(a) No residential rental property owner shall allow to be occupied, advertise for occupancy, solicit occupants of, or let to another person for occupancy any residential rental unit within the city that has not been permitted as residential rental unit by the city. All owners of a residential rental unit shall have filed a permit application for the physical address of each building with the city. Failure to make truthful disclosures of the information required under division (b)(5) below, or if the information disclosed reveals three or more health, nuisance, or other code violations resulting in citations and fines payable to the city within the previous three calendar years, shall be cause for the city to elect to deny the permit. An application for a residential rental permit shall be available to access in person and on the city's webpage. A technological problem or failure that temporarily prevents the use of an online application shall not violate this section. A residential rental property owner and/or the designated contact person shall notify the city in writing within 30 calendar days after any change to the information provided on the application.
(b) The application and supporting forms shall require the following information:
(1) Name, mailing address, and phone number of the property owner;
(2) If the property owner does not reside within fifty (50) miles from Sioux Falls city limits, the name, phone number, email, and mailing address of a contact person(s), who shall reside within fifty (50) miles from Sioux Falls city limits, and be authorized to make or order repairs or services for the property, if in violation of city ordinances or state law;
(3) The street address of the residential rental unit;
(4) The number and type of units; i.e., dwelling units or sleeping rooms; and
(5) Whether the owner or responsible party as defined by § 40.002 of this Code, have, within the previous three calendar years, been in violation and failed to make timely corrections of health, nuisance or other code violations, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043, and 94.044 of this Code, to any property or properties in any municipality, including the city.
(6) The name, mailing address, email, and phone number of the individual licensed as a broker, broker associate, property manager, or residential rental agent with the South Dakota Real Estate Commission who manages the residential rental unit. (if applicable).
(c) In the event that any of the information required by this section changes, the applicant or permittee shall, within 30 days, notify in writing the director of planning and development services of the change.
(d) The fee for the permit shall be $50 beginning on July 1, 2024. The fee shall be waived for any new construction property that receives a permit prior to tenant occupancy.
(e) The applicant must attend a minimum of two hours of course curriculum, which has been approved by the director of planning and development services, prior to the residential rental permit approval. The applicant shall be exempt from this provision if the applicant's property will be managed by any individual licensed as a broker, broker associate, property manager, or residential rental agent with the South Dakota Real Estate Commission.
(f) Any applicant who is permitting a short-term rental unit under this subchapter shall provide proof of a state sales tax license unless the applicant provides documentation, acceptable to the director of planning and development services, that proves sales tax will be remitted on behalf of the applicant by a third party. The applicant shall also provide proof of a state health department lodging license pursuant to SDCL 34-18 and any other state license required by law.
(g) Any property owner who allows to be occupied, advertises for occupancy, solicits occupants of, or lets to another person for occupancy any residential rental unit within the city that has not been permitted per this section shall be subject to the penalty provisions of § 10.999. This provision shall be effective on July 1, 2024.
(1992 Code, § 11-112) (Ord. 111-03, passed 11-17-2003; Ord. 58-07, passed 4-16-2007; Ord. 49-11, passed 7-5-2011; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)