(A) Fire/safety inspection required. Prior to filling out a vacation rental permit an initial fire/safety inspection must be completed and signed off by the Fire Marshal.
(B) Inspection fee. An initial non-refundable fee of $65 is required before the inspection will be completed.
(C) Annual inspection and fee. An annual fire/safety inspection and non-refundable fee in the amount of $65 will be required in order to renew the annual vacation rental permit.
(D) Permit required. Prior to use of a property as a vacation rental, the owner of shall obtain an annual vacation rental permit from the city. Renting, or offering for rent, a vacation rental without complying with the permit requirement in this section is prohibited.
(E) Permit applications. The owner of a proposed vacation rental shall submit to the city a permit application on a form furnished by the city. The permit application shall be signed by the applicant and shall contain the following minimum information, which shall be made publicly available:
(1) The physical address of the residential property proposed to be used as a vacation rental.
(2) The name, address, and telephone number of the owner for which the vacation rental registration certificate is to be issued. If the property owner is an entity, the legal name of the entity and its statutory agent.
(3) The name, address, and telephone number of each designee of the owner, if any.
(4) The full name, address, and 24 hour telephone number of the individual who will serve as the emergency point of contact.
(5) Proof of a valid transaction privilege tax license.
(6) Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, been convicted of any felony act that resulted in death or serious physical injury, or been convicted of any felony use of a deadly weapon within the past five years.
(7) Attestation of compliance with the notification required in this chapter.
(8) Evidence of liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000 or evidence that each vacation rental transaction will be provided through a platform that provides equal or greater primary liability insurance coverage for the vacation rental.
(9) Evidence the vacation rental is registered with Coconino County Assessor’s Office in accordance with A.R.S. § 33-1902.
(10) If the applicant is an individual, proof of lawful presence in the United States in accordance with A.R.S. §§ 1-502 and 41-1080.
(F) Permit fee. Every application, including any renewal application, for a vacation rental permit under this chapter shall be accompanied by a non-refundable initial fee of $125, and an annual renewal fee of $75 established by City Council, which can be adjusted annually per the consumer price index (CPI).
(G) Issuance; reasons for denial. The city shall issue or deny the permit within seven business days after receipt of a complete application. The city may deny issuance of a permit for any of the following reasons:
(1) The applicant failed to provide the information required under division (E);
(2) The applicant failed to pay the permit fee required under division (C);
(3) The applicant provided false information;
(4) The owner or designee of the owner:
(a) Is a registered sex offender;
(b) Has been convicted of any felony act that resulted in death or serious physical injury; or
(c) Has been convicted of any felony use of a deadly weapon within five years of submitting the application; or
(5) At the time of application, the owner has a suspended permit for the same vacation rental or any of the following applies:
(a) One violation at the vacation rental that resulted in or constituted any of the offenses described in § 117.12; or
(b) Three violations of this chapter at the vacation rental within a 12 month period, not including an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
(H) Notice of denial; appeal. The City Manager or designee shall give notice of the denial of an application to the applicant by mailing the notice to the applicant at the address listed on the application. The notice of the denial shall inform the applicant of the right to appeal the denial as provided for in § 117.13.
(I) Maintaining accurate information; violations. All applicants and persons holding permits issued pursuant to this chapter shall give prior written notice to the City Manager or designee of any material change in information submitted in connection with an application for a permit or renewal of a permit. The notice shall be provided to the City Manager not less than ten days prior to the effective date of the change. Any information required for an application under this § 117.03 is deemed to be material for purposes of this § 117.03. A violation of this division is a civil offense.
(J) Term of permit; renewal application. All permits issued under this chapter shall be valid until December 31 of that year, and all permits must be renewed by January 1 of each year. Except where the city has received a new application along with the requisite fees, it shall be unlawful for any person to operate a vacation rental after the expiration date recorded upon the face of the vacation rental permit.
(K) Operating without a permit; penalties. A vacation rental that fails to apply for a permit or license within 30 days of the permit application being made available by the city shall immediately cease operations. In addition to any other penalty pursuant to the city code, the city may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for permit within 30 days of receiving the written notice of violation from the city. Representations or advertisements including online listings that reference the property, house, or dwelling unit location within the city is prima facie evidence that a vacation rental is operating in the city.
(1) Non-transferable. No permit shall be transferable either as to location or as to person.
(2) Implementation. The City Manager or designee shall develop the necessary forms and/or database necessary to implement this § 117.03.
(Ord. 995, passed 10-13-2022)