June 27, 2020 — During a Dunes City council meeting on Wednesday, councilors were presented with a rough draft ordinance regarding possible regulations on short-term rentals in the city.
The draft is in response to multiple complaints the city received about an Airbnb property on Woahink Lake, which neighbors contend was becoming a nuisance. Issues included loud late night parties, excessive littering and damage to neighboring properties by the renters.
In response, Dunes City Council stated that they would look at possible regulations for such properties, beginning with a draft ordinance to help facilitate a public dialogue.
“It is very rough and needs a lot of changes made,” Dunes City Administrator Jamie Mills told Siuslaw News.
She stressed that the ordinance only applies to short term rentals like Airbnb — RV parks, resorts or motels are not covered by the ordinance. The full draft ordinance can be found below.
“The Dunes City Council finds that the characteristics, operations, and potential impacts of short-term rentals operating in the city necessitate (a) The establishment of reasonable regulations for such operations, and (b) A separate licensing requirement for such rentals,” the ordinance reads. “Dunes City desires to adopt reasonable regulations on short-term rentals to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the city’s citizens.”
The draft includes requirements for short term rentals to apply for a license while adhering to “Good Neighbor Guidelines.” The requirement would apply to both new and existing rental properties, with existing rentals having until Oct. 1, 2020, to comply.
If a property receives complaints, “the owner and/or representative must maintain a record of complaints and actions taken in response to each complaint, as applicable, in an electronic or written manner deemed reasonable to document the interaction,” the draft read. “Such record must then be made available for inspection by the city within 48 hours after request from the city administrator.”
If a rental owner fails to resolve the complaints, they could be deemed a public nuisance and have their license revoked. A full copy of the ordinance can be found online at SiuslawNews.com.
As Dunes City stressed, multiple changes needed to be made to the ordinance and the councilors and city staff are looking for public input for revisions, additions and deletions.
“I for one would like to see a committee, and get the information over to business owners to sit down and talk about it,” said Dunes City Mayor Robert Forsythe. “If you remember, when we [spoke] about this, we had two businesses within Dunes City that are dealing with short-term rentals. They were very adamant that they had strong contracts. I would like them to come in.”
Some of the owners were fearful that the city wanted to ban short term rentals outright, which is not the intention of the city.
Forsythe said, “They were very much in favor of sharing the rules and regulations they have within their profession so that we might adapt that into a code or policy.”
He also stressed the importance of getting feedback from neighbors of short-term rental properties to ensure their voice is heard in drafting regulations.
“I would like to see residents attend that aren’t necessarily in agreement,” Forsythe said. “It’s always good to hear both sides. I’m surrounded by neighbors I know on all sides. Anybody who has concerns, invite them in, too.”
The city has already created an Ad Hoc Committee on short-term rentals, with a first meeting planned to be held at Dunes City Hall on Wednesday, July 15, at 5 p.m. Those interested in attending have been requested to contact the city beforehand, so the city can plan social distancing requirements.
In other news from Dunes City Council meeting, Mills gave a reminder that “Volunteer of the Year” applications were still being accepted, with nomination forms available on the website or by phone. There are also openings on the Planning Commission and the Budget Committee for area residents who want to get involved. In addition, there will be a special session on Wednesday, July 8, at 5 p.m. for consideration of the city’s fiscal year budget.
Finally, Forsythe presented the idea of creating an additional committee with members of the public.
“I’d like to start a committee where we can sit and talk with business owners that exist in our city right now, and anybody else that would like to be involved, to talk about how our city in general can raise revenue without taxing citizens and brainstorm on how that might happen,” he said.
In 2018, the city attempted to pass a small tax to help secure funds from the state, including cigarette taxes. Citizens voted down the tax. Since then, the city has been able to work with the state on ensuring funds would be kept, but upcoming budget increases, including PERS payments, could make funding difficult.
“This city will probably cease to exist in three years, in my math, if we don’t have a way of raising revenue,” Forsythe said. “I’d like to start these conversations because we aren’t going to have a good outcome if we try and tax people. So I would like to spend these months trying to figure out how to raise revenue in a different fashion and manner, and see if we can come up with something unique and different to support the city and its residents, other than taxation. Whether that’s possible, I have no idea. It’s just a brainstorm.”
Forsythe stated that he would reach out to local businesses owners to help form a committee.
For more information about Dunes City, visit dunescityhall.com.
ORDINANCE NO. 256
AN ORDINANCE ADDING A NEW CHAPTER 123 TO TITLE XII OF THE DUNES CITY CODE OF ORDINANCES ENTITLED “SHORT TERM RENTALS”, AND OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City of Dunes City, through its City Council, is responsible for enacting ordinances for the effective and efficient operation of the City of Dunes City for the benefit of its residents; and
WHEREAS, the Dunes City Council finds that the characteristics, operations, and potential impacts of short-term rentals operating in the City necessitate (a) The establishment of reasonable regulations for such operations, and (b) A separate licensing requirement for such rentals; and
WHEREAS, Dunes City desires to adopt reasonable regulations on short-term rentals to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the City’s citizens.
NOW, THEREFORE, THE CITY OF DUNES CITY ORDAINS AS FOLLOWS:
Section 1. A new Chapter 123 shall be added to Title XII of the Dunes City Code of Ordinances to read as found in Exhibit A attached hereto and incorporated by reference herein.
Section 2. EFFECTIVE DATE. This Ordinance shall take effect on the 30th day after its adoption.
Section 3. SEVERABILITY. If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, or superseded by State or federal legislation, rules, regulations or decisions, the remainder of this Ordinance shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant, and portion of this Ordinance shall be valid and enforceable to the fullest extent permitted by law. In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Ordinance, then the provision shall be read to be preempted only to the extent required by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended, or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect and shall thereafter be binding, without the requirement of further action on the part of the City.
Section 4. OTHER REMEDIES. Nothing in this Ordinance shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance. Non-exclusive remedies for enforcement are all those available under State and County laws including seizure of property, civil and criminal penalties.
Section 5. CAPTIONS. The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference to the sections and provisions contained herein. Such captions shall not affect the meaning or interpretation of this Ordinance.
Section 6. SCRIVENER’S ERRORS. Any scrivener’s errors in this Ordinance may be corrected by Resolution of the City Council.
Passed at the first reading in regular meeting of the City Council of Dunes City, Oregon, on the ______ day of _________________, 202___.
Ayes: ___________ Nays:_________ Abstain: Absent: Vacant: ______
Passed at the second reading and placed on final passage, and adopted by the City Council of Dunes City, Oregon on this _______ day of ____________________, 202___.
Ayes: ___________ Nays:_________ Abstain: Absent: Vacant: ______
ADOPTED BY THE DUNES CITY COUNCIL THIS ______ DAY OF __________________, 202____.
Robert Forsythe, Mayor
Jamie Mills, City Recorder
Short-Term Rental Operating License
The provisions of this Chapter apply to all short-term rentals operating in the City limits.
The purpose of this Chapter is to provide an administrative framework and licensing scheme for short-term rentals operating in the City limits.
For purposes of this Chapter, the following terms and phrases have the meanings assigned to them below:
Applicant(s) means the person applying for a license to operate a short-term rental in the City.
Authorized Agent” means a property management company, other entity or person designated by the owner, in writing, to act on the owner’s behalf.
City means the City of Dunes City, Oregon.
City Council or Council means the City’s elected legislative body.
City Administrator means the City’s City Administrator or his or her designee(s).
Code means the Dunes City Code of Ordinances.
Dwelling Unit(s) means a living facility that includes provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code, for not more than one family.
Immediate Family is defined as spouse, registered domestic partner, parents, children, children of the spouse/registered domestic partner, siblings, grandparents, grandchildren, parents of the spouse/registered domestic partner, and other close relatives who reside in the owner’s household.
License or Operating License means the license required to operate a short-term rental under this Chapter.
Licensee(s) means the owner who has received a license under this Chapter.
Owner(s) means the natural person or legal entity that owns and holds legal and/or equitable title to the subject property. If the owner is a busines entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership, or similar entity, each person who owns an interest in that business entity is considered an owner. For purposes of filing applications and/or other documentation with the City under this Chapter, Owner includes the authorized agent.
Person means any natural person, corporation, limited liability company, partnership, limited liability partnership, joint venture, firm, association, trust, incorporated organization, and/or any other entity, whether acting in an individual, fiduciary or other capacity.
Short-term Rental(s) means a dwelling unit used by any person or group of persons entitled to occupy the dwelling unit for rent for a period of less than Thirty (30) consecutive days and includes, without limitation, existing short-term rentals and owner-occupied short-term rentals. Short-term Rental(s) does not mean bed and breakfast inns, hotels, and/or motels.
Short-term Rental Operating License or license(s) means permission granted by the City under this Chapter to operate, manage and/or otherwise make available for rent a short-term rental.
Transfer means any change of ownership of a property approved to operate as a short-term rental under this Chapter 123, whether or not there is consideration; provided, however, Transfer does not include the following: (a) Upon the death of the owner, a change in ownership where title is held in survivorship with a spouse or domestic partner; (b) Upon the death of the owner, a transfer to a trust which benefits only the decedent’s spouse, child(ren), or registered domestic partner for the lifetime of the spouse, child(ren), or registered domestic partner; (c) The transfer of ownership of the real property to or between the members of a limited liability company or partnership when the transfer involves the same owner(s); and/or (d) The transfer to a trustee, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, if at least one owner is living at the time of transfer and retains at least a Twenty-Five percent (25%) interest in the entity.
- 123.004 OPERATING LICENSE REQUIRED
No person may establish, maintain, operate, advertise, offer, rent, manage, and/or otherwise make available and/or allow any other person to make available for occupancy and/or use, a short-term rental within the City without first applying for and obtaining an operating license and paying all applicable license and other fees in accordance with this Chapter. The license term will be for a fiscal year, beginning July 1 and ending June 30 of the immediately following year. Notwithstanding anything contained in this Chapter to the contrary, a separate operating license is required for each dwelling unit, whether on the same legal lot or a separate legal lot, operating as a short-term rental. For purposes of this Section 123.004, Advertise or Offer includes, without limitation, through any media, whether written, broadcasted, posted, electronic, web-based, digital, mobile, or otherwise.
123.005 LICENSE APPLICATION; RENEWAL; FEES
- Initial Application. Application forms for operating licenses will be available at Dunes City Hall. The application documents must be filed with the City Administrator and, in addition to any other information requested by the City Administrator, including, without limitation, information necessary to satisfy applicable criteria under Section 123.007 of this Chapter 123, must contain the following information along with a certification that the submitted information is true and correct:
- Owner Information. Owner name(s), permanent residence address(es), permanent residence telephone number(s), an email contact, and the short-term rental address and telephone number. The application must also include the name(s), mailing address(es), and telephone number(s) of each person holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property.
- Representative Information. If the owner does not permanently reside within the Dunes City limits and/or is not available during the time when the property is being rented, the owner must provide the name, telephone number, email address, and street address of a representative (which can be a person or a company) who may be contacted concerning use of the property (e.g., complaints)_ related to the short-term rental. The authorized agent may be the designated representative for purposes of this provision.
- Listing Number. The listing number(s) or website address(es) of where the short-term rental is advertised which may include, without limitation, the VRBO, Airbnb, and/or rental website number or account number and/or URL.
- Additional Information. Such other information as the City Administrator deems necessary to administer this Chapter.
- Renewal Application. A license renewal application will include information similar in nature to that provided on the licensee’s initial permit application and any other information requested by the City Administrator including, without limitation, information necessary to satisfy applicable criteria under Section 123.007 of this Chapter 123.
- Timing. Subject to the provisions of this Chapter, an application must be submitted in accordance with the following timelines, as applicable:
- Existing Short-Term Rentals. A complete initial operating license application and fee for each existing short-term rental must be received by the City on or before October 10, 2020. Notwithstanding anything herein to the contrary, an operating license issued under this provision must be renewed on the immediately following October 1 and on October 1 of each year thereafter.
- New Short-Term Rentals. For a property with a new permit issued after the effective date of this Chapter, the owner and/or authorized agent must apply for an initial operating license at least Thirty (30) days prior to listing the property for rent as a short-term rental. Notwithstanding anything herein to the contrary, an operating license issued under this provision must be renewed on or before the immediately following July 1 and on or before July 1 of each year thereafter.
- Property Transfers. The new owner of an existing short-term rental must submit a complete initial operating license and fee within Sixty (60) days of the date of the transfer of the property (recording of the deed evidencing such change of ownership). Notwithstanding anything herein to the contrary, an operating license issued under this provision must be renewed on or before the immediately following July 1 and on or before July 1 of each year thereafter.
- Incomplete Application. If, after a preliminary review, the City Administrator determines that an operating license application does not include all required materials, the application will be considered incomplete and the City will notify the applicant, in writing, of the deficiencies. If the applicant provides the missing required information within Twenty (20) days of the date of the City’s notice, the application will be considered timely submitted. If the applicant does not provide the required information, the application will be deemed withdrawn.
- License Fee. Each application (initial or renewal) must be accompanied by all applicable fee(s). The application and investigation fees for initial license applications and license renewal applications will be in an amount set from time to time by Resolution of the City Council. No portion of the fee is refundable if a license is denied or operating of the short-term rental is discontinued for any reason. Fee(s) for late renewal applications, invitation, and/or any required inspections, may be established, from time to time, by Resolution of the City Council.
- 123.006 TERMINATION; EXPIRATION
- Termination. Subject to the provisions of this Chapter 123, a license terminates automatically on June 30 of each year unless a license renewal application is approved in accordance with this Chapter 123. An operating license may be obtained and/or renewed as required in this Chapter 123. The ability to operate a short-term rental in the City will be deemed discontinued, abandoned and forfeited for failure to obtain or renew a license to operate as provided in this Chapter 123.
- Late Applications; Expiration
- Notice – Late Applications. It shall be the responsibility of the Licensee to ensure renewal of an existing license is filed in a timely manner. City will send a notice of expiration of an existing license to the owner and authorized agent (if applicable) of any short-term rental for which a timely renewal application has not been received, advising the owner that the owner has Twenty (20) days from the date of the notice to apply for renewal. An application will be considered timely submitted if the City receives a complete application, accompanied by the required fees, within the Twenty (20) day period.
- License Expiration.
- If the owner fails to submit a complete application prior to expiration of the Twenty (20) days late period described in Section 123.006(B)(1), the ability to operate a short-term rental will conclusively be deemed discontinued, abandoned and forfeited with no further action by the City.
- For new short-term rentals or the new owner of an existing short-term rental, once the Sixty (60) day initial license application filing period referenced in Section 123.005 (C)(2) or (3) expires, as applicable, the ability to operate a short-term rental will conclusively be deemed discontinued, abandoned and forfeited and with no further action by the City.
- 123.007 LICENSE REVIEW CRITERIA
- Burden of Proof. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval of an initial or renewal operating license. Approval criteria also operate as continuing Code compliance obligations of the owner. City may require that other licenses and/or permits be obtained if the short-term rental will include other activities requiring permits or licenses under applicable City Codes, ordinances and/or rules and regulations. The need for other licenses or permits will be determined by City during the application review process. City staff may verify evidence submitted and the applicant will cooperate fully in any investigation.
- Criteria. In addition to any other conditions and/or requirements imposed by the City, the City Administrator will review an application for an operating license to determine compliance with all review criteria, including, without limitation, the following:
- Prior Use. Unless a hardship exemption has been granted under Section 123.010(F), the application for operating license for an existing short-term rental or a license renewal application must demonstrate that the property has been rented at least once as a short-term rental in the immediately preceding Twelve (12) months, as demonstrated by submission of a transient room tax remittance form.
- Contact Information. The owner has provided information sufficient to verify a qualified person will be available for contact regarding use of the short-term rental during and after business hours. The owner or representative must be available to be contacted by telephone to ensure a response to the short-term rental address at all hours (i.e., 24 hours a day, seven days a week, including holidays) while the property is occupied for rent. The designated representative may be changed from time to time throughout the term of the license upon Fourteen (14) days prior written notice to the City. In an emergency or absence, contact information for a second qualified person may be provided.
- Notice to Neighbors. Certification that the owner (a) Provided an annual mailing or otherwise distributed by hand, a flier to neighbors within a 300-foot radius of the short-term rental property address containing contact information for the owner and/or representative, or (b) Subject to the City’s sign regulations, posted a small placard or sign near the adjacent street(s) such that the sign or placard may be visible from the public or private right-of-way advising neighbors and tenants of the contact information for the owner and/or representative. The purpose of this notice is to inform adjacent property owners and residents of contact information to report and/or request resolution of problems associated with the operation of the of the subject short-term rental. If the permanent contact information changes during the license period, the new information must be mailed or distributed again, or changed on the placard or sign.
- Availability. Acknowledgement that City may maintain a list of active short-term rental licenses, including, without limitation, the owner and/or representative’s name and telephone number, publicly available upon request.
- Fire and Emergency Safety. A completed checklist, as developed by the City, for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) must be submitted with each initial and renewal application. Additionally, floor plans for the short-term rental shall be provided to the City for use by the local Fire Department, should the need arise.
- Good Neighbor Guidelines. Certification that the good neighbor guidelines will be effectively relayed to short-term rental tenants, by incorporating the guidelines into the rental contract, including them in the rental booklet, posting them in a conspicuous place in the short-term rental, or other similar method. Renewal applications must include evidence that the good neighbor guidelines have been (and will continued to be) relayed to all short-term rental tenants.
- Insurance. Evidence of compliance (or ability to comply prior to issuance of a license) with insurance requirements under Section 123.009(C).
- Septic Use Expansion Approval. A copy of an approved On-Site Wastewater Authorization Notice for the change in use of the septic system from single family residential to commercial short-term rental.
- No Pending Actions or Violations. As of the date the application is submitted to the City, the owner or a short-term rental must not have received a notice of violation issued by the City, or any civil citation, regarding compliance with the short-term rental or subject property with any federal, State, and/or local law, rule, regulations, and/or ordinance, including, without limitation, any provision of the Code and Dunes City Land Use Codes. A Voluntary Assurance of Compliance, Negotiated Compliance Agreement, or Deferred Sentence Agreement will satisfy the requirement that there be no pending actions of violations. The owner must be in compliance with any State, County, or City taxing laws, Code, ordinance or regulations, and subject to the tax administrator’s authority under those provisions.
Notwithstanding anything contained in this Chapter 123 to the contrary, the operating license is issued in the name of the property owner and is not transferable. The operating license will terminate and be deemed void upon the transfer of the property approved as a short-term rental. Notwithstanding the immediately preceding sentence, the operating license for an existing short-term rental will not be terminated and/or deemed void if the new owner applies for and obtains a new operating license within Sixty (60) days of the date of the transfer of the property (recording of the deed evidencing such change of ownership) as required under Section 123.005(C)(3).
- 123.009 OPERATING REQUIREMENTS
Except as otherwise expressly provided under this Chapter 123, each short-term rental is subject to and must be operated in accordance with the following operating regulations, in addition to all other applicable federal, State, and/or local laws regulations, and/or ordinances:
- Compliance with Applicable Laws. The short-term rental must at all times be operated in compliance with applicable Oregon laws and regulations, including, without limitation, this Chapter 123; all land use/development, building, and fire codes; and all other federal, State and local laws, regulations, and ordnances, including, without limitation, the payment of all fines, fees and taxes owing to the City, including, without limitation, all taxes and/or fees due and owing.
- Additional License Required. Each person desiring to operate one or more short-term rentals must have a current City business license and be registered under Chapter 120 of the Code.
- Insurance. Each owner of a short-term rental must obtain and maintain commercial general liability insurance in an amount not less than $500,000 combined single limit for personal injury and property damage and $1,000,000 in the aggregate or as otherwise prescribed by Resolution of the City Council. A homeowner’s insurance policy or endorsement that provides coverage for short-term rentals by paying guests and has the minimum levels contained in this Section 123.009 may satisfy this requirement. Any insurance policy must cover the actions of the tenants or invitees of the short-term rental.
- License Display. A short-term rental license issued by the City must be displayed in a prominent location within the interior of the dwelling adjacent to the front door. The license must contain the following information: (a) A number or other identifying mark unique to the operating license which indicates the license is issued by the City, with the date of expiration; (b) The name of the owner or representative and a telephone number where the owner or representative may be contacted; (c) Any required information and conditions specific to the operating license; (d) The property address; and (3) The City of Dunes City’s official logo.
- Response to Complaints. The owner and/or representative must respond to neighborhood questions, concerns, and/or complaints in a reasonably timely manner depending on the circumstances and in compliance with this Section 123.009 E.
- Complaints. The owner and/or representative must maintain a record of complaints and actions taken in response to each compliant, as applicable, in an electronic or written manner deemed reasonable to document the interaction. Such record must then be made available for inspection by the City within Forty-Eight (48) hours after request from the City Administrator.
- City Authority. Certain types of complaints are subject to the City’s regulatory authority under other sections of the Code, including, without limitation, complaints under Chapters 36, 91, 130, and 141 of the Code. Noting contained in this Chapter 123 is intended or will be construed to require the owner, agent, and/or representative act as a peace officer or Code Enforcement Officer or put themselves in an at-risk situation. However, reasonable initial inquiries or complaints related to noise disturbances, occupancy or parking must first be made to the owner or representative. In addition, complaints specifically related to the Good Neighbor Guidelines, or the condition, operation, and/or conduct of the occupants of the short-term rental, should first be made to the owner or representative. If there is a failure to respond or a clearly inadequate response by the owner or representative, a complaint may be submitted to the City on a form provided by the City and City will respond or investigate as needed. City will first seek voluntary compliance or resolution, but if the City finds substantial evidence supporting further action given the complaint(s), the City may issue a warning under this Section 123.009(E)(4).
- Records. Subject to applicable law, including, without limitation, Oregon Public Records Law, the City may provide the owner and/or representative information contained in a complaint.
- Grounds for Warning. Repeated failure of the owner or representative to timely and reasonably respond to a complaint(s) relayed by City staff is considered grounds for a warning and potential license revocation under Section 123.010. Issuance of a noise citation (as sustained on appeal if applicable) to a tenant may be grounds for a warning to the owner, only if under the circumstances, in the reasonable judgment of the City Administrator, the owner should be held responsible. Issuance of a public nuisance citation may be grounds for a warning in the appropriate circumstances.
- Administrative Rules. The City Council may establish administrative rules and regulations consistent with the provisions of this Chapter for purposes of interpreting, clarifying, carrying out, furthering, and/or enforcing the provisions of this Chapter 123, including, without limitation, Good Neighbor Guidelines. A copy of such administrative rules and regulations will be on file in the office of the City Administrator and be posted on the City’s website.
- Reporting. On or before the 15th day of each moth, each owner of a short-term rental will submit to the City a written report, on a form provided by the City, concerning rental information for the immediately preceding month including, without limitation, the number of nights the short-term rental was occupied by short-term tenants.
- 123.010 REVOCATION PROCEDURE; VIOLATIONS; PENALTIES
- Grounds for Denial, Suspension, Revocation. The City Administrator may deny, suspend, or revoke a license for any of the following:
- Failure to comply with this Chapter 123 and all other laws, rules, ordinances or regulations of the City;
- Submitting falsified information to the City, including, without limitation, providing material misstatements and/or falsified information in the initial license application and/or license renewal application process;
- Noncompliance with any other City ordinances or regulations or violations of federal, State, and/or local laws, regulations, and/or ordinances including, without limitation, transient room tax laws;
- Failure to renew an operating license as set forth in Section 123.005;
- Failure to demonstrate proof of use of the short-term rental during the prior Twelve (12) months at the time of license renewal; and/or
- Such other violations of this Chapter 123 of sufficient severity, in the reasonable judgment of the City Administrator, so as to provide reasonable grounds for revocation of the operating license.
- Notice. The City Administrator will provide written notice of any license denial, suspension, or revocation and reasons therefor to the applicant or licensee by first-class mail at least Ten (10) calendar days prior to the effective date of the denial revocation, or suspension
- Appeal. A decision to deny, suspend, or revoke a permit may be appealed by personally delivery a written notice of appeal to the City Administrator, together with the appropriate fees for filing the same, on or before the effective date of the denial, suspension, or revocation. The City Administrator’s decision to revoke or suspend is stayed pending appeal. The City Administrator will transmit the Notice of Appeal, together with the file of the appealed matter, to the City Council, after which transmission the City Council will fix a time and place of hearing of the appeal. The City Council will give the appellant not less than Ten (10) days’ prior written notice of the time and place of hearing of the appealed matter. The City Council will determine whether the City Administrator’s decision was based on a preponderance of the evidence for factual matters and noncompliance with applicable law for legal matters. A decision of the City Council will be reduced to writing and will be based upon the evidence received./arguments presented. The City Council may amend, rescind, or affirm the appealed decision. The City Council’s decision will be final on the date of mailing the decision to the appellant. The City Council’s decision is the final decision of the City and is appealable only by writ of review to the Lane County Circuit Court. The City Council may establish by resolution from time to time, a fee for filing an appeal, which will be jurisdictional.
- Violations; Infractions. Violation of or failure to comply with any provision of this Chapter 123 is punishable upon conviction by a fine not less than $250.00 and not to exceed $1,000.00. Each violation and each day that a violation persists constitutes a separate offense. The City will be entitled to collect from any owner violating or otherwise failing to comply with this Chapter 123 the City’s reasonable attorney fees and other fees costs, and expenses incurred by the City to enforce this Chapter 123. Owners and authorized agents are jointly and severally liable for such offenses. The following conduct also constitutes a violation of this Chapter 123 and is a civil infraction:
- Representing a dwelling unit as available for occupancy or rent as a short-term rental where the owner does not hold a valid operating licensed issued under this Chapter 123, or making a short-term rental available for use, occupancy, and/or rent without first obtaining a valid operating license; and/or
- Advertising for rent and/or renting a short-term rental in a manner that does not comply with the standards of this Chapter.
- Remedies Not Exclusive. The remedies provided in this Section 123.010 are not exclusive and will not prevent the City from exercising any other rights and/or remedies available under law, nor will provisions of this Chapter prohibit or restrict the City or other appropriate prosecutor(s) from pursuing any charges under City Ordinances.
- Hardship Exemption. Prior to City initiating revocation proceedings a licensee may seek a temporary hardship exemption to any circumstance that may be grounds for revocation or suspension of the operating license. To apply for such hardship, the applicant must complete the form prescribed by the City and submit proof, acceptable to the City, that: (a) A medical condition of the owner, domestic partner or immediately family member jeopardizes the ability to comply with this Chapter 123; (b) The death of the spouse domestic partner, or immediate family member jeopardizes the ability of the owner to comply with this Chapter 123; or (c) Structural integrity of the short-term rental deems it uninhabitable for tenants and is not self-imposed. City may, in the City’s sole discretion, approve or deny a request for a temporary hardship exemption. The City may attach a time limit to this hardship exemption, provided, however, such limit will not exceed One Hundred Eighty (180) days. A one-tine extension may be approved upon request if one of the conditions contained in this Section 123.010(F) still applies.
- 123.011 PUBLIC NUISANCE DECLARED
Operation of any short-term rental within the City’s incorporated limits in violation of this Chapter 123 is hereby declared a public nuisance and may be abated pursuant to all available remedies.
By accepting a license issued pursuant to this Chapter 123, the owner(s) and authorized agent(s), on a joint and several basis, indemnify and hold harmless City and City’s officers, employees, volunteers, agents, insurers, and self-insurance pool for, from, and against all injuries, claims, demands, actions, suits, damages, liabilities, costs, and/or expenses of any kind whatsoever, including, without limitation, attorney fees and costs, arising out of or resulting from in any manner the operation of the short-term rental, including, without limitation, any bodily injury, personal injury, sickness, disease, death, property loss or damage, and/or any other loss.
- 123.013 DISCONTINUANCE OF SHORT-TERM RENTAL OCCUPANCY
- After Revocation. After an operating license has been revoked, the property may not be used or occupied as a short-term rental unless and until a new license is issued in accordance with this Chapter 123; provided, however, an owner whose license has been revoked will not be eligible to reapply for a short-term rental license for the same property for a period of Twelve(12) months from the date of revocation.
- After Expiration. If an operating license expires, the property may not be used or occupied as a short-term rental with the exception of an existing short-term rental during the Sixty (60) day grace period during which the new owner may apply for a new operating license. Except for a new owner of an existing short-term rental who makes application during the Sixty (60) day grace period the owner of the property to which the license applied and whose license has expired will be required to apply for and obtain a short-term rental license before the property may be lawfully used, rented, and/or occupied as a short-term rental.