A. The owner shall be responsible to ensure that the vacation rental complies with all applicable codes regarding fire, building, health and safety, and all other relevant laws.
B. During the rental of a vacation rental, the emergency point of contact shall be available 24 hours per day, 7 days per week for the purpose of responding in a timely manner to any complaints regarding the vacation rental.
C. The owner and emergency point of contact shall be responsible to ensure that the occupants and guests of the vacation rental do not create unreasonable noise disturbances, engage in disorderly conduct, or violate provisions of the city code or any state law.
D. The owner and emergency point of contact shall be responsible to ensure that trash and refuse shall not be left stored within public view at the vacation rental, except in proper containers no more than 12 hours before collection, as described in Title 14.
E. The owner and emergency point of contact shall be responsible to ensure that noise levels shall not exceed those described in Chapter 9.30.
F. The emergency point of contact shall, upon notification that any occupant or guest of the vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the city code or any state law, promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests. For the purpose of this chapter, the phrase "in a timely and appropriate manner" shall mean:
1. Telephonic contact with the occupants at the subject vacation rental within 30 minutes of a call for each incident;
2. In-person contact at the subject vacation rental unit within 45 minutes of a call if contact with the occupants is not made by telephone for each incident;
3. If the emergency point of contact must be contacted by the city with a complaint, the emergency point of contact must report back to the city of the disposition and handling of the reported incident within 45 minutes of each call from the city for each incident.
4. If required by public safety personnel, the emergency point of contact must respond to a complaint or emergency within 30 minutes in person.
G. Failure of the emergency point of contact to respond to calls or complaints from the city regarding the condition, operation, or conduct of occupants and guests of the vacation rental in a timely and appropriate manner shall be in violation of the provisions of this chapter. It is not intended that an emergency point of contact act as a peace officer or place themselves in an at-risk situation.
H. The owner shall comply with all provisions of the city Tax Code concerning transient occupancy taxes.
I. A vacation rental may not be used for nonresidential uses, including a special event that would otherwise require a permit or license for a retail, restaurant, banquet space, event center, or other similar use.
J. Owner must maintain a current transaction privilege tax license from the Arizona Department of Revenue and list the transaction privilege tax license number on each advertisement for each vacation rental the owner maintains, including online lodging marketplace posting in accordance with A.R.S. § 42-5042.
K. Prior to offering a vacation rental for rent for the first time, the owner or owner's designee must notify all single-family residential properties adjacent to, directly and diagonally across the street from the vacation rental and all multi-family residential building units on the same floor as the vacation rental with the following: permit number, address and emergency contact information. The requirements of this subsection may be met by providing notice to all owners or residents of single-family residential properties and lots located within 300 feet of the property line of the lot on which the short-term rental is located.
1. The owner or owner's designee must provide the city with an attestation of notification compliance containing the permit number, address of each property notified, and the description of the manner in which the owner provided notification to each property subject to notification.
2. Any time the contact information required by A.R.S. § 9-500.39(A)(4) changes, the owner or owner's designee must provide the notice required by subsection (K) of this section with the updated contact information in accordance with § 5.20.040(B) above.
3. Upon the request of city, owner or owner's designee must provide an attestation of compliance with § 5.20.050(K) within 10 calendar days of the request.
L. The owner or owner's designee of a vacation rental must display the local regulatory permit number on each advertisement for a vacation rental.
M. All vacation rentals must maintain liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental through an online lodging marketplace that provide equal or greater insurance coverage.
N. Prior to commencement of occupancy or during check-in, the owner shall describe all rules and regulations applicable to the use of the property as a vacation rental including, but not limited to, parking restrictions, restriction on noise and amplified sound, trash collection schedules, event and non-residential use restrictions, and any other information, as required by this Code applicable to the vacation rental and the surrounding neighborhood. Prior to or upon the guest's arrival at the vacation rental, the owner shall provide the booking guest with a written copy of the statement of rules and regulations acknowledged by the booking guest at the time of booking. The owner shall keep a record of compliance with this section.
O. The following notice must be posted in 14-point or larger bold font, on a laminated or otherwise similarly shielded paper, and prominently displayed in the vacation rental on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door.
NOTICE
You are expected to respect those who live in this neighborhood. The neighbors have the contact information for your emergency point of contact and are encouraged to contact them if activity at this rental disturbs the peace in the neighborhood or otherwise violates any federal, state or local laws, resulting in the possible immediate eviction of all occupants and loss of your deposit.
Use of this property for any of the following purposes is prohibited and violators may be subject to substantial penalties:
1) Any use that disturbs neighboring properties' peace and enjoyment, including, but not limited to, excessive noise, impeding traffic, obstruction of public streets by crowds or vehicles, use of illegal fireworks, use or possession of illegal drugs, drinking in public areas, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, or littering;
2) Housing sex offenders;
3) Operating or maintaining a sober living home;
4) Selling controlled substances, liquor or pornography;
5) Obscenity, nude or topless dancing, and other adult oriented businesses, performances, parties or activities in which value is given in exchange for an adult-oriented service; or
6) Any uses prohibited under ARS § 9-500.39, or federal, state or local law.
Unless the City expressly permits such a use in writing, use of this property for any of the following purposes is prohibited and violators may be subject to substantial penalties: use for any nonresidential use, including 1) for a special event that would otherwise require a permit or license pursuant to City ordinance or state law or rule or 2) operating a retail business, restaurant, event center, banquet space, or similar use.
Your emergency point of contact is ____________________________ and can be reached by phone 24 hours a day, seven days a week, at __________________________________.
P. To protect the health, safety, and general welfare of all vacation rental occupants, vacation rentals must meet the minimum standards for habitable structures, including occupancy limits, set forth in this Code, the adopted International Property Maintenance Code, and the city's Zoning Code and the requirements in this subsection and the requirements in subsection (1) below. The city may require inspection if it has a reason for concern that the vacation rental may not be compliant with the city's fire, building or zoning requirements.
1. Owners shall:
a. Install and maintain a working smoke alarm and carbon monoxide (CO) alarm system, which may require several detection units in the vacation rental maintained annually as required by NFPA 72. Owner shall keep and make available for inspection upon request by the Fire Marshal a record of all inspections and maintenance activities.
b. Install, maintain, and inspect a portable, multi-purpose fire extinguisher in any kitchen area and on each floor of a vacation rental and within 20 feet of every outdoor fire feature, fire pit, patio heater, fireplace, or other areas with fire. The extinguishers shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location of the fire extinguisher.
c. Provide and prominently display a map of the vacation rental showing the following: safe routes of egress in the event of a fire or other emergency; location of fire detection and suppression equipment; and any additional information relevant to such emergency preparedness measures. The map shall include the full property address, emergency information (i.e., 911) and owner contact information.
Q. In accordance with A.R.S. § 9-500.39, a vacation rental may not be rented, advertised, or used for any of the following uses or purposes: housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control, or pornography, obscenity, nude or topless dancing, and other adult-oriented business performances, parties or activities in which value is given in exchange for an adult-oriented service.
(Ord. 22-1297, passed 11-22-2022, eff. 3-1-2023; Ord. 19-1226, passed 11-26-2019)