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San Bernardino County Overview
San Bernardino County, CA Code of Ordinances
SAN BERNARDINO COUNTY, CALIFORNIA CODE OF ORDINANCES
CHARTER
TITLE 1: GOVERNMENT AND ADMINISTRATION
TITLE 2: PUBLIC MORALS, SAFETY AND WELFARE
TITLE 3: HEALTH AND SANITATION AND ANIMAL REGULATIONS
TITLE 4: BUSINESS AND SPECIAL LICENSES, REGULATIONS
TITLE 5: HIGHWAYS, TRAFFIC
TITLE 6: BUILDING REGULATIONS
TITLE 7: COUNTY AIRPORTS
TITLE 8: DEVELOPMENT CODE
DIVISION 1: DEVELOPMENT CODE AUTHORITY AND APPLICABILITY
DIVISION 2: LAND USE ZONING DISTRICTS AND ALLOWED LAND USES
DIVISION 3: COUNTYWIDE DEVELOPMENT STANDARDS
DIVISION 4: STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES
CHAPTER 84.01: ACCESSORY STRUCTURES AND USES
CHAPTER 84.02: ADULT BUSINESSES
CHAPTER 84.03: AGRITOURISM ENTERPRISES
CHAPTER 84.04: ANIMAL KEEPING
CHAPTER 84.05: BED AND BREAKFAST USES
CHAPTER 84.06: CEMETERIES
CHAPTER 84.07: COMMERCIAL AND INDUSTRIAL TRANSITIONAL USES
CHAPTER 84.08: REPEALED BY ORD. 4341, PASSED - -2018
CHAPTER 84.09: FIREWOOD STORAGE
CHAPTER 84.10: GARAGE SALES
CHAPTER 84.11: HAZARDOUS WASTE FACILITIES
CHAPTER 84.12: HOME OCCUPATIONS
CHAPTER 84.13: MASSAGE SERVICES
CHAPTER 84.14: MOBILE HOME PARKS
CHAPTER 84.15: RESERVED
CHAPTER 84.16: MULTI-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS
CHAPTER 84.17: NONCONFORMING USES AND STRUCTURES
CHAPTER 84.18: PLANNED DEVELOPMENT STANDARDS
CHAPTER 84.19: RECYCLING FACILITIES
CHAPTER 84.20: SERVICE STATIONS
CHAPTER 84.21: SINGLE-FAMILY RESIDENTIAL DWELLINGS
CHAPTER 84.22: SMALL LOT RESIDENTIAL DEVELOPMENT
CHAPTER 84.23: LICENSED RESIDENTIAL CARE FACILITIES
CHAPTER 84.24: SOLID WASTE/RECYCLABLE MATERIALS STORAGE
CHAPTER 84.25: TEMPORARY STRUCTURES AND USES
CHAPTER 84.26: WIND ENERGY SYSTEMS - ACCESSORY
CHAPTER 84.27: WIRELESS TELECOMMUNICATION FACILITIES
CHAPTER 84.28: SHORT-TERM RESIDENTIAL RENTALS
CHAPTER 84.29: RENEWABLE ENERGY GENERATION FACILITIES
CHAPTER 84.30: GREENHOUSE GAS EMISSIONS REDUCTION PLAN IMPLEMENTATION
CHAPTER 84.31: REASONABLE ACCOMMODATION IN HOUSING DEVELOPMENT FOR DISABLED INDIVIDUALS
CHAPTER 84.32: SMALL UNLICENSED RESIDENTIAL CARE FACILITIES
CHAPTER 84.33: EMERGENCY SHELTERS
CHAPTER 84.34: COMMERCIAL CANNABIS ACTIVITY
CHAPTER 84.35: INDUSTRIAL HEMP
DIVISION 5: PERMIT APPLICATION AND REVIEW PROCEDURES
DIVISION 6: DEVELOPMENT CODE ADMINISTRATION
DIVISION 7: SUBDIVISIONS
DIVISION 8: RESOURCE MANAGEMENT AND CONSERVATION
DIVISION 9: PUBLIC FACILITIES FINANCING
DIVISION 10
PARALLEL REFERENCES
PARALLEL REFERENCES
CHAPTER 84.28: SHORT-TERM RESIDENTIAL RENTALS
Section
   84.28.010   Purpose.
   84.28.020   Applicability.
   84.28.030   Definitions.
   84.28.040   Permit Required.
   84.28.050   Application Process.
   84.28.060   Occupancy Standards.
   84.28.070   Conditions of Operation.
   84.28.080   Enforcement.
   84.28.090   Suspension of Permit.
   84.28.100   Revocation of Permit.
   84.28.110   Hosting Platform Requirements.
§ 84.28.010 Purpose.
   The purpose of this Chapter is to establish a permit procedure, and maintenance and operational standards, for the use of legal residential dwelling units located in the Mountain and Desert Regions as transient occupancies, to ensure the health and safety of occupants, guests, and the surrounding residential neighborhood, and to minimize negative secondary effects associated with such use.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)
§ 84.28.020 Applicability.
   Except as otherwise provided, the standards and permit procedures of this Chapter apply to all persons involved in the short-term rental of residential dwelling units as a single housekeeping unit where allowed in the Mountain and Desert Regions in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) of this Title or in connection with a legal nonconforming residential structure located in a non-residential land use zoning district. "Short-term" means 30 consecutive calendar days or less. The permit procedures of this Chapter shall not apply to the rental of an alternative shelter.
(Ord. 4011, passed - -2007; Am. Ord. 4230, passed - -2014; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4393, passed - -2020; Am. Ord. 440, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.030 Definitions.
   The definitions in this Section are intended to apply to this Chapter only. Any term which is not specifically defined herein shall have the definition as provided by Division 10 of the Development Code or elsewhere within the County Code.
   (a)   ALTERNATIVE SHELTER. Means any shelter, vehicle, or site prepared for transient occupancy rental other than a legal residential dwelling unit or commercial lodging facility. Examples of alternative shelters include, but are not limited to, tents, recreational cabins, and recreational vehicles.
   (b)   BOOKING TRANSACTION. Means any reservation or payment service provided by a person who facilitates a STR transaction between a prospective STR renter and a STR owner.
   (c)   DWELLING UNIT. Any building or portion thereof, including, but not limited to, a manufactured home, that contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the California Building Code, for not more than one family, including domestic employees of the family. Examples of a dwelling unit include, but are not limited to, a single-family dwelling unit, condominium, accessory dwelling unit, guesthouse, or any other accessory residential structure considered a dwelling unit.
   (d)   HOSTING PLATFORM. Means a marketplace in whatever form or format, which facilitates rental of a STR through advertising, match-making or any other means, using any medium or facilitation, and from which the operator of the hosting platform derives revenues from providing or maintaining the marketplace.
   (e)   INSPECTIONS-INITIAL. Means any inspection incident to the review of an application for an initial STR permit. The responsible department shall inspect the subject property to verify compliance with the standards of this Chapter.
   (f)   INSPECTIONS-RENEWAL. Means the reinspection, upon the application for renewal of a STR permit, whereby the subject property shall be inspected to ensure continued compliance with the standards of this Chapter. Notwithstanding anything to the contrary, an applicant seeking renewal of a STR permit shall comply with all applicable standards of this Chapter at the time of renewal.
   (g)   OCCUPANT. Means a person who will stay overnight in a STR. The maximum occupancy stated on a STR permit will indicate the maximum number of occupants approved.
   (h)   RESPONSIBLE DEPARTMENT. Means the department or subdivision thereof designated by the Chief Executive Officer of San Bernardino County to implement this Chapter.
   (i)   SHORT-TERM RESIDENTIAL RENTAL UNIT (STR). Means a dwelling unit or portion thereof rented or otherwise used for residential transient occupancy, as defined in § 14.0203 (Uniform Transient Occupancy Tax). A STR 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. Transient occupancy generally means occupancy for 30 consecutive calendar days or less.
   (j)   STR OWNER. Means the owner of a property, as defined in § 810.01.170 (Definitions, O), with a dwelling unit that is being used as a STR. An owner may include, but is not limited to, a person, corporation, partnership, a personal or family trust, limited liability company (LLC), or limited liability partnership (LLP). An agent may act on behalf of a property owner to manage the STR.
   (k)   STR RENTER. Means an individual who enters into an agreement or is authorized by the STR owner, regardless of remunerations, to use property as a STR. Such renter is not considered a tenant or a person who hires a dwelling unit under Civil Code § 1940.
   (l)   SURROUNDING PROPERTY OWNER. Means the owner of property that is located within the applicable distance from the STR as set forth in Table 85-2 of § 85.03.080 (Notice of Pending Land Use Decisions).
(Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.040 Permit Required.
   (a)   A property owner may use a dwelling unit as a STR only if said owner has a current valid STR permit and complies with the requirements of this Chapter and other applicable provisions of the County Code. A separate permit shall be required for each dwelling unit used as a STR when there is more than one legal dwelling unit on the parcel.
      (1)   A maximum of two STR permits may be issued for a parcel 2 acres or greater. A maximum of one STR permit may be issued for a parcel less than 2 acres.
      (2)   An individual apartment located within a multi-family residential project is not eligible for a STR permit.
      (3)   Short-term timeshare occupancy of a condominium unit may be authorized by the condominium owners' association or other governing body having jurisdiction over the timeshare complex, provided enforcement of such occupancy requirement is performed by the same association or governing body. Such occupancy shall not be subject to a STR permit.
      (4)   A STR owner shall not be eligible for more than two STR permits, provided however that a STR owner that holds more than two active STR permits on the effective date of this ordinance shall be eligible to renew applicable existing STR permits as a legal non-conforming use.
   (b)   STR renters are subject to the uniform transient occupancy tax of Section 14.0203 (Uniform Transient Occupancy Tax).
   (c)   A STR permit shall not be transferrable. A new owner that desires to use the property as a STR shall apply for a new STR permit.
   (d)   An alternative shelter shall not be eligible for a STR permit. Rental of an alternative shelter may be permitted as a campground use.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.050 Application Process.
   (a)   Application. An application for a STR permit shall be submitted to the responsible department on a pre-approved form. The required content of the form may be revised from time to time, but at a minimum shall require the following:
      (1)   Property owner name and contact information.
      (2)   Applicant name and contact information, if different from the property owner.
      (3)   Address and Assessor's parcel number for the dwelling unit, to be used as a STR.
      (4)   Total square footage of the dwelling unit to be used as a STR.
      (5)   Total number of bedrooms to be used for overnight sleeping purposes.
      (6)   The name of the managing agency, agent, or property manager, if different from the property owner, and a telephone number at which that party may be immediately reached on a 24-hour basis.
      (7)   Acknowledgment that the permittee understands and agrees to operate the STR in compliance with the regulations and requirements set forth in this Chapter.
      (8)   A fee amount to cover the application and permit fee, as set forth in the San Bernardino County schedule of fees. If additional inspections or enforcement actions are required, then the owner or applicant may be required to pay for the additional services.
   (b)   Notification Requirements.
      (1)   The responsible department shall provide notice of the application to all surrounding property owners. The notice shall provide that comments may be submitted to the responsible department up to 20 calendar days after the date of said notice.
      (2)   The responsible department shall notify the applicant if the application is approved or denied including the applicable appeal provision. Notwithstanding § 86.06.020 (Effective Date of Permits), the effective date of the STR permit will be the first business day following a 30-day appeal period identified in Subsection (e). The responsible department shall also send notice to all surrounding property owners informing them that a permit was issued including the applicable appeal provision. This notice to surrounding property owners shall contain, at a minimum, the following information:
         (A)   The name of the managing agency, agent, property manager, or owner of the dwelling unit, and a telephone number at which that party may be immediately reached on a 24-hour basis;
         (B)   The phone number of the County's 24/7 short-term rental complaint line;
         (C)   The maximum number of occupants allowed in the dwelling unit;
         (D)   The maximum number of vehicles allowed to be parked on the property; and
         (E)   A web link to on-line information regarding STR permits.
      (3)   A STR owner shall be required to update the responsible department of any changes to the name of the managing agency, agent, or property manager of the dwelling unit, and a telephone number at which that party may be immediately reached on a 24-hour basis. An updated notice shall be required, at the cost of the STR owner, when necessary to update surrounding property owners of changes to the content required by Subsection (b).
   (c)   Operation During Application Process. Notwithstanding § 84.28.040 (Permit Required), while a new application for a STR permit is pending, a dwelling unit may be used as a STR provided that the dwelling unit has been permitted by a previous owner, there are no outstanding violations, and the new owner has applied for a permit within 30 days of taking title to the property pursuant to § 84.28.040(c).
   (d)   Application Denial. An application for a STR permit or renewal of a permit under this Chapter shall be denied by the responsible department upon one or more of the following grounds:
      (1)   The application is incomplete or the applicant has otherwise failed to comply with the requirements of this Chapter.
      (2)   The applicant or permittee provided material information that is false, which the applicant reasonably should have known to be incorrect, in the application for a permit under this Chapter.
      (3)   The STR or property is not in compliance with the standards of this Chapter or other applicable County Code provisions and has failed to pass the initial or renewal inspection.
   (e)   Applicant Appeals. An applicant may appeal the denial or conditional acceptance of an application for a STR permit. Such appeal must be in writing and submitted to the responsible department within 30 calendar days following the date of the notice provided pursuant to § 84.28.050(b)(2). When the thirtieth day is not a County business day, the time frame is extended to the next County business day following the thirtieth day. The appeal shall follow the procedure set forth in § 84.28.090 (c)(2).
   (f)   Non-Applicant Appeals. Non-applicants may appeal the granting of a new STR permit. All such appeals must be submitted to the responsible department within 30 calendar days following the date of the notice provided pursuant to § 84.28.050(b)(2). When the 30th day is not a County business day, the time frame is extended to the next County business day following the 30th day. The grounds for such appeal are limited to the claim that past use of the property as a STR has not complied with one or more requirements of §§ 84.28.060(b) through (c), or § 84.28.070, or that, based on competent evidence, any prospective use for such purpose will likely not comply with one or more of such requirements. Such appeal shall be heard in the same manner as specified in § 84.28.090(c)(2). The applicant shall be provided notice of the hearing. If the appellant prevails in the appeal, then the applicant's application shall be deemed to be denied and such decision shall be the final decision of the County. No further appeal shall be available at the administrative level.
   (g)   Permit Renewal. A STR permit shall be renewed annually. Permit renewal shall be approved if the current conditions of operation and other standards in this Chapter have been met, the subject property passes the renewal inspection, and the applicable renewal and permit fees as set forth in the San Bernardino County Code schedule of fees are paid. Renewal payments submitted after permit expiration are subject to a delinquent fee pursuant to the schedule of fees. Continued use of a STR is prohibited following permit expiration until renewal payment, including any delinquent fee, has been received by the County. Failure to submit renewal payment within 45 calendar days of permit expiration, including any delinquent fee, shall result in expiration of the STR permit. The STR owner shall be required to submit a new application, pay the applicable new permit application fee, and be subject to the application process as set forth beginning in Subsection (a) above.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.060 Occupancy Standards.
   (a)   Compliance with Uniform Codes and Other Laws. At the time of issuance of a STR permit and thereafter, the STR owner shall be responsible for compliance with the California Fire Code, California Building Code, the National Fire Protection Association Standards or regulations, and any other applicable uniform codes, as adopted by San Bernardino County, and other applicable laws and codes.
   (b)   Occupancy Limits. Occupancy limits for a STR shall be determined as follows:
      (1)   Occupancy limits shall be determined based on the number of bedrooms in the STR. The number of bedrooms will be verified using County Assessor data and County building records. Example occupancies:
         (A)   Studio/Single-bedroom STR: four occupants
         (B)   Two-bedroom STR: six occupants
         (C)   Three-bedroom STR: eight occupants
         (D)   Four-bedroom STR: ten occupants
         (E)   Five-bedroom STR: twelve occupants
      (2)   Kitchens, bathrooms, toilet rooms, living rooms, dens, dining areas, halls, closets, storage or utility spaces, and similar areas are not considered bedrooms and shall not be used in the calculation for determining the maximum number of occupants.
      (3)   Occupancy Cap. Notwithstanding the allowances based on the number of bedrooms, the maximum occupancy of any STR shall not exceed 12 occupants.
      (4)   Notwithstanding the allowances for maximum occupancy, the use of a STR shall be limited by the capacity of on-site parking spaces, pursuant to the minimum parking standards required by Subsection (c) below.
   (c)   Parking. All vehicles of STR occupants and their guests must be parked on the STR property. Parking spaces may include garage, carport, and driveway spaces, and may allow for tandem parking. On-site parking areas shall be kept free from any obstructions, including, but not limited to, excessive amounts of snow, which would prevent use for vehicle parking. Only the approved parking areas/spaces pursuant to the STR permit shall be used for vehicle parking. No vehicle related to the STR shall be parked on neighboring properties or on public or private roads, or in any manner that would create an obstruction.
(Ord. 4011, passed - -2007; Am. Ord. 4230, passed - -2014; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.070 Conditions of Operation.
   The following are minimal requirements for STR operation. 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 STR shall not be used for any occupancy other than the purposes described in this Chapter. A STR shall not be used for any commercial activity, which includes but is not limited to weddings, receptions, corporate retreats, business meetings or conferences, filming, photography shoots, parties, or any similar activities, unless regulated under an applicable 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 STR owner shall administer registration prior to allowing occupancy of the STR. The registration shall include review of the STR regulations with at least one adult renter. At the time of such registration, the renter shall be provided a complete written or digital copy of the requirements of the STR permit and applicable 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 prohibition of commercial activity as described in Subsection (a) above. The registration material shall include an acknowledgement to be signed by the renter and retained in the STR owner's records. Registration materials shall be preserved for the term of the STR permit, and shall be provided to the County, when requested, to confirm compliance with STR permit conditions of operation and regulations set forth in this Chapter. If the owner fails to provide adequate directions to the dwelling unit or fails to confirm acknowledgement and understanding of the STR regulations, the conditions of operation of the STR permit may be amended by the County to require in-person registration.
   (d)   Advertising.
      (1)   Advertising that promotes a STR for a use that is not permitted is prohibited.
      (2)   All advertising, including real estate magazines, fliers, newspapers, television or radio commercials, internet pages, or web-based ads or rental platforms that promote the use of a STR prior to approval of an STR permit or while the STR permit is suspended or revoked, shall be prohibited to the extent provided by law. All advertisements featuring a permitted STR shall specify the maximum permitted number of occupants, and vehicles permitted on the STR property.
   (e)   Posted Notices within Unit. The County-issued STR permit shall be posted inside the unit on or adjacent to the front door, along with an exit/emergency evacuation map. In addition, each STR 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 STR.
      (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)   Instructions for disposal of trash 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. Enforcement may include criminal, civil, or administrative actions, or 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 dwelling 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 STR 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)   Good Neighbor Information. In addition to the required posted notices, the STR owner shall provide a brochure or document intended to remind renters that the STR is located in a neighborhood. The information should promote respect for residents of the neighborhood, including their rights to expect peace, quiet, privacy and security.
   (g)   Call Response.
      (1)   The STR owner or agent shall be personally available by telephone on a 24-hour basis and maintain the ability to make contact by phone within 30 minutes and be physically present at the property within one hour in order to respond to and remedy complaints regarding the condition or operation of the dwelling 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 report of a complaint, the STR owner must confirm whether or not the complaint is valid. If the complaint is valid, the STR owner shall immediately take corrective action within the lawful authority of the STR owner to resolve the violation, or stop the nuisance behavior that disturbs the peace for the entire duration of the occupancy of the person causing or allowing such violation or nuisance behavior. Corrective action may require immediate eviction of STR renters and contacting law enforcement, if necessary, for the removal of renters, 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 STR owner to immediately contact the appropriate law enforcement, fire, or other authority.
      (4)   Each STR owner shall keep a written record of the times and type of complaints received, what response was undertaken by the STR 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 STR permit.
   (h)   Responsibilities of STR Owner to Prevent Nuisance Behavior and Maintain Neighborhood Peace and Quiet. The STR 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 STR 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.
   (i)   Loud and Disturbing Noise.
      (1)   It is unlawful for any owner, renter, occupant, or guest located at a STR to make or allow to be made, any loud, excessive, or intrusive noise that disturbs the peace or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area. Such noises may include, but are not limited to, shouting, loud laughter, whistling, singing, playing a musical instrument, playing loud music or noise from sound making or sound amplifying devices, and barking dogs.
      (2)   The standard for enforcement of this Section is the "reasonable person" standard. The inquiry is whether the noise would disturb the peace or cause discomfort or annoyance to a reasonable person under similar circumstances.
      (3)   Factors that may be considered in determining whether a violation of this Section has been committed include, but are not limited to, the following:
         (A)   The level of noise;
         (B)   The level and intensity of ambient noise, if any;
         (C)   The proximity of the noise to the reporting party;
         (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.
   (j)   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 STR shall be kept free of hazardous conditions at all times.
      (3)   Spas/hot tubs shall be covered and locked when not in use.
   (k)   Sanitation.
      (1)   Every STR 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 STR 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.
   (l)   Trash. Trash shall be deposited in approved trash collection containers on the STR property. Trash containers shall be kept closed when not in use, never be permitted to overflow, and kept in a clean condition.
      (1)   In the Mountain Region, STR owners shall use animal-proof trash containers (unless discouraged by the County-approved refuse collection hauler) and procure trash collection service from the County-approved refuse collection hauler when said service is available. Pull-out trash service shall also be established with the County approved refuse collection hauler when said service is available. A sufficient number of trash containers based on permitted occupancy of the STR shall be procured.
      (2)   In the Desert Region, STR owners shall procure trash collection service and trash collection containers from the County-approved refuse collection hauler when said service is available except trash collection service and containers are optional if the STR owner resides on the STR property and removes trash promptly. 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.
   (m)   Animals.
      (1)   License. No person shall have, keep, or maintain any dog on the property of a STR unless he or she is able to provide proof of a current license issued by the County or other 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 STR property. No person may lawfully bring his or her dog off a STR 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 allow the animal to create excessive noise in violation of Subsection (i) of this Section.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)
§ 84.28.080 Enforcement.
   (a)   General.
      (1)   Owners and renters of a STR shall comply with the requirements of this Chapter and all other applicable sections of the County Code and other law. A hosting platform shall comply with the requirements of § 84.28.110 (Hosting Platform Requirement) and all other applicable sections of the County Code and other law.
      (2)   In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may result in remedial action by appropriate members of County staff or any enforcement officer as defined in Chapter 2 of Division 1 of Title 1 of the County Code without notice if providing notice is not reasonable considering the need for immediate remedial action, and/or if prior notice to the property owner or the renters, either verbal or written, has not resulted in appropriate remedial action by the property owner. If the violation pertains to any of the parking requirements of this Chapter, the remedy may, to the extent permitted by law, include towing of the vehicle or vehicles causing the violation of the parking requirement. Remedial actions taken under this Section, other than any criminal citations, are subject to appeal pursuant to Chapter 2 of Division 1 of Title 1 of the County Code or other applicable provision, but no request for appeal shall stay the remedial actions taken pursuant to this Section.
   (b)   Uniform Transient Occupancy Tax-Failure to Pay. Failure by the owner, or when applicable, a hosting platform to collect and remit to the Tax Collector the Uniform Transient Occupancy Tax may result in the Tax Collector pursuing any remedy against the owner or hosting platform, including imposing and collecting said tax from the owner or hosting platform, authorized under Chapter 2 of Division 4 of Title 1 of the County Code or other applicable law. Notwithstanding the duty imposed by § 84.28.110(a), the use of a hosting platform to facilitate the rental of a short-term residential rental unit shall not relieve an owner of liability for violations of this Section.
   (c)   Administrative Subpoena. The County may issue and serve an administrative subpoena as necessary to obtain specific information identified in § 84.28.110 (Hosting Platform Requirement) regarding STR listings located in the unincorporated areas of San Bernardino County. Any subpoena issued pursuant to this Subsection shall not require the production of information sooner than 30 calendar days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.
(Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)
§ 84.28.090 Suspension of Permit.
   (a)   Suspension of Permit. A STR permit may be suspended for the following reasons:
      (1)   Substandard Building or Property or Unsafe Building or Structure. Any violation of the requirements of Title 6 of the County Code may result in suspension of the STR permit and issuance of a notice of defect or notice and order to repair. Notice of such suspension shall be provided pursuant to the requirements of Chapter 1 of Division 3 of Title 6 of the County Code.
      (2)   General Violations. Any failure to comply with or respond to any notice of violation or other notice from the County requiring compliance with one or more requirements of this Chapter or other applicable provision of the County Code or other law may result in suspension of the STR permit. Property owners shall be informed of such suspension in a written notice mailed using both certified mail with return receipt and first class service. In addition, although not required, the notice may also be posted on the property and/or mailed to any additional individuals or companies listed on the permit application.
   (b)   Use of Property During Suspension and Stays.
      (1)   When a STR permit is suspended or stayed pending outcome of an appeal, the property affected by the suspension shall not be used as a STR until such time as the suspension or stay is lifted.
      (2)   Permits suspended pursuant to § 84.28.090(a)(1) will remain suspended until such time as the Building Official or his or her designee confirms that all violations have been corrected or the Building Appeals Board has ruled in favor of the appellant.
      (3)   Permits suspended for general violations, i.e., those under § 84.28.090(a)(2), will remain suspended until such time as the violations are abated, or the property owner can reasonably demonstrate substantive changes in the property management practices that would mitigate or correct the violations, or a hearing officer has ruled in favor of the appellant. If an appeal hearing for a general violation cannot be scheduled within 14 calendar days after an appeal was filed or if the hearing is scheduled but, through no fault of the appellant, not held within 30 calendar days after the appeal was filed, the suspension shall be stayed through the date a ruling on the appeal is issued.
   (c)   Appeals of Suspensions. An appeal must be filed no later than ten calendar days after the date the notice of suspension is issued. When the tenth day is not a County business day, the time frame is extended to the next County business day following the tenth day.
      (1)   The suspension of a permit pursuant to § 84.28.090(a)(1) may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0105. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.
      (2)   The suspension of a permit for a general violation may be appealed to a County-designated hearing officer. The decision by the hearing officer shall be final and no further appeal within the County shall be available. The hearing procedure shall include the following:
         (A)   At least ten calendar days written notice of the hearing shall be given to the permit holder prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the permit holder does not respond or appear, no further hearing procedure shall be required.
         (B)   Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The County shall present its case first, with oral testimony and documentary evidence or other evidence. The County shall have the right of cross-examination. The permit holder shall have the right to be represented and shall have the right of cross-examination.
         (C)   No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days following the hearing. The determination shall be in writing and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the County shall be available.
      (3)   The failure to appeal a suspension in a timely manner shall render the action to suspend final and no further appeal within the County shall be available.
(Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)
§ 84.28.100 Revocation of Permit.
   (a)   Revocation of Permit. A STR permit may be revoked for the following reasons:
      (1)   The severity of a violation of a requirement of Title 6 of the County Code necessitated the immediate vacation of the property.
      (2)   The conditions or actions that resulted in the suspension of the permit have not been abated or addressed by a demonstrable change in the business practices associated with the STR within 60 calendar days of the suspension being upheld on appeal or otherwise deemed final.
      (3)   The condition or the business practice that resulted in the suspension of the permit reoccurs within 12 months following the date the suspension was upheld on appeal or otherwise deemed final.
      (4)   A permit is suspended two times in a consecutive 24-month period, where said suspensions are either upheld on appeal or otherwise deemed final.
      (5)   The permit was obtained through fraud or deceit.
      (6)   The permit was issued in error.
   (b)   Appeals of Revocation of Permit.
      (1)   The revocation of a permit based on substandard building conditions or other violations of Title 6 of the County Code may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0105. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.
      (2)   The revocation of a permit pursuant to §§ 84.28.100(a)(2), (a)(3), or (a)(4), where the underlying violation or violations are general violations, or pursuant to §§ 84.28.100(a)(5) or (a)(6), may be appealed for a hearing before a County appointed hearing officer as defined by §§ 12.2701, 12.2702, 12.2703, and 12.2705. The procedure for such hearing is set forth in § 84.28.090(c)(2)(A) through (C) and (c)(3). A decision by the hearing officer shall be final and no further appeal within the County shall be available.
   (c)   New Application After Revocation of Permit. No application for a permit shall be permitted within 12 months after a revocation is made final.
(Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)
§ 84.28.110 Hosting Platform Requirement.
   (a)   For purposes of this Chapter a hosting platform shall be responsible for collecting all applicable uniform transient occupancy tax required by § 14.0203 and remitting the same to the County. The hosting platform shall be considered an agent of the STR owner for purposes of transient occupancy tax collections and remittance, as set forth in § 14.0203, if the hosting platform collects payment for the rental. If a hosting platform does not collect payment for rentals, the STR owner is solely responsible for the collection of all applicable transient occupancy taxes.
   (b)   Subject to applicable laws and procedures provided in § 84.28.080(c), when requested by the County, a hosting platform shall disclose, in a commonly used electronic format, the address of each STR within the unincorporated San Bernardino County listed on the hosting platform, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.
   (c)   A hosting platform shall display the County STR permit number for any STR listing located in the unincorporated San Bernardino County.
   (d)   A hosting platform operating exclusively on the internet, which operates in compliance with Subsections (a), (b) and (c) above, shall be presumed to be in compliance with this Chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this Chapter.
   (e)   The provisions of this Section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the County to be in violation of, or preempted by, any such laws.
(Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)