Loading...
HomeMy WebLinkAbout1748 - ORDINANCES - 9/17/2008 ORDINANCE NO. 1748 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE. PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS. City Attorney Summary This Ordinance adds Chapter 5.25 to the Palm Springs Municipal Code to provide regulations applicable to the rental of single-family or multi-family residential units fortwenty-eight consecutive days or less. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Chapter 5.25 is added to the Palm Springs Municipal Code to read: Chapter 5.25 Vacation Rentals Sections: 5.25.010 Title 5.25.020 Findings 5.25.030 Definitions 5.25.040 Registration Certificate Required 5.25.050 Agency 5,25.060 Vacation Rental Registration Requirements 5.25.070 Operational Requirements and Standard Conditions 5.25.080 Audit 5.25.090 Violations 5.25.100 Requirements Not Exclusive 5.25.010 Title. This Chapter shall be referred to as the "Vacation Rental Ordinance." 5.25.020 Findings. The City Council finds and determines as follows: (a) The use of single and multiple family dwelling units for vacation rental lodging purposes provides alternate visitor serving lodging opportunities in the City; however, such uses in certain single-family neighborhoods may have effects that can best be addressed through an appropriate City regulatory program. Ordinance 1748 Page 2 (b) The establishment of a regulatory program for vacation rental lodging will provide an administrative procedure to preserve existing visitor serving opportunities and increase and enhance public access to areas of the City and other visitor destinations. (c) The purpose of this Chapter is to establish regulations for such use of residential property thereby enabling the City to preserve the public health, safety, and welfare. (d) This Chapter is not intended to regulate hotels, motels, inns,time-share units, or non-vacation type rental arrangements including, but not limited to, lodging houses, rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitation homes. 5.25.030 Definitions. For purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Applicant" means the Owner or in the event the Vacation Rental unit is covered by an Exclusive Listing Arrangement, the agent or representative of the Owner. "City Manager" means that person acting in the capacity of the City Manager of the City of Palm Springs or the City Manager's designee. "Exclusive Listing Arrangement" means a written agreement between an Owner and an agent or representative where the agent or representative has the sole and exclusive right to rent or lease a Vacation Rental unit to any person and the Owner is prohibited from renting or leasing the Vacation Rental unit except through the Owner's agent or representative. "Good Neighbor Brochure" means a document prepared by the City Manager in consultation with the Office of Neighborhood Involvement and representatives of Owners that summarizes general rules of conduct, consideration, and respect, including without limitation provisions of the Palm Springs Municipal Code, that are applicable to or expected of residents of the City. "Local Contact Person" means a local property manager, Owner or agent of the Owner, who is available twenty-four(24) hours per day, seven (7)days perweekforthe purpose of responding within forty-five (45) minutes to complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental, or any agent of the Owner authorized by the Owner to take remedial action and respond to any violation of this Code. "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to a Vacation Rental. Ordinance 1748 Page 3 "Property" means a residential legal lot of record on which a Vacation Rental is located. "Responsible Person" means an occupant of a Vacation Rental who is at least eighteen (18) years of age and who shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this Chapter and/or this Code. "Vacation Rental" means one or more residential dwellings, including either single—family detached or multiple-family attached unit, or any portion of such a dwelling, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 28 consecutive days or less, other than ongoing month-to-month tenancy granted to the same renter for the same unit, occupancy on a time-share basis, or a condominium hotel as defined in Ordinance No. 1521 as such ordinance may be amended from time to time. "Vacation Rental Registration Certificate" means an annual registration submitted to the City pursuant to this Chapter. 5.25.040 Registration Certificate Required. No Owner of a Vacation Rental shall rent that unit for a period of twenty-eight consecutive (28) days or less without a valid Vacation Rental Registration Certificate for a Vacation Rental pursuant to this Chapter for that unit. 5,25.050 Agency. (a) An Owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of a complete Vacation Rental Registration, the management of the Vacation Rental unit or units, and the compliance with the requirements of this Chapter. Except as provided in subsection (b)of this Section and notwithstanding any agency relationships between an Owner and an agent or representative, the Owner of the Vacation Rental unit or units shall remain responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall not relieve the Owner of the Owner's obligations under the provisions of this Chapter. (b) In the event an Owner enters into an Exclusive Listing Arrangement, the Vacation Rental Registration Certificate may be secured, and the transient occupancy registration certificate requirements provided in this Chapter may be performed, by the agent or representative and not by the Owner. In addition, in the event an Owner enters into an Exclusive Listing Arrangement, the Owner will not be required to secure a separate business license for the business of operating a Vacation Rental. Ordinance 1748 Page 4 5.25.060 Vacation Rental Registration Requirements. (a) Prior to use of a property as a Vacation Rental, the Applicant shall register the property as a Vacation Rental with the City annually on a registration form furnished by or acceptable to the City Manager and signed by the Applicant under penalty of perjury. Each application shall contain the following information: (1) The name, address, and telephone number of the Owner of the unit for which the Vacation Rental Registration Certificate is to be issued. (2) The name, address, and telephone number of the agent, if any, of the Owner of the unit. (3) The name, address, and 24-hour telephone number of the Local Contact Person. (4) The address of the residential Property proposed to be used as a Vacation Rental. (5) The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit. (6) Evidence of a valid business license issued by the City for the separate business of operating Vacation Rentals or submission of a certificate that Owner is exempt or otherwise not covered by the City's Business Tax Ordinance (Division ll, Title 3 of the Palm Springs Municipal Code)for such activity. (7) Evidence of a valid transient occupancy registration certificate issued by the City for the Vacation Rental unit. (8) Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a Vacation Rental. (9) Such other information as the City Manager deems reasonably necessaryto administer this Chapter. (b) The registration of a Vacation Rental shall be accompanied by a fee established by resolution of the City Council, provided, however,the fee shall be no greater than necessaryto deferthe cost incurred by the City in administering the provisions of this Section. (c) The registration of a Vacation Rental shall be accompanied by proof of general liability insurance in the amount of one million dollars combined single limit and an executed agreement to indemnify, defend and save the city harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the registration of the Vacation Rental. Ordinance 1748 Page 5 (d) A Vacation Rental Registration Certificate may be denied if a registration certificate for the same unit and issued to the same Owner has previously been revoked pursuant to Section 5.25.090. The denial of a registration certificate for any reason may be appealed in accordance with to the provisions of Chapter 2.50 of the Municipal Code- (e) Upon change of property Ownership, agent, or other material facts set forth in the annual registration, a new registration for a Vacation Rental shall be required to continue operation of the Vacation Rental and within 14 days of said change the Owner or his or her agent shall submit the required registration and fee. 5,25.070 Operational Requirements and Standard Conditions. (a) The Owner shall use reasonably prudent business practices to ensure that the Vacation Rental unit complies with all applicable codes regarding Fire, Building and Safety, Health and Safety, and all other relevant laws. (b) The Owner shall limit overnight occupancy of the Vacation Rental unit to a specific number of occupants, with the maximum number of overnight occupants as two persons within each Vacation Rental Unit plus an amount that will not exceed two persons per bedroom within each Vacation Rental unit. The Owner shall also limit the total daytime occupancy of the Vacation Rental unit to a specific number of occupants not to exceed an amount determined by adding the total overnight occupants to a number equal to 50% of the overnight occupants; except that two daytime occupants shall be permitted in a studio unit or such other unit that does not contain a separate bedroom. The following chart is provided as an example of how this Section would be applied to specific situations: Number of Total of Overnight Additional Daytime Total Daytime Bedrooms Occupants Occupants Occupants 0 2 2 4 1 4 2 6 2 6 3 9 3 8 4 12 4 10 5 15 5 12 6 18 6 14 7 21 7 16 8 24 (c) During the term each Vacation Rental Unit is rented, the Owner, his or her agent, and/orthe local contact person designated bythe Owner, shall be available twenty- four(24) hours per day, seven (7)days perweek for the purpose of responding within forty- five (45) minutes to complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental. Ordinance 1748 Page 6 (d) The Owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the Vacation Rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any State Law. (e) Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within an enclosed Vacation Rental unit. (f) Prior to occupancy pursuant to each separate occasion of rental of a Vacation Rental, the Owner or the Owner's agent or representative shall: (i) obtain the name, address, and driver's license number of the Responsible Person; (ii) provide a copy of the Good Neighbor Brochure to the Responsible Person; and (iii) require such Responsible Person to execute a formal acknowledgement that he or she is legally responsible for compliance of all occupants of the Vacation Rental or their guests with all provisions of this Chapter and/or the Municipal Code. This information shall be readily available upon request of any officer of the City responsible for the enforcement of this Chapter. (g) The Owner, or his or her agent, shall, upon notification that the Responsible Person, including any occupant and/or guest of the Vacation Rental Unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the Municipal Code or any State Law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests. Failure of the Owner or his or her agent to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this Chapter. It is not intended that an Owner, agent, or local contact person act as a peace officer or place himself or herself in an at-risk situation. The Owner, or his or her agent, shall report the name, violation, date, and time of disturbance of each Responsible Party involved in three or more disturbances covered bythis subsection to the City Manager. (h) Trash and refuse shall not be left stored within public view, except in proper containers forthe purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The Owner of the Vacation Rental Unit shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code(waste disposal and diversion), and shall provide the highest level of solid waste collection service available to residential customers in the City(including without limitation "backyard collection"services or"walk-in service")or as may otherwise be approved by the City Manager. (i) The Owner of the Vacation Rental Unit shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the unit. Ordinance 1748 Page 7 Q) The Owner shall provide each occupant of a Vacation Rental with the following information prior to occupancy of the unit and/or post such information in a conspicuous place within the unit: (1) The name of the managing agency, agent, rental manager, local contact person, or Owner of the unit, and a telephone number at which that party may be reached on a 24-hour basis. (2) The maximum number of overnight occupants and the maximum number of daytime occupants permitted to stay in the unit. (3) The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property. (4) Notification that the amplification of music outside of the dwelling unit is a violation of this Chapter. (5) Notification that the occupant may be cited or fined by the City and/or immediately evicted by the Owner pursuant to State law, in addition to any other remedies available at law, for creating a disturbance or for violating other provisions of this Chapter. (6) Notification that failure to conform to the occupancy requirements of the Vacation Rental unit is a violation of this Chapter. (7) A copy of this Chapter of the Palm Springs Municipal Code, as may be amended from time to time. (k) The use of a Vacation Rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property. (1) The Owner shall comply with all provisions of Chapter 3.24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080. The monthly return shall be filed each month regardless of whether the Vacation Rental Unit was rented or not during each such month. (m) A copy of the Vacation Rental Registration, including all of the information required in Section 5.25.060 (a)(1-5) shall be mailed or delivered to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within three hundred feet of the Vacation Rental Unit and to the Office of Neighborhood Involvement of the City. Such information shall be provided at least annually or within fourteen (14) days of any change of information as required pursuant to Section 5.25.060 (e). Ordinance 1748 Page 8 (n) The City Manager shall have the authority to impose additional standard conditions, applicable to all Vacation Rental units, as necessary, to achieve the objectives of this Chapter. A list of all such additional standard conditions shall be maintained and on file in the Office of the City Clerk and such offices as the City Manager designates. (o) The standard conditions may be modified by the City Manager upon request of the Owner or his or her agent based on site-specific circumstances for the purpose of allowing reasonable accommodation of a Vacation 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 Vacation 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 to the standard conditions shall not further exacerbate an already existing problem. 5.25.080 Audit. Each Owner and agent or representative of any Owner shall provide access to each Vacation Rental and any records related to the use and occupancy of the Vacation Rental to the City Manager at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this Chapter are being fulfilled. 5.25.090 Violations. (a) Any person who uses, or allows the use of, residential property in violation of the provisions in this Chapter is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this Chapter. Violations are punishable pursuant to Section 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of the Municipal Code, except that the fine for a first violation shall be $250.00 and each subsequent violation shall be $500.00. (b) Notwithstanding the provisions of Chapter 1.06, any pre-citation or courtesy notice issued for violations specified in this Section may provide for a reasonable compliance date or time of less than fifteen (16) calendar days but at least thirty (30) minutes from the date or the time the pre-citation notice is given if, due to the nature of the violation, a shorter compliance period is necessary or appropriate, as determined in the reasonable judgment of the City official issuing the notice. (c) Upon the fourth or subsequent violation in any twenty-four month period,the City Manager may suspend or revoke the Vacation Rental Registration Certificate for a Vacation Rental unit. The appeal and hearing provisions of Chapter 1.06 shall apply to any revocation or suspension of a Permit. Ordinance 1748 Page 9 (d) The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code or other public nuisance. 5,25.900 Requirements Not Exclusive. The requirements of this Chapter shall be in addition to any license, permit, or fee required under any other provision of this Code. The issuance of any permit pursuant to this Chapter shall not relieve any person of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of the Vacation Rental unit or the property on which it is located. SECTION 2- Owners of Vacation Rentals shall make application for Vacation Rental Registration Certificate pursuant to this Chapter within sixty (60) days after the effective date of this Chapter. Owners of Vacation Rentals who, prior to the effective date of this Chapter, failed to obtain a transient occupancy registration certificate pursuant to Chapter 3.24 of the Municipal Code, may do so without penalty notwithstanding the provisions of Chapter 3.24, if an application for the certificate is filed no later than sixty (60) days after the effective date of this Chapter. SECTION 3. If any provision, clause, sentence, or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and,to this end,the provisions of this Ordinance are hereby declared to be severable. SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2008- STEP EN P. POUGNET, MAYOR ATTEST: I . ME5 THOMPSON, CITY CLERK Ordinance 1748 Page 10 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1748 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 3'd day of September, 2008 and adopted at a regular meeting of the City Council held on the 17th day of September, 2008 by the following vote: AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: Councilmember Hutcheson. es Thompson, City Clerk ity of Palm Springs, California p