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In addition to general requirements that all Transient Rental Property be in full compliance with all applicable laws, statutes, regulations, and ordinances, the following additional responsibilities are applicable to an Owner of Transient Rental Property:
(a) The Owner of every Transient Rental Property shall be responsible for the maintenance thereof in good repair and in a safe and sanitary condition in compliance with the applicable requirements of Part 13 of the Codified Ordinances and the requirements established by the City administratively.
(b) Subject to the provisions and limitations contained in Section 1369.06(a)(2) of this Chapter, the Owner shall prepare and maintain a parking plan to designate off-street parking for the use of all vehicles associated with the Transient Rental Property in accordance with Chapter 1133 of the Codified Ordinances.
(c) The Owner or Authorized Representative shall be required to be physically present in person at the Transient Rental Property within sixty (60) minutes of any notification by a member of law enforcement or the fire department or emergency assistance of any kind relating to a Call for Service to the Transient Rental Property.
(d) The Owner shall provide proof of procurement and maintenance of general liability and premises liability insurance for the Transient Rental Property as may be periodically requested by the Department, which insurance(s) shall meet all of the following requirements:
(1) Provide coverage of not less than three hundred thousand dollars ($300,000.00) and issued in accordance with Chapter 3902 of the Ohio Revised Code.
(2) Provide notice of cancellation of insurance to the Department at least ten (10) days prior to cancellation.
Failure to maintain insurance required by this Section shall result in a revocation of the Transient Rental Registration Certificate or Renewal Transient Rental Registration Certificate (as the case may be).
(e) Records.
(1) The Owner or Authorized Representative shall maintain a registry of Transient Guests for a period of at least three (3) years from the date such Transient Guests occupied the Transient Rental Property which shall include the following:
A. The name and address of the persons who entered into the rental agreement for use of the Transient Rental Property;
B. The date(s) each such Transient Guest had use or occupancy of the Transient Rental Property;
C. The number of persons scheduled to stay for the night of the Rental Period; and
D. The rate charged per each rental period.
(2) The Owner or Authorized Representative shall provide the records required by this section upon request by a member of law enforcement, the Department, or in accordance with any lawful order issued by a Court or tribunal having jurisdiction thereof.
(3) The Owner or Authorized Representative shall be deemed to comply with this provision if such records are kept and maintained by a Hosting Platform which is identified and disclosed to the City on the initial Application or any renewal Application.
(f) No Owner shall lease a Transient Rental Property to a Transient Guest if the Transient Guest's use of the Transient Rental Property would violate Section 2950.034 of the Ohio Revised Code.
(Ord. 2021-7. Passed 3-23-21.)
(a) License Issuance and Renewal Inspections:
(1) Prior to issuing a new or Renewal Transient Rental Registration Certificate, or in the event of the transfer and assignment of a valid a Transient Rental Registration Certificate, the Department shall conduct a Life Safety Inspection of the Residential Premises within fourteen (14) days from the date the new Application or renewal Application is received by the City (or in the event a waiting list is maintained by the Department pursuant to Section 1369.03(a), within fourteen (14) days that the new Owner is notified by the Department that the new Application is being considered), which Life Safety Inspection shall consist of the following:
A. Inspection of all electrical receptacles;
B. Check for and test smoke detectors and carbon monoxide detectors;
C. Check for improper wiring;
D. Check electrical panel;
E. Check all light fixtures at all stairways and exterior doors;
F. Check furnace and water heaters;
G. Check for leaking water, gas and waste lines;
H. Check for removal of all refuse, garbage and debris;
I. Check for building code compliance, including necessary handrails;
J. Check for presence of accessible dry chemical fire extinguishers of a minimum 5-lb. ABC class;
K. Determine maximum occupancy for overnight Transient Guests which shall be limited to:
1. Three (3) persons per Residential Premises plus;
2. Two (2) persons per bedroom.
3. All areas of a Residential Premises designated as bedroom space shall be used predominantly for sleeping, have a minimum of one or more beds of a size and number equal to the expected occupants, and two (2) separate means of accessible ingress and egress.
(2) In conjunction with completing a Life Safety Inspection, and for new Transient Rental Registration Certificates issued from and after the effective date of this Ordinance, the Department shall also review the Owner's parking plan to determine compliance with Chapter 1133 of the Codified Ordinances. No parking plan shall be required of an Owner that is the holder of a current and valid Transient Occupancy Registration Certificate (issued prior to the effective date of this Ordinance) provided such Transient Occupancy Registration Certificate is timely and continuously renewed and is not later suspended, revoked, denied, or permitted to lapse, in which case a new Application shall be required and all provisions of this Ordinance shall be apply to such new Application, including not limited to the parking plan requirements identified in this Section 1369.06(a)(2).
(3) To the extent an Owner is subject to the parking plan requirements of Section 1369.06(a)(2) of this Chapter, and if a particular Transient Rental Property permits occupancy that cannot be accommodated based on the parking requirements set forth in Section 1133.03(c)(6), the permitted and approved occupancy for such Transient Rental Property shall automatically be reduced by the Department to ensure compliance with the parking requirements set forth in Section 1133.03(c)(6) of the Codified Ordinances.
(4) Within fourteen (14) days of completing a Life Safety Inspection, an Inspection Report shall be issued to the Owner of the Transient Rental Property.
(5) The Department shall maintain a copy of the Life Safety Inspection Report for each Transient Rental Property for a period of three (3) years. Copies of all reports of Life Safety Inspections shall be made available to the public in accordance with Section 149.43 of the Ohio Revised Code.
(b) Violations enumerated in the Inspection Report shall be abated by the Owner of the Transient Rental Property within thirty (30) days from the date of the Inspection Report. A reinspection shall be required to verify that the violations have been corrected. The Owner of the Transient Rental Property shall contact the Department to schedule the required reinspection, which shall occur within forty-five (45) days from the date the Inspection Report is issued. A reinspection fee set in accordance with Section 1369.04 shall be paid at the time a reinspection is scheduled.
(c) Failure to correct any violations contained within the Inspection Report within thirty (30) days from the date of the Inspection Report shall constitute a violation of this chapter and may result in the revocation of a Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be) and/or penalties or other legal action in accordance with Section 1369.99.
(d) Failure to permit a reinspection of the Transient Rental Property within forty-five (45) days of the date of the Inspection Report shall constitute a violation of this chapter and may result in the revocation of the Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be) and/or penalties or other legal action in accordance with Section 1369.99.
(e) Upon display of the proper credentials, any member of the Department, law enforcement, fire department, emergency assistance, or public health official shall be permitted to inspect the Transient Rental Property to ensure compliance with this Chapter.
(1) In the event access to Transient Rental Property is refused, an officer or employee of the entity requesting to inspect the Transient Rental Property may, with the assistance of the Law Director, obtain an administrative warrant from a court of competent jurisdiction in order to gain access to the property.
(2) In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means. This chapter shall not be construed to require an Owner, Authorized Representative, or occupant to consent to a warrantless inspection of private property.
(3) A repeated failure to permit inspection may be cause for revocation of the Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be).
(Ord. 2021-7. Passed 3-23-21.)
The operation of Transient Rental Property may be found to constitute a public nuisance upon a determination by the Department or a court of competent jurisdiction that any of the following apply:
(a) The Transient Rental Property has been the site of a repeated criminal activity involving prostitution, felony drug possession, gang activity, or acts of violence as such terms are defined in Chapter 29 of the Ohio Revised Code.
(b) The Transient Rental Property is a nuisance as that is defined under Section 3767.01 of the Ohio Revised Code.
(c) The Transient Rental Property has had in excess of three (3) Calls for Service within any consecutive twelve (12) month period.
(d) The Transient Rental Property has a documented history of repeated conduct that endangers neighborhood safety.
(Ord. 2021-7. Passed 3-23-21.)
(a) Any person selling or otherwise relinquishing ownership or control of a Transient Rental Property, including an Authorized Representative or Owner, shall notify the Department of the proposed effective date of the change in ownership or control.
(b) In order to transfer and assign a valid Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate, or Renewal Transient Occupancy Registration, the Owner and holder of the Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate, or Renewal Transient Occupancy Registration shall notify the Department of the change in ownership and control. The notice required by this section shall be in writing and shall include the following:
(1) The name, address, email address, and telephone number of the new Authorized Representative or Owner;
(2) The name, address, email address and telephone number of the previous Authorized Representative or Owner;
(4) The effective date of such change in ownership or control.
Within fourteen (14) days of acquiring the Transient Rental Property (as evidenced by the new Owner receiving recorded legal title to same), the new Owner shall complete an Application for purposes of the new Owner acknowledging the rights, duties and obligations of an Owner under this Chapter, including permitting the Department to conduct a Life Safety Inspection in accordance with Section 1369.06 of this Chapter. The new Owner shall be required to pay a reinspection fee in accordance with the Codified Ordinances of the City. Provided the Application is approved, the Life Safety Inspection is approved, and the new Owner pays the reinspection fee, the City shall consider then-existing Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate or Renewal Transient Rental Registration Certificate (as the case may) assigned and transferred to the new Owner, thereby permitting the new Owner to utilize then-existing Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate, or Renewal Transient Rental Registration Certificate (as the case may be) for the unexpired portion of the term of the relevant certificate.
(c) A failure to notify the Department in accordance with this Section within fourteen (14) calendar days of any change of ownership or control (as evidenced by the new Owner receiving recorded legal title to same) will result in a violation of this Chapter and a revocation of the Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate, or Renewal Transient Occupancy Registration (as the case may be) and/or penalties or other legal action in accordance with Section 1369.99. (Ord. 2021-7. Passed 3-23-21.)
(a) Listing, Advertising, or Promoting. No Hosting Platform shall list, advertise, promote, or accept reservations for any Transient Rental Property within the City of Huron that does not have a Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate or Renewal Transient Occupancy Registration. Upon notification by the Department that the Transient Registration Occupancy Certificate (issued prior to the effective date of this Ordinance), Transient Rental Registration Certificate, or Renewal Transient Occupancy Registration has expired or been revoked, the Hosting Platform shall remove or deactivate that Transient Rental Property from all listings, advertisements, or promotions of any kind within three (3) business days.
(b) Records Required. To the extent the Hosting Platforms collects the information required to be kept and maintained by an Owner or Authorized Representative in accordance pursuant to Section 1369.05(e) of this Chapter, it shall maintain such information for a period of three (3) years for all Transient Rental Properties that are leased to Transient Guests through such Hosting Platform, and shall provide such records upon request in accordance with Section 1369.05(e).
(c) Taxation. All Hosting Platforms are subject to taxation in accordance with Chapter 185 of the Codified Ordinances.
(Ord. 2021-7. Passed 3-23-21.)
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