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)
A. 
This chapter provides reasonable and necessary regulations for the licensing of short-term rentals of residential dwelling units, the purposes of which are to:
1. 
Protect the health, safety, and welfare of short-term and long-term renters, property owners and neighboring property owners throughout the City of Port Orford.
2. 
Balance the legitimate livability concerns of residential neighbors with the rights of property owners to use their property as they choose.
3. 
Provide visitors to the City of Port Orford with reasonable opportunities and a range of short-term rental and vacation occupancy options.
4. 
Provide long-term residential options for those people who want to live and work in the City of Port Orford.
5. 
Protect the character of the City's neighborhoods by limiting the number, concentration, and scale of full-time short-term rentals in residential zones.
B. 
In the adoption of these regulations, the City finds the transient rental of dwelling units has the potential to be incompatible with the residential neighborhoods in which they are situated and to have a damaging impact on the livability of those neighborhoods. Therefore, special regulation of dwelling units used for transient occupancy is necessary to ensure these uses will be compatible with surrounding residential uses and will not materially alter the livability of the neighborhoods in which they are located.
C. 
A short-term rental operating license is revocable permission to operate a short-term rental, but only in accordance with this ordinance. A short-term rental operating license may be terminated, revoked or not renewed if the standards of this chapter are not met or the dwelling is sold or otherwise transferred as defined in this chapter. This chapter provides an administrative framework for the licensing and operation of short-term rentals and provides a process by which owners can appeal the City's decisions related to short-term rentals.
D. 
The regulations of this code are not intended to permit any violation of the provisions of any other law or regulation. Any exceptions allowed by this chapter shall not exempt the short-term rental from any other applicable requirement, regulation or ordinance adopted by the City of Port Orford.
E. 
The requirements in this chapter are not "land use regulations" as defined in ORS 197.015 or 195.300(14). The regulations contained in this chapter are not intended to, nor do they, implement the City of Port Orford Comprehensive Plan, the Curry County Land Use Ordinance, nor do they implement any of the Statewide Planning Goals.
(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.
"Adoption of the ordinance codified in this chapter"
means the date on which the ordinance codified in this chapter takes effect after adoption by the Port Orford City Council.
"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.
"Change of property ownership"
means the transfer of title from one person to another. It does not include transfer to revocable living trust.
"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.
"Short-term rental operating license"
means the regulatory license required and described in this chapter. It will be referred to as an "operating license."
"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.
"Vacation home rental"
means the transient rental of an entire dwelling unit.
(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)
A. 
Application Required. Applications for a short-term rental operating license shall be on forms provided by the City, demonstrating the applicant meets the standards required by this chapter. The applicant or authorized agent shall certify the following information to be true and correct:
1. 
Owner/Applicant Information. Applicant's name, permanent residence address, telephone number, and the short-term rental address and telephone number.
2. 
Proof of Residential Use (for hosted home shares within the R1 and R2 zones only). The residential use of a dwelling unit shall be established through its continued use as the primary residence of the property owner. The applicant shall provide at least two of the following items as evidence that the dwelling is the primary residence of the owner:
a. 
A copy of voter registration.
b. 
A copy of an Oregon driver's license or identification card.
c. 
A copy of Federal income tax return from previous tax year (page 1 only; financial data should be redacted).
3. 
Representative Information. The applicant shall provide the name, working telephone number, address and email of a local representative (which can be a person or company) who can be contacted concerning use of the property or complaints related to the short-term rental property. For the purposes of this requirement, local means the representative's address is within a 60-minute travel time of the subject property where the short-term rental is located.
4. 
Site Plan and Floor Plan. The site plan shall be a scale drawing, which can be hand-drawn, showing property boundaries, building footprint, location and dimensions of parking spaces, including dated photo(s) of interior and exterior parking spaces. The floor plan shall show in rough dimensions the locations and dimensions of all bedrooms in the dwelling unit or single-family dwelling.
5. 
Proof of liability insurance.
6. 
Proof of Transient Lodging Tax Registration. Evidence of transient lodging tax registration with the City for short-term rental.
7. 
Good Neighbor Guidelines. Acknowledgment of receipt and review of a copy of the City's Good Neighbor Guidelines. In addition, evidence that the City's Good Neighbor Guidelines had been effectively relayed to short-term rental tenants, by incorporating it into the rental contract, including it in the rental booklet, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method.
8. 
Listing Number. If they advertise, the listing numbers, or website addresses of where the short-term rental advertises (such as the VRBO/Airbnb/rental website number, accounts number, URL, etc.).
9. 
A completed safety checklist.
10. 
Proof of garbage service.
11. 
Such other information as the City Administrator or designee deems reasonably necessary to administer this chapter.
B. 
Incomplete Application. If a license application does not include all required materials and documentation, the application will be considered incomplete and the City will notify the applicant, in writing, explaining the deficiencies. If the applicant provides the missing required information within 21 calendar days of notice, the application will be reviewed. If the applicant does not provide the required information, the application will be deemed withdrawn and the City may refund all or a portion of the application fee.
C. 
License Fee. The fee for application for a short-term rental operating license or license renewal shall be as established by resolution of the City Council, but shall not be less than the following amounts:
1. 
Initial application fee of not less than $400.00.
2. 
An annual renewal fee of not less than $300.00.
3. 
A fee of not less than $75.00 per bedroom.
4. 
An addition of a bedroom to an existing short-term rental license shall be subject to a license alteration fee of not less than $50.00.
(Ord. 2023-15 § 1, 2023)
A. 
Term. A short-term rental operating license is valid for one year (12 months) and shall automatically expire if not renewed on or before June 30th. The license may be renewed annually by the licensee or authorized agent when all applicable standards of this chapter are met. If an authorized agent changes during the operating license period, the licensee shall notify the City in writing of the change 14 days prior to the date the change takes effect, except when the failure to do so is beyond the licensee's control.
B. 
Transferability. The short-term rental operating license shall be issued in the name of the licensee(s) and is not transferable.
(Ord. 2023-15 § 1, 2023)
A. 
License Must Be Obtained. Applications for short-term rental operating license shall be on forms provided by the City, demonstrating the application meets the standards required by this chapter.
B. 
Burden of Proof. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for initial approval or annual renewal of the short-term rental license. The approval criteria also operate as continuing code compliance obligations of the owner/contact person.
C. 
Responsibility. The applicant shall certify that all information provided is correct and truthful. It is the applicant's responsibility to ensure that the short-term rental is and remains in compliance with all applicable codes.
D. 
Transient Lodging Tax Compliance. The property owner shall be in compliance with the City of Port Orford Municipal Code Chapter 3.08, Transient Lodging Tax.
E. 
No Outstanding City Fees or Fines. The property owner shall be current with all penalties and fines due to the City of Port Orford Municipal Court.
F. 
Renewal Standards. The short-term rental operating license shall be issued in the name of the licensee(s) and is not transferable. Short-term rental operating licenses will be renewed by the licensee annually.
G. 
Renewal. The City will review an application for a short-term rental operating license renewal and issue a renewal provided all the standards in this chapter continue to be met. If not met, the City will not renew the short-term rental operating license and the property shall not be used as a short-term rental.
H. 
Right to Inspect. The City Administrator shall conduct a site visit upon application for a short-term rental or at any other time to confirm the number of bedrooms stated on the application and the number, location and availability of on-site parking spaces. The site visit will be coordinated with the applicant and be conducted during the City's normal business hours, and with reasonable notice. Failure to allow inspection shall result in violation of this chapter.
I. 
Appeal Rights. Decisions under this section may be appealed per Section 5.05.130.
(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;
7. 
The property address.
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:
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!
1.
Neighbors & Noise. The neighborhood general quiet hours are from 10:00 p.m. to 7:00 a.m.
2.
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.
3.
Speed Limits. Be mindful of posted speed limits. If you're not sure, slow down.
4.
Garbage. All garbage will be put in the provided secure containers, and will be picked up once a week.
5.
RVs. Occupied trailers and tents are not allowed on the premises at any time.
6.
Pets. Leash your pet, unless you are in a clearly defined off leash area. Also, clean up after them.
7.
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.
8.
Drones. Be mindful of where you are flying, and respectful of private property and wildlife. Some State parks prohibit drone use,
9.
Water-Wise. Sinks, toilets and showers should follow U.S. EPA WaterSense standards and guidelines. www.epa.gov/watersense.
(Ord. 2023-15 § 1, 2023)
A. 
Advertising and License Number. The licensee or authorized agent shall put the annual short-term rental operating license number on all advertisements for the specific property, if legally possible.
B. 
Complaints.
1. 
Response to Complaints. The licensee or representative shall respond to neighborhood questions, concerns, or complaints within 60 minutes. Unresolved complaints shall result in an immediate violation of this chapter.
2. 
Record of Response. The licensee or representative shall maintain a record of complaints and the actions taken in response to the complaint, if relevant, in an electronic or written manner deemed reasonable to document the interaction. This record must be available for City inspection upon request to investigate a complaint.
C. 
Specific Prohibitions. The following activities are prohibited on the premises of a short-term rental during periods of transient rental:
1. 
Events in 1-R and 2-R. Examples of events include, but are not limited to, company retreats, weddings, rehearsal dinners, organizational meetings, family reunions, anniversary or birthday parties etc.
2. 
Unattended barking dogs.
3. 
Activities that exceed noise limitations during quiet hours set in this chapter.
(Ord. 2023-15 § 1, 2023)
A. 
All new/initial short-term rental licenses issued after the date the ordinance codified in this chapter is adopted shall implement and comply with all provisions in this chapter. This section shall govern the implementation and applicability of this chapter to short-term rentals that are lawfully established, registered and operating on the date of adoption of the ordinance codified in this chapter ("lawful pre-existing short-term rentals").
B. 
Lawful Pre-Existing Short-Term Rentals. To qualify as a lawful pre-existing short-term rental, the property owner must be able to demonstrate the following with credible evidence to the satisfaction of the City Administrator.
1. 
The short-term rental had a license during the 12 months preceding adoption of the ordinance codified in this chapter.
2. 
Proof the short-term rental had been rented during the 12 months preceding adoption of the ordinance codified in this chapter for a verifiable number of nights.
3. 
The short-term rental owner paid the transient lodging tax during the 12 months preceding the adoption of the ordinance codified in this chapter for a verifiable number of nights.
(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)
A. 
In addition to the fines and revocation procedures described below, any person or owner who uses, or allows the use of, or advertises, property in violation of this chapter is subject to the enforcement authority of the City Administrator.
B. 
Each 24-hour period in which a dwelling unit is used, or advertised, in violation of this chapter or any other ordinance of the City of Port Orford Municipal Code shall be considered a separate occurrence for calculation of the following fines:
1. 
The first occurrence of one or more violation(s) will incur a warning or other fine amount otherwise specified in the City of Port Orford Municipal Code.
2. 
A second occurrence of one or more violation(s) within a 12-month period is subject to a $250.00 fine or other fine amount otherwise specified in the City of Port Orford Municipal Code, whichever is greater.
3. 
A third occurrence and all subsequent occurrences of violation(s) within a 12-month period is subject to a $500.00 fine or other fine amount otherwise specified in the City of Port Orford Municipal Code, whichever is greater.
C. 
Revocation and Suspension. The following actions are grounds for immediate revocation or suspension of a short-term rental operating license and cessation of use of the dwelling unit for short-term tenancy:
1. 
Failure to renew a short-term rental operating license as set forth in Section 5.05.060 while continuing to operate a short-term rental.
2. 
The receipt by the City of three or more unresolved complaints about the short-term rental within a 12-month period alleging violations of the requirements of this chapter.
3. 
The discovery of material misstatements or providing of false information in the application or renewal process is grounds for immediate revocation of the short-term rental operating license.
4. 
Such other violations of this chapter of sufficient severity in the reasonable judgment of the City Administrator, so as to provide reasonable grounds for immediate revocation of the short-term rental operating license.
D. 
Notice of Decision/Appeal. If the property owner is fined or a short-term rental operating license is revoked as provided in this section, the City Administrator shall send written notice to the property owner stating the basis for the decision. The notice shall include information about the right to appeal the decision and the procedure for filing an appeal. The property owner may appeal the City Administrator's decision under the procedures set forth in Section 5.05.130. Upon receipt of an appeal, the City Administrator shall stay the decision until the appeal has been finally determined by the Port Orford City Council.
(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)
A. 
After Revocation. After a short-term rental operating license has been revoked, the dwelling unit may not be used or occupied as a short-term rental unless a subsequent license is granted, and the licensee whose license has been revoked shall not be eligible to reapply for a short-term rental license for the same property for a period of two years.
B. 
After Expiration. If a short-term rental operating license expires, the dwelling unit may not be used or occupied as a short-term rental until such time as a subsequent license has been granted for that property.
(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)