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Home My Public Portal AboutPublic Comment Jennifer Jennings Darrah Johnston From: Town of Truckee, CA <webmaster@townoftruckee.com> Sent: Wednesday, September 2, 2020 10:44 AM To: Truckee; Hilary Hobbs Subject: *NEW SUBMISSION* Public Comment Form for Short-Term Vacation Rental Ordinance and Permit Program Public Comment Form for Short-Term Vacation Rental Ordinance and Permit Program Submission#: 520248 IP Address: 75.111.68.92 Submission Date: 09/02/2020 10:43 Survey Time: 1 minute, 13 seconds You have a new online form submission. Note: all answers displaying"*****" are marked as sensitive and must be viewed after your login. Name Jennifer Jennings Email jfjennin@gmail.com Phone (optional) Public Comment Please see attachment lf your comment exceeds 2000 characters, please use the attachment function below to attach your comment in a separate document. Attachment Jennings.STR draft ord. comments.9.2.20.pdf Please ensure that you enter your email address in the box below and click the SUBMIT button to receive a copy of your submitted responses for Public Comment. Thank you, Town of Truckee This is an automated message generated by the Vision Content Management SystemTM.Please do not reply directly to this email. 1 Thank you for the opportunity to comment on the Town staff's draft Short Term Rental ordinance. The need for the ordinance is well-known and I strongly support its adoption. I urge the Town staff to amend the draft ordinance in a couple of respects prior to presenting it to the Council. 1. A private right of action should be added to the ordinance. Section 5.02.060 E of the draft ordinance provides that the Town has no duty to enforce the ordinance. If this section remains in the draft, it is only reasonable to provide a private right of action for aggrieved residents to enforce the ordinance. The private right of action will serve as a backstop for enforcement of the ordinance if in the future the Town lacks the resources or the will to enforce the ordinance. El Dorado County's STR ordinance contains a private right of action as follows: "Any person who has suffered, or alleges to have suffered, damage to person or property because of a violation of this chapter may bring an action for money damages and any other appropriate relief in a court of competent jurisdiction against the party alleged to have violated this chapter. The prevailing party in any such litigation shall be entitled to recover reasonable litigation costs, including attorney's fees in an amount deemed reasonable by the court Nothing herein shall be deemed or construed to create any right of action against the County or any of its officers, employees, or agents. The sole purpose and intent of this section is to create a right of action between private parties, entities, and interests, which are or may be impacted or affected by various aspects of vacation home rentals within the County." 2. The complaining party, if any, should have a right to participate in the appeal hearing of a penalty, permit suspension or revocation imposed for violation of the ordinance. Add the following in Section 5.02.060 C.: "if the action under appeal was initiated by a complaint submitted to the Town, the complainant shall be notified of the appeal hearing and be given the opportunity to participate in the appeal hearing." 3. In Section 5.02.020 the definition of the term "operator" is very broad and should be carefully considered. Subsection (ii) would include guests. Subsection (iii) would include persons or businesses who rent a house for a period of months and then rent individual rooms on a short term basis. There are houses in Truckee operating under this structure, sometimes with the lease holder providing meals. These arrangements are more akin to bed and breakfast establishments and should be regulated under those ordinances. Subsections (i) and (iv) adequately define "operator." Please review and consider deleting subsections (ii) and (iii) from the definition of "operator." 4. There is a typo in Section 5.02.040 D. - it should be 7 a.m., not 7 p.m. I look forward to continuing to participate in the Town Council's consideration of the draft STIR ordinance. Thank you for your efforts and your consideration.