[Added 9-9-2025 by Ord. No. 1326]
It shall be unlawful for a Short-Term Rental as defined in Article 23-2, Section 2.2, to engage in business within the City without first obtaining a license therefor in compliance with the provisions of this article. Short-Term Rental of a property is prohibited in dwelling units designated as affordable or otherwise income-restricted, which are subject to an affordability restriction or are otherwise subject to housing or rental assistance under local, state, or federal programs or law. The Licensing Authority for this section shall be the Pittsfield Licensing Board.
A. 
All operators of short-term rental properties shall apply for an annual license from the Pittsfield Licensing Board.
B. 
An owner may register to operate only one dwelling unit as a short-term rental within the City of Pittsfield. No person shall have more than one legal or equitable title or beneficial interest in any dwelling unit used for a short-term rental. An owner may hire a property management company to list and manage short-term rentals, but the registration must be in the owner's name.
C. 
As an initial requirement, in order to apply for a Short-Term Rental License, Site Plan Approval must be obtained from the Community Development Board as is stated in Article 23-7, Section 7.856 of the Pittsfield Zoning Ordinance and be submitted to the Licensing Board with the applicant's initial Short-Term Rental License application. The applicant must then receive approval from the Health Department, the Fire Department, and the Building Commissioner to confirm that the subject property complies with all applicable Board of Health regulations, Fire Department safety standards and the current state Building Code. Upon submission of a completed application and receipt of a hearing date, the applicant shall submit to the Licensing Board proof of notification of abutters within 300 feet of the subject property of the public hearing on the application before the Licensing Board.
D. 
Thereafter and on an annual basis, the applicant shall submit the following:
(1) 
An attestation that the property complies with applicable Board of Health regulations, Fire Department safety standards, and the current state Building Code.
(2) 
An attestation that the property conforms with all applicable standards for Short-Term Rentals as outlined in the Pittsfield Zoning Ordinance.
(3) 
Proof that a certificate of inspection is on file for the property.
(4) 
The name and contact information of the operator of the short-term rental property as well the name and contact information of a local agent who lives in Pittsfield and can make decisions on the behalf of the property if the operator is not present.
(5) 
Proof of Registration with the Pittsfield City Clerk and the Massachusetts Department of Revenue (DOR).
(6) 
Proof that a $150 filing fee has been paid to the Licensing Board. The cost of annual renewal shall be $10.
A. 
If the requirements of Sec. 11.54 are met, the Licensing Board shall issue a Short-Term Rental license unless the Licensing Board finds by clear and convincing evidence that a Short-Term Rental License should not be issued to the applicant.
B. 
Said license is non-transferable, any change in ownership of a property shall require a new license.
C. 
The Licensing Board shall promulgate as necessary, any reasonable rules and regulations as they see fit to enforce the provisions of this section.
D. 
The Licensing Board shall create an application procedure and application materials as necessary in order to issue and review Short-Term Rental Licenses.
A. 
Any person who violates any provision of this chapter may be penalized by criminal complaint or by noncriminal disposition as provided in Chapter 4 1/2 of this Code. Any such violation shall be deemed punishable by a fine in the amount of $300 for each offense. Each day in which a violation exists may be deemed to constitute a separate offense. The provisions of this article shall be enforced by the Building Commissioner, the Director of Public Health, the Fire Department and the Police Department or any designees of these entities.
B. 
Any license issued pursuant to this article, or any application therefor, may be denied, revoked, or suspended by the licensing board after notice for any of the following reasons:
(1) 
Any fraud, misrepresentation, or false statement contained in the application for said license;
(2) 
Any fraud, misrepresentation, or false statement made in connection with the operation of the Short-Term Rental property;
(3) 
Any violation of this article;
(4) 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
(5) 
Conducting the business licensed under this article in an unlawful manner or in such manner as to constitute a breach of the peace or menace to the health, safety, or general welfare of the public.
C. 
Following the revocation of a license, a Short-Term Rental Operator may not own or have an interest in a Short-Term Rental Property for a period of two years. This period may be reduced if the Operator can demonstrate to the Licensing Board evidence that the issue or issues that resulted in the revocation of the license have been remedied or effectively mitigated.
A. 
Private complaint. Upon receipt of a written complaint from a private party that a property is operating as an unlicensed Short-Term Rental, the Zoning Enforcement Officer or his designee, at their discretion, may send a cease-and- desist letter to the owner of record of the subject property if the subject property is not licensed pursuant to this section. Any subsequent complaints shall be subject to the penalties set forth in Sec. 11.56A upon sufficient evidence that the subject property is being used as an unlicensed Short-Term Rental.
B. 
Initial complaint. Complaints to revoke or suspend a license will originate within the organizations of the enforcement entities detailed in this section. Enforcement shall be at the discretion of the enforcement agent or will be referred by the enforcement agent to the Licensing Board, for a public hearing to determine if a violation has occurred.
C. 
Public hearing. Upon receipt of a referral of a complaint, the Licensing Board shall act as the municipal hearing officer pursuant to MGL c. 40U and schedule a public hearing no less than 30 days from the date of receiving the referral. After hearing, the Licensing Board shall decide if the licensee is in violation of any requirements included in this section and impose appropriate penalties, including but not limited to fines, suspension or revocation of the Short-Term Rental License. The Licensing Board shall have 90 days from the date of the hearing to issue a decision unless written consent of the applicant is given to extend time for the Licensing Board to render its decision.
D. 
Notice of decision. Following the issuance of a decision, the Licensing Board will draft a Decision Notice summarizing their decision and the result of the public hearing. The Licensing Board will have 14 days to draft this notice which shall take effect upon filing with the City Clerk.
E. 
Judicial appeals. Any person aggrieved by a final decision of the Licensing Board with respect to a notice of violation or any other order issued under this section may seek relief pursuant to MGL c. 40U, § 15.
A. 
Inspection. Short-Term Rentals may be subject to inspection by the Board of Health, Fire Department and the Building Commissioner. Short-Term Rental Owners are required to provide access for the purpose of conducting safety inspections when required. Failure to provide access to an inspector upon request and after proper notice will invalidate the license to operate a Short-Term Rental until an inspection by the appropriate authority has been conducted, and all violations have been addressed to the satisfaction of the Department and Licensing Board. Failure to comply with orders to correct deficiencies may result in penalties as set out in Sec. 11.56.
B. 
Evidence. In enforcing the provisions of this Section, Enforcement entities may use a combination of several types of evidence of the Operation of a Short-Term Rental including, but not limited to: advertisement of the property on a website listing Short-Term Rentals, noise complaints, video and photographic evidence showing operation of a Short-Term Rental, police reports and multiple written complaints from legal abutters.
C. 
Enforcement. Enforcement shall be conducted via the normal enforcement mechanism of the enforcement agent, with the additional option of referral to the Licensing Board for a Public Hearing to determine if action should be taken against the Short-Term Rental License.