No Person shall rent property to another Person or organization without first securing a license from the city. A Residential Rental license is a privilege, not a right.
(A) Application. License applications shall be made by the Owner of the real estate used as rental property or a legal agent or representative acting on behalf of the Owner. An application for a permit shall be submitted to the City on a form provided by the City and shall contain the following information:
(1) Name, individual tax ID, home and business address(es), telephone number(s), and emails of any and all Owners of the real property used for rental purposes;
(2) Business name, business address(es), license/registration/account number, primary contact Person, telephone number(s), and emails of a designated property manager or caretaker, if applicable;
(3) Name, home and business address(es), telephone number(s), and emails of vendee if real property is being purchased through a contract for deed or mortgage, if applicable;
(4) Legal description of the real property used for rental purposes;
(5) Street address of the real property used for rental purposes;
(6) Nature of tenancy;
(7) Number of Bedrooms and/or rental units in the real property;
(8) Number of off-street parking and garage spaces available;
(9) Proof of an annual health and safety inspection completed by the fire department.
(10) Other information the City may require.
Persons holding a Residential Rental license or submitting a Residential Rental license application shall inform the City Administrator/Clerk of any change in the information requested on the application within ten business Days after any such change.
(B) Conditions.
(1) General
(a) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city or of the State are delinquent and unpaid.
(b) The Applicant must confirm upon their application form that there are functioning smoke and carbon monoxide detectors in each Bedroom and/or sleeping area, and a functioning fire extinguisher in the living space.
(c) An annual health and safety inspection must be completed by the fire department to ensure occupant safety.
(2) Residential Rental - Short Term
(a) The Person offering a Dwelling unit as a Residential Rental - Short Term use must be the Owner of the Dwelling unit. A tenant of a property may not apply for a Residential Rental - Short Term permit, nor shall the property or any portion thereof be sub-leased by the tenant on a short-term basis, or operated as such by the tenant. The regulation shall supersede any conflicting provision in a private lease agreement permitting sub-leasing of the property, or any portion of the property. Violation of the Section will result in enforcement action against the tenant and Owner and will subject all parties to the issuance of penalties.
(b) The applicant shall identify a managing agent or contact Person who resides within a 25 mile radius of the City and who has the authority to act for the Owner. It shall be the responsibility of the Owner or Owner's agent to provide and maintain updated contact information, including address, phone number, and e-mail, for receipt of all notices, orders, or other correspondence relating to the licensed property.
(c) Each license shall indicate the number of Bedrooms which are contained in the Dwelling. The number of Bedrooms, as indicated on the license, shall be used for all calculations required herein.
(d) The maximum number of Transient Guests allowed is two (2) Persons per Bedroom, plus an additional two (2) guests. For example, a three-Bedroom home could have a maximum of eight (8) guests.
(e) One (1) vehicle per Bedroom shall be allowed, with a maximum of four (4) vehicles. The Owner of the Residential Rental - Short Term must provide one (1) approved off-street parking spot per Bedroom (that is not on a public or private road, right of way, or easement), with a maximum of four (4).
(f) Transient occupants of the Residential Rental - Short Term shall comply with all ordinances of the City including, but not limited to those ordinances regulating noise and nuisance conduct. Failure of transient occupants to comply shall subject the transient occupants and the Owner to the issuance of fines and/or penalties, and the possibility of the revocation of the Residential Rental - Short Term license.
(g) Licensees shall post and/or have easily available to Transient occupants information as determined by the City Administrator/Clerk.
(C) License fees and term.
(1) The fees for a Residential Rental- Short Term license or Residential Rental - Long Term license shall be in accordance with the current city fee schedule, as amended.
(2) Upon receipt of application and fee meeting all requirements herein, the City Administrator/Clerk shall have the authority to issue a license. The City Administrator/Clerk may decline to issue a license if the City Administrator/Clerk determines the Owner or occupant is not in compliance with the fire prevention and life safety code, zoning code and/or local or state nuisance laws for the real property used as rental property, or any provision of this Chapter. The City Administrator/Clerk shall keep a record of all rental property licenses issued.
(3) All licenses issued under this ordinance shall expire annually on March 31. Licenses may be purchased at any time during the year but will expire on the following March 31. License fees shall be prorated. Application for annual licensure shall be submitted to the City by March 1 of each year.
(4) Failure by licensees to apply for a new license on or before March 1 of each year will result in a late license penalty fee being owed to the city. The late license penalty fee shall be in accordance with the current city fee schedule, as amended.
(5) For Residential Rental - Long Term licenses, the Owner shall provide a copy of the current rental property license to the current occupants within ten business Days of issuance of such license.
(6) If a license is mistakenly issued or renewed, it shall be revoked upon the discovery that the holder was ineligible for the license.
(7) Licenses granted hereunder constitute a revocable, limited right. Nothing herein shall be construed as granting a vested property right. No party shall have any expectancy of reissuance of any license after its annual expiration.
(D) Limit on Number of Residential Rental - Short Term Licenses
(1) There are 3 Residential Rental - Short Term licenses available.
(2) Licensees who have had Residential Rental Licenses approved the previous year, will be given first right to receive a license during the present year of application.
(3) The City maintains a waiting list for individuals wishing to receive a Residential Rental - Short Term license. When available, licenses are offered to the first individual on the waiting list.
(4) Individuals desiring a Residential Rental - Short Term license shall be placed on a waitlist in the order of first come first serve by appearing in-Person at City Hall with complete payment of the waitlist fee.
(5) The waitlist is updated annually. An annual fee to remain on the waitlist shall be in accordance with the current City fee schedule, as amended. Waitlist fees must be received by the City annually by March 1st of each year.
(6) If an individual is offered a license while on the waiting list and declines, they will remain at the top of list until the next offer. If the individual declines the second offer, the individual's name is moved to the bottom if they choose to remain on the waitlist.
(7) If a licensee is not using the Residential Rental Short-Term License by July 1, the City Council may revoke the permit. The City Council may consider written request for exception to this requirement. Contact the City Hall regarding a deferment request.
(E) Transferability
(1) Residential Rental - Short Term: Rental property licenses are not transferable. New Owners or their agent or representative desiring to operate a Residential Rental - Short Term will need to apply to be placed on the waitlist.
(2) Residential Rental - Long Term: Rental property licenses are not transferable. New Owners or their agent or representative shall apply for a license within ten business Days of closing on a sale of the real property used as rental property.
(F) Appeal
The applicant shall have ten (10) Days to request in writing to the City Administrator/Clerk a hearing before the City Council, upon a license denial. Failure to request such a hearing, in writing, shall constitute waiver of the right to be heard on such denial.