[Adopted 3-1-2004 by Ord. No. 853]
It is declared to be the policy and intent of the City of Havre de Grace that all dwellings, rooms, and other residential structures, units, and premises let or rented for human habitation shall be regulated in accordance with this chapter for the purpose of ensuring the protection of the public health, safety and general welfare of all City residents by establishing registration, inspection, and enforcement provisions for existing property maintenance code in connection with rental housing units; fixing the responsibilities of property owners, operators, and tenants of rental housing structures and premises; and providing for administration and penalties.
Unless otherwise expressly defined herein, all terms defined in or incorporated into Chapter
31, Building Construction, shall have the meanings indicated for purposes of this chapter. When terms are not specifically defined, they shall have their ordinarily accepted meanings such as the context may imply.
BEDROOM A room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the building code) and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered "bedrooms." Space used or intended for general and informal everyday use such as a living room, den, and sitting room or similar is not considered to be a "bedroom."
[Added 3-20-2023 by Ord. No. 1098]
BOOKING TRANSACTION A reservation transaction between a host and a prospective transient guest for a short-term
rental.
[Added 3-20-2023 by Ord. No. 1098]
CODE The Havre de Grace Property Maintenance Code now or hereafter adopted by the City.
CODE OFFICIAL The official or any duly authorized agent or designee of the City who is authorized to enforce this chapter.
HABITABLE AREA The space in a housing unit, structure, or premises used for living, sleeping, eating, or cooking, including bathrooms and toilet compartments. Closets, halls, storage or utility space, and similar areas are not considered habitable areas.
HOST The owner of a dwelling or accessory dwelling unit who provides or offers to provide all or part of the dwelling unit for short-term residential
rental use in exchange for a fee.
[Added 3-20-2023 by Ord. No. 1098]
HOSTING PLATFORM An internet-based entity that, in exchange for a fee:
[Added 3-20-2023 by Ord. No. 1098]
A. Facilitates reservations of short-term rentals;
B. Serves as a conduit of communication between hosts and transient guests; or,
C. Otherwise facilitates booking transactions for short-term rentals.
HOUSING UNIT A single unit of a structure, including but not limited to all dwellings, rooms, and other residential structures, units, and premises let or rented for human habitation (whether located in a single dwelling or multiple dwelling, rooming house, boardinghouse, or other structure), providing or intended to provide complete living and sleeping facilities for one or more persons. The definition of "housing unit," as used in this chapter, does not include any single-family housing units that are solely occupied by the property owner or by the property owner and members of the property owner's family, or any hotel, motel, or bed-and-breakfast establishment.
MAYOR AND CITY COUNCIL When used in connection with the taking of any action under this chapter, such action shall be taken in accordance with the City Charter.
OCCUPANT An individual having possession of a space within a housing unit.
OPERATOR A person who has charge, care, or control of a housing unit, structure or premises which is offered for occupancy.
PERMANENT RESIDENCE A permanent residence is a dwelling unit where the owner resides for at least 180 total days annually and the owner can furnish a driver's license, voter registration card or official State Homestead Tax Credit designation. For purposes of this article, an owner can only have one permanent residence.
[Added 3-20-2023 by Ord. No. 1098]
PERSON Includes an individual, partnership, trust, estate, association, corporation, limited liability company, or any other entity.
PREMISES A lot, plot, or parcel of land containing a housing unit, including the structures on it.
PROPERTY OWNER A person, other than a tenant, having a legal or equitable ownership interest in the premises.
SHORT-TERM RENTALS Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than 30 consecutive days. Short-term rentals must occur within a dwelling or accessory dwelling unit as defined in the City Code. Tents, sheds, shelters, gazebos, pavilions, recreational vehicles (RVs), boats, or other similar, nonpermanent living spaces shall not be deemed a "dwelling or portion thereof" for purposes of this definition.
[Added 3-20-2023 by Ord. No. 1098]
STRUCTURE A residential structure used for human habitation.
TENANT An occupant other than a property owner.
TRANSIENT GUEST A person who uses a hosting platform to facilitate a short-term residential
rental or other person who contracts directly with the owner or owner's agent to arrange for a short-term
rental of a dwelling, bedroom, or accessory dwelling unit.
[Added 3-20-2023 by Ord. No. 1098]
A person aggrieved by a decision, order, or action by the City or its agents which has been made in connection with the enforcement of any provision of this chapter or of a regulation adopted pursuant to this chapter may appeal in writing to the Circuit Court for Harford County in the manner prescribed by 7-201 et seq. of the Maryland Rules of Procedure. No such appeal shall operate to stay any decision, order or action of the Code Official or the City, except as ordered by the Circuit Court upon the posting of a bond by the appellant sufficient under the circumstances to protect the City and the occupant(s) pursuant to Rule 7-205 and Rule 1-401 et seq. of the Maryland Rules of Procedure.
[Adopted 3-20-2023 by Ord. No. 1098]
This chapter shall apply to all short-term rentals as defined herein. This chapter does not apply to hotels, motels, inns, bed-and-breakfasts or group homes as defined in the City Code.
No person may operate a short-term residential rental without a currently effective license to do so from the Director of Planning. An application will be made available and it will contain the requirements and documentation set forth by the Department of Planning.
Short-term rentals are only allowed within the Short-Term Rental District (STRD) as shown in Appendix 1, except as provided herein. The boundaries of the STRD are Pulaski Highway to the north, North and South Juniata Street to the west and the Susquehanna River to the south and east. Short-term rentals are not allowed at marinas as defined in the City Code.
The property owner, or his/her designee, must be capable of being on the property within two hours of being notified. The owner's or his/her designee's contact information must be made available to the City when applying for a license and the contact information must be posted on the front door of the dwelling unit.
Occupancy of short-term rentals shall not exceed two people per bedroom, plus one person or two children under 12 years of age.
The Department of Planning with forty-eight-hours notice to the property owner or designee, and posted on the property, can require an inspection of the short-term rental unit. If the Department is denied an inspection, the Department may immediately revoke the short-term rental license. The Department of Planning will randomly inspect 10% of all licensed short-term rental units annually. A form with the inspection requirements will be made available to the property owner in advance of the inspection.
The owner must inform the City if the property proposed for a short-term rental is governed by a Condominium or Homeowners' Association. Properties within such Associations are required to submit to the City proof that short-term rentals are allowed or must provide an official letter from the governing Association demonstrating that the property can be used as a short-term rental in the respective community.
The Director of Planning can deny, suspend or revoke a short-term rental license or renewal license under the following conditions:
A. The Director informs the host of a problem with the short-term rental unit, in writing, and the issue is not abated within 15 calendar days;
B. In situations deemed an emergency by the Director, the license can be suspended immediately by posting the subject property;
C. Making any material false statement in an application for an initial or renewal license;
D. Fraudulently or deceptively obtaining the license for oneself or another;
E. Fraudulently or deceptively using the license;
F. Failing to comply with any provision of this chapter or of any rule or regulation adopted in the City Code.
All appeals of administrative decisions will be heard by the Board of Appeals per Chapter
25, Article
IV of the City Code.