The provisions of this chapter are intended to authorize the licensing and the regulating of short-term rentals in residential dwelling units on all property within the City of Port Orford. There is added to the City of Port Orford Municipal Code Chapter
5.05 entitled "Short-Term Rental Operating Licenses" and those sections and subsections set forth herein.
(Ord. 2023-15 § 1, 2023)
The City Administrator will have the authority to establish
administrative rules and regulations consistent with the provisions
of this chapter for the purpose of interpreting, clarifying, carrying
out, furthering and enforcing the provisions of this chapter. A copy
of such administrative rules and regulations shall be on file in City
Hall and shall be posted on the City's website. Any such administrative
rules and regulations shall be binding upon any owner, operator or
registrant of a short-term rental.
(Ord. 2023-15 § 1, 2023)
The following definitions shall apply to this chapter, its interpretation,
application and enforcement; otherwise, ordinary dictionary definitions
shall apply unless the context indicates otherwise.
"Applicant(s)"
means an owner(s) of a dwelling unit who applies to the City
for a short-term rental operating license.
"Authorized agent"
means a property management company or other entity or person
who has been designated by the applicant or licensee, in writing,
to act on their behalf. The authorized agent may or may not be the
designated representative for purpose of contacting for complaints.
"Bedroom"
means a room intended and permitted to be used for sleeping
purposes that has all of the following attributes:
1.
Light, ventilation and heating.
2.
Consists of four walls to the ceiling, at least one of which
is located along an exterior wall with a window.
3.
All sleeping areas used as a bedroom in a short-term rental
must be permitted for that use, and no areas may be converted to a
bedroom without demonstration of compliance with this chapter.
"City Administrator"
means the City Administrator or any authorized employee of
the City of Port Orford designated by him or her.
"Contact person"
means the owner, or if designated on the license application,
the authorized agent of the owner, authorized to act on behalf of
the owner of the short-term rental property.
"Daytime"
means between the hours of 7:00 a.m. to 10:00 p.m.
"Dwelling unit"
means a lawfully established single unit that provides complete
independent living facilities for one or more people including permanent
provisions for living, sleeping, eating, sanitation and one cooking
area. Dwelling unit includes a single-family dwelling and factory-built
or manufactured dwelling that bears a valid certification of compliance
with applicable manufactured dwelling standards. Dwelling unit does
not include a recreational vehicle or similar mobile structure, or
motorized vehicle designed and built for temporary vacation use.
"Good cause,"
for the purposes of denial, suspension, revocation, impositions
of conditions, renewal and reinstatement of a short-term rental operating
license, means: (1) the applicant, owner or contact person has failed
to comply with any of the terms, conditions, or provisions of this
chapter or any relevant provision of the Port Orford Municipal Code,
State law or any other rule or regulation promulgated thereunder;
(2) the applicant, owner, or contact person has failed to comply with
any special conditions placed upon the short-term rental operating
license; or (3) the short-term rental has been operating in a manner
that adversely affects the public health or welfare or the safety
of the immediate neighborhood in which the short-term rental is located.
"Good Neighbor Policy"
means a policy furnished by the City of Port Orford that
summarizes general rules of conduct, consideration and respect, and
includes, without limitation, provisions of this chapter applicable
to or expected of guests occupying the short-term rental.
"Hosted home share"
means the transient rental of a portion of a dwelling while
the homeowner is present. For the purpose of this title, "present"
means the homeowner is staying in the dwelling overnight while lodgers
are present.
"Licensee"
means the owner(s) of a dwelling unit who holds a short-term
rental operating license.
"Non-transient rental"
means to rent a dwelling unit or room(s) for compensation
on a month-to-month basis, or for a period longer than 30 days.
"Overnight"
means between 10:00 p.m. to 7:00 a.m. the following day.
Overnight includes the term "quiet hours."
"Owner(s)"
means the natural person(s) or legal entity that owns and
holds legal or equitable title to the property. If the owner is a
business entity such as partnership, corporation, limited liability
company, limited partnership, limited liability partnership or similar
entity, all persons who have an interest in that business entity may
be considered an owner.
"Renter"
means a person who rents a short-term rental or is an occupant
in the short-term rental. Renter includes the term "tenant."
"Short-term rental" or "STR"
means the transient rental of a dwelling unit for a period
of 30 or fewer nights but does not include a bed and breakfast enterprise,
hotel, motel and RV parks. Short-term rental includes advertising,
offering, operating, renting, or otherwise making available or allowing
any other person to make a dwelling unit available for occupancy or
use a dwelling unit for a rental period of 30 or fewer nights. Short-term
rental use is a type of "vacation occupancy" as defined in ORS 90.100.
"Transfer"
means the addition or substitution of owners not included
on the original license application whether or not there is consideration.
If multiple owners exist on a license, individual owners may be removed
from that license without constituting a transfer.
"Transient rental"
means to rent a dwelling unit or room(s) for compensation
on less than a month-to-month basis.
(Ord. 2023-15 § 1, 2023)
No owner of property within the Port Orford City limits may
advertise, offer, operate, rent or otherwise make available or allow
any other person to make available for occupancy or use a short-term
rental without a short-term rental operating license. Advertise or
offer includes through any media, whether written, electronic, webbased,
digital, mobile or any other form of communication.
A. License
Must Be Obtained. A short-term rental operating license shall be obtained
and renewed as prescribed in this chapter before a dwelling unit may
be offered, advertised or used as a short-term rental. The permission
to operate a short-term rental in the City of Port Orford that is
embodied in a license may be revoked for failure to obtain, renew
or maintain registration, to operate a short-term rental in accordance
with all requirements of the license, or otherwise comply with the
requirements of this chapter. It is a violation of this chapter to
operate a short-term rental without a valid license.
B. No Nonconforming
Status Conferred. The fact that an owner of property or other entity
may hold a license on the date of adoption of the ordinance codified
in this chapter does not confer a property right status under ORS
215.130 to continue operation of a short-term rental. Operation, advertisement
or offering a dwelling unit for short-term rental use, in all cases,
requires a valid license.
C. Cap
on Number of Short-Term Rental Operating Licenses in Effect for the
City of Port Orford. The City Council may establish by resolution
a limit on the-number of short-term rental operating licenses that
can be in effect at any one time for defined residential areas 1-R
and 2-R. If at the time of license application for a new short-term
rental license, there is not room within the applicable residential
area cap to accommodate the new license, the application will be denied,
but the applicant will be placed on a waiting list in order of rejection
and will be contacted by the City Administrator as soon as there is
room within (under) the applicable residential area cap to accommodate
the new short-term rental license. There is no similar limitation
on issuance of licenses outside residential areas 1-R and 2-R. Hosted
home stays are not subject to the cap.
D. Density
Limitation on Short-Term Rental Operating License in the City of Port
Orford. The City will not issue a new short-term rental license in
defined residential areas 1-R and 2-R if, at the time of application,
there is a valid and licensed short-term rental operating on a property
within 300 feet (closest property boundary to closest property boundary)
of the applicant's property.
(Ord. 2023-15 § 1, 2023)
To qualify to obtain or retain a short-term rental operating
license, the contact person and short-term rental must comply with
the following operational requirements and standards. Failure to comply
could be grounds for denial, non-renewal or revocation of a short-term
rental operating license.
A. Maximum
Occupancy. The maximum overnight occupancy for a short-term rental
shall be limited to two persons per bedroom plus two additional persons.
For example, a two-bedroom short-term rental is permitted a maximum
overnight occupancy of six people. The contact person may allow up
to two minor children age two to 12, to occupy the short-term rental
in addition to the maximum number of occupants. Minors up to age two
do not count towards maximum occupancy.
B. Off-Street
Parking Spaces Required for 1-R and 2-R Only. One off-street vehicle
space is required per bedroom. All of the required notices and placards
required by this chapter shall require the renters to park on site
and not park on the street, even if on-street parking is otherwise
available.
C. Contact
Information. The applicant or authorized agent has provided information
sufficient to verify a qualified person will be available to be contacted
about use of the short-term rental during and after business hours.
The licensee or representative shall be available to be contacted
by telephone to ensure a response to the short-term rental address
at all hours (24 hours a day, seven days a week). Response must be
within 60 minutes. The designated representative may be changed from
time to time throughout the term of the license. To do so, the license
information shall be revised with the City at least 14 days prior
to the date the change takes effect, except when the failure to do
so is beyond the licensee's control. In an emergency or absence, contact
forwarding information to a qualified person may be provided for the
licensee or representative. In the case of hosted home shares, the
contact person shall be the permanent resident who will be hosting
the transient accommodations.
D. Quiet
Hours. A violation occurs if between the hours of 10:00 p.m. and 7:00
a.m. there is any unreasonable noise from an STR that can be heard
at the property line.
E. No Unpermitted
Improvements or Bedrooms. All electrical, structural, plumbing, venting,
mechanical and other improvements made to a registered short-term
rental shall be fully permitted and inspected by applicable authority.
F. Notice
to Neighbors. For short-term rentals, the licensee or authorized agent
shall either: (1) provide an annual mailing or otherwise distribute
by hand, a flier to neighbors within a 300-foot radius of the short-term
rental property address containing the operating license number and
owner or representative contact information; or (2) post a small place
card or sign as specified by the City on the property in proximity
to the adjacent street advising neighbors and tenants of the same
information where it can be seen from the public right-of-way.
The purpose of this notice is so adjacent property owners and
residents can contact a responsible person to report and request resolution
of problems associated with the operation of the short-term rental.
If the permanent contact information changes during the license period,
the new information must be mailed or distributed again, or changed
on the place card or sign.
G. Health
and Safety.
1. Responsibility.
It is the licensee's responsibility to ensure that the short-term
rental is and remains in substantial compliance with all applicable
codes regarding fire, building and safety, health and safety, and
other relevant laws.
2. Fire
and Emergency Safety. A completed checklist for fire safety (fire
extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall
be required with each annual short-term rental operating license application
and renewal. The licensee shall be responsible for completing the
fire safety checklist and ensuring continued compliance. Verification
with the application or renewal by the City shall be required prior
to issuance of a license and may be required for each renewal at the
City Administrator's discretion.
a. At least one functioning fire extinguisher shall be located in the
kitchen of the short-term rental dwelling unit. Extinguisher must
be visible and accessible to renters at all times.
b. All electrical outlets and light switches shall have face plates.
c. Electrical panels shall be unobscured and have all circuits labeled.
d. Every bedroom shall have a smoke detector that is interconnected
with a smoke detector in an adjacent hallway, common area, or in the
immediate area of the bedroom.
e. A carbon monoxide detector/alarm device shall be placed within 15
feet of each bedroom door.
f. Exterior lighting shall be directed in a downward direction to prevent glare onto adjacent properties as per the Port Orford Municipal Code Chapter
15.17, Outdoor Lighting Code.
3. Solid
Waste Collection—Minimum Service Requirements. During all months
the dwelling unit is available for transient accommodation, short-term
rentals shall have weekly solid waste collection service with assisted
pick-up provided by the solid waste provider, if available. For the
purposes of this section, assisted pick-up means the collection driver
retrieves the cart from the driveway, rolls it out for service, and
then places it back in its original location.
H. Mandatory
Postings. The short-term rental operating license issued by the City
(or a copy thereof) shall be displayed in a prominent location within
the interior of the dwelling adjacent to the front door. The license
will contain the following information:
1. Number
or other identifying mark unique to the short-term rental operating
license which indicates the license is issued by the City of Port
Orford with the date of expiration;
2. The
name of the licensee or representative and a telephone number where
the licensee or representative may be contacted;
3. The
number of approved parking spaces for 1-R and 2-R only;
4. The
maximum occupancy permitted for the short-term rental;
5. Tsunami
Evacuation Map at every exit;
6. Day
of week of trash pickup;
I. The licensee shall be in compliance with the transient lodging tax pursuant to City of Port Orford Municipal Code Chapter
3.08, and subject to the Tax Administrator's authority under that chapter.
J. No Recreational
Vehicle. No recreational vehicle, travel trailer, or tent or other
temporary shelter shall be used as or in conjunction with a short-term
rental. No occupancy of a parked vehicle, including recreational vehicles,
is permitted in conjunction with a short-term rental.
K. Good
Neighbor Policy and Guidelines. The property owner and contact person
shall acknowledge the City's Good Neighbor Policy, shall post them
in every short-term rental, and provide copies to all short-term rental
renters:
Good Neighbor Policy:
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Commitment to Community: We share our Expectations of Conduct
with guests in multiple ways: on our website, at time of booking,
and upon arrival. These are enforceable standards required by the
local jurisdictions. This is good information for residents, too!
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1.
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Neighbors & Noise. The neighborhood general quiet hours
are from 10:00 p.m. to 7:00 a.m.
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2.
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Parking. Parked vehicles may not block driveways, bike lanes
or emergency vehicle access lanes. Obstructed access means delays,
and delays could cost someone's life. Park Smart.
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3.
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Speed Limits. Be mindful of posted speed limits. If you're not
sure, slow down.
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4.
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Garbage. All garbage will be put in the provided secure containers,
and will be picked up once a week.
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5.
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RVs. Occupied trailers and tents are not allowed on the premises
at any time.
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6.
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Pets. Leash your pet, unless you are in a clearly defined off
leash area. Also, clean up after them.
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7.
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Fires. Fires are only allowed in designated areas, and should
never be left unattended. Outdoor fires are prohibited in Port Orford
during many months of the year. Check with Coos Forest Protective
Association (CFPA) on current restrictions before lighting any outdoor
fires. www.cfpa.net (541)
267-3161.
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8.
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Drones. Be mindful of where you are flying, and respectful of
private property and wildlife. Some State parks prohibit drone use,
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9.
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Water-Wise. Sinks, toilets and showers should follow U.S. EPA
WaterSense standards and guidelines. www.epa.gov/watersense.
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(Ord. 2023-15 § 1, 2023)
In addition to complaints related to nuisance and noise and
other violations of the City of Port Orford Municipal Code, the following
conduct also constitutes a violation of this chapter and is a civil
infraction:
A. The
discovery of material misstatements or providing of false information
in the application or renewal process.
B. Representing
a dwelling unit as available for occupancy or rent as a short-term
rental where the owner does not hold a valid operating license issued
under this chapter, or making a short-term rental available for use,
occupancy or rent without first obtaining a valid operating license.
C. Advertising
or renting a short-term rental in a manner that does not comply with
the standards of this chapter.
D. Failure to comply with the substantive or operational standards in Section
5.05.080,
5.05.090 or
5.05.100 or any conditions attached to a particular short-term rental license.
(Ord. 2023-15 § 1, 2023)
Any decisions by the City approving, denying, or revoking a short-term rental operating license may be challenged, only pursuant to this section. This includes a decision by the City Administrator made pursuant to Section
5.05.100 regarding a lawful pre-existing short-term rental.
A. Filing Requirements—Notice. The property owner or authorized agent may appeal a short-term rental operating license decision to approve, deny or revoke an operating license under Section
5.05.100.
B. Authority
to Decide Appeal. The Port Orford City Council shall be responsible
for deciding all appeals under this chapter.
C. Time
for Filing. A property owner is required to file a written notice
of appeal including a written description of the legal basis for the
appeal no later than 14 calendar days after the license application,
renewal or other determination being appealed was issued. This requirement
is jurisdictional and late filings shall not be accepted.
D. Fee
for Appeal. The Port Orford City Council may establish by resolution
a fee for filing an appeal, which shall be a jurisdictional requirement.
E. Procedures.
The City Administrator may establish administrative procedures to
implement the appeal process provided in this section, including any
required forms. The Port Orford City Council may adopt procedures
for hearings not in conflict with this section, including, but not
limited to, time limitations on oral testimony and limitations on
written argument.
F. Hearing.
Within 35 days of receiving the notice of appeal, the City Administrator
shall schedule a hearing on the appeal before the Port Orford City
Council. At the hearing, the appellant shall have the opportunity
to present evidence and arguments as may be relevant. The Port Orford
City Council may direct the City Attorney to draft findings of fact
and interpretations of code or law to be considered at a later meeting.
G. Standard
of Review and Decision. The Port Orford City Council shall determine
whether the City's decision was based on a preponderance of the evidence.
A decision of the Port Orford City Council shall be based on the evidence
received, in writing and signed by the chair, no later than 30 days
after the close of the hearing. The Port Orford City Council may determine
not to fine, suspend or revoke the license. If the Port Orford City
Council upholds the decision to revoke the short-term rental operating
license, the City Administrator shall order the licensee to discontinue
the use of the property as a short-term rental. If the Port Orford
City Council reverses the decision to suspend or revoke the operating
license, the property owner shall continue to use the property as
a short-term rental.
H. Finality.
The Port Orford City Council's decision shall be final on the date
of mailing the decision to the appellant. The Port Orford City Council's
decision is the final decision of the City and is appealable only
by writ of review to Circuit Court.
(Ord. 2023-15 § 1, 2023)
The remedies provided in this chapter are in addition to, and
not in lieu of, all other legal remedies, criminal and civil, which
may be pursued by the City to address any violation of this code,
the Development Code, or other public nuisance.
(Ord. 2023-15 § 1, 2023)