[HISTORY: Adopted by the Mayor and Council of the City of
Crisfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-10-2018 by Ord. No. 679]
The purposes of this article and the policy of the City of Crisfield
shall be to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
occupants relating to residential rental units in the City of Crisfield,
and to encourage owners and occupants of residential rental units
to maintain and improve the quality of rental units within the community.
This article provides for a regular inspection program, registration
and licensing of residential rental units, as defined in this article,
and the penalties for noncompliance.
As used in this article, the following terms shall have the
meanings indicated:
A building or portion thereof arranged or designed for residential
occupancy, including but not limited to an apartment, accessory apartment,
efficiency apartment, boardinghouse, rooming house, single-family
dwelling and multifamily dwelling.
Any individual, proprietorship, partnership, corporation,
association, or other legal entity.
Any dwelling unit in which a person resides in consideration
of value, paid or tendered to or for the use or benefit of the owner
of record of such dwelling unit or the owner's authorized representative,
or a lessee of the dwelling unit. The term "residential rental unit"
shall include any single-family residential dwelling unit or multifamily
residential dwelling unit leased, rented, or offered for lease or
rent, to any person, including any single-family residential dwelling
unit or multifamily residential dwelling unit owned by the Crisfield
Housing Authority and leased, rented, or offered for lease or rent,
to any person in accordance with the public housing program administered
and operated by the Crisfield Housing Authority within the municipal
limits of the City of Crisfield, subject to the provisions of Maryland
Code, Housing & Community Development, § 12-101 et seq.
and all applicable federal laws and regulations governing public housing.
[Amended 1-8-2020 by Ord.
No. 692]
A.
Subject to the provisions of § 91-3B, it shall be unlawful for any person to rent or otherwise let a dwelling or dwelling unit within the City of Crisfield without first having obtained a license for said dwelling or dwelling unit as hereinafter provided.
B.
No later than January 1, 2019, the legal owner of record for property
used for a residential rental unit, or such owner's authorized representative,
shall make written application to the City for a residential rental
unit license upon such form or forms as the City shall from time to
time designate. Such application shall be submitted together with
a nonrefundable rental license fee, in such amount as approved, from
time to time, by resolution of the Council.
A.
A residential rental unit license shall only be issued or renewed
after the City Inspector has determined that the residential rental
unit, for which such license is sought, is in compliance with the
laws and ordinances of the City and the proper fee for such residential
rental unit license has been paid. In order to make such determination,
the City Inspector, or his authorized designee, shall inspect the
residential rental unit, including all common areas associated with
the residential rental unit. Permission for such an inspection, without
having to obtain any further permission or a judicial warrant, is
a condition for the issuance of any residential rental unit license,
and failure to permit such an inspection shall constitute reason for
the City Inspector to deny or not renew the license for the residential
rental unit which is the subject of such inspection. The City shall
have the right to inspect a residential rental unit upon the City's
receipt of a complaint relating to such residential rental unit and
after notice for such inspection has been given to the owner and the
occupant of the residential rental unit.
B.
If an inspection of a residential rental unit by the City Inspector, or his authorized designee, reveals a violation of any applicable provision of the City Code, including any building code, property maintenance code or minimum livability code in effect within the City limits, the City Inspector, or his authorized designee, shall provide written notification to the owner and to the occupant of the residential rental unit. The notice shall contain a time period within which the violation must be corrected, which said time period shall be a minimum of 30 days, unless, in the discretion of the City Inspector, or his authorized designee, the violation involves an immediate threat to health or safety, whereupon a shorter time frame may be specified by the Inspector or his authorized designee. Unless otherwise set forth in the notice of violation issued by the City Inspector, or his authorized designee, under this § 91-4B, within 30 days following the issuance of the notice of violation, the owner of the residential rental unit shall notify the City Inspector that the violation has been corrected and that the City Inspector may reinspect the residential rental unit to determine compliance.
A residential rental unit license may be revoked or denied by the Inspector m· his authorized designee if the owner of the residential rental unit, after the passage of the notice period set forth in § 91-4B, fails to eliminate all violations set forth in the written notice issued by the Inspector or his authorized designee under § 91-4B. Revocation or denial of a residential rental unit license shall be in addition to, and not in substitution for, such other penalties as may be provided for said violations elsewhere in this Code or by state law. In addition to any other remedy which may be available in the event of a violation of any provision of this article, the City may seek an injunction to prevent the renting, or offering to rent, of a residential rental unit which is not licensed for rental in accordance with this article.
A residential rental unit license issued under this article
shall expire on December 31 of each calendar year. An application
for renewal of a residential rental unit license shall be made on
or before November 1 of each calendar year. All fees owed to the City
in connection with the residential rental unit must be paid to the
City prior to the renewal of the rental license for such residential
rental unit.
A residential rental unit license issued under this article
shall be produced on the demand of a tenant or prospective tenant
of such residential rental unit and shall be made available at reasonable
times for examination by an authorized agent of the City.
The City is hereby authorized to establish, by resolution of
the Council, fees and the amounts thereof for the issuance of a residential
rental license, the renewal of a residential rental unit license,
the inspection of a residential rental unit, and the reinspection
of a residential rental unit. Any unpaid residential rental unit license
fee, renewal fee, inspection fee or reinspection fee shall be subject
to such interest and penalties as established, from time to time,
by resolution of the Council.
[Amended 1-8-2020 by Ord.
No. 692]
The provisions of this chapter shall not apply to a rental dwelling
unit occupied by an immediate family member of the owner of record
of a dwelling unit or the owner of record's spouse, parents, children,
grandparents, grandchildren, sibling, aunt, uncle, or first cousins,
including adopted, half, and step family members; or any government
building other than a residential rental unit owned by the Crisfield
Housing Authority, hospital, nursing home, hospice or other health
care facility, church, synagogue or other religious facility, or day-care
facility.
A.
Except as set forth in § 91-10B, any person in violation of this article shall be guilty of a municipal infraction and shall be subject to a fine of $100 for the first infraction and up to $200 for each subsequent infraction. Each separate violation shall constitute a separate offense.
B.
Beginning January 1, 2019, any person renting a dwelling or dwelling
unit which is not licensed for rental in accordance with this article
shall be guilty of a municipal infraction and shall be subject to
a fine of $500 per day for each day the dwelling or dwelling unit
is rented without a license issued under this article.
[Adopted 3-13-2024 by Ord. No. 721]
As used in this article, the following terms shall have the
meanings indicated:
The individual(s) who have lawfully obtained the exclusive
use and possession of the short-term rental.
A property lessee, as documented in a valid lease agreement
with the owner, who, with the express permission of the owner, makes
their primary residence on the real property upon which the short-term
rental is located, as evidenced by a homestead exemption, voter registration,
vehicle registration, driver's license, or similar documentation.
Any individual or legal entity that holds legal title to
the real property.
An individual owner who makes their primary residence on
the real property upon which the short-term rental is located, as
evidenced by a homestead exemption, voter registration, vehicle registration,
driver's license, or similar documentation.
The rental of a dwelling, or a portion thereof, upon written
agreement by the owner or operator to one or more individuals for
occupancy, dwelling, lodging, or sleeping purposes for a period of
not more than 15 consecutive days in a calendar year. The rental of
units within city approved hotels, motels, and bed and breakfasts
shall not be considered to be a short-term rental and are not subject
to this article.
The permit issued by the city that identifies the property
as a lawful short-term rental, the short-term rental permit number,
the name(s) and contact information of the owner(s), operator(s),
and agent(s), as applicable, and a twenty-four-hour emergency contact
phone for at least one of the aforegoing.
A room within a dwelling designed or used for sleeping, including
a bedroom. Tents, hammocks, recreational vehicles, and/or other vehicles
and outdoor areas shall not be considered a sleeping area.
A short-term rental property in which both the occupant and
the owner or operator reside at the property during the occupant's
rental.
A short-term rental property in which only the occupant and
not the owner or operator reside at the property during the occupant's
stay.
A.
No short-term rental shall operate within the City without a valid
short-term rental permit.
B.
Application. Application for a short-term rental permit shall be
made in writing to the City on a form provided by the City. Application
for a short-term rental permit shall be accompanied by an application
fee of $100 for a Type 1 permit and $200 for a Type 2 permit and shall
include the following information:
(1)
A list of all owners, operators, and agents of the short-term rental,
including names, addresses, telephone numbers, and email addresses
of each.
(2)
A complete description of the premises to be operated as a short-term
rental.
(3)
A narrative describing the location of the available parking.
(4)
The name, address, and twenty-four-hour telephone number of all contact
individuals, whether the owner, operator, or agent, who shall be responsible
and authorized to respond to complaints concerning the use of the
short-term rental.
(5)
An attestation that all owners have met and shall continue to meet
all standards and other requirements of this article, including, but
not limited to, maintenance of insurance coverage of the short-term
rental in accordance with this article and that the short-term rental
has the required and necessary smoke detectors and fire extinguishers
required by law.
(6)
A copy of the standard lease agreement and house rules for the short-term
rental.
(7)
A plan, sketch, or drawing, to scale, of the premises to be operated
as an short-term rental, with the use of each room labeled, including
locations of structures, areas to be rented, expected use of specific
rooms, decks, patios, porches, swimming pools, outdoor entertainment
areas, garages, fences, screening, roads, paved areas, walkways, and
parking spaces.
(8)
Maximum occupancy of the short-term rental based on the number, size,
configuration, and furnishings of the bedrooms and per the applicable
provisions of this code and/or state law or regulation.
(9)
For property subject to a homeowners' association, a copy of the
homeowners' association provision permitting short-term rentals.
(10)
Notarized signature. Signature(s) of the applicant(s) representing
that all contents of the application are true and accurate to the
best of their personal knowledge, information, and belief and acknowledging
that any material misrepresentations or omissions are grounds for
denial, suspension, or revocation of the short-term rental permit.
C.
Completeness of application. Applications shall not be considered
complete until all documentation required under this article has been
submitted and the full application and permit fees have been paid.
Incomplete applications will not be accepted.
D.
Acknowledgement by applicant. In connection with submission of the
application, each applicant and each owner, if other than the applicant,
shall acknowledge that any short-term rental permit granted by the
City does not supersede any property-specific restrictions against
short-term rentals that may exist under law, agreement, lease, covenant,
homeowners' association policies, or deed restriction.
E.
Registration of non-owner or non-operator occupied residential dwelling
unit. No short-term rental permit shall be issued for any non-owner
or non-operator occupied dwelling unit.
F.
Review. Upon receipt of a completed application for a short-term
rental permit and payment of the required fee, the clerk/treasurer,
in consultation with other appropriate City departments, shall determine
if the applicant has complied with all requirements of this article
as well as all other applicable laws and regulations. If the applicant
is in full compliance, the City shall schedule an inspection of the
property.
G.
Inspection. Prior to a short-term rental permit being issued, the property must be inspected pursuant to § 91-4.
H.
Limitations on issuance.
(1)
The City Council reserves the right to limit, by resolution, the
number of short-term rental permits to be issued at any given time
when, in the opinion of the Council, such limitation is in the best
interest of the City.
(2)
A short-term rental permit cannot be issued unless the property is
zoned to permit short-term rentals.
A.
Unless otherwise revoked by the City pursuant to this article, a
short-term rental permit is an annual permit which expires on March
31 of each year regardless of the date of issuance.
B.
A short-term rental permit holder shall apply for renewal no earlier
than 30 days prior to the expiration of the permit on a form provided
by the City. The permit holder shall update the information contained
in the original permit application, or most recent renewal thereof,
as required under this article, as amended from time to time, if any
such information has changed. The permit holder shall sign and have
notarized a statement affirming that there is either no change in
the information contained on the original permit application, or most
recent renewal thereof, as applicable, or that any information that
has been updated is accurate and complete. Applications for renewal
received after the expiration of a current permit shall be treated
as applications for a new permit.
C.
Prior to the renewal of the short-term rental, an inspection pursuant to § 91-12G shall be performed.
D.
The fee for the renewal of a Type 1 short-term rental permit is $100,
and the fee for renewal of a Type 2 short-term rental permit is $200.
A short-term rental permit is not transferable to another owner,
operator, unit, or location.
A.
Type 1 short-term rental regulations. A Type 1 short-term rental
shall provide the occupant with access to an entire dwelling unit,
subject to the following:
(1)
A sleeping area with a bed separate from the owner or operator;
(2)
The shared use of a full bathroom and kitchen;
(3)
The owner or operator shall generally be present on the property
during the occupants' stay; and
(4)
The property shall not have any outstanding City-issued violations
affecting the health, safety, or welfare of any occupants thereof,
including, but not limited to, violations of the City's property
maintenance or building codes.
B.
Type 2 short-term rental regulations. A Type 2 short-term rental
shall provide the occupant with access to an entire dwelling unit,
subject to the following:
(1)
A sleeping area that includes a bed;
(2)
The use of a full bathroom and kitchen;
(3)
The owner or operator does not reside on the premises during the
occupants' stay and has a designated operator or agent, as applicable;
and
(4)
The property shall not have any outstanding City-issued violations
affecting the health, safety, or welfare of any occupants thereof,
including, but not limited to, violations of the City's property
maintenance or building codes.
All short-term rentals permitted pursuant to this article are
subject to the following:
A.
Insurance. The owner shall keep, at a minimum, an insurance policy
sufficient for personal injury liability of guests.
B.
Life safety.
(1)
Short-term rentals and the premises upon which they are located shall
conform to all applicable state and local laws and regulations, including
but not limited to all applicable provisions of this code.
(2)
A standard five-pound extinguisher shall be properly mounted and
accessible on each floor of the short-term rental.
(3)
Smoke and carbon monoxide detectors shall be installed and conform
to all applicable state and local laws and regulations, including
but not limited to all applicable provisions of this code.
(4)
Each bedroom shall have a window or other direct means of exit to
the exterior of the premises in the event of an emergency.
C.
Conduct on premises.
D.
Tenant indoor notification. The operator shall post in a conspicuous
location of the short-term rental the following minimum information:
(1)
Location of parking, and prohibition of parking on landscaped areas.
(2)
Quiet hours and noise restrictions pursuant to this code.
(3)
Twenty-four-hour contact person and phone number.
(4)
Property maintenance requirements.
(5)
Trash pick-up requirements, including location of trash cans and
recycling bins, as applicable.
(6)
City emergency numbers.
(7)
Notice that failure to conform to the occupancy and parking requirements
is a violation of this article and/or other provisions of this code,
for which the occupant may be subject to penalties as set forth herein.
To ensure continued compliance with the requirements of this
article, a short-term rental may be inspected whenever a complaint
is filed with the City in accordance with the City's established
code enforcement policies and procedures.
A.
The operation of a short-term rental in the City without a valid
short-term rental permit shall be a violation of this article.
B.
The failure to operate a short-term rental in the City in accordance
with the terms and conditions of a valid short-term rental permit
shall be a violation of this article and shall be grounds for suspension
or revocation of an short-term rental permit.
C.
Emergency contact. The owner or operator of the short-term rental shall provide the City with a twenty-four-hour contact number for the operator or a designated agent, pursuant to § 91-12B(4) of this article, and shall provide timely updates to the City of any changes thereto. Should a law enforcement officer or code enforcement officer respond to the short-term rental and issue a warning for any violation of applicable law, including this code, the owner, operator or their agent shall be called by the officer. The owner, operator, or their agent shall attempt to contact the occupants within one hour of the call to address the complaints. Should an additional warning be filed during the occupants' stay, or an occupant is charged with any violation of applicable law, including this code, the owner or operator must take appropriate steps, in accordance with the lease agreement and/or house rules, to ensure future complaints do not occur. A short-term rental permit shall be revoked if three or more convictions of any violation of applicable law arise at the short-term rental anytime within a twelve-month period. Further, the owner or operator may not apply for a short-term rental permit at the same property for 12 months from the revocation. Failure to provide updated information to the City regarding the designated agent shall be a violation of this section.
D.
In addition to the suspension or revocation of a short-term rental
permit, any violation of the provisions of this article, including
the failure to operate an short-term rental in accordance with the
terms and conditions of a valid current short-term rental permit,
shall be punishable as a municipal infraction and subject to a fine
of $200 for an initial violation and $500 for a repeat violation within
12 months of adjudication of the initial violation or repeat violation.
Each day that a violation continues shall be deemed a separate offense
and subject to a separate fine without the need for additional notices
or citations and may be joined in a single prosecution.
E.
The provisions of this section are in addition to and not in lieu
of any criminal or civil penalties as provided by applicable state
and local laws and regulations.
F.
All application fees and fines received in the furtherance of this
article shall go into the general fund.
In addition to the City's authority to suspend or revoke
a short-term rental permit set forth elsewhere in this article, the City
is authorized to suspend or revoke a short-term rental permit whenever
such permit is issued in error or on the basis of incorrect information
supplied or where it is determined that the subject premises, building,
structure, unit, or portion thereof is in violation of the provisions
of this article or any other applicable state or local law or regulation,
including this code. The procedures to suspend or revoke a short-term
rental permit are as follows:
A.
The City shall give written notice to the owner and operator, if
any, via email regarding the basis for the suspension.
B.
The owner and operator, if any, shall have three business days, including
the date the notice is sent, to abate the violation and have the City
inspect and approve the abatement as satisfactory. If the abatement
does not occur with three business days, the suspension shall become
effective.
C.
The owner and operator, if any, shall have 30 days from the date
of suspension to abate the violation and have the City inspect and
approve the abatement action. If abatement does not occur within 30
days, the short-term rental permit shall be revoked.
D.
If a short-term rental permit is revoked, the subject property shall
not be issued another short-term rental permit for a period of six
months from the date of revocation.
If the City denies issuance or renewal of a short-term rental
permit or suspends or revokes a short-term rental permit issued under
this article, the City's decision is final and not subject to
further appeal unless the owner files a written appeal within 20 days
to the Board of Appeals. The Board of Appeals shall consider the appeal
at the next meeting. Pending the decision of the Board of Appeals,
the suspension, revocation or denial of a permit or its renewal is
not stayed.
This article does not create any right to operate a short-term
rental in violation of any lease, license, deed restriction, covenant,
easement, or other legal encumbrance, to include homeowners'
association rules.
