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HomeMy Public PortalAboutOrdinance N0.-2015.pdfORDINANCE NO. 07 zdn _ -2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SHORT TERM RENTAL PROPERTIES FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to create a new ordinance to be Chapter 34, Article V1I VIII, Sections 34 -195 through 34 -200 of the Code of Ordinances pertaining to short term rental properties; and WHEREAS, the City has become a vacation destination and residential properties are frequently used by tourists and guests who are not permanent residents of the island; and WHEREAS, the City has experienced difficulties associated with parking, trash, noise and over - occupancy of properties in residential neighborhoods that are used for short term rental purposes and such properties have increased demands on City services by way of police services, utility services and have further caused disruption to other residents and tourists; and WHEREAS, following investigation into the matter, the City Council has determined that the regulation of short term rental properties is necessary in order to protect the health, welfare and safety of the general public and the citizens, residents and visitors to the island; and. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island in open meeting that the following shall be known as the " Tybee Island Short -Term Rental Ordinance" and shall be referred to herein as "this Ordinance:" CHAPTER 34 ARTICLE VU VIII Sec. 34 -195. All licenses or permits issued for Short Term Rentals shall be issued subject to the provisions of this Article. No person shall engage in the business of short term rental of improved property without a license under this Article. Sec. 34 -196. DEFINITIONS "Local Contact Person," as defined herein is the owner(s) of the property or, if designated by the license, any person authorized to act on the owner's(s') behalf. "Owner," as defined herein, is the owner or owners of a Short Term Rental Property. "Renter," as defined herein, is a person or the persons who rents a Short -Term Rental Property. Person shall include every individual, firm, partnership, social or fraternal organization, corporation, estate, trust, receiver, or any other group or combination acting as a unit. "Short Term Rental Activity" or "Short Term Rental Business" includes when a person, persons, or entity engages in the rental of improved real property or the making available, holding out, or advertising in any form whatsoever of improved property, for rent for periods of less than six (6) months; or the actual rental of property for less than six (6) month terms other than on occasional or a casual basis as otherwise defined in the City ordinance. "Short Term Rental Property," as defined herein, means any residential property used for rental to any person(s) on a day to day or, weekend, week, or monthly, basis, but not to property rented for one hundred eighty (180) consecutive nights or more. Sec. 34 -197. GENERAL PROVISIONS Within ninety (90) days after the effective date of this Ordinance, any owner of a Short - Term Rental Property shall obtain and maintain a license and pay a regulatory fee in the amount currently in force at the time of the request. The license shall be valid for the year issued, unless the license is revoked as otherwise provided herein. All Short Term Rental Property licenses shall be renewed annually and are subject to the annual fee currently in force at the time of the renewal. For any Short Term Rental Property constructed and /or built and /or established or continued after the effective date of this Ordinance, the owner, prior to renting the property as a Short -Term Rental Property, shall comply with all of the requirements of this Ordinance as set forth herein, and must also obtain a license prior to renting the Short Term Rental Property. Any owner who fails to obtain a Short -Term Rental Property license prior to engaging in Short Term Rental Activity or Short Term Rental Business shall be penalized under the general penalty provided for violating business license ordinances. Sec. 34 -198. APPLICATION; REQUIRED INFORMATION The license application shall include the following information: (1) The complete street address, lot and block number, and the PIN as used by the Chatham County Tax Assessor. (2) Proof of ownership, including the name, address and telephone number of each person or entity with an ownership interest in the property. (3) The applicant(s) shall have a letter signed by all owner(s) of the property acknowledging that a violation of this Ordinance by the owner(s), local contact person, or renter(s), or the renter's(s') guests, shall be considered a violation by the owner(s). (4) The name, address and twenty -four (24) hour telephone number of a local contact person who will be operating the Short Term Rental Property and available at all times for the purpose of promptly responding to complaints regarding the conduct of the renter(s), or the renter's(s') guests of the short term rental property. The Local Contact Person must be available twenty -four (24) hours per day, seven (7) days a week for the purpose of responding to complaints regarding the conduct and behavior of the occupants. (5) The regulatory fee required by the City must be timely paid. In connection with each application for a short term rental property location, staff shall secure information regarding the nature and location of the property, the number of bedrooms, its size and available off- street parking. When available, this information may be secured from the records of the Tax Assessor of Chatham County or from such other sources as may be available to staff. Following review of such information, staff shall set an occupancy limit based upon the provisions herein. Staff shall also calculate the available parking and determine the maximum number of vehicles which may be lawfully parked on the property. The maximum occupancy by individuals and the maximum number of vehicles shall be reflected on the licensing paperwork and acknowledged by the applicant and, where appropriate, the Local Contact Person. Sec. 34 -199. REQUIREMENTS Any owner of a Short -Term Rental Property who obtains a license under this Ordinance shall comply with the following: (1) All Short Term Rental Properties shall comply with the terms of the current Tybee Island Code dealing with garbage and arrange to have garbage picked up consistent with the expiration of rental terms and checkout dates so that trash and trash containers do not accumulate on or near the property. (2) A contact person shall be available twenty -four (24) hours per day, seven (7) days per week for the purpose of responding promptly to complaints or inquiries regarding the conduct, parking, trash or other issues concerning the Short Term Rental Property or its occupants. The name and telephone number of the Local Contact Person shall be on file with the Police Department. (3) The occupancy of a Short Term Rental Property shall conform to the occupancy limits as set forth herein and as incorporated into the license and total occupancy in all cases shall be subject to the following: (a) The maximum occupancy for a Short Term Rental Property for any continuous twenty -four (24) hour period or for overnight accommodations shall be calculated on the basis of two persons per sleeping area, plus an additional two persons. A sleeping area is a room or space within a Short Term Rental Property intended or used for sleeping. Tents, sleeping bags, etc., shall not increase the maximum occupancy allowed within a Short Term Rental Property. Children under two (2) years of age shall not be included in determining the maximum overnight occupancy. Prior to the license being granted to the owner(s), a representative of the City shall be permitted to inspect the proposed Short -Term Rental Property to determine its maximum occupancy. (b) Notwithstanding any other provisions cited herein, there shall be no weddings or special events in or on the Short Term Rental Property in the absence of a specific permit for that purpose. (c) The owner(s) or the Local Contact Person shall maintain renter and vehicle registration which shall include the name and address of each renter(s), all occupants expected to stay overnight or longer on the property, and include the make, year and tag number of all such vehicle(s). This information shall be readily available upon request of any officer of the City responsible for the enforcement of this Ordinance. (d) There shall be one (1) parking space available for each approved sleeping area in a Short -Term Rental Property. Off street parking shall be provided for these vehicles and under no circumstances may a vehicle be parked on the street except in a designated parking space. Prior to the license being granted to the owner(s), a representative of the City shall be permitted to inspect the Short -Term Rental Property to determine the maximum number of vehicles allowed. Once the maximum number of vehicles for a property is established, it shall be unlawful for vehicles in excess of the permitted number to be parked at or on the property or adjacent rights of way except in designated parking areas. (e) A written notice provided by the City which contains information about certain ordinances generally impacting renter(s) of Short -Term Rental Properties shall be posted conspicuously and maintained in the property by the owner and displayed at all times. (f) There shall be a written lease between a Short -Term Rental Property owner and the renter(s) and it shall contain the renter's(s') agreements to comply with all of the regulations contained within this Ordinance; Sec. 34 -200. VIOLATIONS In the event of a violation of this Ordinance, the City, through the Mayor and Council, may direct notice to the Short -Term Rental Property owner(s) or Local Contact Person to show cause before the City Manager and Director of the appropriate City department, why the license should not be revoked. Notice shall be given at least fifteen (15) days before any such hearing. Upon no representative for the Short -Term Rental Property appearing at the hearing, the license will be revoked and any Short -Term Rental Activities or Business at the location is thereafter prohibited without a new license being applied for and issued. In the event the owner, Local Contact Person, or a representative thereof, appears for the hearing, the City officials shall make a determination as to whether a violation has occurred and, if so, determine the appropriate action to be taken. Action to be taken can include revocation of the license, imposing a probationary status on the license, and /or additional restrictions on occupancy or parking limits or other specific conditions. In the event a probationary license is issued, such license may be revoked upon notice of not less than twenty -four (24) hours of a hearing and a determination at such hearing that an additional violation has occurred. In the event of an adverse determination, the owner, Local Contact Person, or a representative thereof, may appeal the decision of City staff to the Mayor and Council of the City which shall conduct a hearing thereon and make a final determination. Each determination following any warning shall be sent by certified mail to the owner, Local Contact Person, or a representative thereof, to the address listed on the application or at such other address as has been supplied to the City for such purpose in writing on behalf of the applicant, owner, or agent. It is a violation of this ordinance for any owner, Local Contact Person, or property manager to violate the terms hereof in the following manner: 1. Operating a short term rental business or performing short term rental activities without the required license and the payment of required regulatory fees. 2. Allowing occupants of a short term rental property to exceed the capacity permitted under the approved application and as established on the application as to occupancy or parking. 3. Failure to comply with applicable regulations regarding trash or trash container pickup. 4. Failure of the owner's(s') agent or Local Contact Person to be available as required by the terms of this ordinance. 5. Violation of any special conditions imposed upon the licensing at the time of issuance or at any time thereafter. 6. Conducting any unlawful or unpermitted activities on the premises. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on day of r�tir � ADOPTED THIS _ DAY OF , 2014 2015. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/Tybee /Ordinances /2011/07 -2011 - Short term rentals 03.03.11 EMH/Tybee /582 -Short Term Rental Properties /07 -2011 - Short term rentals 03.03.11 DKO redline — Short term rentals 12.07.14 Sample OrA.600 tAanka4anA sas ORDINANCE NO. 6078 Ka r, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANHATTAN, KANSAS BY ADDING AN ARTICLE DEFINING AND REGULATING A DISORDERLY HOUSE NUISANCE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS; SECTION 1. That the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended by adding Article V, to Chapter 21 of the Code of Ordinances of the City of Manhattan, which shall read as follows: ARTICLE V. DISORDERLY HOUSE NUISANCE CODE. SECTION 21 -50 GENERAL DEFINITIONS. For the purpose of this Article, the following definitions shall apply: "Dwelling" means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same premises. 2. "In or on the premises of any Dwelling" means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located. 3. "Occupant' means any person who lives in or has possession of, or holds an occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee. 4. "Owner" means any person, agent., operator, firm or corporation having a legal or equitable interest in the Dwelling; or recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court. SECTION 21 -51 DISORDERLY HOUSE NUISANCE DEFINED, A "Disorderly House Nuisance" is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty -five (365) day period. 1. Two (2) or more felonies or misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Kansas, and/or the ordinances of the City of Manhattan; or 2. Two (2) or more violations of Chapter 4 of the Code of the City of Manhattan, relating to alcoholic beverages arising out of separate, and distinct facts and circumstances; or 3. Two (2) or more violations of Chapter 6 of the Code of the City of Manhattan, relating to animals and fowls arising out of separate, and distinct facts and circumstances; or 4. Two (2) or more violations of Articles 1, 2, or 3 of Chapter 21 of the Code of the City of Manhattan, relating nuisances arising out of separate, and distinct facts and circumstances; or 5. Two (2) or more violations of Chapter 22 of the Code of the City of Manhattan, relating to various offenses, arising out of separate, and distinct facts and circumstances; or 6. A combination of two (2) offenses from any of the above categories, arising out of separate, and distinct facts and circumstances. SECTION 21 -52 VIOLATION. 1. No owner or occupant of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. 2. An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: a. The owner or occupant has personally committed the acts set forth in Section 21 -51; or b. Such acts were committed by invitees of the occupant or owner; or c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or d. Such acts were committed by a combination of subsections a, b or c; or e. The owner or occupant has been provided with the written notice of a Disorderly House Nuisance pursuant to Section 21- 53, below, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms. SECTION 21 -53 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE. No person shall be prosecuted for a violation of Section 21 -52 until the City Attorney, or his designee, shall serve such person with the notice provided herein, and the person has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, the person fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non - Occupant Owner, by restricted mail to his /her last known address, or, if none, to the address to which any tax statement is provided to such owner for the Dwelling. Such notice shall contain, at a minimum, the following: 1. That a Disorderly House Nuisance exists, as defined by Section 21 -51, at the location specified in the notice. 2. The date of the commission of the acts which constitute the basis for the Disorderly House Nuisance, the name(s) of the person(s) committing such acts, if known, and all other facts and circumstances that the City relies upon to allege that such acts form the basis for the Disorderly House Nuisance. 3. The date, time and place where the person is to appear, and meet with the City Attorney or his designee, to participate in the Nuisance Abatement Conference. 4. That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 21 -52 and the imposition of penalties, as proscribed by the Article and the Code of Ordinances. SECTION 21 -54 NUISANCE ABATEMENT CONFERENCE. At the nuisance abatement conference, the City Attorney or his designee, and the owner and/or occupant, shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance- 3 SECTION 21 -55 NUISANCE ABATEMENT AGREEMENT. At the conclusion of the nuisance abatement conference, the City Attorney or his designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the City Attorney or his designee needs more time to draft said proposed agreement, then a follow up meeting shall be scheduled with the owner and /or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. 2. Any nuisance abatement agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner and /or occupant for a period of twenty -four (24) months from the date the original agreement is entered into by the owner and/or occupant and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and /or occupant. a. Eviction of identified individuals from the dwelling in question, b. Written notification from the owner and/or occupant to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling, c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity, d. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigation crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting, e. Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance. 3. Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant, said owner and/or occupant shall have forty -eight (48) hours to review it and enter into said agreement by signing it and returning it to the City Attorney or his designee. 4 SECTION 21.56 COMMENCEMENT OF PROSECUTION. The City Attorney or his designee, may commence prosecution alleging a violation of this Article under the following circumstances: I. The owner and/or occupant does not attend a conference with the City within the time period described previously. 2. The owner and /or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section. 3. The owner and /or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions. SECTION 21 -57 ACTION TO ABATE PENALTIES. In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the City Attorney or his designee, upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained as a Disorderly House Nuisance may prosecute an action for equitable relief, the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. SECTION 21 -58 JUDGMENT. No judgment finding a violation of this ordinance shall be entered against an owner and /or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. SECTION 21 -59 PENALTIES. Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: 1. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and 2. Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; 3. Submitting tenancy lists on a periodic basis to the Police Department; 4. Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge. 5. Any other condition reasonably related to the objective of abating the Disorderly House Nuisance. SECTION 2. This Ordinance shall be effective upon its publication in the official city newspaper. PASSED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS THIS 6TH DAY OF JULY, 1999. ATTEST: RICHARD L. DOAN, CMC, City Clerk ROGER P. REITZ, M.D., Mayor 6