HomeMy Public PortalAbout020_030_SHORT TERM VACATION RENTAL ORDINANCE_201411241000343550 Part 8 Planning and Regulation of Development
Chapter 11. - Short-Term Vacation Rentals
Sec. 8-10009. Intent; Purpose.
It is the purpose of this Chapter to protect the public health, safety and general
welfare of individuals and the community at large; to monitor and provide reasonable
means for citizens to mitigate impacts created by occupancy of short-term vacation
units; and to implement rationally based, reasonably tailored regulations to protect the
integrity of the City's neighborhoods.
Sec. 8-10010. Definitions; General Provisions.
(a) "Code Compliance Verification Form" is a document executed by a short-
term vacation owner certifying that the short-term vacation unit complies with applicable
zoning, building, health and life safety code provisions. No person shall allow
occupancy or possession of any short-term vacation rental unit if the premises is in
violation of any applicable zoning, building, health or life safety code provisions.
(b) "Short-term Vacation Rental Occupants" means guests, tourists, lessees,
vacationers or any other person who, in exchange for compensation, occupy a dwelling
unit for lodging for a period of time not to exceed thirty consecutive days.
(c) "Short-term Vacation Rental" means an accommodation for transient
guests where, in exchange for compensation, a residential dwelling unit is provided for
lodging for a period of time not to exceed thirty consecutive days. Such use may or
may not include an on-site manager. For the purposes of this definition, a residential
dwelling shall include all housing types and shall exclude group living or other lodging
uses, as defined in Division II, Code of General Ordinances, Part 8, Planning and
Regulation of Development, Chapter 3, Zoning, as amended.
(d) "Short-term Vacation Rental Agent"means a natural person designated by
the owner of a Short-term Vacation Rental on the short-term vacation rental certificate
application. Such person shall be available for and responsive to contact at all times
and someone who is customarily present at a location within the City for purposes of
transacting business.
Sec. 8-10011. Short-term Vacation Rental Certificate.
No person shall rent, lease or otherwise exchange for compensation all or any
portion of a dwelling unit as short-term vacation rental, as defined in Sec. 8-10010,
without first obtaining a business tax certificate from the Revenue Director and
complying with the regulations contained in this section. No certificate issued under this
Chapter may be transferred or assigned or used by any person other than the one to
whom it is issued, or at any location other than the one for which it is issued.
Sec. 8-10012. Application for Short-term Vacation Rental Certificate.
(a) Applicants for a short-term vacation rental certificate shall submit, on an
annual basis, an application for a short-term vacation rental certificate to the Tourism
Management and Ambassadorship Director of the City of Savannah. The application
shall be furnished under oath on a form specified by the City Manager, accompanied by
a non-refundable application fee as set forth in the City's annual Revenue Ordinance.
Such application should include:
(1) The name, address, telephone and email address of the owner(s)
of record of the dwelling unit for which a certificate is sought. If such owner is not a
natural person, the application shall identify all partners, officers and/or directors of any
such entity, including personal contact information;
(2) The address of the unit to be used as a short-term vacation rental;
(3) The name, address, telephone number and email address of the
short-term vacation rental agent, which shall constitute his or her twenty-four hour
contact information;
(4) The owner's sworn acknowledgement that he or she has received a
copy of this section, has reviewed it and understands its requirements;
(5) The number and location of parking spaces allotted to the
premises;
(6) The owner's agreement to use his or her best efforts to assure that
use of the premises by short-term vacation rental occupants will not disrupt the
neighborhood, and will not interfere with the rights of neighboring property owners to the
quiet enjoyment of their properties; and
(7) Any other information that this Chapter requires the owner to
provide to the City as part of an application for a short-term vacation rental certificate.
The City Manager or his or her designee shall have the authority to obtain additional
information from the applicant as necessary to achieve the objectives of this Chapter.
(b) Attached to and concurrent with submission of the application described in
this section, the owner shall provide:
(1) The owner's sworn code compliance verification form;
(2) A written exemplar agreement, which shall consist of the form of
document to be executed between the owner and occupant(s) and which shall contain
the following provisions:
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(A) The occupant(s)' agreement to abide by all of the
requirements of this Chapter, any other City of Savannah ordinances, state and federal
law and acknowledgement that his or her rights under the agreement may not be
transferred or assigned to anyone else;
(B) The occupant(s)' acknowledgement that it shall be unlawful
to allow or make any noise or sound that exceeds the limits set forth in the City's noise
ordinance; and
(C) The occupant(s)' acknowledgement and agreement that
violation of the agreement or this Chapter may result in immediate termination of the
agreement and eviction from the short-term vacation rental unit by the owner or agent,
as well as the potential liability for payments of fines levied by the City.
(3) Proof of the owner's current ownership of the short-term vacation
rental unit;
(4) Proof of insurance; and
(5) A written certification from the short-term vacation agent that he or
she agrees to perform the duties specified in Sec. 8-10013(b).
(c) Certificate holder shall publish a short-term vacation rental certificate number
in every print, digital, or internet advertisement and any property listing in which the
short-term vacation rental is advertised.
Sec. 8-10013. Short-term Vacation Rental Agent.
(a) The owner of a short-term vacation rental shall designate a short-term
vacation rental agent on its application for a short-term vacation rental certificate. A
property owner may serve as the short-term vacation rental agent. Alternatively, the
owner may designate a natural person as his or her agent who is over age 18.
(b) The duties of the short-term vacation rental agent are to:
(1) Be reasonably available to handle any problems arising from use of
the short-term vacation rental unit;
(2) Appear on the premises of any short-term vacation rental unit within
two hours following notification from the City of issues related to the use or occupancy
of the premises. This includes, but is not limited to, notification that occupants of the
short-term vacation rental unit have created unreasonable noise or disturbances,
engaged in disorderly conduct or committed violations of the City of Savannah Code of
Ordinances or other applicable law pertaining to noise, disorderly conduct,
overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to
timely appear to two or more complaints regarding violations may be grounds for
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penalties as set forth in this Chapter. This is not intended to impose a duty to act as a
peace officer or otherwise require the agent to place himself or herself in a perilous
situation;
(3) Receive and accept service of any notice of violation related to the
use or occupancy of the premises; and
(4) Monitor the short-term vacation rental unit for compliance with this
Chapter.
(c) An owner may change his or her designation of a short-term vacation
rental agent temporarily or permanently; however there shall only be one such agent for
a property at any given time. To change the designated agent, the owner shall notify
the Tourism Management and Ambassadorship Director in writing of the new agent's
identity, together with all information regarding such person as required by the
applicable provisions of Sec. 8-10012.
Sec. 8-10014. Grant or Denial of Application.
Review of an application shall be conducted in accordance with due process
principles and shall be granted unless the applicant fails to meet the conditions and
requirements of this Chapter, or otherwise fails to demonstrate the ability to comply with
local, state or federal law. Any false statements or information provided in the
application are grounds for revocation, suspension and/or imposition of penalties,
including denial of future applications.
Sec. 8-10015. Short-term Vacation Rental Units.
(a) A legible copy of the short-term vacation rental unit certificate shall be
posted within the unit and include all of the following information:
(1) The name, address, telephone number and email address of the
short-term vacation rental agent:
(2) The Business Tax Certificate Number;
(3) The maximum occupancy of the unit;
(4) The maximum number of vehicles that may be parked at the unit;
and
(b) Short-term vacation rental units must be properly maintained and regularly
inspected by the owner to ensure continued compliance with applicable zoning,
building, health and life safety code provisions.
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Sec. 8-10016. Short-term Vacation Regulation Procedure.
(a) To ensure the continued application of the intent and purpose of this
Chapter, the Tourism Management and Ambassadorship Director of the City shall notify
the owner of a short-term vacation rental unit of all instances in which nuisance
behavior of the rental guest or the conduct of his or her short-term vacation rental unit
agent results in a citation for a code violation or other legal infraction.
(b) The Tourism Management and Ambassadorship Director shall maintain in
each short-term vacation rental location file a record of all code violation charges,
founded accusations and convictions occurring at or relating to a short-term vacation
rental unit. When a property owner has accumulated three code violations for a
particular property within a period of twelve consecutive months, the City shall revoke
any pending certificates and reject all applications for the subject premises for a period
of twelve consecutive months.
(c) If a short-term vacation rental unit owner has been cited and found to be in
violation of any zoning, building, health or life safety code provision, the owner must
demonstrate compliance with the applicable code prior to being eligible to receive a
short-term vacation rental certificate.
(d) Citations for code violations and any other violation of the City Code may
be heard by a Short-term Vacation Rental staff board or the Recorder's Court of
Chatham County. The staff board shall be comprised of full-time city employees as
appointed by the City Manager or his/her designee and shall include at least one staff
member selected from Revenue, Zoning, Tourism and the Savannah-Chatham
Metropolitan Police Department. The staff board will receive evidence; however, the
official rules of evidence will not govern the proceeding. The staff board will issue a
written finding as to each alleged infraction, specifically identifying each founded
accusation, which shall constitute a violation.
(e) Violations of this Chapter are subject to the following fines, which may not
be waived or reduced and which may be combined with any other legal remedy
available to the City:
(1) First violation: $500
(2) Second violation within the preceding 12 months: $750
(3) Third violation within the preceding 12 months: $1,000
(f) A person aggrieved by the City's decision to revoke, suspend or deny a
short-term vacation rental certificate may appeal the decision to the City Manager. The
appeal must be filed with the City Manager's Office in writing, within thirty calendar days
after the adverse action and it shall contain a concise statement of the reasons for the
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appeal. Timely filing of an appeal shall stay the revocation, suspension or denial
pending a decision by the City Manager.
(g) The City Manager or appointed designee shall consider the appeal within
thirty days after receipt by the City Manager of a request unless otherwise agreed in
writing by the City and aggrieved party. All interested parties shall have the right to be
represented by counsel, to present testimony and evidence, and to cross-examine
witnesses. The City Manager shall render a determination, which will constitute a final
ruling on the application.
(h) Nothing in this section shall limit the City from enforcement of its code,
state or federal law by any other legal remedy available to the City. Nothing in this
section shall be construed to limit or supplant the power of any City inspector, deputy
marshal or other duly empowered officer under the City's ordinances, rules and
regulations and the authority granted under state law, as amended, to take necessary
action, consistent with the law, to protect the public from property which constitutes a
public nuisance or to abate a nuisance by any other lawful means of proceedings.
Sec. 8-10017. Taxes.
(a) Short-term vacation rental unit owners are subject to state sales tax, City
taxes, including but not limited to the hotel/motel tax, and are liable for payment thereof
as established by state law and the City Code. The City may seek to enforce payment
of all applicable taxes to the extent provided by law, including injunctive relief.
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