For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. Any person having an ownership interest in, or conducting the operation of a transitory lodging establishment so as to entitle that person to all or a portion of the net receipts thereof.
PERSON. Any natural person, trustee, court-appointed representative, organization, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, state government, or any political subdivision thereof, or any board or commission thereof, state university, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representative, acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances.
TRANSITORY LODGING ESTABLISHMENT. A business that provides occupancy for guests on a temporary basis, including, but not limited to, hotels, motels, inns, resorts, campgrounds, lodging houses, rooming houses, public or private clubs, and bed and breakfast establishments; provided, however, that a city resident who leases his or her home solely during a four-week period from July 20 to August 20 annually shall not be considered as engaging in the business of transitory lodging, and shall be exempt from the provisions of this chapter.
(Ord. 17-04, passed 9-11-2017)
(A) Any establishment that offers a room or rooms for rent on an hourly, daily, weekly, or other similar basis, which is held out to the public as a transitory lodging establishment shall be subject to the licensure requirements outlined herein. The premises of the establishment shall be deemed to include all areas utilized in connection therewith, including parking areas, attached or on-site restaurants, recreation areas, or other similar properties.
(B) It shall be unlawful to operate any transitory lodging establishment without first obtaining a license in accordance with the provisions of this chapter.
(C) Transitory lodging licenses shall have a term commencing on January 1 and ending on December 31, on an annual basis.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99
(A) Application for a new or renewed transitory lodging license shall be made on a form provided by the City Clerk, which shall include:
(1) The name, address, and registered agent of the person, corporation or other entity that owns or operates the transitory lodging establishment, which identified person or entity shall be legally responsible for the lawful operation of the transitory lodging establishment.
(2) The name, address, and 24-hour telephone number of a representative of the transitory lodging establishment that will be available to interact with emergency responders to the transitory lodging establishment.
(3) The name, address and telephone number of any person utilized as a manager of the transitory lodging establishment. The manager shall be responsible for operations of the licensed premises, and each establishment must have a designated manager at all times. One person may not serve as manager for multiple licensed transitory lodging establishments. Each manager shall be subjected to a criminal background check, and shall be required to be approved by the Chief of Police. No manager shall be approved if the background check results are unacceptable to the Chief of Police. Reasons for rejection include, but are not limited to, background checks revealing that the person has been convicted of a forcible felony, of any felony involving the use of a hotel, motel, inn or other similar property, of any offense involving the manufacture, sale or distribution of an illegal drug or narcotic, or of any offense relating to pandering, pimping, solicitation of prostitution or prostitution within the ten years preceding the application. Any time there is a proposed change in the designated manager, the transitory lodging establishment must update its transitory lodging license and obtain approval of a new designated manager, following completion of a background check, prior to changing managers.
(4) A copy of any citation, violation notice, warning or other similar correspondence issued to the transitory lodging establishment by any governmental agency (state, federal or local) other than the city, in the past 36 months, relating to any alleged dangerous or unlawful condition at the transitory lodging establishment.
(5) A copy of the building plans for the transitory lodging establishment in a form acceptable to the city (unless such plans are already on file with the city in an acceptable format).
(6) A confirmation of the number of rooms constructed or to be constructed within the transitory lodging establishment, and the number and type of beds in each room.
(7) The identity and contact information, including telephone number, of the party or parties, if any, that hold a franchise agreement or name licensure agreement with the transitory lodging establishment.
(8) Such other information as shall be deemed necessary by the City Code Enforcement Officer.
(B) New or renewal applications shall be accompanied by payment of the then-current license and inspection fee, as reflected on the schedule of fees then adopted by the city. The current schedule of fees for license and inspection is $10 per room, with a maximum fee of $250 and a minimum fee of $50 per establishment.
(1) The City Council may adopt updates to the fee schedule at any time.
(2) The fee for the initial inspection for a transitory lodging establishment in the city shall be reduced by 50% for any transitory lodging establishment that applies for licensure at a time when their license shall be issued for eight or fewer months. This fee reduction shall apply to initial inspections only, and shall not apply to re-inspections or complaint-based inspections.
(C) (1) Submission of a signed application for a transitory lodging license and/or acceptance of a transitory lodging license constitutes the applicant’s consent to an inspection of any and all unoccupied portions of the licensed premises, and any portions of the premises to which the transitory lodging establishment may legally consent to inspection by the city:
(a) At any time during the normal business hours of the licensed premises, with or without advance notice; or
(b) At such other time as the city shall designate to the applicant or licensee in writing, with not less than 48 hours advance notice.
(2) Inspections pursuant to this consent may be conducted by any city personnel, including Police Department, Office of Code Enforcement, Public Works Department, or Fire Department staff, for purposes of determining compliance with the provisions of this code, or for purposes of determining compliance with any other applicable code or regulation.
(a) The consent for inspection shall extend to any portion of the premises.
(b) An applicant or licensee’s refusal to grant access to the premises for an inspection shall constitute grounds for denial of a pending application (without refund of any posted application or renewal fees), and shall constitute a violation of this code, which may subject a transitory lodging licensee to suspension or revocation of its license, imposition of fines and penalties under this code, or both. The existence of code violations shall justify suspension, denial or non-renewal of a transitory lodging license.
(c) Notwithstanding the foregoing, in the case of rooms that are actually then-occupied by a person other than an employee of the transitory lodging establishment, outside of the annual inspection or re-inspection process, the transitory lodging establishment shall not be responsible for occupants that refuse entry to city officials.
(D) Prior to issuance or renewal of a transitory lodging license, the owner or operator of a transitory lodging establishment shall submit the property to a complete inspection of the transitory lodging establishment and the premises on which it is located. The inspection shall be completed by the city’s agents or employees. The transitory lodging establishment shall make all necessary arrangements to permit the inspection to be completed during normal working hours, 9:00 a.m. - 5:00 p.m. The inspection shall include all rooms of the transitory lodging establishment, including rooms available for rent to the public, mechanical rooms, common rooms, or any other rooms whatsoever. Notwithstanding the foregoing, a transitory lodging establishment may designate one room for permanent occupancy by a manager or a representative of the transitory lodging establishment, which room shall be disclosed to the city and shall not be subject to inspection. The inspection shall be for the purpose of verifying that the transitory lodging establishment is in safe condition, in compliance with the requirements of this chapter, and in compliance with any other applicable standard, regulation, ordinance, rule, law or statute.
(1) In the event that any inspection reveals any violation of any applicable standard, the violation shall be documented in writing to the transitory lodging establishment. The transitory lodging establishment shall be responsible for correcting the conditions) within the timeline specified by the city. The city may either issue a citation to the transitory lodging establishment for any violation, or may enter into a compliance agreement, whereby the transitory lodging establishment agrees to correct the violation and/or pay a specified fine to the city in lieu of the issuance of a citation.
(2) Upon correction of any violation(s), a re-inspection of the transitory lodging establishment shall occur. The cost of re-inspection shall be billed to the transitory lodging establishment at the cost of city’s actual labor and equipment plus an administrative fee of 5%. Re-inspections shall recur until all violations are corrected.
(3) If the city receives any complaint from any source, including a complaint generated by the city, of an alleged violation of this code or any applicable legal standard, or in the event that the transitory lodging establishment makes a required disclosure to the city as described in § 121.04, the city shall conduct a re-inspection of the affected portion(s) of the transitory lodging establishment subject to the complaint. If the re-inspection reveals that the complaint was unfounded, there shall be no charge for the re-inspection. If the re-inspection reveals a violation of any applicable law or standard, the transitory lodging establishment shall be responsible for payment of re-inspection fees as outlined in the preceding paragraph, plus any costs or fines imposed.
(4) In the event that required inspections are not completed on the scheduled date(s) of inspection through no fault of the city, the transitory lodging establishment shall be subject to re-inspection charges on the date(s) of re-inspection.
(5) In the event that the city pursues legal or administrative action based upon any actual or alleged violation, and the city prevails in that action, the city shall also be entitled to recover the costs incurred by the city in providing personnel to investigate, process, prosecute, or testify at any hearing relating to such legal action, which cost shall be calculated consistent with the calculation process for re-inspection (cost plus 5%), and the transitory lodging establishment shall be responsible for such costs.
(E) Transitory lodging license applicants shall schedule written inspections with the city not less than 60 days prior to the date on which their then-current transitory lodging license expires, and shall provide written notification of the pending room inspection of all persons who are then-currently renting or who will be renting a room in the transitory lodging establishment on the scheduled dates of inspection. The transitory lodging establishment shall be responsible for obtaining authority or consent for inspection of every room in the transitory lodging establishment on the scheduled date(s) of inspection, and the transitory lodging establishment shall reasonably cooperate with the city in gaining access to every room, including, but not limited to, requiring tenants to change rooms to permit inspection of every room at the earliest possible time.
(F) In the event that the city is required to apply for or seek a search warrant for a room occupied by a rental occupant in the transitory lodging establishment, the transitory lodging establishment shall fully comply and cooperate with the city’s efforts to obtain the warrant, and shall disclose all relevant information known by the transitory lodging establishment, or its agents or employees, to the city. The city shall also be entitled to apply and authorized to obtain a search warrant for any other portion of the transitory lodging establishment, in the event that the transitory lodging establishment refuses to permit access or inspection. The failure to cooperate with the inspection program shall constitute a violation of this chapter, which may be punishable by fine or by suspension or revocation or non-issuance of a transitory lodging license.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99
(A) (1) All transitory lodging establishments in the city shall comply with all codes or ordinances that are applicable thereto, including all city property maintenance ordinances, building or fire codes, plumbing codes, and other similar codes and ordinances.
(2) No transitory lodging establishment shall operate when any portion of the premises open to the public is missing any required railings or safety structures, or when there are any open, unguarded holes, structures or excavations that present a public safety threat.
(B) All transitory lodging establishments in the city shall be required to post, in each room in a conspicuous location, any notices required to be posted under applicable federal, state or local law or ordinance.
(C) All transitory lodging establishments shall comply with the following minimum standards.
(1) (a) All rooms offered for rent or potential occupancy in the establishment shall be cleaned, at minimum:
1. Not less than monthly when unoccupied;
2. At the conclusion of each occupancy, before renting the room to another occupant; and
3. Not less frequently than every three days, when occupied.
(b) Cleaning a room shall require complete replacement and sanitary cleaning of all replaceable linens in the room (including towels, bathroom linens, and bedding other than comforters), emptying of all trash and removal of all debris, verification that all plumbing fixtures are functional and in good repair, verification of compliance with all applicable codes and regulations, and confirmation that there are no insect or vermin infestations in the room. In addition, it shall require vacuuming of all carpets, and thorough cleaning of all sanitation, bathroom, kitchen, or food preparation or storage areas. Linens shall be free of stains, holes, rips or odors, and shall be clean and sanitary. Mattresses shall be fully covered and shall similarly be free of stains, holes, rips or odors.
(c) Transitory lodging establishments shall keep a log denoting the date and time of all such room cleanings, and the identity of the person who completed the room cleaning, and such log shall be made available to the city upon request. All transitory lodging employees involved in room cleaning or sanitation shall be required to comply with reasonable standards regarding personal cleanliness, hand washing, containment of infectious diseases and similar precautions, which shall be subject to review in the reasonable discretion of the city.
(d) In the event that a transitory lodging establishment has a tenant who refuses to permit cleaning to be completed in accordance with these minimum standards, the establishment shall:
1. Document the tenant’s refusal in writing; and
2. Require the tenant to change rooms not less than weekly, to permit cleaning of rooms on at least a weekly basis.
(2) All rooms offered for rent shall be required to have: functional plumbing, including cold and hot water; working bathroom facilities, including, at minimum, a toilet and a sink; functional and clean heating and ventilation systems; functional room lighting; emergency fire escapes in accordance with all applicable codes and laws; and door locks on each room that provide reasonable security.
(3) It shall be unlawful for any person to do any of the following acts, and shall be unlawful for a transitory lodging establishment to permit any person to:
(a) Make any permanent modification to a room or to permit any person other than an agent or employee of the establishment to redecorate a room;
(b) Remain within a single room for longer than 30 days (any occupancy over 30 days shall require changing rooms at least every 30 days), exclusive of a single room designated by the establishment for permanent occupancy under § 121.03(D). Any person desirous of remaining at a transitory lodging establishment for longer than 30 days shall be required to switch rooms at least every 30 days, and establishments shall provide documentation to the city demonstrating compliance with this requirement upon request;
(c) Exceed any applicable weight, occupancy or fire load limits for any room;
(d) Tamper with or disable any smoke detectors, fire alarms, or other similar warning systems.
(4) It shall be unlawful to rent or to offer for rent any room that has an active infestation of insects, bugs, any form of lice, fleas, bedbugs (any members of the genus Climex, including, but not limited to, Climex lectularius), mice, rats or other vermin. Any transitory lodging establishment that discovers a room with the presence of any of these items present in it shall be obligated to immediately report the same to the city, prior to commencing a cleanup operation. This shall be deemed a required disclosure. The city shall be permitted to conduct a re-inspection of the affected area(s), and any other areas deemed necessary to inspect by the city (i.e., adjoining rooms and/or areas where linens are stored or cleaned), prior to the transitory lodging establishment making any change in the condition thereof. Following such a required disclosure, no room in which an active infestation is discovered shall be offered for rent to the public until such room has been re-inspected by the city and approved as safe for occupancy.
(D) It shall be unlawful to:
(1) Rent any sleeping or occupancy room (i.e., a room other than a meeting room not equipped with beds and not used for sleeping) by the hour or for any period of fewer than ten consecutive hours;
(2) Rent any sleeping or occupancy room more than once within any ten-hour period, measured from the start of one occupancy to the start of the next occupancy;
(3) Knowingly permit prostitution, pimping, gambling, illegal possession or delivery of, or trafficking in, controlled substances or other unlawful drugs, including cannabis, to occur on the premises of the licensed establishment, or to fail to discover the occurrence of such illegal acts on the premises of the licensed establishment under circumstances in which a reasonable person, exercising ordinary care and diligence, would infer that such activity is occurring, or to fail to report to the police in a timely manner any criminal activity occurring on the premises of the licensed establishment if the activity is observed by or reported to any agent or employee of the transitory lodging establishment. No transitory lodging establishment or person shall be charged with a violation of this § 121.04(D)(3), where such person immediately notifies the Police Department of the unlawful condition occurring, immediately after discovery thereof.
(E) Rooms offered for rental may be equipped with a refrigerator, a microwave and/or a coffee maker, but shall not be equipped with other kitchen appliances, such as hotplates, stoves, ovens or similar items. Any electronic device shall be plugged into an outlet, and shall not make use of power strips or extension cords for normal operation.
(F) The city may adopt additional or more detailed health and sanitation standards for transitory lodging establishments, which standards may be adopted once they have been approved by the joint agreement of the City Code Enforcement Officer, the Director of Public Works, the Police Chief and the Fire Chief. Any such changes shall be circulated to the City Council, in writing, within ten days of the date of approval by staff.
(G) All transitory lodging establishments shall be required to post a conspicuous notice on the interior of their doors, in a form and size acceptable to the City Code Enforcement Officer, advising occupants of the city’s license and inspection protocol, and providing contact information for complaints or questions that the occupants may wish to direct to the city.
(H) It shall be unlawful to rent or to offer for rent any room that violates or fails to satisfy any of the foregoing minimum standards.
(I) In addition to all applicable local requirements, all rooms shall comply with all applicable federal or state regulations, including, but not limited to, the Americans with Disabilities Act and any state regulations affecting room occupancy.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99
(A) Responsibility of the City Code Enforcement Officer. The City Code Enforcement Officer shall be responsible for approval, suspension or revocation of transitory lodging licenses.
(B) Initial approval or renewal.
(1) A transitory lodging license shall be issued to a qualified applicant that has successfully completed an inspection (or has satisfactorily addressed concerns and has been successfully re-inspected following a preliminary inspection that revealed violations or concerns).
(2) In the event of a transitory lodging establishment that has pending violations or concerns that have not been addressed, but where the operator of the establishment is undertaking reasonable measures to address the violations or concerns, the City Code Enforcement Officer may issue a temporary or conditional transitory lodging license that requires compliance by a certain date, which license shall become unconditional at such time as the City Code Enforcement Officer certifies in writing that the conditions have been re-inspected and are satisfied. Such a conditional license may be revoked in accordance with its terms.
(3) The City Code Enforcement Officer may deny a transitory lodging license application or may refuse to issue a renewal license to any applicant that is in violation of this code or an applicable standard, or may require compliance and re-inspection prior to issuing a new or renewal license. The decision of the City Code Enforcement Officer to deny a transitory lodging license or a renewal application may be appealed to the City Council, but the decision shall remain in effect pending any such appeal.
(4) No license shall be issued to or renewed for any applicant, where the applicant, the premises proposed for licensure, or the manager listed on the application is delinquent in the payment of any obligation of any form to the city.
(C) Suspension or revocation.
(1) In the event of any single violation of this code that presents an urgent, substantial and unjustified threat to public health, welfare, safety or morals, the Commissioner of Public Health and Safety (or appointed designate) may suspend the transitory lodging license without prior notice, conditioned upon the establishment immediately working to rectify the concern. In the event of such an emergency suspension, the Commissioner of Public Health and Safety (or appointed designate) shall afford the establishment with an opportunity for a hearing before him or her within three business days of the emergency suspension.
(2) In the event of any other proposed suspension or revocation of a transitory lodging license, the City Code Enforcement Officer shall provide the transitory lodging establishment with not less than four business days written notice of his or her intention to conduct a hearing, either before himself or herself or before a city administrative hearing officer, to determine whether there are violations of this code that merit suspension or revocation of the transitory lodging license.
(a) It is the stated policy of this chapter that fines, suspensions and revocations shall be progressive in nature. Any single serious offense may justify suspension or revocation. Less serious offenses shall be considered cumulatively and may, in the aggregate, merit suspension or revocation. Suspensions shall be for a period of up to 30 days. A transitory lodging license that is revoked may not be reapplied for by the same applicant during the then-current term of licensure.
(b) In the event that a suspension or revocation is placed into effect, based upon an urgent, substantial and unjustified threat to public health, welfare, safety or morals, the suspension may take effect immediately. Suspension or revocation for any other reason shall require at minimum a five-day waiting period following the conduct of the hearing before taking effect.
(c) The decision of the party conducting the hearing shall be prepared and delivered to the transitory lodging establishment in writing.
(3) The decision of the City Code Enforcement Officer to suspend or revoke a transitory lodging license may be appealed to the City Council, but such suspension or revocation shall remain in effect pending the outcome of the appeal. The decision of an administrative hearing officer to suspend or revoke a transitory lodging license may be appealed, in accordance with the procedures for appealing the decision of an administrative hearing officer, to the Circuit Court.
(D) Ordinance violation in circuit court. In the alternative to any of the foregoing procedures, the city may elect to pursue any violation of this code as an ordinance violation in the Circuit Court for Randolph County, or may seek to pursue an equitable remedy, such as an injunction to require compliance with this code, to abate any violations, to suspend or revoke a transitory lodging license, or to prevent operation of a facility without a transitory lodging license.
(E) Compliance agreement. In lieu of pursuing any of the foregoing remedies or at any time during the pendency of any of the foregoing actions, the City Code Enforcement Officer may enter into a compliance agreement with a property owner or transitory lodging establishment operator. The compliance agreement shall specify an agreed fine to be paid to the city (if any), and the terms or conditions under which the establishment shall operate, shall rectify any violations, or shall terminate operations. The compliance agreement shall include any other terms deemed acceptable to the City Code Enforcement Officer.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99
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