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HomeMy Public PortalAboutOrdinance NO. 449 Amending Chapter 6 Adding Article 8, to Establish Rules and Regs. Related to Registration & Operations of Short Term Rentals TOWN OF FRASER ORDINANCE NO. 449 SERIES OF 2017 AN ORDINANCE AMENDING CHAPTER 6 OF THE FRASER MUNICIPAL CODE BY ADDING ARTICLE 8, TO ESTABLISH RULES AND REGULATIONS RELATING TO THE REGISTRATION AND OPERATION OF SHORT TERM RENTALS WHEREAS, the Board of Trustees has determined that it is in the public's interest to establish rules and regulations relating to the registration and operation of short term rentals in the Town of Fraser, as compliance with existing requirements has decreased while the number of short term rentals continues to increase. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 6 (Business Licenses and Regulations) of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby amended by the addition of a new Article 8, which shall read as follows: ARTICLE 8 Short Term Rental Registration Sec. 6-8-10. Intent. This article shall provide requirements for registration and regulations for the operation of short term rentals in the Town of Fraser. Sec. 6-8-20. Definitions. (a) Short-Term Rental. Any rental of a residential dwelling or portion thereof for less than 30 days for residential purposes. Sec. 6-8-30. Requirements. (a) The owner of a property used for any Short-Term Rental must maintain a current registration. Registration shall be accomplished by submittal of an application on a form as provided by the Town Manager and upon approval of the Town Manager or his or her designee. Said application will include, at a minimum: (1) Property owner information. (2) Proof of ownership. (3) A local contact or management company available to attend to property problems within one hour. (4) Parking plan. (5) Any other information as may be deemed necessary by the Town. (b) The registration application fee and annual renewal fee is $150. (c) Registration must be renewed annually, and the annual term for registration shall commence upon approval of the application. (d) Proof of current registration must be posted in a conspicuous location within the Short-Term Rental property. (e) Registration may be revoked administratively by the Town Manager or his or her designee for any failure to comply with any of the requirements of this Section, or any of the following: (1) Failure to pay water and/or wastewater service fees. (2) Failure to provide adequate on-site parking. (3) Failure to comply with any provisions of the Town Code. (4) Failure to provide a local contact available to attend to property problems within one hour. (5) Failure to pay any applicable taxes. (6) Failure to maintain a current registration, or revocation of a registration, shall not result in any waiver of taxes or fees due. (f) It shall be unlawful for any person to cause or permit any Short-Term Rental to occur at any property without a current registration. Any person convicted of a violation of any provision of this article shall be subject to penalty as set forth in Section 1-4-10 of this Code. Sec. 6-8-40. Appeals. (a) An administrative order revoking a Short-Term Rental registration under this Article may be appealed to the Board of Trustees by filing a written notice of appeal with the Town Manager within ten (10) days following notice of the order. The Board of Trustees will hold a hearing regarding the appeal and render a decision within a reasonable time. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. - 2 - PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 18TH DAY OF OCTOBER, 2017. Votes in favor: 6's BOARD OF TRUSTEES OF THE Votes opposed:—(5— TOWN FRASER, COLORADO Votes abstained: 0 V/Avd BY: , Philip Vandernail, Mayor eN OF Fjk4 �o s�� ATTEST: S L) SEAL •r•. . 01 Antoinet e McVeig , Town Clerk O<ORApO Published in the Middle Park Times on 1 10U ,be,(16,01,0 n - 3 -