4-1-8-1: SPECIAL CONDITIONS OF LICENSE - ALL ACCOMMODATION UNITS:
   A.   Special Conditions: Except as provided in subsection G of this section, in addition to the other requirements of this chapter, the owner of an accommodation unit licensed pursuant to this chapter shall, as a condition of such license, be subject to the following requirements:
      1.   The motor vehicles of all occupants of the accommodation unit shall be parked only on the site of the accommodation unit, or in a Town designated parking area located off of the site of the accommodation unit. No motor vehicles shall be parked on the lawn or landscaped areas of an accommodation unit, or in the public street or right-of-way adjacent to the accommodation unit. No person shall be permitted to stay overnight in any motor vehicle which is parked at an accommodation unit. Further, all motor vehicles parked at an accommodation unit shall comply with the requirements and be subject to the limitations of section 9-3-11 of this Code.
      2.   The storage and disposal of all trash and garbage from an accommodation unit shall comply with the requirements of title 5, chapter 2 of this Code.
      3.   No unreasonable noise shall be permitted to emanate from an accommodation unit or the real property upon which an accommodation unit is located. In determining whether a particular noise is unreasonable, the Hearing Official shall consider: (i) the time of the day that the noise emanated from the accommodation unit; (ii) the location of the noise in relation to the location of the person who heard such noise; and (iii) all other relevant factors.
      4.   Reserved.
      5.   The licensee shall provide to the Finance Director the name, address and telephone number of any current rental agent for the accommodation unit. The rental agent may be changed by the licensee from time to time throughout the term of the license. To effect such change, the licensee shall notify the Finance Director of the change in writing and shall, at the same time, provide the Finance Director with the name, address and telephone number of the licensee's replacement rental agent.
      6.   At the time of the issuance of the license the licensee shall also provide to the Finance Director the name, address and telephone number of a responsible agent who is authorized by the licensee to receive communications from the Town concerning the accommodation unit, and who agrees in writing to comply with the requirements of subsection A7 of this section. The responsible agent may be the same person designated by licensee pursuant to subsection A5 of this section. The designated responsible agent may be changed by the licensee from time to time throughout the term of the license. To effect such change, the licensee shall notify the Finance Director of the change in writing and shall, at the same time, provide the Finance Director with the name, address and telephone number of the licensee's replacement responsible agent.
      7.   A licensee's responsible agent, or such person's employee or designee, shall be available twenty four (24) hours per day, seven (7) days per week, to respond (as defined in the administrative rules and regulations) to any complaint filed with or through the Town, or a website provided by the Town for such purpose, about the operation or condition of the licensee's accommodation unit. Such responsible agent shall respond to a complaint within sixty (60) minutes of receiving notice of such complaint. The responsible agent's failure to respond to a complaint as required by this section is chargeable to the owner pursuant to subsection B of this section.
      8.   Each accommodation unit shall comply with all of the following minimum health and safety standards at all times while the property is being occupied:
         a.   The applicable requirements of the Town's Building and Technical Codes adopted by reference in title 8, chapter 1 of this Code;
         b.   The applicable requirements of any other ordinance, rule, or administrative regulation of the Town;
         c.   The terms and conditions of any development permit issued to the licensee with respect to the accommodation unit;
         d.   Smoke detectors and carbon monoxide detectors shall be installed in the accommodation unit and shall be operable at all times; and
         e.   Wood-burning fireplaces and stoves in the accommodation unit shall be cleaned on an annual basis.
      9.   a.   The occupancy limit for all accommodation units except studios shall be two (2) persons per bedroom plus four (4) additional persons. The occupancy limit for studio accommodation units shall be a total of four (4) persons. Condominiums, condominium/hotels, and hotels/lodgings/inns as defined in section 9-1-5 are exempt from the occupancy limits of this section.
         b.   The number of bedrooms in an accommodation unit shall be determined by the Finance Director.
         c.   A space in an accommodation unit shall be classified as a bedroom if such space is either: (a) designated in Summit County Assessor's database as a bedroom, or (b) designated as a bedroom on building plans that have been approved by the Town's chief building official.
         d.   A space in an accommodation unit that is not classified as a bedroom pursuant to subsection C of this Section may be designated as a bedroom if the space meets all of the following requirements:
            (1)   The space must have interior walls and door(s) on the same level of the building as the space in order to separate the space and provide privacy. The space cannot be a through way to another room of the accommodation unit or to the exterior.
            (2)   The space must have an egress window as required by the Town's building and technical code adopted by reference in chapter 1, title 8 of this code.
            (3)   The space must contain a built-in closet (consisting of dry wall), or built-in clothes storage area. A built-in clothes storage area must be permanently affixed to the wall, requiring repairs to the accommodation unit if removed. Built-in bunk beds with built-in clothes storage space complies with this requirement. But,  bunk bed with drawers purchased from a furniture store does not comply. An armoire also does not meet the closet criteria.
            (4)   The space must contain operable smoke and carbon monoxide detectors pursuant to Colorado law (within 15 feet of any bedroom).
            (5)   The space must have not less than 5 feet of ceiling height; and
            (6)   The space must be not less than least 70 square feet in size.
         e.   The Finance Director's determination of the number of bedrooms in an accommodation unit may be appealed to the Town Council. To appeal the Finance Director's determination the owner of the accommodation unit must file a letter of appeal with the Town Manager within ten (10) days after the date of mailing of the Finance Director's written determination of the number of bedrooms. Upon the timely filing of a letter of appeal, the Town Council shall conduct a de novo hearing on the appeal at a regular or special Town Council meeting held within thirty (30) days of date of the filing of the letter of appeal, unless the owner of the accommodation unit agrees to a longer time. Notice of the de novo hearing shall be given to the appealing accommodation unit owner by the Town Clerk at least twenty (20) days before the hearing. The burden of proof in the appeal shall be on the Finance Director. At the appeal, the appealing accommodation unit owner may appear with or without counsel, and present such evidence as may be relevant. The strict rules of evidence shall not apply to the de novo hearing. If the Town Council finds by a preponderance of the evidence that the Finance Director's determination of the number of bedrooms in the subject accommodation unit was correct, the appeal shall be denied. If the Town Council finds by a preponderance of the evidence that the Finance Director's determination of the number of bedrooms in the subject accommodation unit was incorrect, the appeal shall be sustained, and the Finance Director's determination shall be set aside. As part of its order sustaining an appeal, the Town Council shall fix the appropriate number of bedrooms that are in the accommodation unit based upon the criteria in this section. The Town Council's decision shall be final, subject to the right of the accommodation unit owner to contest the matter in an appropriate court action commenced under rule 106(a)(4) of the Colorado Rules of Civil Procedure. For purposes of determining the time limit for the commencement of an action under rule 106(a)(4) of the Colorado Rules of Civil Procedure, the Town Council's decision shall be deemed to be final upon the Council's issuance of a written order sustaining the accommodation unit owner's appeal and fixing the number of bedrooms that are in the owner's accommodation unit.
      10.   Because accommodation units are, by their nature, intended to be occupied by numerous guests for short periods of occupancy, it is determined that the Town's ability to inspect accommodation units is in the interest of public safety. Therefore, whenever it is necessary or desirable to make an inspection to enforce the special requirements of this subsection A, an authorized public inspector may enter such accommodation unit at all reasonable times to inspect the same for the purpose of enforcing such special conditions. Provided, that if such accommodation unit is occupied, the authorized public inspector shall first present proper credentials and request entry, and if such accommodation unit is unoccupied, shall first make a reasonable effort to locate the owner, the local responsible agent, or other person having charge or control of the accommodation unit and request entry. If such entry is refused, or if the accommodation unit is locked, the authorized public inspector shall have recourse to every remedy provided by law to secure entry. When an authorized public inspector has obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or any other persons having charge, care, or control of any accommodation unit shall fail or refuse, after proper request is made as herein provided, to promptly permit entry therein by the authorized public inspector for the purpose of inspection of the accommodation unit. No inspection warrant or permission shall be required for an authorized public inspector to enter and inspect an accommodation unit in the case of an emergency involving the potential loss of property or human life.
      11.   The Municipal Court Judge may issue an inspection warrant authorizing the inspection of an accommodation unit pursuant to this section in accordance with rule 241(b) of the Colorado Municipal Court Rules of Procedure. Any inspection warrant issued pursuant to this section shall fully comply with the applicable provisions of rule 241 of the Colorado Municipal Court Rules of Procedure. The Municipal Judge may impose such conditions on an inspection warrant as may be necessary in the judge's opinion to protect the private property rights of the owner of the accommodation unit to be inspected, or to otherwise make the warrant comply with applicable law.
      12.   All Property Taxes that are lawfully assessed against an accommodation unit shall be paid to the appropriate taxing authority.
   B.   Owner Liable: Compliance with the special conditions set forth in subsection A of this section shall be the nondelegable responsibility of the owner of an accommodation unit; and each owner of an accommodation unit shall be strictly liable for any violation of the special conditions set forth in subsection A of this section occurring on the premises of the owner's accommodation unit.
   C.   Licensee To Receive Special Conditions: At the time of the issuance of a license, the Finance Director shall provide the licensee with a copy of the special conditions set forth in subsection A of this section.
   D.   Licensee To Post License And Special Conditions: The licensee shall post a copy of the license and the special conditions set forth in subsection A of this section within five feet (5') of the main entrance of the accommodation unit. The license and the special conditions shall remain continuously posted in the accommodation unit throughout the term of the license.
   E.   Licensee To Provide Rental Agent And Responsible Agent With Special Conditions: The licensee shall provide any rental agent and the licensee's responsible agent with a copy of the special conditions set forth in subsection A of this section.
   F.   Revocation Or Suspension Of License: The failure of the licensee of an accommodation unit to comply with the special conditions set forth in subsection A of this section shall constitute grounds for the suspension or revocation of the license. Any action to suspend or revoke the license shall be conducted by the Finance Director in accordance with section 4-1-10-1 of this chapter.
Before an action is commenced to suspend or revoke a license for an accommodation unit, the Finance Director shall first provide the licensee with a written warning that an apparent violation of the special conditions of subsection A of this section has occurred, and the licensee shall be given a reasonable opportunity to cure such apparent violation. A copy of such warning notice shall also be sent to any rental agent who has been properly identified by the licensee pursuant to subsection A5 of this section and to the responsible agent identified by the licensee pursuant to subsection A6 of this section. Not more than one written warning shall be required to be sent during the term of each license.
   G.   Exemptions: Condominiums, condominium/hotels, and hotels/lodgings/inns as defined in section 9-1-5 of this Code are exempt from the provisions of this section if they have: 1) an on-site twenty four (24) hour staffed front desk; 2) a twenty four (24) hour telephone system that is monitored by a person; and 3) twenty four (24) hour private security capable of responding to complaints involving the property’s accommodation units within a reasonable amount of time. Chalet houses as defined in section 9-1-5 of this Code are exempt from the provisions of this section. The person responsible for staffing the front desk cannot be a member of the security personnel. The condominiums, condominium/hotels, and hotels/lodgings/inns described in the preceding sentence shall not be counted when determining the maximum number of accommodation unit licenses that may be issued pursuant to Section 4-1-8-4 of this Chapter.
   H.   Exempted Title Transfers: If the real property for which a valid accommodation unit license has been issued is transferred pursuant to a deed meeting any of the following conditions, the Director may issue a new accommodation unit license to the grantee named in such deed:
      1.   The transfer of title to real property if the grantee is a member of the grantor’s family.
      2.   The transfer of title to real property from a grantor to a trust established by the grantor.
      3.   The transfer of title to real property from a grantor to a limited liability company or another form of business entity recognized by Colorado law so long as the grantor has a controlling interest in such limited liability company or other business entity.
      4.   Any transfer of the property between the same parties creating or terminating a joint tenancy in such property.
      5.   The transfer of title or change of interest in real property by reason of death, pursuant to a will, the law of descent and distribution, or otherwise.
      6.   The transfer of title to make effective any plan confirmed or ordered by a court of competent jurisdiction under the bankruptcy code or in an equity receivership proceeding.
      7.   The transfer of title without consideration for the purpose of confirming, correcting, modifying, or supplementing a transfer previously recorded; making minor boundary adjustments; removing clouds of titles; or granting rights of way, easements, or licenses.
      8.   The transfer of title pursuant to any decree or order of a court of record quieting, determining, or vesting title, including a final order awarding title pursuant to a condemnation proceeding.
      9.   The transfer of title between spouses or former spouses made pursuant to a separation agreement, decree of legal separation, or dissolution of marriage.
      10.   The transfer of title if required to obtain compliance with applicable law concerning like-kind exchanges.
      11.   The transfer of title pursuant to a valid real estate contract that was fully signed up to and including September 28, 2021 if: (i) the transfer of title occurs within six (6) months of the signing of the contract; and (ii) if a completed license application is filed with the Town not later than twenty (20) days after the transfer of title.
Any new license issued pursuant to this Section H shall not count against the limitation on the number of accommodation unit license established in Section 4-1-8-4.
   I.   Exemption For New Construction: The owner of a residential structure for which a building permit was issued and in effect on September 14, 2021, may obtain an accommodation license for such structure if a completed license application is filed with the Town not later than twenty (20) days after a certificate of occupancy for such structure is issued by the Building Official. Any new license issued pursuant to this Section H shall not count against the limitation on the number of accommodation unit license established in Section 4-1-8-4. (Ord. 19, Series 2018; amd. Ord. 30, Series 2019; Ord. 5, Series 2021; Ord. 22, Series 2021; Ord. 29, Series 2021; Ord. 35, Series 2021)