Chino Municipal Code Ch. 8.95 Short Term Rentals

The city council hereby finds:

A. The city has seen the number of short term rental units used by visitors as temporary and transient housing increase in recent years.

B. The term of occupancy by most visitors to these short term rentals is less than thirty days.

C. Many of these short term housing units are located in established residential areas where such use of property was never contemplated nor intended.

D. Because many of these short term rental units are located in residential areas, these residential areas see dramatic rises in parking and traffic congestion, noise complaints, increase in calls for service to first responders, increases in trash and debris, and general nuisance conditions.

E. These public nuisance conditions impact and threaten the health, safety and welfare of the residents where these short term housing units are located by creating conditions for congestion, crime, loud noises and disturbances of the peace, and reduced property values, among other things.

F. These short term rental units and their growth in numbers in residential communities not designed for the increase in congestion and population result in a deterioration of the quality of life in those communities.

G. Residential areas within the city should be readily accessible to residents and the public at large without hindrance or obstruction caused by increases in traffic and congestion caused by short term rental housing units.

H. The peace and tranquility of residential areas of the city should be maintained, and residents should not have to suffer the consequences of loud visitors and the attendant nuisance conditions they bring. Residential areas of the city should be for residents.

I. This chapter is necessary to create an express prohibition against short term rentals throughout the city to protect the health, safety, and welfare of the public and to provide transparency to the public on the city's prohibition on short term rentals and the city's code enforcement processes for violations of this prohibition.

(Ord. 2022-014, § 2, 11-1-2022.)

The following definitions apply to this chapter:

A. "Advertise" means to publish, make public, make known, post, announce, broadcast, promote, or market including on any hosting platform.

B. "Host" means to provide for or offer the use of any residential dwelling, or any portion of a residential dwelling, for any use by a third party, including, but not limited to, on a hosting platform.

C. "Hosting platform" means any marketplace or forum, in any form or format, which supports, promotes, or facilitates rental activity through advertising, match-making or any other means, using any medium of communication, including electronic communication.

D. "Rent" includes, but is not limited to, sublease, and includes rental for any form of monetary or non-monetary consideration, including, but not limited to, money, goods, or services, as well as in-kind exchanges of goods, services, or premises, including, but not limited to, home sharing and home exchanges.

(Ord. 2022-014, § 2, 11-1-2022.)

It is unlawful for any person or entity to host, rent to any other person or entity, or advertise for any use, any residential dwelling, or any portion of a residential dwelling, for a period of thirty consecutive days or less. This prohibition does not apply to the rental of rooms or units in licensed and permitted hotels, motels, inns, bed and breakfasts, or boarding houses.

(Ord. 2022-014, § 2, 11-1-2022.)

A. Any violation of this chapter constitutes a misdemeanor, punishable pursuant to Chapter 1.12 (General Penalty), at the discretion of the city prosecutor, and any violation of this chapter is subject to an administrative citation, at the discretion of the city, pursuant to Chapter 1.15 (Administrative Fines). When imposing administrative fines, the enforcement officer may determine in his or her discretion whether the violation would otherwise constitute a misdemeanor or infraction and may impose the corresponding fine.

B. Any violation of this chapter constitutes a public nuisance and, as such, may be abated or enjoined, in accordance with applicable law, including, but not limited to, the procedures set forth in Chapter 8.50 as reasonably applied to the enforcement of this chapter.

1. The person causing, permitting or maintaining the nuisance, as well as the property owner where the nuisance occurs, shall be liable for all costs to abate such public nuisance as provided in Chapter 8.50, including, but not limited to, staff costs, administrative expenses, actual abatement costs, court costs and attorneys' fees pursuant to Chapter 1.12.040.

C. The remedies described in this section are intended to be cumulative and not exclusive. Pursuit of any one remedy shall not preclude the city from availing itself of any or all administrative, civil, criminal, or other remedies, at law or equity, in lieu of or in conjunction with each other.

D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is caused, permitted or maintained.

(Ord. 2022-014, § 2, 11-1-2022.)