(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