This chapter shall be known as "Overnight Lodging Establishments."
(Ord. 1855 § 2 (Exh. B), 2018)
This chapter shall provide for the licensing and inspection of all overnight lodging establishments, and the enforcement of violations of this chapter.
(Ord. 1855 § 2 (Exh. B), 2018)
The ordinance codified in this chapter is adopted by the Burlington city council which authorizes the city to perform all or part of the licensing, inspection and enforcement duties.
(Ord. 1855 § 2 (Exh. B), 2018)
For the purposes of interpreting this chapter the following definitions shall be used unless the context clearly indicates otherwise. If a word or term is not defined in this section, but is defined in BMC Title 17, the definition in BMC Title 17 shall be used. Words used in the singular include the plural, and words used in the plural include the singular. The words "shall" and "must" are always mandatory and the words "may" and "should" denote the use of discretion in making a decision.
"Bed and breakfast"
means a single-family dwelling, as defined in BMC Title 17, where up to two rooms or lodging units are let as temporary accommodations for travelers or guests by the owner or occupant of the single-family dwelling. Bed and breakfast establishments may provide limited food service to guests.
"Boarding house" or "rooming house"
means a dwelling unit, other than a hotel, where meals and/or lodging are provided for compensation. This term does not include buildings meeting the definition of a hotel, bed and breakfast, single-family home, or multifamily dwelling. Boarding houses are differentiated from overnight lodging establishments by providing accommodations for periods of 30 days or more.
"Building code"
means the codes identified in, or adopted by, chapter 15.04 BMC.
"Building official"
means the building official for the city of Burlington designated pursuant to the provisions of BMC § 2.34.030.
"City"
means the city of Burlington, Washington.
"Clean"
means without visible or tangible soil or residue including absence of dirt, grease, rubbish, garbage, rodents, pests, and other offensive, unsightly or extraneous matter.
"County"
means the county of Skagit.
"Department"
means the planning and community development department of the city of Burlington.
"Director" or "community development director"
means the city administrator or designee.
"Fire code"
means the codes identified in, or adopted by, chapter 15.08 BMC and WAC 246-360-220.
"Good repair"
means free of corrosion, breaks, cracks, chips, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition.
"Guest"
means any individual occupying or registered to occupy an overnight lodging unit.
"Hearing examiner"
means the hearing examiner for the city of Burlington as defined in BMC Title 14A, or if no hearing examiner is under contract with the city, the term "hearing examiner" shall mean the board of adjustment.
"Licensee"
means an overnight lodging establishment operator to whom the city issues an overnight lodging license.
"Local health jurisdiction" or "health department"
means the Skagit County public health department.
"Lodging unit"
means one self-contained unit designated by number, letter or some other method of identification.
"Operator"
means any person who operates an overnight lodging establishment either as owner, lessee, manager, agent or in any other capacity.
"Overnight lodging establishment"
means transient accommodations, bed and breakfasts, and vacation rentals.
"Overnight lodging license"
means a license issued by the city authorizing the use or operation of an overnight lodging establishment.
"Person"
means individual, firm, partnership, corporation, limited liability corporation, company, association or joint stock association, and the legal successor thereof.
"State"
means the state of Washington.
"State Department of Health"
means the Washington State Department of Health.
"Transient accommodation"
means any facility such as a hotel, motel, condominium, resort, or any other facility or place offering three or more lodging units to guests for periods of less than 30 days and may include food service operations in accordance with chapter 246-215 WAC. Only transient accommodations with a valid city license and State Department of Health approval are an authorized use.
"Vacation rental"
means a dwelling unit, or a portion of a dwelling unit, used to provide lodging for guests for periods of less than 30 days.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
It is unlawful to operate an overnight lodging establishment without a current and valid overnight lodging license.
B. 
All licenses issued pursuant to this chapter are nontransferable and valid for a period of one year unless suspended or revoked.
C. 
Applications for license renewal shall be submitted to the city at least 30 days prior to the expiration of the overnight lodging license. All applications for renewal shall be submitted on forms provided by the director and shall include the applicable fee identified in the fee schedule adopted by the city council.
(Ord. 1855 § 2 (Exh. B), 2018)
Applications for overnight lodging licenses shall be submitted on forms provided by the director. Applications shall include any information identified on the form and all of the following:
A. 
The name and address of the overnight lodging operator.
B. 
A floor plan depicting the general layout of the overnight lodging establishment. The floor plan shall clearly illustrate the location of all entrances and exits and the location and identifying number, letter, or name, of each lodging unit.
C. 
A copy of the certificate of occupancy for the building housing the overnight lodging establishment. If no certificate of occupancy is available, the building official shall verify the building housing the overnight lodging establishment was constructed or established in compliance with any applicable building code requirements in effect at the time of its establishment.
D. 
A copy of a current, valid transient accommodation license issued by the Washington State Department of Health pursuant to chapter 246-360 WAC, unless the overnight lodging establishment is specifically exempt from state licensing requirements.
E. 
The applicable fee identified in the fee schedule adopted by the city council.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
No overnight lodging license shall be issued or renewed unless all of the following criteria are met:
1. 
The overnight lodging establishment shall fully comply with the requirements of this chapter;
2. 
The overnight lodging establishment is in compliance with the building and property maintenance code requirements identified, or referenced, in chapter 15.04 BMC;
3. 
The overnight lodging establishment shall be in compliance with the fire code requirements identified, or referenced, in chapter 15.08 BMC and WAC 246-360-220;
4. 
The overnight lodging establishment shall be in compliance with the applicable standards, requirements, and regulations identified, or referenced, in BMC Title 17;
5. 
The overnight lodging establishment shall be in compliance with the applicable requirements identified in chapter 246-360 WAC;
6. 
The overnight lodging establishment shall have a current, valid license issued by the State Department of Health pursuant to the provisions of chapter 246-360 WAC, unless the overnight lodging establishment is explicitly exempt from such requirements.
7. 
The overnight lodging establishment shall be in compliance with chapters 8.04 and 8.06 BMC.
B. 
Prior to issuing or renewing a license for an overnight lodging establishment the director shall conduct an inspection of the establishment to ensure compliance with requirements of this chapter. This may include an examination of the guest registry to show compliance with this chapter.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
Applications for overnight lodging licenses, and the renewal of existing overnight lodging licenses, shall be reviewed using a Type I process in accordance with the provisions of BMC Title 14A.
B. 
All decisions regarding the issuance or renewal of overnight lodging licenses shall be made in writing and shall be final and conclusive unless appealed.
C. 
When issuing or renewing an overnight lodging license the director shall provide the operator with a signed certificate including the following information:
1. 
The name and address of the overnight lodging establishment;
2. 
The name and address of the overnight lodging operator;
3. 
A statement indicating the establishment bas been reviewed and inspected for compliance with Burlington Municipal Code requirements;
4. 
The approval date of overnight lodging license;
5. 
The expiration date of the overnight lodging license.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
A current, valid overnight lodging license shall be displayed on the office or lobby wall inside the overnight lodging establishment so that it is clearly visible to any person or guest. If the overnight lodging establishment does not have an office or lobby, the license shall be displayed in an alternative location that is open, accessible, and visible to all guests.
B. 
All lodging units shall be equipped, arranged, and maintained as follows:
1. 
An occupancy level for each lodging unit shall be established based on the number of beds and their intended maximum usage and the maximum occupancy level shall not be exceeded.
2. 
Floors, ceilings, doors, walls, carpet, windows, electrical switches and fixtures, and locking mechanisms shall be in working condition, free from defects, clean, and in good repair.
3. 
Wall and ceiling mounted lighting fixtures shall be firmly secured, functional, and in good repair.
4. 
All wiring, lighting, appliances, and electrical fixtures shall be free from defects, functional, and in compliance with all applicable laws, regulations, and permitting requirements.
5. 
Each lodging unit shall be provided with heating and ventilation and all heating and ventilation equipment shall be functional, free from defects, and in good repair.
6. 
A functioning phone shall be provided in each lodging unit and shall be capable of allowing immediate communication with emergency services.
7. 
All lodging units shall be free from rodent or insect infestation.
8. 
All lodging units shall be free from chemical or biological hazards.
9. 
All lodging units shall be free from mold or mildew.
C. 
Overnight lodging operators shall maintain a record of all guests. The record shall be consistent with the following requirements:
1. 
A record of the arrival and departure of guests shall be maintained for at least one year from the date of departure. The record shall include the name, address, driver's license or government issued ID type and number, and phone number of each guest, and shall indicate the lodging unit used by the guest. In the case of corporate, tour, or other group bookings, the name, address and phone number of the person responsible for the booking, and a rooming list of occupants and their assigned room numbers shall be included in the guest record.
2. 
The names and addresses of all guests shall be verified by requiring each guest to present a driver's license, passport, or other government-issued identification.
3. 
The overnight lodging operator shall permit law enforcement personnel to inspect the guest record where there is reasonable suspicion of criminal conduct, or as otherwise allowed by law.
D. 
No operator shall knowingly permit an overnight lodging establishment to be used for illegal purposes.
E. 
No operator shall knowingly provide a lodging unit to a person known to be in violation of a court order if said order is caused to be violated by his/her presence or activity at the overnight lodging establishment.
F. 
No operator shall permit a lodging unit to be occupied for a period longer than 30 days per BMC Title 17 and chapter 246-360 WAC. Consecutive 30-day periods are not permitted in one establishment.
G. 
Water, sewer, electrical power, and garbage service shall be provided to the overnight lodging establishment at all times and maintained in compliance with all applicable laws, regulations, and service provider policies. Failure to continuously maintain such services and utility connections shall constitute a violation of this chapter.
H. 
Utility accounts shall be in good standing.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
The following general requirements shall apply to all overnight lodging establishments, operators, overnight lodging licenses, and applications for overnight lodging licenses:
1. 
No person shall make any material false statement in the application or omit material information required on the application.
2. 
No license shall enable any person to engage in any dishonest, illegal act, practice or enterprise.
3. 
Overnight lodging establishments shall be established and maintained in compliance with all applicable zoning, building, fire, health, and sanitation laws and regulations.
4. 
Operators shall permit the director, building official, or fire marshal to conduct an inspection of the overnight lodging establishment at any time for the purpose of ensuring compliance with the requirements of this chapter, as well as fire, building, safety, health, and sanitation laws and regulations; provided, that prior to conducting an inspection reasonable notice shall be provided to the operator.
5. 
The director shall inspect all overnight lodging establishments prior to issuing or renewing an overnight license.
B. 
Failure to comply with the general requirements identified in this section shall be grounds for denial, suspension, or revocation of an overnight lodging license.
C. 
Prior to issuing or renewing a business license for an overnight lodging establishment the city may require the applicant to demonstrate compliance with this chapter and obtain an overnight lodging license. All overnight lodging establishments shall comply with this chapter and shall require an overnight lodging license.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
Grounds for Suspension or Revocation. The director may suspend or revoke an overnight lodging license for any violation of this chapter. The director should generally adhere to the following progressive enforcement steps, but may, at their discretion, suspend or revoke an overnight lodging license based the severity of the violation, the risk to public health and safety, or a record of previous violations by the operator:
1. 
Correction Notices. The director may issue correction notices in instances where minor violations of this chapter exist which do not constitute immediate threats to public health or safety. Correction notices shall be in writing, shall identify the issue requiring corrective action, and shall be provided to the operator in person or mailed to the address indicated on the operator's license application. Correction notices shall also specify a date by which the violation shall be remedied or corrected.
2. 
Suspension. The director may suspend an overnight lodging license where immediate threats to public health or safety exist, or in instances where the operator has failed to address previous correction notices. Suspensions shall remain in effect until the violations which caused the suspension have been corrected. The director may also issue conditional suspensions which identify specific lodging units, or areas of the overnight lodging establishment, which shall not be available to guests during the period of suspension.
3. 
Revocation. The director may revoke an overnight lodging license when numerous immediate threats to public health or safety exist, or where the operator has failed to address previous correction notices or suspensions.
B. 
Notice of Suspension or Revocation. Prior to suspending or revoking an overnight lodging license the director shall provide the operator with a written notice. The notice shall be provided to the operator in person or mailed to the address indicated on the operator's license application, and shall include the following:
1. 
The specific violations or reasons for the suspension or revocation;
2. 
The date upon which the license will be suspended or revoked;
3. 
If the notice concerns a license suspension, a statement identifying the time period of the suspension;
4. 
If the notice concerns a conditional suspension, a statement identifying the specific lodging units, or areas of the overnight lodging establishment, which shall not be available to guests;
5. 
A statement indicating that if the license is suspended or revoked, continued operation of the business is a criminal offense (WAC 246-360-035/RCW 70.62.280); and
6. 
A statement indicating that future license applications, or renewal requests, may be denied if the operator's license has been suspended more than once in a given year, or revoked within the preceding five years.
C. 
It shall be unlawful to display a license which has been suspended or revoked. When a conditional suspension has been issued, the director shall provide the operator with a revised license indicating the conditions to which the license is subject and the operator shall display the revised license during the period of suspension.
D. 
When an overnight lodging license has been suspended or revoked, the director shall post notices on or near the entrances to the overnight lodging establishment stating that the establishment's license has been suspended or revoked and indicating that lodging units may not be occupied or provided to guests.
E. 
In addition to the reasons outlined in chapter 5.04 BMC, a business license for overnight lodging establishment may be revoked under chapter 5.04 BMC if gambling or lewd, boisterous, or disorderly conduct is permitted in or about any such overnight lodging establishment.
F. 
Repeated Violations. If an overnight lodging establishment's license has been suspended more than once in the preceding year, or has been revoked in the preceding five years, the director may deny subsequent applications for licenses or license renewals.
G. 
All decisions regarding the suspension or revocation of overnight lodging licenses shall be made in writing and shall be final and conclusive unless appealed in accordance with the provisions of BMC § 15.14.130 and BMC Title 14A.
(Ord. 1855 § 2 (Exh. B), 2018)
A. 
Decisions regarding applications for overnight lodging licenses, or overnight lodging license renewals, may be appealed using the appeal procedures applicable to Type I decisions identified in BMC Title 14A.
B. 
Decisions regarding the suspension or revocation of an overnight lodging license may be appealed using the appeal procedures applicable to Type I decisions identified in BMC Title 14A.
(Ord. 1855 § 2 (Exh. B), 2018)
Within six months of the effective date of the ordinance codified in this chapter the operators of existing overnight lodging establishment shall apply for an overnight lodging license and shall be required to obtain a license with one year of the effective date of the ordinance codified in this chapter.
(Ord. 1855 § 2 (Exh. B), 2018)
Whenever a license as provided for in this chapter is issued to a firm or corporation, any member of such firm or any managing officer, agent, or employee of such firm or corporation shall, upon conviction of a violation of the provisions of this title, be liable in the same manner and subject to the same penalties as the principal.
(Ord. 1855 § 2 (Exh. B), 2018)
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, clause or phrase of this chapter.
(Ord. 1855 § 2 (Exh. B), 2018)
The ordinance codified in this chapter shall be in full force and effect five days after its passage, approval and publication as provided by law.
(Ord. 1855 § 2 (Exh. B), 2018)