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HomeMy Public PortalAboutPublic Comment Sara Walker Darrah Johnston From: Sara E Walker <handrsi@icloud.com> Sent: Tuesday, September 8, 2020 9:52 PM To: Truckee Cc: Sara E Walker; Gary Walker Subject: Proposed STR ordinance concerns REVISIONS ARE NEEDED Sept 8, 2020 From Sara Walker Regarding the Purpose: The ordinance as proposed is excessive and discriminatory for home owners who have paid full property taxes on their homes which are rented part time. This is not legal under California law.The properties in Tahoe Donner(about 6,000 are less than 50%full time residences. Up until recently I was told there were only 600 full timers. Now I here about 1/2 the STR rentals. Are in TD. All of these homeowners have paid full town property taxes for many years. The town of Truckee full timers have benefited a great deal from the extra funds for sewers, roads, schools, recreation developments and hospital facilities that are not used much by owners or their guests who rent their homes part of the time. We have had our home since 2004 and under a 1031 rental exchange. 1031 exchange for like kind requires to rent your home as it was exchanged for a rental. We do rent for a 4 mo ski lease and a few shorter rentals 2 days to 31 days each year. The home never pays for itself. We are taxed without representation since we have a primary residence elsewhere,we are prohibited from electing city council members. We have already listed as a short term rental and pay tax in addition to our full property tax for any STRs. We have found that it is best if we do our own property management. The first year we hired a local "reputable"firm that did not inform us of a water leak from melting snow under a slider door, or communicate with us regarding the renters wishes on our ski lease. The renters preferred to rent from us directly for the past 14 years. The property managers were later sued due to illegal practices in local courts. I think the requirement to have a local person which means a property manager is a move which will add costs without benefit to the community of owners, or renters. L We have always managed the issues that arise ourselves. As you well know companies like airbnb charge 3% or$375 per booking plus the town of Truckee currently charges another 12% making the home owner have to charge more. Now the town wants 14%. This is just a ploy to limit property owners rights to manage their own property. 5.02.020 Terms. Comments Bedroom with closet. This is excessive control. Our home has four bedrooms with closets and 4 ensuite bathrooms. The 4th bedroom is 600 sq. feet and should not be limited to 2 people. We also have a loft which is separate without a bathroom. One bedroom has a queen bottom and over top bunk which should not be limited to under age of 5. It could certainly be used by a teen as it is xtra long. We are currently slated for 8 people/2 per bedroom , but this is over regulation it could easily handle 10. These homes were often designed for large family gatherings . At 2700 sq feet we have about 350 sq feet per person, where a hotel room is often 120 sq feet for 2 people. Please re think the wording or eliminate the bedroom regulation. My friends with multiple rentals in the city of SanJose say they cannot specify in their lease a number of people allowed to sleep in the unit. LocalContact person. You cannot take the property rights away from owners under California law. Please eliminate the need to have a local contact person or be onsite within 60 minutes this illegal.The town realizes many owner maybe live 3-4 hrs away. As I have said before our experience with property managers is that they were ineffective, not responsive to tenants or owners in a timely manor and used illegal methods causing court actions. The requirement to have a contact person24 hr day and be available at site in one hours is ridiculous for owners. For rental dwellings in California the owner only has to respond to emergencies in a reasonable period of time.This could be several days depending on the situation. Noise and parking violations are not and considered emergencies in CA tenant code. These 1 are not loss of livability issues defined by law,like loss of the only bathroom or the kitchen had a fire and hasn't been repaired. It is not legal to require an owner of a single family home to be required to have a property manager or to live within 60 minutes, especially a property in snow country. The things you are trying to legislate are nuisances not emergencies. 5.02.030. Maximum occupancy is too restrictive. See comments under Bedroom. Our 4th bedroom with full bath is 600 sq feet why should we be restricted to 2 people. Why should a bedroom with queen and over bunk be restricted to 2 people when the bunk is xtra long for tall teens or adult. ??? as said before if we have 350sq feet per person in the house.This is 3x that of a normal 2person hotel room D. Term of Certificate. Unnecessary paperwork an fees . This should not be an annual fee. A one time registration fee has already been paid and should be sufficient. This is excessive regulation not required of landlords of full time rentals. I feel any rule in theses regulations must apply to owners of homes not rented,full time rented homes and well as STIR or they are discriminatory. Do all homes and rental home occupied by lease of one year of less require inspection by the Truckee Fire Protection District. Each council member voting favor should be willing to have his own home inspected. We already comply with CA codes for fire extinguishers, Carbon monoxide and Truckee Fire Protection District regulations legislated by Tahoe Donner and The Town of Truckee at regulated intervals already in town ordinances. This another excessive move even if well meant. 5.02.040 Operational Standards Change this to a town wide ordinance not just short term rentals. No home owner, business or renter in the entire town should disrupt the peace, safety and general welfare of the neighborhood in which it is located. A. Operators responsibility. Operators can inform the guests of the code, but take actions ensure guests abide by these codes,we are not law enforcement agents. If the action are to be taken, then the town fee should cover the cost of the policing of noise, parking and garbage violations. The owner can only add $500 to be withheld from a security deposit if a tenant violates the ordinance after being informed. The owners should not be fined fro bringing business to the town of Truckee. B. The 60 minute rule is not in compliance with the state of CA for tenant law. It is not clear who would be calling the owner"Town of Truckee employees". Who is an "agent"or a guest." Define in text what you consider to be an"immediate threat to public health or safety'. It should be compliant with other state tenant law. Immediate threat" is not noise, or a parking problem. This is fire,guns, etc. Why should this be the responsibility of a "local agent", none of the property managers answer their phones 24 hrs a day. The police are the only ones that may answer, and with Covid this may not happen. The Renter can call police if endanger directly without bothering an owner, or another home owner can call the police if needed without calling the owner if their is an "immediate threat to public health or safety'. We as property owners already pay taxes for police services and should not be charged more than a home owner calling in a complaint regarding another home owner. It is our experience that a parking issue in the summer is not an immediate threat. If a home owner cannot get access to his home in the winter due to a parked car that is owned by another owner, is this an immediate threat? A renter should not be treated differently that owner to owner conflict over parking. If you want a City wide parking rule about where people can park, due not attach it to STIR renters they are not the only violators of rules. D. Noise regulation should be a town wide ordinance applied to all homes, rentals, bed and breakfasts, hotels, and perhaps business within 20 feet of a residence or rental dwelling that is occupied. Owners of homes with parities make as much noise as renters in STRs. Do not be discriminatory. The hours should be corrected to 11pm to 7 am you have a typo and said 7 pm. E. Is recycling required of all residents in Truckee if not do not discriminate, either it is a city wide ordinance included in the trash pick up fee or it is not. 2 5.02.050 D. Outdoor gas or propane BBQs should not be required to by 10 feet away from the structure. . I concur with another person who stated that the Northstar regulations for STRs do not have this. If this were an issue I believe the Fire department would have said so. Our decks are small and 10 feet would eliminate the ability to BBQ with propane. Which has always been allowed. 5.02.060. A. Please cite a state law that allows administrative penalty for a single family home being rented as an STIR DEFINED AS UNDER 30 DAYS. THE ADMINISTRATIVE FEE IF ANY SHOULD BE ASSESSED THE VIOLATOR THE TENANT, not the owner AND DEDUCTED FROM HIS OR HER SECURITY DEPOSIT. There are troublesome owners who make noise or park in the wrong place and bother their owner neighbors . The policy regarding fines should be for anyone in Truckee violating noise, refuse or parking laws notjust the STIR owner of the residence who cannot predetermine the tenants conduct. We refuse to take automatic bookings because we cannot screen people. However hotels and motels do this. The same penalties should apply to all hotel and motel and bed and breakfast renters. They must also post a notice of possible fine if they are in violation,they should also be charged an extra $500/day by the hotel to cover the violation. Can an hotel owner pre determine a troublesome tenant?? I do not think so . Make the laws of Truckee apply to all owners of home, businesses and rentals of homes, motels and bed and breakfasts or the law is by nature discriminatory on a few home owners. You have to be willing to fine a home owner that violates the noise or parking ordinance of another home owner as well. B. And L. All Fire Inspections should be the same for rentals of all types motels, hotels, leases or rentals of homes or apartments of any length of time and by any entity . However the rules or laws should not differ from state of CA regulations on rental property. C Appeal. First time violation should provide a warning and site regulation violated specifically. If fine is levied.The appeal must be to a court of law recognized by the state of California not City Council . City Council has not been elected by STIR owners by nature they are usually unable to vote as they live elsewhere. I have serious concerns about the violation of property rights for a group that has no say in elections in Truckee. I will remind you that"off the hill" owners are owners and have paid taxes to support the city and all its public functions but cannot vote in elections at their 2nd home. Justice needs to be served and equally applied to all property owners in Truckee as well as all renters be it STIR, long term rental, motel or hotel, or BnB or a room rented in a private home. 3