§ 84.28.070  Conditions of Operation.
   The following are minimal requirements for short-term residential rental units.  These are in addition to any other applicable requirements of this Chapter, other applicable provisions of the County Code, or other law.
   (a)   Prohibited Uses of Property.  A short-term residential rental unit may not be used for any transient occupancy other than the purposes described in the definition of short-term residential rental unit set forth in § 84.28.030(i), and in conformity with the requirements of this Chapter.  A short-term residential rental unit shall not be used for any commercial activity, which includes but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, filming photography shoots, a fraternity party, or any other similar gathering, unless regulated under an approved County-issued permit.
   (b)   Record Keeping. The property owner or property manager shall maintain records sufficient to prove compliance with this Chapter and other applicable laws.  These records shall be maintained so that they can be readily provided to the County, and provided in such a manner that establishes that the property owner or property manager is routinely maintaining such records.
   (c)   Registration.  The short-term residential rental unit owner, as defined in § 84.28.030(g), shall administer registration prior to allowing occupancy of the rental unit.  The registration shall include review of the short-term residential rental unit regulations with at least one adult renter of the rental unit.  At the time of such registration, the renter shall be provided a complete written or digital copy of the rental unit rules and regulations, as well as disclosure of the penalties associated with violations.  The registration material shall advise the renter of the occupancy and vehicle/parking limitations, responsibility to avoid nuisance behavior, and that the use of the rental unit for commercial activity, which includes, but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, fraternity parties, or any other similar gatherings shall be prohibited unless authorized by a County-issued permit.  The registration material shall contain a space for an acknowledgement to be signed by the renter as having read, understood and agreed to all provisions.  Registration materials shall be preserved for the term of the short-term residential rental unit permit, and shall be provided to the County, when requested, to confirm compliance with short-term residential rental unit permit conditions of operation and regulations set forth in this Chapter.  If the owner fails to provide adequate directions to the unit or fails to confirm acknowledgement and understanding of the rental unit rules and regulations, the conditions of operation of the short-term residential rental unit permit may be amended by the County to require in-person registration.
   (d)   Advertising.
      (1)   Advertising that promotes a short-term residential rental unit for a use that is not permitted or could not be permitted by this code or other law, is prohibited.
      (2)   All advertising, including real-estate magazines, fliers, newspapers, television or radio commercials, internet pages, or coupons, that promote the use of a short-term residential rental unit prior to approval of a short-term residential rental unit permit pursuant to § 84.28.040(a), shall be prohibited.  All advertisements featuring a permitted short-term residential rental unit shall specify the maximum permitted number of occupants and vehicles for the rental unit.
   (e)   Posted Notices within Unit.  The County-issued short-term residential rental unit permit shall be posted inside the unit on or adjacent to the front door, along with an exit/emergency evacuation map.  In addition, each short-term residential rental unit shall have a clearly visible and legible notice posted in a prominent location within the unit, containing the following information:
      (1)   The address of the short-term residential rental unit.
      (2)   The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be immediately reached on a 24-hour basis.
      (3)   The maximum number of occupants permitted to stay overnight in the unit.
      (4)   The maximum number of vehicles allowed to be parked on the property.
      (5)   The contact person or agency, and phone number for snow removal.
      (6)   Notification of the arrangements that the owner has made to allow the renter to properly store and dispose of trash or refuse in accordance with the requirements of this Chapter.
      (7)   Notification that failure to comply with the requirements of this Chapter, including parking and occupancy standards, as well as public and private nuisance standards, is a violation of the County Code, and that such violation may result in enforcement actions to address the violation.  These may include actions to abate the nonconformity, the institution of criminal, civil, or administrative actions, or, under certain circumstances, the calling of law enforcement for the removal of guests and their vehicles from the property to the extent authorized by law.  The notification shall state in a prominent format that users of the unit are prohibited from disturbing the peace of the surrounding neighborhood and that doing so is a violation of this Chapter and the rental agreement.
      (8)   Location of utility service connections, including how to access service connections and instructions and any tools necessary to disconnect the short-term residential rental unit from utility services in the event of an emergency.
      (9)   Phone numbers of local emergency medical and law enforcement services.
      (10)   Property boundary map for the purpose of deterring trespassing on other privately owned properties and identification of the approved parking area(s).
   (f)   Call Response.
      (1)   The short-term residential rental unit owner or agent shall be personally available by telephone on a 24-hour basis and maintain the ability to be physically present at the property within one hour in order to respond and remedy calls or complaints regarding the condition or operation of the unit or the behavior of persons on the property in violation of this Chapter or other law.
      (2)   On a 24-hour basis, within one hour of receiving a call or a complaint, the short-term residential rental unit owner must confirm whether or not the complaint is valid.  If the complaint is valid the short-term residential rental unit owner shall immediately take corrective action within the lawful authority of the owner to abate the violation, or to cause the nuisance behavior that disturbs the peace of the neighboring properties to stop, for the entire duration of the occupancy of the person causing or allowing such violation or nuisance behavior. Such corrective action may necessarily include, under certain circumstances, the contacting of law enforcement, County officials, or other appropriate officials for the removal of guests and their vehicles from the property to the extent authorized by law.
      (3)   Calls or complaints about physical conditions or circumstances that constitute an immediate threat to the public health and safety shall obligate the owner to immediately contact the appropriate law enforcement, fire, or other authority.
      (4)   Each owner shall keep a written record of the times and type of complaints received, what response was undertaken by the owner, and when such complaints were resolved. This written record shall be made available to the County upon request, and shall be retained by the owner for the term of the short-term residential rental unit permit.
   (g)   Responsibilities of Owner to Prevent Nuisance Behavior and Maintain Neighborhood Peace and Quiet.  The owner shall take all lawful action necessary to ensure that renters and occupants abide by the terms of this Chapter and other applicable provisions of the County Code and law.  The owner must inform renters and occupants that they are not to violate any noise standards, parking standards, or otherwise create a public or private nuisance.
   (h)   Loud and Disturbing Noise.
      (1)   It is unlawful for any owner, renter, occupant, or guest located at a short-term residential rental unit to make, cause to be made, or allow to be made, either willfully or through failure to exercise control, any loud, excessive, impulsive, or intrusive noise that disturbs the peace or quiet or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area.  Such types of noises or actions causing noises include, but are not limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, emitting or transmitting any loud music or noise from any mechanical or electrical sound making or sound amplifying device, and the habitual barking, howling, or crowing of animals.
      (2)   The standard for enforcement of this subdivision is the “reasonable person” standard. The inquiry is whether the noise would disturb the peace or quiet or cause discomfort or annoyance to a reasonable person under the same or similar circumstances.
      (3)   Factors that may be considered in determining whether a violation of this Subdivision has been committed include, but are not limited to, the following:
         (A)   The level of noise;
         (B)   The level and intensity of the background (ambient) noise, if any;
         (C)   The proximity of the noise to the residential unit in question;
         (D)   The time of day or night the noise occurs;
         (E)   The duration of the noise;
         (F)   Whether the noise is constant, recurrent, or intermittent; and
         (G)   Whether the noise is produced by a mechanical or electronic device.
   (i)   Safety.
      (1)   Solid fuel burning outdoor fireplaces, chimineas, barbeques, and fire pits are prohibited in the Mountain Region.
      (2)   The interior and exterior of the short-term residential rental unit shall be kept free of hazardous conditions at all times.
      (3)   Spas/hot tubs shall be covered and locked when not in use.
   (j)   Sanitation.
      (1)   Every short-term residential rental unit shall be cleaned after each occupancy change in order to make the unit sanitary.
      (2)   If linens are provided for use by renters, said linens will be exchanged for clean linens after each occupancy.
      (3)   The exterior of the short-term residential rental unit shall be maintained and kept fee of debris.
      (4)   Spas/hot tubs shall be maintained and cleaned as frequently as needed to preserve sanitary conditions.
   (k)   Trash/Refuse.  Trash shall be deposited in approved trash collection containers on the short-term residential rental unit property.  Trash containers shall be kept closed when not in use, never be permitted to overflow, and kept in a clean condition without excessive build-up of encrusted wastes in or on the container.
      (1)   In the Mountain Region, short-term residential rental unit owners shall procure pull-out trash collection service and animal-proof trash containers from the County-approved refuse collection hauler when said service is available.  A sufficient number of containers based on occupancy levels of the rental unit shall be procured.
      (2)   In the Desert Region, short-term residential rental unit owners shall procure trash collection service and trash collection containers from the County-approved refuse collection hauler when said service is available.  A sufficient number of containers based on occupancy levels of the rental unit shall be procured.
      (3)   Trash shall be removed from the premises after each occupancy unless routine commercial trash collection is provided to the premises.
   (l)   Animals.
      (1)   License.  No person shall have, keep, or maintain any dog on the property of a short-term residential rental unit unless he or she is able to provide proof of a current license or license tag issued by the County or other applicable municipal dog licensing agency.
      (2)   Control of Animals.  No person owning or having control of any animal shall permit such animal to stray or run at large upon any unenclosed area on or off the short-term residential rental unit property.  No person may lawfully bring his or her dog off a short-term residential rental property unless the dog is restrained by a leash and the person is competent to restrain the dog, or the dog is properly restrained and enclosed in a vehicle, cage, or similar enclosure.
      (3)   Noise.  It shall be unlawful for any person owning or having control of any animal to be allowed to create excessive noise in violation of Subdivision (h) of this section.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019)