Short-Term Rental Model Ordinance

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1. Definition. A short-term rental is a permanent residential dwelling unit or any portion of such dwelling unit, rented for occupancy for a period of less than 30 consecutive calendar days, or, in February, less than 28 consecutive calendar days, counting portions of a day as full days, regardless of whether a permanent resident is also present during the period of occupancy. Short-term rentals are considered “transient lodging” for purposes of state law and this ordinance.
   
2. Registration Requirements. Operation of a short-term vacation rental requires a registration with this jurisdiction to be renewed on an annual basis as set forth in this Section. Registration requires the following:
   1. advance payment of the then-current annual registration fee for the year following the date of registration, this registration fee is limited to costs of processing the registration
   2. evidence that the registrant is at least 18 years of age; or, if the property owner of record is an entity, proof of entity action authorizing the registration by a manager or officer of the entity; or, if the property owner of record is a trust, a copy of the certification of trust authorizing the registration by a trustee designated by the trust.
   3. provide proof of and maintain liability insurance appropriate to cover the short-term rental in the aggregate of at least $500,000 or sign an affidavit stating that all advertisements and offers will be conducted using an online lodging marketplace that provides equal or greater coverage.
   4. the name, address, phone number, and email address of a registered local contact. The registered local contact shall be the owner and/or the owner’s designee and shall be available 24 hours a day to receive, respond to, and resolve any complaints received by this jurisdiction. The registered local contact shall be capable, if necessary, of physically visiting the short-term vacation rental property to address and resolve complaints within 30 minutes and may be a private security company that is licensed to conduct business within this jurisdiction.
   5. certify that within 10 days of approval of registration, the registered local contact information will be mailed to each address and to each property owner as listed with the County Assessor’s office and to any homeowner’s association that is registered with the City that is adjacent to the short-term rental.
   6. report to the county all required information for determining business personal property tax liability and also maintain with the county assessor the appropriate real property classification for purposes of determining the applicability of the primary residential property tax exemption.
   7. if the short-term rental is located within a common-interest community, copies of documents that demonstrate that operation of a short-term rental is not prohibited.
   8. the registrant shall conduct a self-inspection utilizing this jurisdiction’s short-term rental checklist and shall provide this jurisdiction a signed copy of the completed checklist as part of the registration process. This jurisdiction reserves the right to inspect the property during the registration period for the limited purpose of determining that all registration requirements for the property have been met and the property meets all building code requirements prior to beginning operation as a short-term vacation rental. Any inspection shall occur upon prior notification to the property owner, at a reasonable time, and with the property owner or its designated agent present for the inspection. The registrant is responsible for payment of any costs related to the inspection.
      
3.  Operation Standards. A short-term vacation rental may only be used for overnight accommodations and shall:
   1. not be used for any gathering meeting the definition of “party”
   2. be limited in maximum number of occupants per state fire code.
   3. comply with any residential property maintenance requirements, including weed abatement, garbage removal, and snow removal.
   4. allow one short-term vacation rental booking per registered property at any given time.
   5. not use any exterior signs to identify the property as a short-term rental.
   6. provide guests a rental informational packet that includes contact information of the registered local contact, maximum occupancy, parking requirements, noise ordinance, garbage pick up dates and written description of where garbage receptacle must be placed for pickup, and contact information of local police and fire department.
   7. if the registered local contact is changed, update the registration information with this jurisdiction and to all adjacent properties of the short-term vacation rental parcel within five business days of the change.
      
4. Noise and Outdoor Lighting Standards. A short-term vacation rental shall comply with noise and outdoor lighting standards listed below:
   1. quiet hours which shall be between the hours of 10:00 p.m. and 7:00 a.m.
   2. the use of sound equipment, sound related activities, and/or noise heard from the property line from 10:00 p.m. to 7:00 a.m. shall be prohibited.
   3. no yelling, shouting, or singing during quiet hours so as to unreasonably annoy or disturb the quiet, comfort, or sleep of any persons of ordinary sensibilities.
   4. during non-quiet hours, outdoor amplified sound shall comply with noise regulations.
   5. all rear and side yard outdoor lighting shall be turned off during quiet hours, with the exception of motion-sensitive outdoor security lighting and landscape lighting.
      
5. Parking Requirements. All short-term rentals shall provide sufficient parking for guests, defined as:
   1. all guests shall be legally parked on the lot occupied by the residence or on that part of the street which immediately abuts the lot. Any parking outside of these requirements can be grounds for a complaint.
      
6. Violations. Failure to comply with any of the provisions of this ordinance and all applicable state laws shall constitute a violation of this ordinance and are therefore subject to all enforcement actions and remedies available to this jurisdiction.
   
7. Complaint Resolution. Complaints regarding short-term vacation rentals shall be directed to the registered local contact, or if established, to this jurisdiction’s complaint hotline. The registered local contact shall:
   1. be available by phone 24 hours a day to answer calls from the complaint hotline, as well as complaints from any other sources.
   2. upon receipt of a notification or attempted notification regarding a complaint, contact the guest of the short-term rental and resolve the issue giving rise to the complaint within 30 minutes.
   3. have committed a violation of this code for failure to resolve the problem within 30 minutes, unless the registered local contact can demonstrate that they contacted the occupant of the short-term vacation rental within 30 minutes and attempted to resolve the problem but were unable to do so. In that event, the registered local contact shall physically visit the short-term vacation rental property to address the problem and resolve the complaint within 30 minutes thereafter.
   4. if the validity of a complaint is disputed, provide a report to this jurisdiction including any photographs, videos, audio recordings, and/or other documentation refuting the existence of the problem underlying the complaint.
      
8. Enforcement. All violations of this Section are deemed a nuisance and are therefore subject to all enforcement actions and remedies available to this jurisdiction for prevention and correction of nuisances. As outlined in the subsection Enforcement Process for Short-Term Vacation Rentals repeated violations can result in termination of registration certificate.

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