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HomeMy WebLinkAboutOrd 1316 - ZOA 16-364 - URGENCY Short-Term Rental MoratoriumORDINANCE NO. 1316 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS SUBMITTED: Ryan Stendell, Director of Community Development APPLICANT: City of Palm Desert CASE NO: Urgency Ordinance and ZOA 16-364 DATE: January 12, 2017 CONTENTS: Draft Interim Urgency Ordinance No. 1316 Existing Short -Term Rentals Map Palm Desert Municipal Code Chapter 5.10 (Short -Term Rentals) Recommendation 1. Waive further reading and adopt Interim Urgency Ordinance No. 1316 establishing a temporary moratorium on the issuance of Short -Term Rental Permits; and 2. By Minute Motion appoint two City Councilmembers to serve on a Short - Term Rental Review Committee. Executive Summary Approval of staffs recommendation will approve an interim urgency ordinance, which will place a 45-day stay on issuing new Short -Term Rental (STR) permits within the City of Palm Desert. The moratorium allows existing permitted short-term rental properties to continue operating and contains provisions for issuing a new permit if an owner meets certain criteria and pays any back Transient Occupancy Taxes (TOT) for the period of unlicensed operations. Background Property owners are legally required to obtain a permit from the City to utilize their property as a STR (P.D.M.C. 5.10, Copy Attached). There are many required steps, including providing a 24-hour contact and acknowledging receipt of the "Good Neighbor Brochure" prior to renting a residence. There are approximately 1,200 permitted STR units currently operating in the city. Staff has attached a map indicating where the highest concentration of STRs are located. Staff Report Urgency Ordinance ZOA 16-364: Short -Term Rentals Page 2 of 3 January 12, 2017 The City's Code Compliance Division is tasked with managing the requirements of the license, and is doing a fine job managing the current permitees. Of the 1,200 licensed units, very few generate a volume of complaints, with the peak generally in the month of April (Coachella & Stagecoach). Generally, staff has been able to successfully work with property owners to gain compliance. Discussion/Analysis Because of recent STR regulatory activity in neighboring cities, Staff is concerned about the impacts of STRs, and is recommending approval of a temporary moratorium to review current practices. Staff is also requesting that the City Council appoint two members to participate in a STR Review Committee, which will be responsible for reviewing and recommending any proposed modifications to the existing ordinance. Many staff members have been monitoring STR issues on a state and local level for some time now. What began as a very incidental use in residential neighborhoods has become a trend, which under certain circumstances can have a negative impact on the welfare of the community. Below are a few of the areas of concern as of the writing of this report: 1. General Uptick in Permit Issuance: STRs have become a popular way for owners to convert single-family homes into significant revenue generators. This is leading to more STR permits being issued, which could have a negative impact on residential neighborhoods. With other local jurisdictions taking action related to STRs, staff is concerned that STR investors might look towards other valley cities in the future. 2. Public Nuisance Issues: Nuisance issues include noise complaints, habitual party houses, trash and debris, and other good neighbor issues which can be problematic with STR uses. 3. Density/Distancing: Staff sees this as a key issue related to STRs, and believe it warrants careful consideration. An equitable solution in this category will go a long way to alleviating complaints, as many STR issues revolve around too many units in centralized locations. Staffs approach in reviewing STRs is to first recognize that the City does a good job managing the 1,200 existing units, with very few complaints. Secondly, what steps should the City take (if any) to reasonably balance the needs of residentially zoned neighborhoods and the STR industry? Staff is hopeful to review and report back to the City Council for direction during the initial 45-day moratorium period. Environmental The ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c) (2). Additional information may be found in Section 2 of the attached Draft Interim Urgency Ordinance. Staff Report Urgency Ordinance ZOA 16-364: Short -Term Rentals Page 3 of 3 January 12, 2017 Fiscal Impact Staff does not believe there is any direct fiscal impact related to approving a temporary moratorium to study the impacts of Short -Term Rentals. Submitted By: ) Ryan Stendell, Director of Community Development Attorney Lauri Aylaian, City Manager INTERIM URGENCY ORDINANCE NO. 1316 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS WHEREAS, the Palm Desert Municipal Code permits short-term residential rentals subject to the requirements of Palm Desert Municipal Code Chapter 5.10, which includes a requirement for a short-term rental permit, as well as operational requirements and standards; and WHEREAS, in recent years, notwithstanding steadily increasing short-term rentals, the City has not experienced significant public nuisance complaints associated with properties used as short-term residential rentals because the City has maintained a rigorous short -term -rental enforcement program; and WHEREAS, other Coachella Valley communities have experienced significant public nuisance complaints as the density and frequency of short-term rentals has grown, and have recently taken actions to ban or curtail short-term rentals; and WHEREAS, there is concern that the density and frequency of short-term rentals in Palm Desert will increase in response to limitations imposed elsewhere, which may result in unwanted changes in the character of residential neighborhoods within the City; and WHEREAS, based on the foregoing, the City Council finds that issuing additional short-term rental permits prior to the City's study and evaluation of the potential impacts of such short-term residential rentals would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits is thus necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Imposition of Moratorium and Findings. A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, from and after the date of this Ordinance, no new short-term rental permit shall be approved or issued for a short-term residential rental for a period of forty-five (45) days, except as provided below: (1) annual renewals of existing permits shall be permitted under Section 5.10.050(B); (2) new short-term rental permits shall be issued only to operators or potential operators who submit to the City by February 10, 2017, clear and convincing evidence that: (a) the residential dwelling has been used as a short-term rental on a substantial basis within the last year; and/or (b) the operator has made substantial INTERIM URGENCY ORDINANCE NO. 1316 investment in expectation of operating a short-term rental at the residential dwelling for which the permit is sought; and (c) operation as a short-term rental will not be in violation of any CCRs or other valid restrictions governing the use of the property. B. No new permits shall be issued pursuant to the exceptions listed above unless the applicant (1) pays any fines and/or transient occupancy taxes owing for any operation of a short-term rental without a short-term rental permit; and (2) certifies that the operation of a short-term rental in the residential dwelling will not be in violation of any CCRs or other valid restrictions governing the use of the property and that any Home Owners Association (HOA) to which the property belongs has been notified of the application for a short-term rental permit, a copy of which notification shall be included with the application. C. The City Manager or her designee shall evaluate evidence submitted by an applicant for a short-term rental permit pursuant to the exceptions listed above. The City Manager or City Manager's designee shall ask for any additional information deemed appropriate and shall render a final decision as to the issuance of the permit. There shall be no appeal. D. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Palm Desert by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are: (1) as the density and frequency of short-term rentals have grown, neighboring Coachella Valley cities have received an increasing number of public nuisance complaints emanating from short-term residential rentals and have recently taken actions to ban or limit such rentals; (2) excessive density and frequency of short-term rentals may threaten the character of existing residential neighborhoods; (3) the density and frequency of short-term rentals within the City has gradually grown over the last several years; recent limits placed elsewhere in the Coachella Valley may cause a significant increase in applications for short-term rental permits in the City; (4) the City needs time to study and evaluate the potential impacts of short-term rentals to determine the necessary regulatory requirements to ensure that short-term rentals do not fundamentally alter the character of existing residential neighborhoods. E. This moratorium shall not apply to existing short-term rental permits. 2 72500.00011 \29449365.1 DRAFT 12/21/16 INTERIM URGENCY ORDINANCE NO. 1316 F. The City finds and declares that this moratorium is a reasonable and necessary measure designed to protect the important public purpose of the preservation of the public health, safety, and welfare. SECTION 2. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. SECTION 3. Severabilitv. If any sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four -fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Desert. SECTION 6. Report. City staff is instructed to prepare the report required by Government Code Section 65858 (d) describing the measures taken to alleviate the condition that led to this Ordinance's adoption for presentation to the City Council no later than ten days prior to the expiration of this Ordinance. 3 72500 00011 \29449365.1 DRAFT 12/21/16 INTERIM URGENCY ORDINANCE NO.1316 PASSED, APPROVED and ADOPTED this 12th day of January 2017, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 4 72500.00011 \29449365.1 DRAFT 12/21/16 INTERIM URGENCY ORDINANCE NO. 1316 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. - I, Rachelle D. Klassen, City Clerk for the City of Palm Desert, California, DO HEREBY CERTIFY that Interim Urgency Ordinance No. - , the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the 12th day of January 2017, and said Ordinance was passed and adopted by the following stated vote, to wit: AYES: NOES: ABSENT: ABSTAIN: and was thereafter on said day signed by the Mayor of the City of Palm Desert. ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CITY CLERK ROBERT W. HARGREAVES CITY OF PALM DESERT, CALIFORNIA CITY ATTORNEY 5 72500.00011 \29449365.1 DRAFT 12/21/16 Short Term Rental Heat Map CityBoundary Dense Sparse Pen Dip °oil co ticks.. Nth 61Fasan Gerald For., 11! 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Please read the full disclaimer. • Municipal Code Table of Contents • Search • Ordinance List • Statutory References • CodeAlert - Recently Passed Ordinances Links: • City of Palm Desert - Home Page Contact: Palm Desert City Clerk: (760) 346-0611, Ext. 304 rklassen@ci.palm- desert.ca.us Tools - Liriks Palm Desert Municipal Code 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 establish regulations for the use of privately owned residential dwellings as short-term rentals that ensure the collection and payment of transient occupancy taxes (TOT) and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property 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 residential property for short-term rental purposes as defined in this chapter. (Ord. 1236 § 2, 2012) 5.10.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section "Applicable laws, rules and regulations" mean 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 the owner of the short-term rental unit or the owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager of the city of Palm Desert or designee. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of the Palm Desert Municipal Code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term rental units. "Local contact person" means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four hours per day, seven days per week for the purpose of (1) responding within sixty minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints. "Operator" means the owner or the designated agent or representative of the owner who is responsible for compliance with this chapter with respect to the short-term rental unit. http://gcode.uslcodes/paimdesertll 12/29/2016 10:42:03 AM 1 Palm Desert Municipal Code (Palm desert, California) "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term rental. "Property" means a residential legal lot of record on which a short-term rental unit is located. "Responsible person" means an occupant of a short-term rental unit who is at least twenty-one 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" means a permit that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this chapter, and that incorporates by consolidation a transient occupancy registration permit and any other potential licensing required in Title 5 of the Palm Desert Municipal Code. "Short-term rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than twenty- seven consecutive days or less. "Transient," for purposes of this chapter, means any person who seeks to rent or who does rent a privately owned residential unit for a period less than twenty-seven consecutive days or less. "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) 5.10.040 Authorized agent or representative. A. An owner shall designate the owner or an agent or a representative to comply with the requirements of this chapter on behalf of the owner. The owner or designated agent of representative is referred to as "operator" in 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's authorized agent or representative or the occupants of the owner's short-term rental unit or their guests. (Ord. 1236 § 2, 2012) 5.10.050 Short-term rental permit —Required. A. The operator is required to obtain a short-term rental permit from the city. pursuant to the provisions of this chapter and Chapter 3.28 respectively, before renting or advertising for rent any privately owned residential dwelling to any transient for a period Tess than a monthly basis. B. A short-term rental permit shall be required to be renewed on an annual basis based on the anniversary of the original permit issuance in order to remain valid. (Ord. 1243 § 1, 2012; Ord. 1236 § 2, 2012) 5.10.060 Short-term rental permit —Application. A. The operator must submit the following information on a short-term rental permit http://qcode.us/codes/palmdesert/[12/29/2016 10:42:03 AM] Palm Desert Municipal Code (Palm Desert, California) application form provided by the city: 1. The name, address, and telephone number of the owner of the subject short- term rental unit; 2. The name, address, and telephone number of the operator; 3. The name, address, and twenty-four hour telephone number of the local contact person; 4. The address of the proposed short-term rental unit:. 5. The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rentai unit; 6. Acknowledgement of receipt and inspection of a copy of the good neighbor brochure; 7. Such other information as the city manager or designee deems reasonably necessary to administer this chapter. B. The short-term rental permit application shall be accompanied by an application fee established by resolution of the city council. C. 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. D. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit for the same unit revoked within the past twelve calendar months. E. Within fourteen 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, which must be obtained prior to continuing to rent the subject unit as a short-term rental. (Ord. 1236 § 2, 2012) 5.10.070 Operational requirements and standard conditions. A. The operator shall use reasonably prudent business practices to ensure that the short-term rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-terrn rental unit, including Chapter 3.28 (Transient Occupancy Tax). B. Minimum Number of Days and Nights for Rent or Lease. The minimum number of days that a short-term rental shall be occupied for is three days, two nights. Less than three-day, two -night rentals or leases shall be prohibited. C. Maximum Number of Occupants. The maximum number of overnight guests for a short-term vacation rental shall not exceed two persons per bedroom. Additional daytime guests are allowed between the hours of seven a.m. and ten p.m., with the maximum daytime guests not to exceed two persons per bedroom with a maximum of twenty guests allowed for five bedrooms or more. The following table illustrates the maximum number of occupants: Number of Total of Overnight Total Daytime Occupants (Including Number of Overnight http://qcode.us/codes/palmdeser1/112/29/201 6 10:42:O3 AM] Palm Desert Municipal Code (Palm Desert. California) Bedrooms occupants Occupants) 0 — studio 2 4 1 2 4 2 4 8 3 6 12 4 8 16 5 10 20 6 12 20 7 14 20 D. Appearance, Visibility or Location. A short-term vacation rental 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. E. On -Site Parking Required. All parking associated with a short-term vacation rental shall be entirely on -site, in the garage, carport, and driveway or otherwise off of the public street. F. Noise. Occupants of the short-term vacation rental shall comply with the standards and regulations of the Palm Desert Municipal Code Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. 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 the outside of any short-term rental unit between the hours of ten p.m. and ten a.m. G. Renter Notification. The operator shah provide each occupant of the short-term vacation rental with the following information prior to occupancy of the unit and/or shall post such information in a prominent location within the unit: 1. Operator with twenty-four hour availability. 2. The maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. 3. Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. 4. A copy of the Palm Desert Municipal Code Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. 5. Notification that the occupant or owner may be 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. H. While a short-term rental unit is rented, the operator shall be available twenty- four hours per day, seven days per week for the purpose of responding within sixty minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit or their guests. I. The operator and the designated local contact person 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 or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and http://gcode.us/codes/palmdesert/[ 12/29/2016 10:42:03 AM j Palm Desert Municipal Code (Palm Desert. California) occupancy of the subject short-term rental unit. J. Prior to occupancy of a short-term rental unit, the operator shall: (1) obtain the name, address, and a copy of a valid government identification of the responsible person: (2) provide a copy of the good neighbor brochure to the responsible person; and (3) require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by 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 municipal code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit. K. The operator and/or the designated local contact person shall 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 unit, promptly respond within sixty minutes and 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 owner, and/or operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental within sixty minutes and appropriate manner shall be subject to all administrative, legal and equitable remedies available to the city. L. The operator and/or the designated local contact person shall report to the city manager, or designee, the name, violation, date, and time of disturbance of each person involved in three or more disorderly conduct activities, disturbances or other violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term unit. M. 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 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 municipal code. N. The operator and/or the designated local contact person shall 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, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term rental unit. 0. 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 or designee. In the instance of audio -only advertising of the same, the short-term rental permit number shall be read as part of the advertising. P. Unless otherwise provided in this chapter, the operator shall comply with all provisions of Chapter 3.28 of the municipal code concerning transient occupancy taxes, including, but not limited to, submission of a monthly TOT return in accordance with Section 3.28.070 of Chapter 3.28 of the municipal code, which shall be filed monthly even if the short-term rental unit was not rented during each such month. Q. The city manager, or designee, shall have the authority to impose additional http:/Igcode.us/codes/palmdesert![12129/2016 10:42:03 AM] Paim Desert Municipal Code (Palm Desert, California) 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. R. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the operator based on site -specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. (Ord. 1236 § 2, 2012) 5.10.080 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 transient occupancy tax 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) 5.10.090 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 or designee 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 or designee upon hearing, after giving the operator and/or owner ten days' notice in writing specifying the time and place of 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, or designee, 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. 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. 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. http://qcode.us/codes/paltndesert/[1 2/29/20 1 6 10:42:03 AM] Palm Desert Municipal Code (Palm Desert, California) 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 two hundred fifty dollars for the first citation; (2) an administrative fine in an amount not to exceed five hundred dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed one thousand dollars for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to: (1) a fine in an amount not to exceed one thousand dollars for the first citation; (2) a fine in an amount not to exceed one thousand five hundred dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed two thousand five hundred dollars for the third citation issued for the same offense within a twelve-month period of the date of the first offense. E. 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 five hundred dollars for a first conviction of an offense; (2) a fine in an amount not to exceed seven hundred fifty dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed one thousand dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand five hundred dollars. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to: (1) a fine in an amount not to exceed one thousand dollars for a first conviction of an offense; (2) a fine in an amount not to exceed one thousand five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed two thousand dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be five thousand dollars. F. 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) View the desktop version. Published by Quality Code Publishing, Seattle, Washington. http:/(geode.uslcodeslpalmdesert1112129120l6 10:42:03 AM]