A. Additional Conditions: A violation of any provision of this Chapter by any of the occupants, responsible party(ies), owner(s) or the owner’s authorized agent(s) or representative(s) shall authorize the Director to impose additional conditions on the use of any active short-term vacation rental unit to ensure that any future violations are avoided. The Director shall provide ten (10) days’ notice prior to the imposition of additional conditions. The owner may appeal the imposition of additional conditions by submitting a notice of appeal to the Director within 10 days of receiving the notice from the Director. The notice of appeal shall set forth the reasons and evidence that support the owner’s position that additional conditions are not necessary to avoid future violations. The notice of appeal shall be accompanied by an appeal fee, as set by the Town Council by resolution. The appeal shall be heard in accordance with subsection (b) of this section.
B. Appeal of Additional Permit Conditions: Any appeal of additional conditions imposed by the Director in accordance with this section shall be heard by the Town Manager. The appeal hearing shall be set no more than 30 days from the Town’s receipt of the notice of appeal. Imposition of the additional condition shall be stayed until the conclusion of the appeal. At the appeal hearing, the Town Manager shall hear and consider all relevant evidence and receive testimony. The hearing shall not be conducted in accordance with the California Evidence Code. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be considered if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of similar affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. The hearing may be continued by the Town Manager from time to time. Within ten (10) days of the conclusion of the hearing, the Town Manager shall issue a decision as to whether the additional conditions are necessary to avoid future violations at the STVR property in question. The Town Manager shall have the authority to affirm, modify, or reject the conditions imposed by the Director. The decision of the Town Manager shall be final.
C. Permit Suspension or Revocation: Any request for a permit suspension or revocation by the Director based on violations of this Chapter shall be conducted in accordance with the terms and provisions of this subsection (c). The owner of a STVR unit subject to a permit suspension or revocation hearing shall be provided with not less than 20 days’ notice prior to the day of the hearing. The hearing shall be conducted by the Town Manager. The Town Manager shall hear and consider all relevant evidence and receive testimony. The hearing shall not be conducted in accordance with the California Evidence Code. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be considered if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of similar affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. The hearing may be continued by the Town Manager from time to time. Within ten (10) days of the conclusion of the hearing, the Town Manager shall issue a decision regarding the suspension or revocation of the permit for the STVR property in question. The Town Manager shall have the authority to approve the permit suspension or revocation, modify the existing conditions of the permit, or reject the permit suspension or revocation request. The decision of the Town Manager shall be final.
D. Enforcement and Violations: A violation of any provision of this Chapter by any of the occupant(s), responsible party(ies), owner(s) or the owner’s authorized agent(s) or representative(s) shall constitute grounds for modification, suspension and/or revocation of the short-term vacation rental permit and/or any affiliated licenses or permits, in addition to public nuisance violation procedures of the Town Code as defined and established in the Town Code.
E. The owner shall agree to the conditions of approval and permit requirements, in additional to all other standards and conditions as implemented under Chapter 5.40
, as follows.
1. As the owner, I fully understand that the permit authorizes short-term vacation rental activity in a residential neighborhood in the Town of Yucca Valley. Yucca Valley residents value the tranquility, peace, quiet, night sky, and low-density desert characteristics of their neighborhoods. Activities associated with the operation of the short-term vacation rental that disturbs, disrupts, and impedes the general enjoyment of the desert character and qualities that Yucca Valley residents value may result in the issuance of operational penalties, infraction citations, misdemeanor citations and other court actions, up to and including the revocation of the permit, in accordance with Chapter 5.40, these conditions of approval and the Town of Yucca Valley Town Code.
2. As the owner, I fully understand that these Conditions of Approval are for Temporary Short-Term Vacation Rental Permit, TSTVRP XX-XX. The residential structure is located at (address) and is also identified as APN: XXX-XXX-XX. The approved permit is subject to compliance with these conditions of approval. Pursuant to Chapter 5.40
of the Town of Yucca Valley Development Code, effective December 1, 2017, a Temporary Short-Term Vacation Rental Permit is a temporary permit and approval is valid for a twenty-four (24) month period. The Town is not obligated or required to renew the permit or to extend the permit beyond the twenty-four (24) month approval period. The Town Council may conclude and close the short-term vacation rental program at any time. This permit is issued to the owner, this permit does not run with the land or structure, and this permit is not transferrable.
3. As the owner, I fully understand that verified trespass by guest occupants onto any adjoining, adjacent or property in the vicinity of the short- term vacation rental unit may result in revocation or suspension of the temporary short-term vacation rental permit. The permit suspension or revocation hearing shall be administered by the Town Manager, and the decision of the Town Manager shall be final. (Ord. 312, 3-5-2024)