[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.