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(A) The operator shall post the following information in a prominent location within the short-term rental unit, using a form promulgated by the city:
(1) The unique short-term rental permit number assigned to the short-term rental unit.
(2) Operator name and number.
(3) Local contact person name and number.
(4) The location of any on-site and off-site parking spaces available for guests.
(5) Instructions to guests concerning disposal of garbage and handling of garbage containers.
(6) Notification that the guests are responsible for compliance with all applicable laws, ordinances, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests or the owner may be fined by the city for violations of this chapter.
(7) Notification that fireworks are prohibited in the city and by TRWD.
(8) TP&W Boating Safety regulations.
(9) Location(s) of fire extinguishers.
(B) The operator shall operate a short-term rental in compliance with building regulations, mobile home housing standards, subdivision regulations, and zoning code.
(1) Zoning regulations prescribed for the zoning district in which such short-term rental is located, set forth in the code.
(2) The city sign ordinance, as applicable, set forth in the code.
(3) Minimum egress requirements prescribed by the County Fire Marshal, pursuant to the International Fire Code as adopted by the code of ordinances.
(4) The city hotel occupancy tax ordinance, set forth in the §§ 33.01 et seq.
(5) The city noise and sound level regulation ordinance, set forth in the code.
(6) The city garbage collection ordinance, set forth in the code.
(7) During any period when a short-term rental is occupied or intended to be occupied by guests, the local contact person shall be available 24 hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of the guests of the short-term rental. The local contact person shall respond within 60 minutes of being notified of concerns or requests for assistance regarding the condition, operation, or conduct of guests of the short-term rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance.
(8) The city building codes.
(9) The city residential codes.
(10) The city swimming pool and spa code.
(11) The International Electric Code.
(12) The city lighting ordinance.
(13) Onsite parking, one space per bedroom rental.
(C) Any advertisement that promotes the availability of a short-term rental, listed in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application, shall include the current short-term rental permit number assigned by the city.
(Ord. 2022-07, passed 12-15-2022)
Complaints related to the operation of a short-term rental, including but not limited to complaints concerning noise, garbage, parking, and disorderly conduct by guests, shall be reported to the Police Dispatch at 903-432-3522, Option 2.
(Ord. 2022-07, passed 12-15-2022)
(A) The owner, operator, local contact person, and guests shall comply with all applicable laws, rules and regulations pertaining to the operation, use and occupancy of a short-term rental. The owner shall not be relieved from any civil or criminal liability for a violation of this chapter, regardless of whether such violation is committed by the owner, operator, local contact person, or guest of the owner’s short-term rental.
(B) Nothing in this chapter shall be construed to relieve any person or owner of any other applicable requirements of federal, state, or local law, rules, or regulations. Nothing in this chapter shall be construed to provide any property owner with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner’s property that may prohibit the use of such owner’s property as a short-term rental as defined in this chapter.
(Ord. 2022-07, passed 12-15-2022)
(A) It shall be unlawful for any person or entity to violate any provision of this chapter. Proof that a violation of this chapter occurred at a short-term rental shall create a rebuttable presumption that the owner of said short-term rental committed the violation.
(B) Any violation of this chapter is a Class C misdemeanor offense and, upon conviction, shall be punished by a fine.
(C) Prosecution under this chapter shall not require the pleading or proving of any culpable mental state.
(D) Penalties provided for in this chapter are in addition to any other criminal or civil remedies that the city may pursue under federal, state, or local law.
(Ord. 2022-07, passed 12-15-2022)
(A) Upon conviction for a violation of this chapter, the City Administrator may suspend or revoke any short-term rental permit issued for the same short-term rental where the violation occurred. The City Administrator shall notify an owner of a suspension or revocation under this chapter in writing, delivered by certified mail, return receipt requested, and mailed to the address of the owner as set forth on the most recent short-term rental permit application submitted to the city.
(B) An owner may appeal a notice of suspension or revocation under this chapter by filing a written appeal to the City Administrator within ten business days following the date said notice was deposited in the U.S. Mail. Following a timely filing of an appeal hereunder, the owner may present evidence to the City Administrator related to the suspension or revocation under this chapter. Following City Administrator’s final decision on appeal, the owner may appeal an adverse decision of the City Administrator by filing a written appeal with the City Council within five business days following the date of the City Administrator’s final decision.
(Ord. 2022-07, passed 12-15-2022)
An applicant for a short-term rental permit shall pay to the city an application/inspection fee of $200 for each individual short-term rental unit. Each individual short-term rental unit shall be assigned a unique permit number upon permit issuance by the city.
(Ord. 2022-07, passed 12-15-2022)
That any person, firm, or corporation violating any of the provisions of this chapter shall be fined not more than $2,000 for all violations involving zoning, fire safety, or public health and sanitation, including dumping or refuse and shall be fined $500 for all other violations of this chapter. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 2022-07, passed 12-15-2022)