HomeMy WebLinkAbout18 Ord 1360 Amend PDMC Ch. 5.10 STRs*Waive further reading and pass to second reading Ord. No 1360,
amending PDMC Ch. 5.10 Short-term Rentals (STRs) implementing
the following: a) Require the issuance or new STR Permits in PR
zones to be supported by written approval from an HOA having
jurisdiction over the property; b) existing STR permits within the PR
zones (excluding On -site Owner STR Permits) without such a written
approval letter shall temtinate, and such uses permanently cease
operation after December 21, 2021. Additionally, to instruct that in
the administration of the Ordinance that any gated community where
the City currently has STR permits. which have been verified to be
compliant with HOA rules, the City take that to be compliant with
the Ordinance unless and until the HOA demonstrates a change in
policy to the City.
MEETING DATE - I �` C - *
ORDINANCE NO. 1360 ❑ CO TINUEDTO
PASSES TO 2ND READINGL -/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM
DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM
RENTALS RELATED TO PLANNED RESIDENTIAL ZONING
DISTRICTS
WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by
Article XI, Section 7 of the California Constitution, the City has the police power to regulate
the use of land and property within the City in a manner designed to promote public
convenience and general prosperity, as well as public health, welfare, and safety; and
WHEREAS, adoption and enforcement of regulations and other land use regulations
lies within the City's police powers; and
WHEREAS, the City Council established an Short -Term Rental Subcommittee,
comprised of elected officials, and City staff, to review the existing ordinance and to make
recommendations for changes on how the City should regulate short-term rentals in the
Planned Residential zones; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 191h
day of November, 2020, hold a duly noticed public hearing to consider recommendations
from the Short -Term Rental Committee amending Chapter 5.10 Short -Term Rentals related
to the Planned Residential zones throughout the City, including elimination of certain Short
Term Rentals in Planned Residential zones in specified time frames; and
WHEREAS, the City Council of the City of Palm Desert, California has determined
that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan
and applicable state law; and
WHEREAS, the City has found that effective enforcement of regulations on short
term rentals is only feasible if there is an active Homeowner Association that is willing and
able to do so on behalf of its member residences;
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said ordinance:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals
as its findings in support of the following regulations and further finds that the following
ORDINANCE NO. 1360
regulations, including the eventual elimination of certain short term rentals in Planned
Residential zones, unless approved by the Homeowners' Association are beneficial and
appropriate to protect the health, safety and welfare of the residents and businesses of
Palm Desert within the City limits.
SECTION 2. Adoption of amended Chapter 5.10 "Short -Term Rentals" of the
Citv's Zoning Ordinance as identified in "Exhibit A".
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The City of Palm
Desert (City), in its capacity as the Lead Agency under the California Environmental
Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from
CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate
the use of short-term rentals will not have a significant negative impact on the
environment.
SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 10th daY of December. 2020, by
the following vote, to wit: CITY CO ITbly
APPROVED DENTED
AYES: R II OTHER -
MEETIn T?�.
NOES: _ l m, n ilocfa o / phinAf to 4,r,
ABSENT: NOES: /Va_
ABSEN1% A/
ABSTAIN: ABSTAIN -
VERIFIED BY:
Original on File with Ci Jerk's Office
GINA NESTANDE, MAYOR
ATTEST:
2
ORDINANCE NO. 1360
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Exhibit "A"
Title 5 BUSINESS TAXES. LICENSES AND REGULATIONS
Chapter 5.10 SHORT-TERM RENTALS
5.10.010 Title.
This chapter shall be referred to as the "Short -Term Rental Ordinance." (Ord. 1236 § 2,
2012).
5.10.020 Purpose.
A. The purpose of this chapter is to regulate privately -owned residential dwellings
used as Short -Term Rental Units, ensure that transient occupancy taxes
(TOT) are paid and collected, and minimize the potential negative effects of
Short -Term Rental Units on surrounding residential neighborhoods.
B. This chapter is not intended to allow any residential property Owner to violate any
private conditions, covenants, and restrictions applicable to the Owner's property
that may prohibit the Owner from using his or her property as a Short -Term
Rental Unit, as defined in this chapter. (Ord. 1236 § 2, 2012).
C. The City reserves the right to change the regulations provided in this chapter at any
time, including discontinuing the issuance of Short -Term Rental Units permits,
notwithstanding any impacts to existing or future short-term permit holders.
Anyone accepting a Short -Term Rental Units permit pursuant to this chapter
acknowledges and accepts that possibility.
5.10.030 Definitions.
For purposes of this chapter, the following words and phrases shall have the meaning
ascribed to them by this section:
"Actively Operating" means a short-term rental that is rented out/occupied for a total of
more than 18 days per calendar year.
"Apartment" means a rented room or set of rooms that is part of a residential building and
is used as a place to live.
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ORDINANCE NO. 1360
"Applicable Laws, Rules and Regulations" means any laws, rules, regulations and codes
(whether local, state, or federal) pertaining to the use and occupancy of a privately -owned
dwelling unit as a short-term rental.
"Applicant" means a person applying for a Short -Term Rental Unit permit, and a
temporary Short -Term Rental Permit, or renewal of either permit.
"City Manager" means the City manager of the City, or his or her designee.
"Good Neighbor Brochure" means a document prepared by the City, as may be revised
from time to time that summarizes the general rules of conduct, consideration and respect
pertaining to the use and occupancy of Short -Term Rental Units.
"Mixed Residential District (R-2)" means to provide moderate intensity and density (3.0 —
10.0 du/ac) for neighborhood development, and are characterized by a variety of housing
choices and mixed -uses with buildings organized around formal and walkable
streetscapes with high levels of pedestrian connectivity.
"Multifamily Residential District (R-3)" means to provide suitable areas for moderate to
higher intensity and density (7.0 — 40.0 du/ac) for residential development and small-scale
commercial activity, and is characterized by higher density residential development and
mixed -uses in proximity to retail commercial services with buildings organized around
formal streetscapes with a variety of plazas and other pedestrian amenities and open
spaces that are highly connected to surrounding development.
"Operator" means an individual or business entity who is designated as the Owner's agent
to act on the Owner's behalf to insure compliance with this Chapter. "Operator'" may be the
"Owner."
"On -Site Owner Short -Term Rental" means a Short -Term Rental Unit where an Owner
who is living and present within the main unit during the rental duration rents one (1) or
more bedroom(s) or a detached/attached casita.
"On -Site Owner Short -Term Rental Permit" is a permit issued for an "On Site Owner
Short -Term Rental."
"Owner" means any person or entity having fee -title ownership and/or appearing on the
last equalized assessment roll of Riverside County showing controlling interest of the
Short -Term Rental Unit.
"Planned Residential District (P.R.)" means to provide for flexibility in residential
development, by encouraging creative and imaginative design, and the development of
parcels of land as coordinated projects involving a mixture of residential densities (4.0 —
40.0 du/ac), mixed housing types, and community facilities, and is characterized as
providing for the optimum integration of urban and natural amenities within developments
and is organized around formal, walkable, and highly connected streetscapes.
In
ORDINANCE NO. 1360
"Property" means the actual single-family house or other residential dwelling unit,
including all of its improved real property, which is used as a short-term residential
rental.
"Responsible Person" means a Short -Term Rental Unit occupant who is at least 25 years
of age and who is legally responsible for ensuring that all occupants of the short-term
rental unit and/or their guests comply with all applicable laws, rules and regulations
pertaining to the use and occupancy of the subject short-term rental unit.
"Short -Term Rental Permit" is a permit for a Short -Term Rental Unit.
"Short -Term Rental Unit" means a privately -owned residential dwelling (not a hotel, motel,
or timeshare), including, without limitation, a single-family detached or multiple -family
attached unit (not including apartments), second unit dwelling, lodging or rooming house,
condominium, duplex, triplex, quadplex, mobile home or house trailer at a fixed location,
or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping
purposes for any period less than 27 consecutive days.
"Single -Family Residential District (R-1)" means to encourage the preservation and
development of traditional residential neighborhoods, and provides for low intensity
development (2.0 — 8.0 du/ac) generally characterized by single-family homes on
medium-sized lots organized around formal and walkable streetscapes.
"Transient" means any person who seeks to rent or who does rent a privately -owned
residential unit for a period less than 27 consecutive days.
"Transient Occupancy Registration Permit" means a permit that allows the use of a
privately -owned residential dwelling as a short-term rental unit pursuant to the provisions
of Chapter 3.28, Transient Occupancy Tax, respectively. (Ord. 1236 § 2, 2012).
"Transient Occupancy Tax" means the tax levied by the City in accordance with Chapter
3.28 of the Municipal Code. This tax is levied upon individuals or businesses engaged in
the rental of sleeping accommodations to the public.
5.10.040 Authorized agent or representative.
A. An Owner shall designate an Operator to act on the Owner's behalf to insure
compliance with the requirements of this chapter.
B. Notwithstanding subsection 'A', the Owner shall not be relieved from any personal
responsibility or personal liability for noncompliance with any applicable law, rule
or regulation pertaining to the use and occupancy of the subject short-term rental
unit, regardless of whether such noncompliance was committed by the Owner or
Operator or the occupants of the Owner's short-term rental unit or their guests.
ORDINANCE NO. 1360
5.10.050 Short -Term Rental Permit; On -Site Owner Short -Term Rental Permit -
Required.
An Owner must obtain one of the following types of Short -Term Rental Permits and a
Transient Occupancy Registration Permit prior to advertising or renting any privately owned
residential dwelling to any transient for a period less than 27 consecutive days:
A. Short -Term Rental Permit.
B. On -Site Owner Short -Term Rental.
5.10.060 Short -Term rental permit for all types - Application and processing
requirements.
A. The applicant must submit the following information on an application form provided
by the City:
1. The name, address, valid email address, and telephone number of the Owner
of the subject short-term rental unit.
2. The name, address, valid email address, and telephone number of the
Operator of the subject Short -Term Rental Unit.
3. The address of the proposed short-term rental unit.
4. The number of bedrooms and the applicable overnight and daytime occupancy
limit of the proposed short-term rental unit.
5. Acknowledgement of receipt and inspection of a copy of the Good Neighbor
Brochure.
6. Other information as the City Manager deems reasonably necessary to
administer this chapter.
B. A Short -Term Rental Permit will not be granted for properties that do not qualify
under Section 5.10.070 Short -Term Rental Permit — Prohibited in R-1, R-2, and
PR zones unless approved by the homeowners' association.
C. A short-term rental permit application shall be accompanied by payment of an
application processing fee established by resolution of the City Council.
D. Within 30 days of a change of property ownership, change of Operator, or any
other change in material facts pertaining to the information contained in the Short -
Term Rental Permit, the Operator shall submit an application and requisite
application fee for a new short-term rental permit, if continued short-term rental is
desired, which permit must be obtained prior to continuing to rent the subject unit
as a Short -Term Rental Unit.
ORDINANCE NO. 1360
E. A Short -Term Rental Permit shall not be issued or renewed if there are unresolved
City code compliance cases, outstanding City fines or fees, or City liens on the
property.
F. A Short -Term Rental Permit must be renewed annually to remain valid. Failure to
renew a Short -Term Rental Permit within 30 calendar days of the expiration date
will result in the Short -Term Rental Permit being terminated.
G. Short -Term Rental Permit renewals are subject to any intervening changes in this
Chapter 5.10 and renewal shall be denied if the short-term rental no longer
qualifies under the requirements of this chapter, unless specifically exempted
therefrom. A Short -Term Rental Permit shall not be renewed if the unit has not
been Actively Operating in the prior calendar year. An Owner or Operator that is
denied a renewal for failure to actively operate may apply for a new Short -Term
Rental Permit, if otherwise qualified under this chapter.
H. A Short -Term Rental Permit shall not be granted for apartments, as defined in this
chapter.
I. The City may conduct an inspection of the Short -Term Rental Unit prior to issuing
a new permit and prior to issuing any renewal permit.
J. A short-term rental permit application may be denied if the applicant has had a
prior short-term rental permit suspended or revoked.
K. The Tax Administrator, as defined in Section 3.28.020(E), shall issue the
short-term rental permit, which will incorporate a transient occupancy registration
permit, as provided in Section 3.28.060, if the applicant satisfies the requirements
of this chapter and Chapter 3.28.
5.10.070 Short -Term Rental Permit — Prohibited in R-1, R-2, and PR zones, unless
approved by the Homeowners' Association
The City shall prohibit the issuance of new Short -Term Rental Permits within the R-1 and
R-2 zones, and the PR zones under certain circumstances as described below. These
requirements do not apply to On -Site Owner Short -Term Rental Permits.
A. A new Short -Term Rental Permit within the R-1 zone will not be issued.
B. A new Short -Term Rental Permit within the R-2 zone will not be issued.
C. A new Short -Term Rental Permit within the PR zones will not be issued unless
issuance of the permit is approved in writing by the homeowners' association
having jurisdiction over the property.
D. Existing Short -Term Rental Permits in PR zones may be renewed if otherwise
qualified, but all such Short -Term Rental Permits shall terminate, and such uses
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ORDINANCE NO. 1360
permanently cease operation, by December 31, 2021, unless the issuance of the
permit is approved in writing by the homeowners' association having jurisdiction
over the property.
E. If an existing permit is revoked pursuant to this chapter, and the Short -Term Rental
Unit is located in the R-1 or R-2 zones, then a new permit will not be issued. A new
permit may be issued in the PR zones only if the permit complies with Section
5.10.070(C) and (D).
5.10.080 On -Site Owner Short -Term Rental Permit — Additional application and
processing requirements.
A. The Owner shall demonstrate regular occupancy, which may be by neighbor
verification or other means sufficient, in the discretion of the Tax Administrator, to
demonstrate regular and continuous owner -occupancy prior to and during the
rental period.
5.10.090 Operational requirements for all types of Short -Term Rental Permits.
A. While a Short -Term Rental Unit is rented, the Operator shall be available 24 hours
a day, seven days a week for the purpose of responding within 30 minutes to
complaints regarding the condition, operation, or conduct of occupants or guests
of the Short -Term Rental Unit.
B. Upon notification that the Responsible Person and/or any occupant and/or guest
of the short-term rental unit has created unreasonable noise or disturbances,
engaged in disorderly conduct, or committed violations of any applicable law, rule
or regulation pertaining to the use and occupancy of the subject short-term rental
unit, the Operator shall promptly respond within 30 minutes in an appropriate
manner to immediately halt or prevent a recurrence of such conduct by the
Responsible Person and/or any occupants and/or guests. Failure of the Operator
to respond to calls or complaints regarding the condition, operation, or conduct of
occupants and/or guests of the Short -Term Rental Unit within 30 minutes and in
an appropriate manner shall render the Operator subject to all administrative, legal
and equitable remedies available to the City, up to and including Short -Term
Rental Permit revocation.
C. The Operator shall post the current short-term rental permit number on, or in, any
advertisement appearing in any newspaper, magazine, brochure, television trade
paper, Internet website, etc., that promotes the availability or existence of a
short-term rental unit in a place or location deemed acceptable by the City
Manager. In the instance of audio -only advertising of the same, the short-term
rental permit number shall be read as part of any advertising. The following shall
be clearly identified in any advertisement: 1) the maximum overnight occupancy of
the Short -Term Rental Unit; 2) requirements for compliance with the City's noise
standards and regulations; and 3) a statement that the Short -Term Rental Unit
occupants shall respect the neighbors' privacy and enjoyment of their property.
ORDINANCE NO. 1360
D. The Operator shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the short-term rental unit do not create unreasonable
noise in violation of Palm Desert Municipal Code, (PDMC,) Chapter 9.24,
Noise Control or disturbances, engage in disorderly conduct, or violate any
applicable law, rule or regulation pertaining to the use and occupancy of the
subject short-term rental unit. The short-term rental unit shall be used in a manner
that complies with all applicable laws, rules and regulations pertaining to the use
and occupancy of the subject short-term rental unit, including Chapter 3.28.
(Transient Occupancy Tax.).
E. Occupants of the short-term rental unit shall comply with all standards and
regulations of the PDMC, including and especially Chapter 9.24, Noise Control,
and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or
Other Similar Events.
F. Minimum Number of Days and Nights for Rent or Lease. The minimum duration of
a short-term rental unit is three days, two nights. Less than three-day, two -night
rentals or leases are prohibited.
G. Maximum Number of Occupants. The maximum number of overnight guests and
residents for a short-term rental unit shall not exceed two persons per bedroom.
Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00
p.m., with the additional maximum daytime guests not to exceed two persons per
bedroom with a maximum of 20 guests allowed for five bedrooms or more. The
following table illustrates the maximum number of occupants. If the use is On -Site
Owner Short -Term Rental, the Owner shall be deemed to occupy at least one
bedroom, which shall diminish the number of bedrooms for overnight guests
accordingly:
Number of Total of Overnight Total Daytime
Bedrooms Occupants Occupants (Including
Number of Overnight
Occupants)
I 1 2 4
I 2 4 8 —_
I 3 6 12
I 4 8 16
5 I 10 20
I 6 I 12 20
7 I 14 20 I
H. A short-term rental unit shall not change the residential character of the outside
appearance of the residence, either by the use of colors, materials, lighting, or
any advertising mechanism.
I. No property use shall cross over any property line.
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ORDINANCE NO. 1360
J. All parking associated with a short-term rental unit shall be entirely on -site, in the
garage, carport, and driveway or otherwise off of the public street.
K. The City Manager shall have the authority to impose additional conditions on the
use of any given short-term rental unit to ensure that any potential secondary
effects unique to the subject short-term rental unit are avoided or adequately
mitigated.
L. Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the City's authorized waste hauler, and
only on scheduled trash collection days. The Operator shall use reasonably
prudent business practices to ensure compliance with all the provisions of Chapter
8.16 (Solid Waste) of the PDMC.
M. Unless otherwise provided in this chapter, the Operator shall comply with all
provisions of Chapter 3.28 of the PDMC concerning TOT, including, but not limited
to, submission of a monthly TOT return in accordance with Section 3.28.070 of
Chapter 3.28 of the PDMC, which shall be filed monthly even if the short-term
rental unit was not rented during each such month.
5.10.100 Procedures for operators and renters.
A. Prior to occupancy of a short-term rental unit the Operator shall:
1. Meet and greet the Responsible Person on -site and obtain his or her name,
address, and a copy of a valid government identification.
2. Provide the Responsible Person a copy of the Good Neighbor Brochure.
3. Provide the Responsible Person information about the short-
term rental regulations.
4. Require such Responsible Person to execute a formal acknowledgement in
the form acceptable by the City that he or she is legally responsible for
compliance of all occupants of the short-term rental unit and their guests with
all applicable laws, rules and regulations pertaining to the use and occupancy
of the short-term rental unit. This information shall be maintained by the
Operator for a period of three years and be made readily available upon
request of any officer of the City responsible for the enforcement of any
provision of the PDMC or any other applicable law, rule or regulation pertaining
to the use and occupancy of the short-term rental unit.
5. Provide the Responsible Person with the Operator's 24-hour availability
information.
6. Provide the Responsible Person a copy of the maximum number of overnight
occupants and the maximum.number of daytime occupants as permitted
pursuant to the chapter.
7. Post a copy of the short-term rental permit and a copy of the Good Neighbor
Brochure in a conspicuous place within the short-term rental unit.
8. Provide the Responsible Person a copy of trash pick-up day and applicable rules
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ORDINANCE NO. 1360
and regulations pertaining to leaving or storing trash on the exterior of the
property.
9. Provide the Responsible Person a copy of the PDMC, Chapter 9.24, Noise
Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties,
Gatherings or Other Similar Events.
10. Explain to the Responsible Person that the occupant and Owner maybe cited
or fined by the City in accordance with this chapter and/or Chapter 9.24, Noise
Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties,
Gatherings or Other Similar Events, and
11.Provide a copy that no radio receiver, musical instrument, phonograph,
compact disk player, loudspeaker, karaoke machine, sound amplifier, or any
machine, device or equipment that produces or reproduces any sound shall be
used outside or be audible from beyond the property boundaries of any
short-term rental unit between the hours of 10:00 p.m. and 10:00 a.m.
5.10.110 Recordkeeping duties.
The Operator shall maintain for a period of three years, records in such form as the Tax
Administrator (as defined in, and required by, Chapter 3.28) may require to determine the
amount of TOT owed to the City. The Tax Administrator shall have the right to inspect
such records at all reasonable times. Such records shall be maintained at the Owner or
Operator's premises or shall be available for delivery to the Tax Administrator within
one week after request, which may be subject to the subpoena pursuant to Section
3.28.110. (Ord. 1236 § 2, 2012).
5.10.120 Violations.
A. Additional Conditions. A violation of any provision of this chapter by any of the
occupants, Owner(s) or the Operator shall authorize the City Manager to impose
additional conditions on the use of any given short-term rental unit to ensure that
any potential additional violations are avoided.
B. Permit Modification, Suspension and Revocation. A violation of any provision of
this chapter by any of the occupants, Owner(s) or the Operator shall constitute
grounds for modification, suspension and/or revocation of the Short -Term Rental
Permit and/or any affiliated licenses or permits pursuant to the provisions set forth
in this chapter.
1. Whenever any Operator fails to comply with any provision of this chapter, the
City Manager upon hearing, after giving the Operator and/or Owner 10 days'
notice in writing specifying the time and placeof hearing and requiring him or
her to show cause why the short-term rental permit should not be revoked, may
modify, suspend or revoke the permit held by the Operator.
2. The City Manager shall give to the Operator and/or Owner written notice of the
modification, suspension or revocation of the permit. The notices required in
this section may be served personally or by mail.
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ORDINANCE NO. 1360
3. The Tax Administrator shall not issue a new short-term rental permit after the
revocation of a permit unless he or she is satisfied that the former holder of the
permit will comply with the provisions of this chapter and the unit complies with
Section 5.10.070 Short -Term Rental Permit — Additional application and
processing requirements. During the period of time while such a permit is
suspended, revoked or otherwise not validly in effect, the use of the dwelling
as a Short -Term Rental Unit is prohibited.
C. Notice of Violation. The City may issue a notice of violation to any occupant,
Owner(s) or Operator, pursuant to this chapter, if there is any violation of this
chapter committed, caused or maintained by any of the above parties.
D. Administrative Citation. The City may issue an administrative citation to the
property Owner(s) pursuant to Chapter 8.81 (Administrative Citation) of the
municipal code if there is any violation of this chapter committed, caused or
maintained. Nothing in this section shall preclude the City from also issuing an
infraction citation upon the occurrence of the same offense on the same day to
any occupant, Owner(s) or the Operator. Unless otherwise provided herein, any
person issued an administrative citation pursuant to this chapter shall for each
separate violation be subject to: 1) an administrative fine in an amount not to
exceed one -thousand dollars ($1,000) for the first citation; 2) an administrative fine
in an amount not to exceed three -thousand dollars ($3,000) for a second citation
issued for the same offense within a 12-month period of the date of the first
offense; and 3) a fine in an amount not to exceed five -thousand dollars ($5,000)
and an immediate revocation of the Short -Term Rental Permit for a period of
two years for the third citation within a 12-month period of the date of the first
offense. If the property is zoned R-1 or R-2, then Section 5.10.070 Short -Term
Rental Permit — Prohibited in R-1 and R-2 zones applies.
E. Notwithstanding the above, operating a short-term rental unit without a validly
issued short-term rental permit shall be subject to a fine in an amount of five -
thousand dollars ($5,000) for the first citation and each additional citation, and the
City has the right to refuse the issuance of any new or renewed Short -Term Rental
Permit for the cited Property and/or to the cited Owner and/or Operator anywhere
else within the City.
F. Infraction. The City may issue an infraction citation to any occupant, Owner(s) or
Operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code
Violations, including, but not limited to, the imposition of any and all criminal
penalties set forth therein if there is any violation of this chapter committed, caused
or maintained by any of the above parties. Unless otherwise provided herein, any
person convicted of an infraction shall, for each separate violation of this chapter
be subject to: 1) a fine in an amount not to exceed one -thousand dollars ($1,000)
for a first conviction of an offense; 2) a fine in an amount not to exceed three -
thousand dollars ($3,000) for a second conviction of the same offense within a
12-month period of the date of the first offense; and 3) a fine in an amount not to
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ORDINANCE NO. 1360
exceed five -thousand dollars ($5,000) for the third conviction of the same offense
within a 12-month period of the date of the first offense.
G. Public Nuisance. It shall be a public nuisance for any person to commit, cause or
maintain a violation of this chapter, which shall be subject to the provisions of
Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or
Unruly Parties, Gatherings or Other Similar Events. (Ord. 1236 § 2, 2012).
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