No person shall operate a short-term vacation rental within the jurisdiction of the city unless all of the following requirements are met, and the person is in compliance with all applicable provisions of Title 16 of this municipal code:
A. Business license. The owner must maintain a current and valid business license issued by the city pursuant to Chapter 5.04 of this municipal code at all times while operating a short-term vacation rental at the property.
B. Owner’s authorized agent or representative. If the owner designates an owner’s authorized agent or representative to act on the owner’s behalf in the day-to-day operations of the short-term vacation rental, the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the transient occupants of the owner's short-term vacation rental unit or their guests. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner’s behalf.
C. Responsible person. A short-term vacation rental must have a responsible person designated for the rental period who shall be legally responsible for ensuring that all transient occupants and their guests comply with all applicable laws, rules and regulations relating to the use and occupancy of the short-term vacation rental. The responsible person(s) shall be a transient occupant of the short-term vacation rental who is at least twenty-one (21) years of age.
D. Bedrooms. Each bedroom in a short-term vacation rental shall have at least one (1) window, one (1) emergency escape/rescue opening, and one (1) closet or storage nook. Additionally, the bedroom must be accessible to a bathroom without crossing into another bedroom.
E. Maximum number of transient occupants. The maximum number of transient occupants and guests, including the responsible person(s), permitted to occupy any short-term vacation rental unit shall be within the ranges set forth in Table 5.27-01, below, to comply with all applicable building, fire, health and safety standards and requirements of local, state and federal law, including, but not limited to, this municipal code:
SHORT-TERM VACATION RENTAL OCCUPANCY LIMITS AND PARKING VIOLATIONS* | |||||
Number of Bedrooms | Total Overnight Transient Occupants | Additional Day Time Transient Occupants (Guests) | Total Daytime Occupancy | Total Vehicles Allowed On-Site (Overnight) | Total Vehicles Allowed On-Site (Daytime) |
SHORT-TERM VACATION RENTAL OCCUPANCY LIMITS AND PARKING VIOLATIONS* | |||||
Number of Bedrooms | Total Overnight Transient Occupants | Additional Day Time Transient Occupants (Guests) | Total Daytime Occupancy | Total Vehicles Allowed On-Site (Overnight) | Total Vehicles Allowed On-Site (Daytime) |
Studio | 2 | 1 | 3 | 1 | 2 |
1 | 2 | 1 | 3 | 1 | 2 |
2 | 4 | 1 | 5 | 2 | 3 |
3 | 6 | 1 | 7 | 3 | 3 |
4 | 8 | 1 | 9 | 3 | 3 |
5 | 10 | 0 | 10 | 3 | 3 |
For Estate Residential (ER) and Rural Residential (RR) Zones: | |||||
Studio | 2 | 1 | 3 | 1 | 2 |
1 | 2 | 1 | 3 | 1 | 2 |
2 | 4 | 1 | 5 | 2 | 3 |
3 | 6 | 1 | 7 | 3 | 4 |
4 | 8 | 1 | 9 | 3 | 4 |
5 | 10 | 0 | 10 | 3 | 4 |
*Residents of "hosted rental unit" locations do not count towards maximum occupancy levels | |||||
This requirement shall not apply to hosted rental units.
F. Compliance with applicable laws. The owner, the owner’s authorized agent or representative and the designated local contact person, as applicable, shall use reasonably prudent business practices to ensure that the transient occupants and guests of the short-term vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.
G. Prompt response to complaints. During the period that a short-term vacation rental is rented, the owner, the owner’s authorized agent or representative and/or the designated local contact person, as applicable and as so designated by the owner, must be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding in person to the property within thirty (30) minutes of a complaint being made regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental, and must take such remedial action as is necessary and reasonable to resolve such complaints. Upon notification that any transient occupant and/or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental, the owner, owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall promptly respond to immediately halt or prevent a recurrence of such conduct by the transient occupants and/or guests. Failure of the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, to respond to calls or complaints regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental in a timely and appropriate manner as required by this section shall be subject to all administrative, legal and equitable remedies available to the city.
H. City notification of violations. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall report to the city manager the name, violation, date, and time of disturbance of each person involved in any disorderly conduct activity, disturbance or other violation of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.
I. Listings. All internet listing sites and listing numbers associated with a short-term vacation rental shall be submitted to the city with the monthly Transient Occupancy Tax (TOT) return forms due to the city pursuant to Section 3.24.080 (Reporting and Remitting) of this municipal code.
J. Sound equipment. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental at any time.
K. Noise requirements. The short-term vacation rental shall be subject to the provisions as described under Section 16.30 (Noise).
L. Renter requirements. Prior to occupancy of a short-term vacation rental, the owner or the owner’s authorized agent or representative shall:
1. Obtain the name, personal telephone number, address, and a copy of a valid government identification of the responsible person and all transient occupants over the age of eighteen (18);
2. Provide a copy to and review the good neighbor brochure with the responsible person and all transient occupants over the age of 18;
3. Require the responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance by all transient occupants of the short-term vacation rental and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental; and
4. The information required by this subsection shall be maintained by the owner or the owner’s authorized agent or representative for a period of three (3) years and shall be made readily available upon request to the city.
M. No self check-in. Self check-in shall be prohibited at the short-term vacation rental. Lock boxes shall not be permitted for access to the short-term vacation rental. The owner or the owner’s authorized agent or representative shall meet the responsible person at the subject property to verify the identity of transient occupants, provide a copy of the good neighbor brochure, and conduct check-in procedures to all transient occupants eighteen (18) years and older.
N. Trash and refuse. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler on scheduled trash collection days. The owner, the owner’s authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.20 (Nuisances Generally) and Chapter 8.24 (Litter) of this Municipal Code.
O. Parking. Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01, and Section 16.44.260 of this municipal code.
P. No roof access. Due to neighborhood privacy concerns and potential risks of bodily harm, accidental death and other safety concerns, standing, sitting, sleeping, lying, walking or running on the roof of any short-term vacation rental is prohibited. Violation of this prohibition shall result in the immediate removal of all transient occupants and guests from the subject property.
Q. Permit and good neighbor brochure displayed on-site. The owner, the owner’s authorized agent or representative and/or the designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental.
R. Payment of transient occupancy tax. The owner and/or the owner’s authorized agent or representative shall comply with all provisions of Chapter 3.24 (Transient Occupancy Tax) of this municipal code concerning the payment of Transient Occupancy Taxes (TOT), including, but not limited to, submission of a monthly reporting and remitting requirements in compliance with Section 3.24.080 of this municipal code, which shall be required to be filed monthly even if the short-term vacation rental was not rented during such month. This calculation shall include “cleaning fees”, “resort fees”, and “other” fees as part of the total “rent” charged for the short-term vacation rental.
S. Life/safety compliance. The property that is the subject of the short-term vacation rental must meets basic life/safety requirements (including, but not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, first aid kit) and shall comply with minimum operating standards.
T. Signage. All short-term vacation rentals shall comply with the signage requirements under Section 16.38.050 of this municipal code.
U. No commercial filming permitted on-site. No commercial filming or related activities described under Section 16.70.030 of this municipal code, shall occur on-site of the short-term vacation rental property concurrently with an active short-term vacation rental permit.
V. No commercial, special or temporary events permitted on-site. No commercial, special or temporary events, or similar non-residential activities requiring the issuance of a temporary use permit pursuant to Chapter 16.70 of this municipal code or other approval issued by the city, shall occur on-site of the short-term vacation rental property concurrently with an active short-term vacation rental permit.
W. Permitted guest hours. Guest hours permitted at the short-term vacation rental shall be limited from 7:00 a.m. to 10:00 p.m. daily.
X. Additional requirements. The city manager shall have the authority to impose additional conditions or restrictions on any permit in the event of any violation of the operating requirements under this section or the provisions of this chapter or applicable provisions of Title 16.
(Ord. 582 § 4, 2022; Ord. 561-20 Exhibit A, 2020)