Amador City Municipal Code Ch. 5.16 Short-Term Rentals

This chapter shall be referred to as the "Short-term Rental Ordinance."

(Ord. No. 175, § 1, 3-16-17)

A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term rentals that minimize the negative secondary effects of such use on their surroundings.

B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term rental purposes.

C. Nothing in this chapter is intended to convey a permanent entitlement, nor shall it convey a right which runs with the land. The use of any residential dwelling within R1, R2, or R3 for the purposes of short-term rentals is a violation of Title 17 of the Amador City Code of Ordinances and shall be deemed a per se nuisance subject to the enforcement provisions of Chapters 17.84 and 1.12 of the municipal code.

(Ord. No. 175, § 1, 3-16-17)

For purposes of this chapter, the following words and phrases shall have the following meanings:

"Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.

"Applicant" means the owner of the short-term rental unit or the owner's authorized agent or representative, referred to within as an "operator."

"City clerk" means that person acting in the capacity of the city clerk or deputy city clerk of the City of Amador City or his or her designee.

"Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the Amador City Municipal Code and other applicable laws, rules, or regulations, pertaining to the use and occupancy of short-term rental units.

"Local contact person" means the person designated by the owner or the operator who shall be available twenty-four (24) hours per day, seven days per week for the purpose of:

1. Responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and

2. Taking remedial action to resolve any such complaints. The local contact person may be the owner or operator.

"Operator" means the owner or the designated agent or representative of the owner who is responsible for compliance with this chapter.

"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to a short-term rental.

"Property" means a residential legal lot on which a short-term rental unit is located.

"Responsible person" means an occupant of a short-term rental unit who is at least twenty-one (21) years of age and who is legally responsible for ensuring that all occupants of the short-term rental unit and their guests comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of a short-term rental unit.

"Short-term rental permit" means a permit that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this chapter.

"Short-term rental unit" means a privately owned residential dwelling, including, but not limited to, a single-family detached or multiple-family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for any period of fewer than thirty (30) consecutive days. A short-term rental unit does not include a hotel, motel, bed and breakfast, or other business in which rooms are rented as the principal use of a building devoted to lodging.

"Transient" for purposes of this chapter means any person who seeks to rent or who does rent a short-term rental unit for a period less than thirty (30) consecutive days.

(Ord. No. 175, § 1, 3-16-17)

A. Unless an owner intends to directly provide for the short-term occupancy of a short-term rental unit, the owner shall designate an operator who shall ensure compliance with the requirements of this chapter on behalf of the owner.

B. Notwithstanding subsection A, the owner shall not be relieved from any personal responsibility for compliance with the requirements of this chapter and shall be subject to any applicable remedies for noncompliance, regardless of whether such noncompliance was committed by the operator or the occupants of the short-term rental unit or their guests.

(Ord. No. 175, § 1, 3-16-17)

A. The owner or operator is required to obtain a short-term rental permit from the city, pursuant to the provisions of this chapter, before renting any short-term rental unit to any transient.

B. A short-term rental permit shall be required to be renewed on an annual basis based on the anniversary of the original permit issuance in order to remain valid.

C. A short-term rental permit shall not be assignable and shall automatically terminate if the subject dwelling or accessory building is sold or transferred.

(Ord. No. 175, § 1, 3-16-17)

A. The owner or operator must submit the following information on a short-term rental permit application form provided by the city:

1. The name, address, and telephone number of the owner of the short-term rental unit;

2. The name, address, and telephone number of the operator, if the owner will not directly provide for the short-term rental;

3. The name, address, and twenty-four (24) hour telephone number of the local contact person;

4. The address of the proposed short-term rental unit;

5. The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit;

6. Acknowledgement that the operator has received and reviewed the good neighbor brochure and will provide the brochure to all transients;

7. A copy of a transient occupancy registration permit issued under Section 3.16.060 of this code;

8. Such other information as the city clerk deems reasonably necessary to administer this chapter; and

9. Payment of the application fee established separately by resolution of the city council.

B. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit for the same unit revoked within the twelve (12) calendar months that preceded the effective date of the application.

C. An owner or operator must notify the city clerk within seven days of a change in any material facts pertaining to the information contained in the short-term rental application. Such notice shall occur in accordance with instructions given on the application form.

(Ord. No. 175, § 1, 3-16-17)

A. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the permit.

B. To receive permit approval, an applicant must demonstrate the following:

1. The owner or operator shall demonstrate that it will comply with all the obligations and requirements of this chapter.

2. A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual permit application and renewal. It is the owner's responsibility to ensure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

3. At the time of application, the owner or operator of a short-term rental shall not have received a civil citation regarding compliance of the subject short-term rental property with any provision of this code. A voluntary assurance of compliance or negotiated compliance agreement will satisfy the requirement that there be no pending actions or violations.

4. The owner or operator shall have a current business license in accordance with the Chapter 5.04 of this code.

5. The owner or operator shall have obtained a transient occupancy registration certificate for purpose of its obligation to pay transient occupancy taxes under Chapter 3.16 of this code.

6. The owner or operator shall provide notice to all residents within three hundred (300) feet of the short-term rental unit with notice that the property will be used as a short-term rental.

(Ord. No. 175, § 1, 3-16-17)

A. The owner or operator shall use reasonably prudent business practices to ensure that the short-term rental unit is used in a manner that complies with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject short-term rental unit, including this chapter.

B. The maximum number of overnight guests for a short-term rental unit shall not exceed two persons per bedroom, except that children under the age of four shall not be counted for purposes of calculating this limitation so long as the children sleep in the same bedroom as at least one of their parents or legal guardians. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m., with the maximum daytime guests not to exceed two persons per bedroom with a maximum of 20 guests allowed for five bedrooms or more. The following table illustrates the maximum number of occupants:

C. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.

D. All parking associated with a short-term rental unit shall be entirely on-site, in the garage, carport, and driveway or otherwise off of the public street.

E. Occupants of the short-term rental unit shall comply with all standards and regulations stated in Chapter 8.08 of this code concerning noise.

F. The owner or operator shall provide each occupant of the short-term rental unit with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:

1. The contract information for the operator, with twenty-four (24) hour availability;

2. The maximum number of overnight occupants and the maximum number of daytime occupants as permitted under this chapter;

3. Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property;

4. A copy of the Chapter 10.50 of this code concerning noise; and

5. Notification that the occupant or owner may be cited or fined by the city in accordance with this code.

G. The owner or operator shall provide to all residents within three hundred (300) feet of the short-term rental unit the contact information of the owner, the operator and local contact person, if different. Such contact information shall include the telephone number and email address of the owner or operator.

(Ord. No. 175, § 1, 3-16-17)

A. While a short-term rental unit is rented, the owner, operator, or local contact person shall be available twenty-four (24) hours per day, seven days per week for the purpose of responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit or their guests.

B. The owner, operator, or local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit.

C. Prior to occupancy of a short-term rental unit, the owner or operator shall obtain the name, address, and a copy of a valid government identification of the responsible person and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term rental unit.

D. The owner, operator, or local contact person shall upon notification that the responsible person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term unit, promptly respond within sixty (60) minutes and appropriate manner to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, and/or operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental unit within sixty (60) minutes and appropriate manner shall be subject to all administrative, legal, and equitable remedies available to the city, including revocation of short-term rental permit.

E. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by waste haulers on scheduled trash collection days. The owner or operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Amador City's Municipal Code.

F. The owner or operator shall post the current short-term rental permit number on or in any advertisement appearing in any newspaper, magazine, brochure, trade paper, website, etc., that promotes the availability or existence of a short-term rental unit.

G. The city clerk shall have the authority to impose additional conditions on the use of any short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated.

(Ord. No. 175, § 1, 3-16-17)

A. A violation of any provision of this chapter by any occupant, owner, or operator shall constitute grounds for modification, suspension, or revocation of the short-term rental permit. In addition, the failure of the owner or operator to satisfy any of its obligations and requirements of Chapter 3.16 concerning transient occupancy taxes shall be an independent basis for modification, suspension, or revocation of any permit issued under this chapter.

B. Whenever any owner or operator fails to comply with any provision of this chapter, the city, after giving the operator or owner ten (10) days written notice specifying the time and place of a hearing before the city council, and requiring him to show cause why the short-term rental permit should not be modified, suspended, or revoked, may modify, suspend, or revoke the permit held by the operator or owner.

C. The city may enforce this chapter, including the terms and conditions of any permit granted under this chapter, by any means provided for in Chapter 1.12, 8.12, or 17.84 of this code or by any other means authorized by law.

(Ord. No. 175, § 1, 3-16-17)