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Home My Public Portal About28A-2015_ShortTermRentals.pdfORDINANCE NO. 28A-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, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; WHEREAS, the City of Tybee Island desires to create a new ordinance to be Chapter 34, Article VII, Sections 34-195 through 34-200 of the Code of Ordinances pertaining to short term rental properties; WHEREAS, the City is a popular tourist destination; WHEREAS, the City’s tourist industry has continued to grow; and, WHEREAS, the following extensive debate and review on the matter of short term vacation rentals, the City Council has determined that the regulation of short term rental properties is appropriate in order to protect the health, welfare and safety of the general public and the citizens, residents and visitors to the island. 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 VII Sec. 34-195. Purpose and Intent (a) The purpose of this Article is to establish regulations for the use of residential dwelling units as short-term vacation rentals and to ensure the collection and payment of hotel/motel fees and occupation tax certificate fees. (b) “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 both bed and breakfast as they are defined by the City of Tybee’s Land Development Code. (c) An Owner shall be required to designate an agent for any short-term vacation rental unit, whose responsibility it will be to comply with the requirements of this section on behalf of the Owner. The Owner may be the agent. (d) The Owner or agent shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulatin pertaining to the use and occupancy of the residential dwellings unit as a short-term vacation rental unit. Sec. 34-196. Application (a) Within one hundred and twenty (120) days after the effective date of this Ordinance, no person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term vacation rental, as defined in Sec. 34-196, without first obtaining an occupation tax certificate and complying with the regulations contained in this section. (b) 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. In the case of property transfer or change in management company the property can continue to operate for thirty (30) days under the previous certificate until the new owner/manager obtains a new certificate. A transfer fee as determined by the City Manager may be applicable. Applicant for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term vacation rental certificate to the City of Tybee Island. The application shall be furnished under oath on a form specified by the City Manager, accompanied by a non-refundable application fee as established by City Council and on file with the Clerk. Such application should include: (1) The complete street address, lot and block number, and the PIN as used by the Chatham County Tax Assessor. (2) Ownership, including the name, address, e-mail and telephone number of each person or entity with an ownership interest in the property. (3) The number and location of off-street parking spaces on the premises and any off-premises parking applicable; (4) The name, address and telephone number of a short-term vacation rental agent who will be operating the short-term vacation rental and be available at all times for the purpose of promptly responding to complaints regarding the conduct of the occupant(s), or the occupant’s(s’) guests of the short-term vacation rental. The short- term vacation rental agent must be available twenty-four (24) hours per day, on all days that the residence is booked to have guests for the purpose of responding to complaints regarding the conduct and behavior of the occupants. (5) 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. (d) An application pursuant to this Code section shall be processed, including all determinations made by staff, and a written response given to the applicant within ten (10) days of the application being submitted. Sec. 34-197. Registration Fee/ Renewal (a) The short-term vacation rental application shall be accompanied by an initial registration fee and subject to an annual registration fee every twelve (12) months thereafter, as established by the Mayor and City Council. (1) The 2016 rental registration fee shall be _____ dollars ($______) per rental unit. (2) The annual registration fee thereafter shall be ______ dollars ($_____) per rental unit. (b) A registration fee is valid from the date the completed registration is filed with the City and payment of the registration fee has been made, unless the ownership of the short term vacation rental changes. (c) Each property shall be issued a registration number. Sec. 34-198. Minimum Standards of Conduct (a) The City shall prepare on an annual basis, a brochure, which shall provide information and basic minimum codes of conduct to visitors during their stay in the City. The brochure template shall be given to all registered agents who will be required to provide at least one copy to each head of household who leases or rents a short-term vacation rental. Sec. 34-199. Informational Signs All short-term vacation rental units shall have a sign mounted to the building or front fence where available. The sign shall be facing the public street in which the house is addressed to. The sign shall include a contact name and phone number for the short- term vacation rental agent, and short-term vacation rental license number. The lettering on the sign shall be a minimum of at least .75 inches tall and a maximum of 1 inches tall. Sec. 34-200. Failure to Comply (a) Notice of Violation. In addition to any other lawful citations, the City may issue a notice of violation to any occupant, Owners, or agents, if there is any violation of this Article committed, caused or maintained by the Owner, Occupant or agent. (a) In addition to termination of licensure or probation, among other penalties, violations of this Article are subject to the following fines, to be levied after the City brings the violator before the municipal Court, which may not be waived or reduced and which may be combined with any other legal remedy available to the City: (1) First violation: $250; (2) Second violation within the preceding 12 months: $500; and, (3) Third violation within the preceding 12 months: $1,000. (b) Violations and revocations only relate to individual properties, and violations at one short-term vacation rental property will not be applied to any other property(ies). Revocations shall only be for one calendar year. 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 __________________, 2015. ADOPTED THIS DAY OF , 2015. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ______ ENACTED: EMH/Tybee/Ordinances/2011/28-2015 - Short term rentals 09.28.15 EMH/Tybee/582-Short Term Rental Properties/28-2015