The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.
A. "Agent" shall mean a person engaged or appointed by an owner to represent and act on behalf of an owner (as defined in these definitions) and to act as an operator, manager and/or local contact person of a dwelling used or to be used as a short-term rental unit or short-term rental property and designated as such by the owner in accordance with Section 4.05.050.
B. "City Manager" shall have the same meaning as Section 600 (City Manager) of the Charter of the City of Anaheim, and shall include his or her authorized representative.
C. "CC&R Restricted Short-Term Rental" shall mean a Pre-Moratorium Short-Term Rental that, as of June 1, 2019, has a valid permit to operate and is operating as a Short-Term Rental, and that is the subject of a timely-filed application for hardship extension submitted pursuant to subsection 4.05.180.020, but which is part of a homeowner's association that has covenants, conditions and restrictions ("CC&R's") that prohibit the operation of short-term rentals.
D. "Dwelling" is defined in Section 18.92.070 ("D" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of this code. "Dwelling" shall also mean a dwelling unit on the same parcel as a legally established single-family dwelling that is allowed in the zone in which located, having its own complete independent living accommodations and facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, in which case only one of said dwelling units may be used as a short-term rental.
E. "Enforcement officer" shall mean the Planning Director, the Community Preservation Manager, any Community Preservation Officer, the city's Fire Chief, his or her authorized representatives, the city's Building Official, his or her authorized representatives, or any other city department head (to the extent responsible for enforcing provisions of this code), or any other city employee designated by the Planning Director or City Manager to enforce this chapter.
F. "Hosting platform" shall mean a person or entity that facilitates a short-term rental for an owner, and derives revenues therefrom, including without limitation booking fees, subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean without limitation the act of allowing the owner to offer to list or advertise the short-term rental on the Internet web site provided or maintained by the hosting platform. A hosting platform does not include any person licensed to practice real estate as defined in Section 10130 of the California Business and Professions Code.
G. "License Collector" shall have the same meaning as in Section 1.01.305 (Construction—"License Collector") of the code, and shall include his or her authorized representative.
H. "Local contact person" shall mean a person designated by an owner or the owner's agent, who, if designated to act as such, shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (i) being able to physically respond within forty-five (45) minutes of notification of a complaint regarding the condition, operation or conduct of occupants of the dwelling, and (ii) taking remedial action necessary to resolve any such complaints. A local contact person may be the owner or the owner's agent.
I. "Occupant" shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.
J. "Operator" shall mean the owner or the designated agent of the owner who is responsible for compliance with this chapter.
K. "Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling and may sometimes be referred to interchangeably in this chapter as an "applicant". "Owner" includes a lessee.
L. "Pending application" shall mean an application for a short-term rental permit filed with the Planning Director prior to September 16, 2015 that has not been approved or denied by the Planning Director prior to August 11, 2016.
M. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
N. "Planning Director" shall mean the Director of the Planning and Building Department of the City of Anaheim or his or her authorized representative, including the License Collector, the Community Preservation Manager and any Community Preservation Officer or staff so designated by either the Director of the Planning and Building Department or the Community Preservation Manager to carry out responsibilities under this chapter.
O. "Pre-Moratorium Home Share Short-Term Rental" shall mean a Pre-Moratorium Short-Term Rental that, as of June 1, 2019, has a valid permit to operate and is operating as a Short-Term Rental, and that is the subject of a timely-filed application for affidavit or hardship extension submitted pursuant to subsection 4.05.180.015 or subsection 4.05.180.020, and is the owner's primary residence as of June 1, 2019, where the owner of the Short-Term Rental demonstrates, on an annual basis at the time the Short-Term Rental permit is renewed, that the Short-Term Rental property is the owner's primary residence. The owner of a Pre-Moratorium Home Share Short-Term Rental must be a natural person, and cannot be a corporation, limited liability company, limited liability partnership, or any other business entity.
P. "Pre-Moratorium Short-Term Rental" shall mean a Short-Term Rental that was authorized by City permit to operate as a Short-Term Rental prior to August 11, 2016, or whose pending application for a Short-Term Rental permit was filed prior to September 16, 2015 and approved after August 11, 2016.
Q. "Qualifying Pre-Moratorium Short-Term Rental" shall mean a Pre-Moratorium Short-Term Rental that, as of June 1, 2019, has a valid permit to operate and is operating as a Short-Term Rental and is the subject of a timely-filed application for hardship extension submitted pursuant to subsection 4.05.180.020.
R. "Rent" shall have the meaning provided in Section 2.12.005.080 of Chapter 2.12 (Transient Occupancy Tax) of this code and, for the purpose of this definition, the term "operator" shall mean an "owner," as defined in this chapter, who undertakes, maintains, authorizes, aids, facilitates, advertises, lists or rents a dwelling unit as a short-term rental within the City of Anaheim.
S. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term rental unit, who: (i) shall be at least twenty-one (21) years of age, (ii) shall be an occupant of the subject short-term rental unit during the term of said agreement, (iii) shall be legally responsible for ensuring that all occupants of the short-term rental unit comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, and (iv) may be held liable for any violation of all applicable laws, rules and regulations set forth in this chapter.
T. "Short-term rental" shall mean the rental of a dwelling or a portion thereof, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.
U. "Short-term rental permit" shall mean a permit issued pursuant to the provisions of this chapter that allows the use of a dwelling as a short-term rental.
V. "Short-term rental property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of Orange, upon which a short-term rental unit (or units) is (are) maintained. "Short-term rental property" includes the premises upon which a short-term rental unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.
W. "Short-term rental unit" shall mean a dwelling, or any portion thereof, which is being rented, or is intended to be rented, as a short-term rental to a person or group of persons.
(Ord. 6299 § 1 (part); May 13, 2014: Ord. 6374 § 1 (part); July 12, 2016: Ord. 6404 § 1 (part); April 4, 2017: Ord. 6466, § 1 (part); June 18, 2019.)