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(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)
(a) Each permit may be revoked upon the city’s issuance of any notice of a fourth health, nuisance or other violation when the permit holder has been subject to three health, nuisance or other code violations resulting in citations and fines payable to the city within the previous three calendar years, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043 and 94.044 of this Code, as to any property in the city.
(b) No action revoking a permit pursuant to this subchapter for a residential rental unit shall be undertaken by the city without notice and a reasonable opportunity for the owner to bring the unit into compliance with applicable city ordinances. The director of planning and development services shall have the authority to revoke any permit for a particular residential rental unit if it is determined that the property is in serious and continued substantial noncompliance with any applicable city ordinance.
(c) Appeals from a decision revoking a permit for a residential rental unit shall be pursuant to the appeals process of the International Property Maintenance Code and §§ 30.040 through 30.046 of this Code. No action revoking a permit for a residential rental unit shall be deemed effective until all appeals have been exhausted, including any appeal to circuit court, or the time for filing any appeal shall have passed without an appeal being filed.
(d) Once revoked, the property owner shall make an application for a residential rental permit if the property owner proposes to use the property as a residential rental unit. A permit shall not be issued until completion of the following:
(1) Abatement of any health, nuisance or other code violation at the property;
(2) Satisfactory city inspection and approval of the dwelling unit’s habitability; and
(3) Payment of all outstanding code enforcement citations issued by the city to the owner or responsible party for the subject property.
(1992 Code, § 11-113) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011; Ord. 109-23, passed 11-21-2023)
(a) Whenever the director of planning and development services determines that a short-term rental unit has failed to meet the requirements of any applicable city ordinance, the city shall proceed with enforcement as provided within the applicable ordinance. The city may suspend a residential rental permit issued for a short-term rental unit that has been subject to two health, nuisance or other code violations resulting in citations and fines payable to the city within the previous one year, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043 and 94.044 of this Code, as to any property in the city. The suspension shall be rescinded once the permittee has provided a corrective action plan that is satisfactory to the director of planning and development services. In addition to all other remedies, the city may seek to enjoin any unit from being operated as a residential rental unit that is not properly permitted by the city.
(b) The city shall provide each permittee access to information that details any code violation(s), correction(s) and any other information deemed appropriate by the director of planning and development services.
(1992 Code, § 11-114) (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)
To transfer a permit for a residential rental unit from one owner, owner’s contact person(s), or management company to another, the applicant shall give written notice, including the name and address of the transferee, to the city of the transfer within 30 days after the transfer. There shall be no fee associated with the transfer of a permit if the applicant complies with this section.
(1992 Code, § 11-115) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)
No permit issued for a residential rental unit shall be deemed to cure, waive or grant a right of continued operation for property that is determined to be in violation of any applicable ordinances of the city.
(1992 Code, § 11-116) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011)
(a) All short-term rental units shall provide their guests with a document that includes the following information:
(1) An emergency phone number for the property owner or his/her contact person.
(2) Emergency and non-emergency phone numbers for the City of Sioux Falls.
(3) The short-term rental unit's physical address.
(4) A statement that: "Guests are expected to be courteous to all neighbors and to respect property boundaries."
(5) Any additional information deemed necessary by the director of planning and development services.
(b) This information shall also be posted in a conspicuous location within the short-term rental unit.
(Ord. 109-23, passed 11-21-2023)
ELECTRICITY
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