[1]
Editor's note–Former article XI pertaining to short-term rental registration, was amended by Ordinance 2025-11095 adopted 4/10/2025. Prior to the replacement this article derived from the following: Ordinance 2022-10550, § 2, adopted 2/24/2022; Ordinance 2023-10801, § 2, adopted 9/14/2023.
Agent
means a person who is at least 21 years of age and is authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of a short-term rental.
Certificate of registration
means a permit issued by the director to the owner of a short-term rental under this article.
Department
means the code enforcement department.
Event center/rental hall
means the use of property as defined in section 9.3 of the Unified Development Code of the City of Irving.
Guest
means a person who is temporarily occupying, living, or sleeping in a short-term rental.
Owner
means a person who owns the real property where a short-term rental is located.
Registrant
means a person who applies for and/or possesses a certificate of registration for a short-term rental under this article and is either the owner, a tenant, or an operator of the short-term rental that would be legally responsible for the short-term rental.
Short-term rental
means any residential structure, or portion thereof, used for lodging accommodations to guests for a period of less than 30 consecutive days.
(Ordinance 2025-11095 adopted 4/10/2025)
A person commits an offense if he owns or operates a short-term rental within the city without a valid certificate of registration under this article.
(1) 
Application.
a. 
A registrant of a short-term rental shall submit to the city an application on a form supplied by the department. The following information must be supplied on the application:
1. 
The physical/street address of the short-term rental;
2. 
The name, physical/street address, mailing address, facsimile number, e-mail address, telephone number, date of birth, driver's license number, of the owner, registrant, and any authorized agents/representatives of the owner or registrant;
3. 
If either the owner or registrant is not an individual, the name, physical/street address, mailing address, facsimile number, e-mail address, and telephone number of the corporate representative with authority to act on behalf of the owner and a copy of the documents filed with the Texas Secretary of State establishing the business entity and showing the entity is in good standing with the state;
4. 
The name and website link to all internet platforms that host advertisements or take reservations for lodging at the short-terms rental at any time during a 12-month period from the date of application;
5. 
The account number issued by the city for the payment of hotel occupancy taxes in connection with the operation of the short-term rental;
6. 
The number of bedrooms in the short-term rental and the number of off-street parking spaces available on the property where the short-term rental is located;
7. 
Acknowledgement that the short-term rental will not be operated out of an accessory building or space that is not intended for habitation;
8. 
If the registrant is not the owner, an acknowledgment from the owner that they are permitting the registrant to operate a short-term rental on the property.
b. 
The registrant shall sign the application for a certificate of registration.
c. 
The registrant must notify the department in writing of any material change in the information contained in the application for a certificate of registration within seven days of the change, including a change of ownership; management; and advertisements hosted on internet platforms.
(2) 
Issuance.
The director shall issue a certificate of registration to the registrant if the director determines that:
a. 
All fees required under this article and taxes, including hotel occupancy taxes required under chapter 16A of the Code of Civil and Criminal Ordinances of the city, have been paid to the city;
b. 
The registrant has submitted a complete application and has complied with all requirements for issuance of a certificate of registration;
c. 
The registrant has not made a false statement as to a material matter in the application for the certificate of registration; and
d. 
The registrant has not had a certificate of registration revoked for the same short-term rental within the preceding 12 months.
(3) 
Denial.
If the director determines that the requirements of subsection (2) of this section have not been met, the director may deny the certificate of registration. The director shall deliver written notice to the registrant that the certificate of registration has been denied and the basis for the denial.
(4) 
Transfer prohibited.
A certificate of registration is not transferable to a different owner of the short-term rental or to a different short-term rental located on another premises.
(5) 
Expiration and renewal.
a. 
A certificate of registration expires upon the earlier of the following occurrences:
1. 
One year after the date of issuance; or
2. 
When the ownership of the short-term rental changes.
b. 
An owner shall file an application to renew a certificate of registration by making application in accordance with this section 8-81 and paying all fees established in the consolidated fee schedule by resolution. A registrant shall apply for renewal of the certificate of registration at least 30 days but no more than 60 days prior to its expiration.
(6) 
Revocation and reinstatement.
a. 
The director may revoke a certificate of registration if:
1. 
The registrant fails to comply with any provision of the city ordinances or any state or federal law applicable to the operation of the short-term rental or the property on which it is located;
2. 
The registrant intentionally makes a false statement regarding a material matter in the application for the certificate of registration or in a hearing concerning the certificate of registration;
3. 
The registrant fails to notify the director in writing of any material change in the information contained in the application as required in subsection (1)c;
4. 
The registrant fails to pay a fee required by this article at the time the payment was due; or
5. 
The registrant fails to pay any hotel occupancy tax required under chapter 16A of the Code of Civil and Criminal Ordinances of the city.
b. 
Prior to revoking the certificate of registration, the director shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the registrant has 10 days after delivery to comply with the notice to prevent revocation.
c. 
Upon revocation of the certificate of registration, the director shall send written notice of revocation, the basis of the revocation, and a statement informing the registrant of the right to appeal a revocation.
d. 
Once during a registration period, the director may reinstate a revoked certificate of registration of a short-term rental if the basis of the revocation is remedied within 30 days of revocation.
e. 
Unless reinstated as set forth in subsection d above or overturned on appeal pursuant to subsection (7), a revoked registration that becomes final may not be reinstated or a subsequent STR registration issued to the registrant for the same property for which the STR registration was revoked for a period of 12 months from the date of revocation.
(7) 
Appeal.
a. 
If the director denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the construction board of appeals within seven calendar days of delivery of the notice of revocation.
b. 
If a written request for an appeal hearing is filed with the director within the seven-day period, the construction board of appeals shall hear the appeal within 30 days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant.
c. 
Failure to file an appeal in accordance with this section is a waiver of appeal and the director's decision shall be final.
d. 
The revocation of a certificate of registration is stayed pending appeal.
e. 
At the appeal hearing, the construction board of appeals may only affirm or reverse a denial or revocation if the appellant proves that the director erred in denying or revoking the certificate of registration as of the date of the revocation or denial. The board may not consider the appellant's subsequent remedial measures or payments in determining whether to affirm or reverse the director's decision. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted.
(8) 
Presentation of certificate of registration.
A certificate of registration must be presented upon request to the department's employees.
(Ordinance 2025-11095 adopted 4/10/2025)
(a) 
For issuance or renewal of a certificate of registration, registrants shall pay a fee as established by a resolution of the city council.
(b) 
The fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the director.
(c) 
The fee for issuing a replacement or duplicate certificate of registration is established by a resolution of the city council.
(Ordinance 2025-11095 adopted 4/10/2025)
(a) 
The owner shall designate an agent who will be able to arrive at the premises on which a short-term rental is located within one hour of being contacted by a city employee regarding an emergency at the short-term rental or premises. An emergency includes a fire, serious police incident, natural disaster, or other condition that requires an immediate response to prevent adverse health impacts and risk substantial danger of injury to persons or property.
(b) 
The agent shall be at least 21 years of age; authorized by the owner to make decisions regarding the day-to-day supervision, management and maintenance of the short-term rental; and be capable of being contacted 24 hours a day and seven days a week.
(Ordinance 2025-11095 adopted 4/10/2025)
(a) 
The owner of a short-term rental shall post and maintain in a conspicuous location within the interior of a short-term rental the following:
(1) 
The owner's and designated agent's name and 24 hour contact telephone number;
(2) 
Pertinent information on forms provided by the director that shall include but not be limited to:
a. 
City ordinances and regulations for parking, trash collection and noise;
b. 
Police and fire department emergency and non-emergency telephone numbers; and
(3) 
A floor plan of evacuation routes and exits within the short-term rental.
(Ordinance 2025-11095 adopted 4/10/2025)
It shall be unlawful for the owner of premises operating as a short-term rental to operate without host protection or other liability insurance commensurate with the operations of the short-term rental that provides coverage of up to $1 million per occurrence. A certificate of insurance must be on file with the department. Proof of insurance shall be required at the time of application and notice of cancelation of insurance must be made to the department within 30 days.
(Ordinance 2025-11095 adopted 4/10/2025)
(a) 
It shall be unlawful to advertise a short-term rental listing or offer lodging in a short-term rental without first obtaining a certificate of registration.
(b) 
It shall be unlawful to advertise accommodations or use of a short-term rental that exceeds the maximum occupancy standards in section 8-31.
(c) 
It shall be unlawful for an owner to rent or lease a short-term rental for a period of less than 24 hours.
(d) 
No short-term rental use may be offered to a guest unless the primary guest renting the short-term rental is 18 years of age or older. Guests 17 years of age or younger may not be left unsupervised at a short-term rental.
(Ordinance 2025-11095 adopted 4/10/2025)
It shall be unlawful for an owner or occupant of a short-term rental to advertise, promote, or operate the short-term rental in a manner that would constitute a zoning violation, including but not limited to as an event center/rental hall or other assembly or commercial use not permitted at residential properties pursuant to the unified development code.
(Ordinance 2025-11095 adopted 4/10/2025)
A notice given by the city pursuant to this article is deemed to have been delivered by the city on the date that it is delivered in person, posted on or near the front door of the structure if personal delivery cannot be obtained, or delivered by certified mail to the registrant at the address provided by the registrant in the application for the certificate of registration. If the notice is returned as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(Ordinance 2025-11095 adopted 4/10/2025)
The director shall implement and enforce this article and may establish in writing such policies, regulations, or procedures, not inconsistent with this article as the director determines are necessary to discharge any duty under or to affect the policy of this article.
(Ordinance 2025-11095 adopted 4/10/2025)
(a) 
A person who violates a provision of this article or fails to perform an act required of the person by this article commits an offense. A person commits a separate offense each day or portion of a day during which the violation is committed, permitted, or continued.
(b) 
A person who violates a provision of this code, or who fails to comply with a requirement of this code, may be subject to:
(1) 
A notice of violation for a first violation.
(2) 
A misdemeanor citation for a second violation of the same code provision within a 12 month period.
(3) 
A misdemeanor violation and possible revocation of STR registration for each additional violation of the same code provision within a 12 month period.
(c) 
Notwithstanding the enforcement process outlined above, in circumstances that imminently threaten public health or safety, the director reserves the right to immediately revoke an STR registration in accordance with the process detailed in section 8-81(6).
(d) 
An offense under this article is a strict liability offense and the culpable mental state required by the Texas Penal Code is hereby specifically negated and clearly dispensed with for the commission of an offense under this article.
(e) 
The criminal remedies in this section are in addition to and cumulative of the remedies available to the city for enforcement of the provisions of this article. Nothing in this section shall limit any and all other civil or administrative remedies available to the city in seeking to enforce the provisions of this article, including but not limited to a petition for injunctive relief to require compliance with this article.