(A) The village recognizes that one of our largest industries is tourism. The tourism market supports many different types of businesses including the hospitality market, the restaurant/dining market, the shopping and retail market as well as a host of others. The village believes that the tourism industry will continue to grow.
(B) The village recognizes that a major part of the tourism industry is the short-term rental or vacation rental marketplace. The short-term or vacation rental marketplace within the village has grown exponentially in the past five, ten, 15 and even 20 years and it will most likely continue to grow as surrounding municipalities limit, restrict and eliminate the practice.
(C) The village needs to take action to ensure that the operation of short-term rentals is done in a safe and controllable manner for the well-being of all in the community. The intent of these regulations is not to restrict or eliminate short-term rentals; rather the intent is to have safeguards in place to protect the consumer as well as the property owner, surrounding neighbors and emergency responders.
(Ord. 210, passed 6-14-2017)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOCAL AGENT. An individual designated to oversee the short-term rental of a rental unit in accordance with this chapter and to respond to calls from renters, concerned citizens, and representatives of the village. The local agent must live or maintain a physical place of business within 45 miles of the rental unit used for short-term rentals. A property owner who meets these criteria may be the local agent.
OWNER. Shall mean the individual or entity who is the legal or equitable titleholder and/or who controls the premises occupied by one or more rental units.
RENTAL UNIT. Any residential dwelling which is in whole or in part occupied by one or more person(s) pursuant to an oral or written agreement for monetary or any other consideration, but which persons are not acquiring an ownership interest in the dwelling. This shall include single family, two- family and multiple-family dwellings, short-term rentals and rooming or boarding houses. A RENTAL UNIT shall not include transient dwelling structures such as bed and breakfasts, and shall not include dwellings that are occupied only by members of the owner’s immediate family.
SHORT-TERM RENTAL. Shall mean the rental of any rental unit for a term of less than one month, but does not include the use of transitional housing operated by a nonprofit entity, group homes such as nursing homes and adult foster care homes, hospitals, or housing provided by a substance abuse rehabilitation clinic, mental health facility, or other health care related clinic. Housing units owned by a business entity and made available on a temporary basis to employees of that business entity or employees of a contractor working for that business entity are not short-term rental units.
SHORT-TERM RENTAL UNIT PERMIT. A written document issued by the village indicating that the rental unit identified thereon is then in compliance with the housing and property maintenance code. A short-term rental unit permit shall be valid for one year from the date of the inspection that found the rental unit in compliance, absent newly or later detected violations of the housing and property maintenance code, this chapter or other applicable laws, rules or regulations, or a revocation of the permit pursuant to this chapter within that time, and the expiration date shall be shown on the permit. A permit shall be valid for one year from date of issuance unless terminated due to a violation and shall be renewed annually.
TENANT. Shall mean any person, other than a legal or equitable titleholder, occupying or possessing all or any part of a rental unit.
VILLAGE. Shall mean the department, officer or individual designated by the Village Manager or Village Council to administer all or any part of the registration and inspection programs under this chapter.
(Ord. 210, passed 6-14-2017)
(A) The owner of a short-term rental unit shall register it with the village within ten days after the date of acquiring ownership or control of a previously registered short-term rental unit, or in the case of a newly constructed or converted short-term rental unit, before that short-term rental unit is occupied.
(B) To register a short-term rental unit, the owner shall:
(1) Truthfully provide and certify as true the following information on a form provided by the village:
(a) Name, address, and telephone numbers of the owner and any agent for the owner;
(b) The street address of the short-term rental unit, along with other identification if more than one short-term rental unit has the same street address;
(c) The number of short-term rental units in the building, if more than one;
(d) The number of bedrooms in each short-term rental unit, and the intended number of occupants in each short-term rental unit;
(e) A scaled floor plan;
(f) A copy of the lease form containing the required disclosures including, but not limited to, the maximum occupancy load, off-street parking requirements, the local landline telephone number of the unit, noise regulations and other ordinance requirements;
(g) A statement in the application form detailing:
1. The term of the rental (daily, weekend, weekly, etc.);
2. The name, address, telephone number(s) (local and cell phone), electronic mail address and other contact information of the designated local rental agent, and written authorization for that agent to act on the owner's behalf, including, without limitation, acceptance of service of legal papers on the owner's behalf, and the agent's written acceptance of that agency;
3. The maximum occupancy load; and
4. Proof that the homestead exemption is legally appropriate or is not being claimed.
(h) A statement certifying that each bedroom has a working smoke alarm, that there is a working carbon monoxide detector on each floor, and that the owner or local agent will check those devices at least every 90 days;
(i) A statement certifying that each kitchen has a working fire extinguisher and that a working fire extinguisher is located near each outdoor cooking device;
(j) A statement certifying that the property owner consents to inspections by the village and will make the dwelling unit available to inspections upon request; and
(k) Such other information as the village requests.
(2) Pay an administrative fee, as set by resolution of the Village Council.
(C) An owner shall notify the village in writing within 30 days of any change in the information provided on the registration form. An owner of a short-term rental unit shall notify the village in writing within ten days of any change in the designated local agent.
(D) An owner shall notify the village in writing within 30 days if any of the items inspected pursuant to this chapter are altered after inspection by the village.
(E) No registration under this section will be accepted or processed for a property if an owner has been issued a civil infraction citation for a violation of this chapter regarding that property, pending final adjudication of that citation.
(Ord. 210, passed 6-14-2017)
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