HomeMy WebLinkAboutORD 1417ORDINANCE NO. 1417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT-TERM
RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.
City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code
Chapter 5.10 Short-Term Rentals to update definitions and references, to
clarify the City’s short-term rental restrictions, and to phase out off -site
short-term rental permits in Hillside Planned Residential (HPR) zone.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the
updated Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals, attached
hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds that the updated short-term
rental ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense”
exemption. This determination is based on the clear assessment that there is no
possibility the ordinance may have a significant effect on the environment. The ordinance
primarily provides administrative clarifications regarding where short -term rentals are
permitted, focusing on specific residential zoning areas without expanding land use or
initiating new developments, thereby maintaining existing environmental baselines. It
ensures operational continuity for existing short-term rentals through defined phasing out
periods for specific permits, thereby preventing abrupt changes in land use intensity. The
adjustments are administrative in nature and do not involve any construction, physical
alterations, or increases in development intensity. The ordinance reaffirms current use
regulations and does not alter existing physical environmental conditions or promote
increased development, thus qualifying for the CEQA “common sense” exemption as it
bears no potential for significant environmental impact.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance. The Ci ty Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
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SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun,
a newspaper of general circulation, published and circulated in the City of Palm Deser t,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON OCTOBER 24, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1417 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a
regular meeting of the City Council held on October 24, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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Ordinance No. 1417 Page 3
Chapter 5.10 SHORT-TERM RENTALS
5.10.010 Title.
This chapter shall be referred to as the “Short-Term Rental Ordinance.”
5.10.020 Purpose.
A. The purpose of this chapter is to regulate privately-owned residential
dwellings, including those managed by homeowners’ associations, used as short-term
rental units within the city. This chapter seeks to ensure the payment and collection
transient occupancy taxes (TOT) and tourism business improvement district (TBID)
assessments, while minimizing 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.
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 unit
permits, notwithstanding any impacts to existing or future short-term permit holders.
Anyone accepting a short-term rental unit 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:
“Accessory Dwelling Unit” has the same definition as provided in PDMC Section
25.99.020 Land Use Definitions.
“Actively operating” means a short-term rental that is rented out/occupied for a
total of more than eighteen (18) days per calendar year.
Attachment “A”
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“Apartment” has the same definition as provided in PDMC Section 25.99.020
Land Use Definitions.
“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 host or operator applying for a new or renewal short-term
rental permit.
“Bedroom” means a private habitable room other than a kitchen, bath room or
living room intended for sleeping that is separated from other rooms by a door, having
at least one window that meets the Emergency Escape and Rescue Openings
requirements of the California Building Code, has a built-in closet/storage area, and is
accessible to a bathroom without crossing through another bedroom.
“Casita” means a detached or attached living quarters, not permitted or restricted
as an accessory dwelling unit or junior accessory dwelling unit, which occupies not
more than one-tenth of the area of the lot on which it is situated, and is designed for use
as a bedroom or office rather than an independent living facility and may have only
limited kitchen equipment.
“City manager” means the city manager of the city, or their 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.
“Guest” means any person who rents, stays at, occupies, or visits the short-term
rental unit as a transient occupant. The term “guest” includes any overnight guest
and/or any daytime guest.
“Functioning Homeowners’ Association (HOA)” means governing board of a
common interest development, formed under the Davis Sterling Act (California Civil
Code Section 4100). A Functioning HOA is characterized by the following: there is a
common area owned by the association or owners of separate interests, a declaration
and final subdivision map have been recorded; each homeowner has been conveyed a
separate interest coupled with an interest in the common area or membership in the
association; the governing board is elected by the homeowners, and the association
includes all residential properties within the recorded subdivision map. Additionally, a
Functioning HOA actively governs property uses, enforces community rules, and is
responsible for the maintenance and management of the development beyond merely
overseeing landscaped areas.
“Host” means a property owner who occupies the property during the entire
period of the short term rental.
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“Hosting Platform” means an individual or entity that facilitates short-term rental
bookings in exchange for a fee or other compensation, either dire ctly or indirectly, by
conducting transactions through various means.
“Junior Accessory Dwelling Unit” has the same definition as provided in PDMC
Section 25.99.020 Land Use Definitions.
“On-site short-term rental” means a short-term rental at a host’s primary
residence where the host remains on the property and resides in a bedroom or casita
throughout the guest’s stay, except during daytime or work hours.
“Off-site short-term rental” means a short-term rental where there is no host and
the operator resides off-site during the guest’s stay.
“Operator” means an owner or a property manager who offers or manages a
dwelling unit, or portion thereof, as an off -site short-term rental unit.
“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.
“Primary Residence” means a person’s permanent residence or usual place of
return for housing, verified by at least two of the following: driver’s license; voter
registration; tax records listing the dwelling as the person’s home; or a utility bill.
“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 guest who is at least twenty-
five years of age and who is legally responsible for ensuring that all guests of the short -
term rental unit and/or their daytime 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, with a permit number, issued by the
City to allow on-site or off-site short-term rentals.
“Short-term rental unit” means a privately-owned residential dwelling unit, or
portion thereof unless otherwise prohibited, including a casita, that is offered or provided
to a guest by an operator for twenty seven (27) consecutive nights or less. The term
“short-term rental unit” shall not include hotels, motels, inns, timeshares, or bed and
breakfasts.
“Transient” means any person who rents, stays at, or otherwise occupies a short-
term residential unit for a period of twenty-seven (27) consecutive nights or less.
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“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.
“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.
“Zone” has the same definition as provided in PDMC Section 25.99.020 Land
Use Definitions.
5.10.040 Authorized agent or representative – Off-site
Short-Term Rentals.
A. An owner shall designate an operator to act on the owner’s behalf to
ensure 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 guests of the owner’s short-term rental unit or their daytime guests.
5.10.050 Permit – Types Required.
C. Short-term Rental Permit Types. An owner ,host, or operator must obtain
one of the following short-term rental permit types to advertising, renting, or otherwise
operating any short-term rental unit, and shall be responsible for complying with all
requirements of this chapter:
1. On-site short-term rental permit. As a condition of the permit, the
host shall demonstrate regular occupancy, which may be by neighbor verification or
other means sufficient, in the discretion of city manager, to show regular and continuous
owner-occupancy prior to and during each rental period.
2. Off-site short-term rental permit.
D. Transient Occupancy Registration Permit. The permit type in subsection
A, when issued, shall also serve as the transient occupancy registration permit, as
provided in Section 3.28.060, if the applicant satisfies the requirements of this Chapter
and Chapter 3.28.
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5.10.060 Short-term rental permit for all types—
Application and processing requirements.
E. 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 the city manager deems reasonably necessary to
administer this chapter.
F. A short-term rental permit will not be granted for properties that do not
qualify under Section 5.10.070.
G. A short-term rental permit application shall be accompanied by payment of
an application processing fee established by resolution of the city council.
H. Within thirty days of a change of property ownership, the new owner 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.
I. 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.
J. A short-term rental permit must be renewed annually to remain valid.
Failure to renew a short-term rental permit within thirty calendar days of the expiration
date will result in the short-term rental permit being terminated.
K. 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
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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. A host 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. The city may conduct an inspection of the short-term rental unit prior to
issuing any new or renewal permit.
I. A short-term rental permit application may be denied if the applicant has
had a prior short-term rental permit suspended or revoked.
J. Within thirty (30) days of any change in information previously provided as
part of a new or renewal short-term rental permit application, the host or operator shall
provide city written notice of such change in information. This includes, but is not limited
to, change in operator, change in contact information, or any other change in material
facts pertaining to the information contained in the previously submitted short-term
rental permit application.
5.10.070 Short-term rental permit—permitted zones
and prohibited unit types.
K. On-Site Short-term Rentals
1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Single-Family/Mobile Home Residential District (R-1M)
c. Single-Family Residential District (R-1)
d. Single-Family Residential District (R-2)
e. Multifamily Residential District (R-3)
f. Hillside Planned Residential District (HPR), except when
governed by a Functioning HOA and the owner is prohibited
under the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental or prohibited by State law.
g. Planned Residential District (PR), except when governed by
a Functioning HOA and the owner is prohibited under the
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current Declaration of Covenants, Conditions and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental or prohibited under State law.
h. Downtown Edge Transition Overlay (DEO)
i. Downtown Edge District (DE)
j. Downtown (D)
2. Prohibited Unit Types in all zones:
a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units
d. Units with one bedroom or less
L. Off-Site Short-term Rentals
1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Multifamily Residential District (R-3)
c. Hillside Planned Residential District (HPR), if governed by a
Functioning HOA and the owner is permitted under state law
or the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental.
d. Planned Residential District (PR), if governed by a
Functioning HOA and the owner is permitted under state law
or the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental.
e. Downtown Edge Transition Overlay (DEO)
f. Downtown Edge District (DE)
g. Downtown (D)
2. Prohibited Unit Types in all zones:
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a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units
5.10.080 Off-site short-term rentals prohibited in HPR
zone.
M. A new off-site short-term rental permit within the HPR zone will not be
issued.
N. Existing off-site short-term rental permits in the HPR zone may be
renewed if otherwise qualified, but all such off-site short-term rental permits shall
terminate, and such uses permanently cease operation, by December 31, 2026.
O. If an existing off-site short-term rental permit is revoked pursuant to this
chapter, and the short-term rental unit is located in the HPR zone, then a new permit will
not be issued.
5.10.090 Operational requirements for all types of
short-term rental permits.
P. While a short-term rental unit is rented, the host or operator shall be
available twenty-four hours a day, seven days a week for the purpose of responding
within thirty minutes to complaints regarding the condition, operation, or conduct of
guests of the short-term rental unit.
Q. Upon notification that the responsible person and/or any 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 regula tion
pertaining to the use and occupancy of the subject short-term rental unit, the host or
operator shall promptly respond within thirty minutes in an appropriate manner to
immediately halt or prevent a recurrence of such conduct by the responsible person
and/or any guests. Failure of the host or operator to respond to calls or complaints
regarding the condition, operation, or conduct of guests of the short-term rental unit
within thirty minutes and in an appropriate manner shall render the host or operator
subject to all administrative, legal and equitable remedies available to the city, up to and
including short-term rental permit revocation.
R. The host or operator shall post the current short-term rental permit number
on, or in, any advertisement appearing in any newspaper, magazine, brochure,
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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 guests shall respect the neighbors’
privacy and enjoyment of their property.
S. The host or operator shall use reasonably prudent business practices to
ensure that the 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).
T. Guests 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.
U. 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.
V. The maximum number of overnight guests for a short-term rental unit shall
not exceed two persons per bedroom. Additional daytime guests are allowed between
the hours of seven a.m. and ten p.m., with t he additional maximum daytime guests not
to exceed two persons per bedroom with a maximum of twenty guests allowed for five
bedrooms or more. If the property is an on-site short-term rental, the host shall be
deemed to occupy at least one bedroom, which sh all reduce the number of bedrooms
available for overnight guests and reduce the total number of daytime guests permitted.
The following table illustrates the maximum number of overnight guests and daytime
guests permitted for an off-site short-term rental:
Number of Bedrooms Total of Overnight Guests Total Daytime Guests (Including Number of Overnight
Guests)
1 2 4
2 4 8
3 6 12
4 8 16
5 10 20
6 12 20
7 14 20
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W. 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.
X. No property use shall cross over any property line.
Y. 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.
Z. 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.
AA. 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 host or operator shall use reasonably
prudent business practices to ensure compliance with all the provisions of
Chapter 8.16 (Solid Waste) of the PDMC.
BB. Unless otherwise provided in this chapter, the host or 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.
CC. Transient occupancy taxes shall be collected on all short-term rentals
pursuant to PDMC Chapter 3.28 (Transient Occupancy Tax). If a hosting platform does
not collect payment for the rental, hosts or operators are solely responsible for the
collection of all applicable TOT and remittance of the collected tax to the City in
accordance with Chapter 3.28 (Transient Occupancy Tax). Upon compliance with the
Greater Palm Springs Tourism Business Improvement District (TBID) authorized by the
California Streets and Highways Code Section 36600 et seq., the host or operator shall
also be responsible for collection and remittance of all TBID assessments to the City.
DD. The City will post the short-term rental unit information on the City’s
website for the public to access.
EE. A short-term rental unit may not be operated as any other commercial
home-based business.
FF. If the dwelling unit used as a short-term rental unit is subject to the rules of
a homeowners’ or condominium association, short-term rental activity must comply with
those rules, and this chapter shall not be inferred to grant any permission that
invalidates or supersedes any provisions of those homeowners’ or condominium
associations.
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GG. The host or operator shall authorize all hosting platform(s) on which their
STR(s) is listed to provide to the City with the host’s or operator’s listing and other
information to demonstrate compliance with all provisions of this chapter.
5.10.100 Procedures for hosts, operators and guests.
Prior to occupancy of a short-term rental unit, the host or operator shall:
HH. Meet and greet the responsible person on-site or virtually and obtain their
name, address, and a copy of a valid government identification.
II. Provide the responsible person a copy of the Good Neighbor Brochure.
JJ. Provide the responsible person information about the city’s short-term
rental regulations.
KK. Require the responsible person to execute a formal acknowledgement in a
form acceptable to the city stating that he or she is legally responsible for ensuring that
all short-term rental unit guests maintain compliance 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 host or 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.
LL. Provide the responsible person with the host or operator’s twenty-four-
hour availability information.
MM. Provide the responsible person a copy of the maximum number of
overnight guests and the maximum number of daytime guests as permitted pursuant to
the chapter.
NN. 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.
OO. Provide the responsible person a copy of trash pickup day and applicable
rules and regulations pertaining to leaving or storing trash on the exterior of the
property.
PP. 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.
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QQ. Explain to the responsible person that the guests and 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.
RR. Provide written notice 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 ten p.m. and ten a.m.
5.10.110 Recordkeeping duties.
The host or 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 TOTs or TBID assessments owed to the city. The city manager
shall have the right to inspect such records at all reasonable times. Such records shall
be maintained at the host’s 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.
5.10.120 Violations.
SS. Additional Conditions. A violation of any provision of this chapter by any of
the guests, 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.
TT. Permit Modification, Suspension and Revocation. A violation of any
provision of this chapter by any of the guests, 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 host or operator fails to comply with any provision of
this chapter, the city manager upon hearing, after giving the host or 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 host or operator.
2. The city manager shall give the host or operator 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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3. The city manager 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 short term rental unit
complies with Section 5.10.070. 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.
UU. Notice of Violation. The city may issue a notice of violation to any guest,
host, or operator, pursuant to this chapter, if there is any violation of this chapter
committed, caused or maintained by any of the above parties.
VV. Administrative Citation. The city may issue an administrative citation to the
property owner(s) pursuant to Chapter 8.81 (Administrative Citations) 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 guests, host(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 for the first citation; (2) an
administrative fine in an amount not to exceed three thousand 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 five thousand dollars and an
immediate revocation of the short-term rental permit for a period of two years for the
third citation within a twelve-month period of the date of the first offense.
WW. 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 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 host or operator anywhere else within the city.
XX. Infraction. The city may issue an infraction citation to any guest, host 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 for a first conviction of an offens e; (2) a
fine in an amount not to exceed three thousand 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 five thousand dollars for the third conviction of the same
offense within a twelve-month period of the date of the first offense.
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Ordinance No. 1417 Page 16
YY. 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.
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