Sec. 54-40. Maintenance of premises.

   Every owner or operator of a hotel is responsible for maintaining all parts of the hotel, in a clean and sanitary condition, including the land on which the hotel is located. Every owner or operator is responsible for maintaining the hotel in good repair. (Mont. Co. Code 1965, §90-39; 2017 L.M.C., ch. 27, §1.)

Sec. 54-41. Inspections and report of violations of article.

   The Department is responsible for making all necessary inspections regulated under this Article and must report to the Director any violations of this Division. (Mont. Co. Code 1965, §90-40; 1972 L.M.C., ch. 16, §13; 1980 L.M.C., ch. 41, §1; 1995 L.M.C., ch. 13, §1; 2017 L.M.C., ch. 27, §1.)

   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."

Article III. BED AND BREAKFAST AND SHORT-TERM RESIDENTIAL RENTAL.*

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   *Editor's note-Former Article III, §§ 54-42--54-68, relating to trailer coach parks, was repealed by 1987 L.M.C., ch. 23, § 1. The article was formerly derived from Mont. Co. Code 1965, §§ 12-1--12-31; 1970 L.M.C., ch. 8, § 1; 1971 L.M.C., ch. 3, § 1; 1972 L.M.C., ch. 16, §§ 5, 13; 1979 L.M.C., ch. 12, §§ 1, 2; 1980 L.M.C., ch. 41, § 1. See § 29-66 et seq.

Sec. 54-42. License required.

   A person must not operate a bed and breakfast or short-term residential rental in the County without a license issued by the Director. After the initial issuance of a license, the license must be renewed once a year. (2017 L.M.C., ch. 27, §1.)

Sec. 54-43. Application for a License.

   An application for a bed and breakfast license or short-term residential rental or a license renewal for either use must be signed by the applicant and include the State Sales Tax and Use Registration number. The applicant must certify that:

   (a)   the building in which the bed and breakfast license or short-term residential rental is located complies with all applicable zoning standards under Chapter 59 of this Code;

   (b)   the total number of overnight guests in the short-term residential rental who are 18 years or older is limited to 6, and the total number of overnight guests over 18 years of age per bedroom is limited to 2;

   (c)   only habitable rooms will be used by guests;

   (d)   smoke detectors in all units and carbon monoxide detectors in all units using natural gas operate as designed;

   (e)   sanitation facilities operate as designed;

   (f)   all local taxes and required fees are paid in full;

   (g)   the dwelling unit where the bed and breakfast or short-term residential rental is located is the primary residence of the applicant;

   (h)   the applicant is the owner or owner-authorized agent of the facility;

   (i)   the applicant posted rules and regulations inside the rental, including contact information for a representative designated for emergency purposes;

   (j)   notwithstanding section 54-45(d), the applicant has not been found guilty of a violation of this Chapter in the past 36 months;

   (k)   the designated representative resides within 15 miles of the unit and will be accessible for the entirety of any contract where the primary resident is not present;

   (l)   a record of all overnight visitors will be maintained and readily available for inspection;

   (m)   where applicable, the following parties were notified:

      (1)   in a single-unit or attached unit, abutting and confronting neighbors;

      (2)   in a multi-unit building, neighbors living across the hall and those that share a ceiling, floor, and walls with the applicant’s unit;

      (3)   the municipality in which the residence is located;

      (4)   any applicable homeowners association, condominium, housing cooperative; and

      (5)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner;

   (n)   the application is not prohibited by any homeowners association or condominium document, or a rental lease;

   (o)   the common ownership community fees for the dwelling unit are no more than 30 days past due;

   (p)   except for persons visiting the primary resident, only registered guests will be allowed on the property; and

   (q)   any online rental listing will include the short-term residential rental license number. (2017 L.M.C., ch. 27, §1; 2018 L.M.C., ch. 8, §1; 2019 L.M.C., ch. 23, §1 ; 2023 L.M.C., ch. 33, §1.)