodging permit, the short-term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section.
2. 
In the case of a short-term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this code during the period that the safety enhancement zone is in effect, the short-term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section.
3. 
If a lodging unit that is subject to a short-term lodging permit has been the location of two or more violations of public peace, morals, and welfare, as defined in Title 9 of this code, while the lodging unit was occupied on a short-term basis within any eighteen month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. If a violation of Title 9 occurred prior to the passage of this section, such a violation shall not be included for purposes of this section.
4. 
If a person violates Section 3.40.090 or 3.40.100 regarding any unit that has had a short-term lodging permit suspended pursuant to subsection (B) of this section, the short-term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
5. 
If any person violates any short-term lodging permit condition or any other provision of this code, state, or federal law within six months of having a previously suspended short-term lodging permit reinstated for a unit and the violation relates in any way to the unit that has the short-term lodging permit, the short-term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
6. 
If any person violates: (1) any short-term lodging permit condition three or more times in any twelve-month period; or (2) any provision of this code, state or federal law three or more times in any twelve-month period and the violations relates in any way (directly or indirectly) to the unit that has a short-term lodging permit, the short-term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
7. 
If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter or Chapter 3.16, in regards to any unit that has a short-term lodging permit, two or more times within any twenty-four month period, the short-term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
8. 
If any person is determined to have provided false information on an application for an annual short-term lodging permit, or renewal thereof, the short-term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
B. 
Permits shall be suspended or revoked, only in the manner provided in this section.
1. 
The city manager shall designate one or more city employees (each to be known as a "designee") to investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, and/or this code, or any state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on-site property inspections. Should the investigation reveal a preponderance of the evidence to support a finding that warrants a suspension or revocation of the short-term lodging permit, the designee shall issue written notice of intention to suspend or revoke the short-term lodging permit. The written notice shall be served on the owner in accordance with Chapter 1.10 of this code, and shall specify the facts which, in the opinion of the designee, constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short-term lodging permit shall be suspended and/or that the short-term lodging permit shall be revoked within thirty calendar days from the date the notice is given, unless the owner files with the city manager's office, before the suspension and/or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the city, and pays the fee for the hearing as established by resolution of the city council.
2. 
If the owner requests a hearing and pays the hearing fee established by resolution of the city council within the time specified in subsection (B)(1) of this section, the designee shall serve written notice on the owner, pursuant to Chapter 1.10 of this code, setting forth the date, time, and place for the hearing. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence, and submit proposed findings and recommendations to the city manager. The city manager shall suspend or revoke the short-term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The city manager shall render a decision within thirty calendar days of the hearing and the decision shall be final.
C. 
If a short-term lodging permit is suspended, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short-term rental of the unit during the term of the suspension. If a short-term lodging permit is revoked, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short-term rental of the unit.
D. 
After any suspension, the owner may reapply for reinstatement of the short-term lodging permit, which shall be processed in accordance with this section, provided the owner has paid the city all amounts owed the city in accordance with Title 3 and has abided by all rules and regulations set out herein.
(Ord. O2022-04 § 1)
Permits and fees required by this chapter shall be in addition to any license, permit, or fee required under any other chapter of this code. The issuance of any permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this code, including, but not limited to, those provisions pertaining to the use and occupancy of the lodging unit or the property on which it is located as well as the collection and remittance of transient occupancy taxes and visitor service fees in accordance with this chapter and Chapters 3.16 and 3.42.
(Ord. O2022-04 § 1)
A. 
Any owner that has ceased operating a short-term lodging unit shall inform the finance director in writing of the date of the last rental and, having done such, the short-term lodging permit shall be closed. The city will send a final transient occupancy tax and visitor service fee bill, which will be due and payable thirty days from the date of the invoice.
B. 
The finance director shall close any permit that has no short-term lodging activity for a period of eighteen months as evidenced by remitting zero dollars on the required transient occupancy tax and visitor service fee forms or has failed to return the transient occupancy and visitor service forms. After any permit closure pursuant to this subsection, the owner may reapply for reinstatement of the short-term lodging permit which shall be processed in accordance with this section.
(Ord. O2022-04 § 1)