(A) If, as a result of the investigation conducted by the city, the applicant is found to satisfy all of the requirements of this chapter and no grounds for denial exist, the application shall be approved, and a permit (or renewal permit) shall be issued to the applicant.
(B) The Permit Administrator shall deny an application for a permit (or renewal permit) or may revoke, suspend or modify a permit if any of the following findings are made:
(1) Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail;
(2) The owner failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
(3) The owner is delinquent in payment of any city taxes, assessments, fines, or penalties in relation to short-term rental;
(4) If the owner has had a prior short-term rental permit suspended or revoked or has been cited for violating any provision of the Municipal Code relating to any short-term rental property in the city within the past 12 months;
(5) The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter related to the operation of a short-term rental;
(6) If there is evidence that any governing documents, including CC&Rs, of a common interest development, or the rules or regulations enacted by the association governing the common interest development, prohibit the use of a property for short-term rental purposes;
(7) The applicant has failed to demonstrate an ability to conform to the operational requirements and performance standards set forth in § 37.012;
(8) If, at the time the permit application is being submitted, the city has commenced any enforcement proceedings against the owner with respect to the property for which the owner seeks a permit or renewal of a permit;
(9) The short-term rental does not comply with all applicable codes regarding fire, building and safety and other relevant laws, ordinance or regulations, including any conditions placed on the permit by the city.
If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(C) The Permit Administrator shall have the authority to impose additional conditions on the permit for the use of any short-term rental to ensure that any potential secondary effects unique to the subject rental unit are avoided or adequately mitigated. Such conditions include but are not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city's reasonable request, or occupancy counting device that monitors the number of persons at the property.
(D) The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the number of bedrooms eligible for listing, the maximum occupancy, the date of issuance and term of the permit, a permit registration number, and the signature of the Permit Administrator or his or her designee.
(E) Within 30 days of the issuance of the short-term rental permit or renewal of such permit, the city shall mail a notice to all owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental notifying the residents that a permit has been issued and providing information regarding howto lodge complaints, if any, regarding the short-term rental.
(Ord. 1766, passed 12-14-21)