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2005-09 Short Term Vacation Rentals . . . ORDINANCE NO. 2005-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, REGULATING SHORT-TERM VACATION RENTALS THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: "Chapter 9.38 SHORT-TERM VACATION RENTALS Sections: 9.38.010 9.38.020 9.38.030 9.38.040 9.38.050 9.38.060 9.38.070 9.38.080 9.38.090 9.38.1 00 9.38.110 Purpose--Findings and Determinations Short-Term Vacation Rental- Defined Short-Term Vacation Rental- Permit Required/Penalty Short-Term Vacation Rental Permit -- Requirements Violations and Penalties Imposition of PenaltieslRevocation - Procedure Fees and Permits - Not Exclusive Private Actions to Enforce Display of Short-Term Vacation Rental Permit Exterior Complaint Phone Number Display Effective and Operative Date 9.38.010 Purpose--Findings and Determinations The City Council finds and determines that the City has received numerous complaints related to Short-Term Vacation Rentals including, but not limited to, excessive noise, disorderly conduct, illegal parking, vandalism, overcrowding, traffic congestion and excessive accumulation of refuse. The City Council further finds and determines that these adverse impacts are related to the transitory nature of the occupants of Short-Term Vacation Rentals. The purpose of this Chapter is to establish regulations to address and mitigate these adverse impacts. This Chapter is not intended to regulate non-vacation type rental arrangements not generally characterized by the adverse impacts referenced in this Section. 9.38.020 Short-Term Vacation Rental- Defined "Short-Term Vacation Rental" means the rental of any structure or any portion of any structure for occupancy for dwelling, lodging or sleeping purposes of 30 consecutive days or less in the City, including detached single-family residences, condominiums, duplexes, townhomes, multiple-family dwellings and accessory units. 9.38.030 Short-Term Vacation Rental- Permit Required/Penalty Any Short-Term Vacation Rental established as a legal nonconforming use shall obtain a Short- Term Vacation Rental Permit pursuant this Chapter. Any person operating a Short-Term Vacation Rental without a permit shall be guilty of a misdemeanor. . 9.38.040 Short-Term Vacation Rental Permit - Requirements Short-Term Vacation Rentals shall be regulated in all zones including residential developments in PRDs (Planned Residential Districts), as follows: a. Applicants shall submit an application for a Short-Term Vacation Rental Permit to the City of Encinitas each year. The application for a permit shall be accompanied by a non-refundable application fee as established by the City Manager, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. Although the applicant may be the property owner or the property owner's agent, the property owner shall be the party responsible for compliance with all provisions of this Chapter and all of the laws regulating Short-Term Vacation Rentals. Upon change of property ownership or material fact, a new application for a Short-Term Vacation Rental permit shall be required to continue operation of the Short-Term Vacation Rental and within 14 days of said change the property owner or his or her agent shall submit the required application and fee. b. Granting or Denial of Application: The application shall be granted unless the applicant fails to demonstrate legal nonconforming use status, does not meet the conditions and requirements of the permit, or fails to demonstrate the ability to comply with the Encinitas Municipal Code and other applicable law. . c. Applicants shall use "best efforts" to insure that the occupants and/or guests of the Short-Term Vacation Rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Encinitas Municipal Code or any applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. d. Applicants shall, upon receiving notification that occupants or tenants of his or her Short-Term Vacation Rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the Encinitas Municipal Code or applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol or the use of illegal drugs, use best efforts to prevent a recurrence of such conduct by those occupants or guests and respond to any notification of violation within 24 hours. Failure to respond timely to two (2) or more complaints regarding tenant violations is grounds for penalties as set forth in this Chapter. It is not intended that the property owner, local agent or contact person act as a peace officer or place himself or herself in an at-risk situation. e. The property owner or agent shall limit overnight occupancy of the short-term rental unit to a specific number of occupants not to exceed 2 persons per . . 9.38.050 A. . bedroom or sleeping area plus 2 additional persons per residence. All other applicable occupancy laws shall apply. f. The property owner shall limit the number of vehicles of overnight occupants to the number designated in the permit which shall not exceed the number of designated on-site parking spaces. All designated on-site parking spaces shall be made available for the vehicles of occupants. g. The property owner or agent of a Short-Term Vacation Rental unit shall comply with all the provisions of the Encinitas Municipal Code including those provisions related to the accumulation of garbage and refuse on private property. Trash and refuse shall not be left or stored within public view except from sunset of the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All trash will be in approved receptacles or in secured-tied bundles not to exceed 1 cubic yard. h. The City Manager or his or her designee shall have the authority to impose additional standards and/or conditions to Short-Term Vacation Rental permits as necessary to achieve the objectives of this Chapter. Violations and Penalties The following conduct shall constitute a violation for which the penalties specified in subsection (8) may be imposed, or the permit suspended or revoked: 1. The property owner has failed to comply with the standard conditions pursuant to this Chapter; or 2. The property owner has failed to comply with additional conditions imposed by the City Manager pursuant to the provisions of 9.38.060(h); or 3. The property owner has violated any provision of this Chapter; or 4. The property owner has failed to pay applicable taxes or fees. B. The penalties specified in subsection (A) shall be as follows: 1. For the first violation within any 12 month period, the penalty shall be a fine not to exceed $250; 2. For a second violation within any 12 month period, the penalty shall be a fine not to exceed $500; 3. For a third violation within any 12 month period, the penalty shall be a fine not to exceed $750; 4. For a fourth violation within any 12 month period, the penalty shall be a fine not to exceed $1000.00 and/or suspension of the permit; and . . 5. For a fifth violation within any 12 month period, the penalty shall be a fine not to exceed $1000 and the permit may be revoked in accordance with the provisions of this Chapter. . 9.38.060 Imposition of PenaItiesIRevocation - Procedure Penalties, including a notice of violation, shall be imposed, and permits shall be revoked, only in the manner provided in this Section. A. The City Manager shall cause an investigation to be conducted whenever there is reason to believe that a property owner has failed to comply with the provisions of this Chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the investigator shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the property owner and operator or agent and shall specify the facts which in the opinion of the investigator, constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within 15 days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the City Manager. B. If the owner requests a hearing within the time specified in subsection (A), the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than 15 days, nor more than 45 days of receipt of request for a hearing. The City Manager or his or her designee shall preside over the hearing. The City Manager or his or her designee shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with this Chapter. The hearing shall be conducted according to the rules normally applicable to administrative hearings. A decision shall be rendered within 30 days of the hearing and the decision shall be appealable to the City Council if filed with the City Clerk no later than 10 days thereafter. 9.38.070 Permits and Fees not Exclusive. Permits and fees required by this Chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. The issuance of any permit pursuant to this Chapter shall not relieve the property owner of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of their property. 9.38.080 Display of Short-Term Vacation Rental Permit. Applicants shall affix the Short-Term Vacation Rental Permit on the inside of the main entry door of each Short-Term Vacation Rental unit to which it applies. . 9.38.090 Exterior Complaint Phone Number Display. Applicants shall display notice on the exterior of a Short-Term Vacation Rental unit, within plain view of the general public and/or common areas, a notice provided by the City containing a 24-hour 7-day phone number for a private party responsible for the facility to take complaints regarding its operation. Applicants are also required to provide adjacent property owners with the 24-hour 7-day phone number for a private party responsible for the facility. Applicants are . . . required to provide a response within 24 hours. The exterior display will also contain the maximum number of overnight occupants permitted to stay in the unit and the maximum number of vehicles for overnight occupants. 9.38.100 Private Actions to Enforce Any person who has suffered, or alleges to have suffered, damage to person or property because of a violation of this Chapter may bring an action for money damages and any other appropriate relief in a court of competent jurisdiction against the party alleged to have violated this Chapter. Nothing herein shall be deemed or construed to create any right of action against the City or any of its officers, employees, or agents. The sole purpose and intent of this Section is to create a right of action between private parties, entities and interests, which are or may be impacted or affected by various aspects of Short-Term Vacation Rentals within the City. 9.38.110 Effective and Operative Date This ordinance shall become effective pursuant to California law and operative upon the effective date of Ordinance 2005-06. Short-Term Vacation Rental applications for issuance ofa permit pursuant to this Chapter shall be submitted to the City no later than 30 days thereafter." EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after the date of its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance, or the title hereof as a summary, to be published in a newspaper of general circulation within the City of Encinitas as required by law. INTRODUCED at a regular meeting of the City Council of the City of Encinitas held on the 13th day of April, 2005, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Encinitas, California, held on the 15TH day of June 2005, by the following vote. AYES: NAYS: ABSENT: ABSTAIN: Bond, Dalager, Guerin, Houlihan. Stocks. None. None. D~O~ DAN DALAGER, MA R ATTEST: ~ a~<- tlEBORAH CERVONE, City Clerk