HomeMy Public PortalAboutOrdinance 488 Amending Chapater 6 Article 8 Regarding Short Term Rental RegistrationTOWN OF FRASER
ORDINANCE NO. 488
Series 2022
AN ORDINANCE AMENDING CHAPTER 6 ARTICLE 8 OF THE FRASER MUNICIPAL
CODE REGARDING SHORT-TERM RENTAL REGISTRATION
WHEREAS, the Board of Trustees has determined that it is in the public' s
interest to establish rules and regulations relating to the registration and operation of
short-term rentals in the Town of Fraser.
WHEREAS, Affordable Housing Initiatives have been identified as the Town's
number one priority and implementing a short-term registration fee structure appropriate
to the impacts of short-term rentals is needed.
WHEREAS, the regulatory fee will help address the secondary impacts caused
by the short-term rental industry by protecting the character of the local community and
town neighborhoods where accommodation units are located.
WHEREAS, revenues received from short-term rental applications and permit
fees will contribute towards affordable housing initiatives, programs, and infrastructure.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 6 (Business Licenses and Regulations), Article 8 of the Fraser Municipal Code (herein
sometimes referred to as the "Municipal Code") are hereby amended as follows [Note:
additions are shown in bold underlined print; deletions are shown as print]:
ARTICLE 8 - Short -Term Rental Registration
Sec. 6-8-10. - Intent.
This Article shall provide requirements for registration and regulations for the operation
of short-term rentals in the Town of Fraser.
Sec. 6-8-20. - Definitions.
For purposes of this Article, the following definitions shall apply:
Short-term rental (STR) means any rental of a residential dwelling or portion thereof for less
than thirty (30) days for residential purposes.
Sec. 6-8-30. Requirements. Rules and Regulations
(a) The owner of a property used for any short-term rental must maintain a current registration.
Registration shall be accomplished by submittal of an application on a form as provided by the
Town Manager and upon approval of the Town Manager. Said application will include, at a
minimum:
(1) Property owner information.
(2) Proof of ownership.
(3) The property owner or property management company available 24 hours a day to
attend to property problems or problems arising from the rental, within one and a half
(1.5) hours.
(4) Parking plan.
(5) A receipt of a short-term rental booking of the subject property issued within
the 60 days following registration showing collection of all taxes due the Town of
Fraser as a result of the rental.
(5) (6) Any other information as may be deemed necessary by the Town.
(b) Any property owner or designated property manager responsible for the management
of the property shall maintain a current business license in accordance with Chapter 6
(Business License and Regulations) of the Fraser Municipal Code. The fee for a business
license is $40 annually.
(4) 121 The registration short-term rental application fee per unit per year and the annual
renewal fcc is one hundred fifty dollars ($150.00). The purpose of the application fee is to
finance the cost of administering and ensuring compliance of terms, conditions and
requirements for short-term rental operations.
(d) The short-term rental permit fee per unit per year is as follows to implement gradual
increases per bedroom based on the following timeline.
(1) Beginning October 1, 2022 through September 30, 2023: $150 per bedroom
according to the property assessor plus every additional sleeping area with a bed,
not including pull out or slide out sofas, will be counted as an additional bedroom.
Studios are counted as one bedroom.
(2) Beginning October 1, 2023 through September 30, 2025: $250 per bedroom
according to the property assessor plus every additional sleeping area with a bed,
not including pull out or slide out sofas, will be counted as an additional bedroom.
Studios are counted as one bedroom.
(3) Beginning October 1, 2025 and thereon after: $350 per bedroom according to
the property assessor plus every additional sleeping area with a bed, not
including pull out or slide out sofas, will be counted as an additional bedroom.
Studios are counted as one bedroom.
(e) Purpose, Use, and Commencement Date of Regulatory Fees.
(1) The short-term rental application fee will be used to defray the costs to the
Town, including, but not limited to, for staff, personnel, and short-term rental
software required for the administration and enforcement of the Short -Term
Rental Registration Program.
(2) Commencing September 1, 2022, and continuing thereafter, all permit fees, as
specified in Section 6-8-30 (d) of this article, will be collected, retained, and
expended for the purpose of funding affordable housing initiatives and programs
as approved by the Fraser Housing Authority.
(-c) ff Registration expires and must be renewed annually, and the application and permit
fees must be paid annually upon registration. The annual term for registration shall
commence upon approval of the application and payment of all required fees.
(q) The short-term rental unit permit is issued to the specific owner of the property. The
permit shall not be transferred or assigned to another individual, person, entity, or
address but may be managed by a third party on behalf of the owner.
(4) j} Proof of current registration must be posted in a conspicuous location within the short-
term rental property.
(i) The property owner or property management company must be available 24 hours a
day to attend to property problems or problems arising from the rental within one and a
half (1.5) hours. This contact information must be posted within the short-term rental
property in a prominent, visible location. Any changes to the contact information for the
local property owner or property management company must be updated through the
short-term rental registration platform with the property owner's or property
management company's existing login information within seven (7) calendar days of the
change.
(1) Following issuance of the short-term rental permit, Emergency Services personnel
may request to enter upon and inspect the STR to ensure compliance with the provisions
of this chapter. Such entry and inspection shall only be permitted between the hours of
9:00 a.m. to 5:00 p.m. after providing the property manager of the STR at least seven (7)
business days' written notice of the intent to inspect. The property manager or other
designated representative is required to coordinate with emergency services personnel
on the subject property to provide access for compliance inspections. Compliance
inspections will be conducted at random or if any public safety concern has been
reported.
(k) The unit address shall be clearly marked and visible from the roadway.
(I) To ensure the health, safety, and welfare of short-term renters, the following safety
equipment must be installed, and safety measures must be taken in the STR unit:
(1) Smoke detectors must be installed and operable in each STR unit in
accordance with current Town building regulations;
(2) Carbon monoxide detectors must be installed and operable in each STR unit in
accordance with current Town building regulations;
(3) Fire extinguishers on every floor of the STR, which must be visible or clearly
marked; and
(4) Egress doors and windows must remain operable and cleared of snow, debris
or any other obstruction.
(m) The occupancy limit for all short-term rental units except studios shall be two (2)
persons per bedroom as specified in Sec. 6-8-30 (d) for determining the total number of
bedrooms plus four (4) additional persons. The occupancy limit for studio short-term
rental units shall be a total of four (4) persons.
(n) A site plan showing adequate parking shall be supplied at the time of application.
Parking in private driveways shall be utilized first with overflow parking on the street if
permitted. Occupants must comply with all town parking regulations.
(e) u Registration may be revoked administratively by the Town Manager for any failure to
comply with any of the requirements of this Section, or any of the following:
(1) Failure to pay water and/or wastewater service fees.
(2) Failure to provide adequate on -site parking.
(3) Failure to comply with any provisions of the Town Code.
(4) Failure to provide the property owner or property management company's contact
information available to attend to property problems within one and a half (1.5) hours.
(5) Failure to pay any applicable taxes.
(6) Failure to maintain a current registration, or revocation of a registration, shall not
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result in any waiver of taxes or fees due.
(7) Failure to comply with the Emergency Services notification to inspect the
property within seven (7) business days.
(-f) �
property without a current registration.
. Any person
found to be advertising for rent or renting a short-term rental unit in violation of this
article, will be notified for their 1st Violation warning by certified mail, return receipt
requested, to cease and desist all offending actions. Upon receipt of the notice, the
offending party shall have ten (10) business days to correct the offending action. Options
would include, for example, removing the offending advertisement, ceasing the rental of
the offending unit(s), bringing the rental property into compliance of this article, or
obtaining a short-term rental permit. After the ten (10) business day period has ended
without correction of the offending action or upon any further violation, the offending
party shall be determined to be in violation of this section and shall be fined per the 2nd
Violation and so forth as listed in the administrative penalty structure below in ten (10)
business day increments until the offending action has been corrected or further legal
action is taken as set forth in Section 1-4-10 of this code. The Town may levy an
administrative penalty in separate ten (10) day increments within a 12 -month rolling
period for failure to comply with the provisions of this Short -Term Rental Regulation:
(1) 1st Violation — Warning
(2) 2nd Violation — Five hundred dollars ($500)
(3) 3rd Violation — One thousand dollars ($1000)
(4) 4th Violation — upon the 4th violation, the short-term rental permit may be
revoked or suspended for a period of one (1) year and shall be subject to penalty
as set forth in Section 1-4-10 of the Fraser Municipal Code.
Sec. 6-8-40. - Appeals.
An administrative order revoking a short-term rental registration and/or penalties levied under
this Article may be appealed to the Board of Trustees by filing a written notice of appeal with the
Town Manager within ten (10) days following notice of the order. The Board of Trustees will hold
a hearing regarding the appeal and render a decision within a reasonable time.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
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punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 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 or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 17th DAY OF SERIT: b1 ER, 2022.
1, S�
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
Votes in favor:
Votes opposed: a
Votes abstained:
BY:
(S EA L, oRAoo / ATTEST:
Eileen Waldow, Mayor Pro-Tem
vy\(
Antoinette McVeigh, Town Ciek
Published in the Middle Park Times on August 25, 2022.
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