CHAPTER 1470
Short-Term Residential Rental Registration
1470.01   Definitions.
1470.02   Registry of property offered as short-term residential rental; duty to register.
1470.03   Registration exemptions.
1470.04   Penalties.
1470.05   Administration and enforcement.
1470.06   Other provisions; private covenants.
1470.07   Effective date.
   CROSS REFERENCES
   Creating a registry for short-term residential rental - see Va. Code § 15.2-983
1470.01   DEFINITIONS.
   As used in this chapter:
   (a)   The term "Operator" means the proprietor of any dwelling, lodging, or sleeping accommodation offered or used as a short-term residential rental, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other possessory capacity.
   (b)   The term ''Short-term residential rental" means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
   (c)   The term "Property(s)" means a real estate offered by an operator as a short-term residential rental.
(Ord. 18-09. Passed 5-1-18.)
1470.02   REGISTRY OF PROPERTY OFFERED AS SHORT-TERM RESIDENTIAL RENTAL; DUTY TO REGISTER.
   There is hereby established a short-term residential rental registry for operators with property offered or used as short-term residential rental within the County and outside of any incorporated towns within the County. An operator offering or using a property as a short-term residential rental shall annually register such property in the short-term residential rental registry maintained by the Loudoun County Department of Building and Development. The operator of each property offered as a short-term residential rental must annually provide to the County the complete name and contact information of the operator and the address of each property in the county offered as a short-term residential rental by such operator. Contact information shall include mailing address, telephone numbers and email address. The County will not impose a registration fee.
(Ord. 18-09. Passed 5-1-18.)
1470.03   REGISTRATION EXEMPTIONS.
   The following persons are exempt from the registration requirement contained in section 1470.02: (i) a real estate professional licensed by the Commonwealth of Virginia Real Estate Board, (ii) a property owner who is represented by a real estate professional licensed by the Commonwealth of Virginia Reat Estate Board; (iii) a person registered pursuant to the Virginia Real Estate Time-Share Act (§§ 55-360 et seq.) of the Code of Virginia, 1950, as amended; (iv) a person licensed or registered with the Commonwealth of Virginia Department of Health, related to the provision of room or space for lodging; or (v) a person licensed or registered with the County of Loudoun, related to the rental or management of real estate, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.
(Ord. 18-09. Passed 5-1-18.)
1470.04   PENALTIES.
   (a)   Upon written notice, an operator required to annually register a property pursuant to section 1470.02 who offers or uses such property without being registered in the short-term residential rental registry is subject to a penalty in the amount of $500 per violation up to a total of $5,000. A separate offense shall be deemed committed each day during or on which a property is offered or used as a short-term residential rental without registration after written notice of violation. Such operator may not offer or use, or continue to offer or use such property for short-term residential rental, unless and until the penalty is paid and the property is properly registered. The Director of Building and Development or his or her designee may, at his or her own discretion, waive such penalty if the failure to register was due to no fault of the operator.
   (b)   Upon written notice, of two or more violations of the registration requirement as it relates to a specific property, the operator of such property may be prohibited from registering said property and from offering or using such property as a short-term residential rental for one calendar year from the date of last notification of violation. Such prohibition may be rescinded for good cause by the Director of Building and Development or his or her designee.
   (c)   Upon written notice of more than three violations of applicable state and local laws, ordinances and regulations applicable to a property offered or used as short-term residential rental, an operator required to register such property may be prohibited from offering such specific property as a short-term residential rental within the County for one year from the date of last notification of violation. Such prohibition may be rescinded for good cause by the Director of Building and Development or his or her designee.
(Ord. 18-09. Passed 5-1-18.)
1470.05   ADMINISTRATION AND ENFORCEMENT.
   It shall be the responsibility of the Director of Building and Development or his or her designee to administer, interpret and enforce the provisions of this Chapter, who may be assisted by other officials of Loudoun County, Virginia, pursuant to their respective fields. The Director of Building and Development or his or her designee will send the written notices indicated in this section to the operator, and property owner if different, by mail to the mailing address of record or the property being offered or used as short-term residential rental, as such mailing address is listed in the real estate records of the Commissioner of the Revenue.
(Ord. 18-09. Passed 5-1-18.)
Loading...