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(A)
No person, firm, or corporation shall offer any dwelling for rent or allow any long-term rental dwelling unit to be occupied without first obtaining a rental license for that unit under the terms of this chapter.
(B) No person, firm, or corporation shall own or operate a short-term rental on any premises within the city without first obtaining a rental license for that unit under the terms of this chapter.
(C) A rental license is not transferable between owners. In the event a licensee sells a rental dwelling, the new owner shall apply for a rental license within 60 days of purchasing the unit.
(D) A rental license is not transferable between long-term rental dwelling units or short-term rentals. A licensee is required to obtain a rental license for each rental dwelling unit or short-term rental he, she or it owns.
(Ord. 12-03, passed 1-18-2012; Ord. 19-09, passed 8-7-2019)
Penalty, see § 97.99
(A)
The owner of a long-term rental dwelling or host of a short-term rental shall apply to the City Clerk or his or her designee for a rental license prior to allowing that unit to be occupied or used for short-term rental.
(B) The application shall be accompanied by a non-refundable regulatory fee as provided in § 97.05.
(C) The owner of two or more residential long-term rental dwelling units that share the same street address (for example, the owner of a duplex or multi-family apartment building) may use a single application to apply for licenses for all of the units that share that address, but shall be accompanied by separate fee for each unit.
(D) Application shall be made on a form furnished to the owner or host by the city and shall set forth the following information:
(1) The name, address and telephone number of the owner of the long-term rental dwelling or unit thereof, or of the short-term rental host. If the owner or host is a partnership, the name of the partnership and the name and residence of the managing partner shall be included. If the owner or host is a corporation, the name and address of the corporation, the name of the chief operating officer and its agent for service of process in Kentucky shall be included.
(2) If the owner or host has appointed an agent authorized to maintain and manage the property, the name, business or residence address and telephone number of such agent.
(3) Every applicant, whether an individual, partnership or corporation, must identify in the application by name, residence or business street address and telephone number, the person who is actively involved in, and responsible for the maintenance and management of the premises. That person shall, if other than the owner, affix his or her notarized signature to the application, thereby accepting joint and several responsibility with the owner (including any potential criminal, civil or administrative liability) for the maintenance and management of the premises. A post office box or commercial mail receiving service is not acceptable as an address for such person.
(4) The street address (including any applicable apartment, room or unit numbers) of the long-term rental dwelling unit or unit(s) or short-term rental to which the application pertains.
(5) If the host of a short-term rental is not also its owner, the application shall include the written permission of the owner to offer the short-term rental for rent.
(E) In the event that any of the information required to be provided herein should change either before or after the rental dwelling unit license is issued, the applicant or licensee shall, within 14 days of such a change, notify the City Clerk or his or her designee, in writing, of the change.
(F) The owner of any long-term rental dwelling which has a valid occupational license upon the original effective date of this chapter shall be deemed to have been issued a rental license hereunder, provided that such owner shall be required to apply for a rental license the year after this chapter becomes effective.
(Ord. 12-03, passed 1-18-2012; Ord. 15-12, passed 12-2-2015; Ord. 19-09, passed 8-7-2019)
Penalty, see § 97.99
(A)
The regulatory fee for each rental license shall be $40 per unit per license period to compensate the city for its costs related to issuance, recording, inspection, and other costs related to the enforcement of this chapter.
(B) The license period shall be one full year, beginning on July 1 of each calendar year and ending on June 30 of the following calendar year.
(C) There shall be no proration of or reduction in the regulatory fee for the first year in which a rental license is issued.
(D) A licensee must apply to renew his or her license on or before June 1 of each year if the unit will be occupied or offered for short-term rental in the following license period. A non-refundable regulatory fee of $40 must accompany the renewal application to compensate the city for its costs related to issuance, recording, inspection, and other costs related to the enforcement of this chapter. If the application is not approved or if the licensee voluntarily withdraws his or her renewal application, the regulatory fee shall be retained by the city.
(E) There shall be a grace period for renewals, such that a license may be renewed if an application is received after June 2 and on or before June 30 for the following license period. However, such applications must be accompanied by the payment of a late fee of $20 per unit.
(F) Any license not renewed on or before June 30 for the following license period will be deemed lapsed and, if the rental dwelling unit is occupied, or if the short-term rental is offered for rent, § 97.99 shall apply.
(Ord. 12-03, passed 1-18-2012; Ord. 15-12, passed 12-2-2015; Ord. 19-09, passed 8-7-2019)
Penalty, see § 97.99
(A)
Upon receiving an application for a rental license or an application for renewal of such a license, the City Clerk or his or her designee shall refer the application to the Code Enforcement Officer, who shall review the application for compliance with this chapter.
(B) The following minimum standards and conditions shall be met in order to obtain or renew a rental license. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation or suspension of any rental license.
(1) The applicant shall have paid the required regulatory fee.
(2) The unit must not be overcrowded or illegally occupied in violation of the fire, zoning, life safety, property maintenance and/or building codes of the city.
(3) The unit must not have been used or converted to any other type of use in violation of the zoning code.
(4) If the unit is one of three or more in a single building, it is subject to a fire inspection by the city Fire/EMS Department.
(5) The unit must comply with all provisions of the applicable city fire, zoning, life safety, property maintenance and/or building codes.
(6) The applicant shall maintain a current register of all tenants and other persons with a lawful right of occupancy to any rental dwelling or short-term rental. The register shall be produced to the City Clerk upon demand by the city.
(7) The applicant shall have submitted a complete application.
(8) There shall be no delinquent property taxes, assessments or any unpaid code enforcement citations and/or liens on the rental dwelling.
(9) No adverse licensing action shall be pending against the property.
(C) In addition to the requirements of division (B), it shall be the duty of a host of a short-term rental under this chapter to ensure that:
(1) A clearly marked evacuation plan is posted on the premises;
(2) There shall be no more than one contract per short term rental at a time;
(3) At no time shall more persons reside in the short-term rental than two times the number of bedrooms plus four individuals;
(4) Short-term rental guests shall not stay in the short-term rental for more than 14 days in duration;
(5) Each floor of each short-term rental shall have a functioning carbon-monoxide alarm, each guest room and each hallway interconnecting guest rooms shall have a functioning smoke detector, and no guest room shall have more than four occupants. Additionally, all kitchen facilities shall have a functioning smoke detector; and
(6) The short-term rental shall comply with all applicable zoning regulations related to signs.
(Ord. 12-03, passed 12-18-2012; Ord. 15-12, passed 12-2-2015; Ord. 19-09, passed 8-7-2019)
Penalty, see § 97.99
(A)
When the Code Enforcement Officer or his or her designee finds that the minimum standards for licensing set forth herein have been met, he or she shall issue a rental license.
(B) When the Code Enforcement Officer or his or her designee finds that the minimum standards for licenses set forth herein have not been met, he or she shall deny the issuance of a rental license. The denial shall be in writing and shall state that the applicant shall have 30 days to appeal the denial to the Appeals Board.
(C) The issuance of a rental license shall not have the effect of changing the legal status of a rental dwelling including, but not limited to legalizing an illegally created dwelling unit, use or other circumstance, or recognizing a nonconforming use, structure or other nonconformity.
(Ord. 12-03, passed 12-18-2012; Ord. 15-12, passed 12-2-2015; Ord. 19-09, passed 8-7-2019)
Penalty, see § 97.99
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