Colfax Municipal Code Ch. 17.123 Short-Term Rentals

It is the purpose of this chapter to provide rules governing the issuance of permits and establishment of operational requirements and restrictions for short-term rentals of dwellings within the city of Colfax. The intent of this chapter is to ensure that the operation of these short-term rentals is consistent with applicable local, state and federal laws, statutes, rules, and regulations.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

It is unlawful for any person to advertise, maintain, authorize the use or occupancy of, or operate a short-term rental of a dwelling in the city of Colfax without first obtaining a valid permit as required by this chapter. A short-term rental permit may not be issued for both a single-family dwelling and an accessory dwelling unit on the same parcel.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A short-term rental permit issued under this chapter shall expire twelve (12) months from the date of issuance, unless revoked, suspended or surrendered earlier. The permit authorizes the permittee to conduct only such activities and services as described in the permit and in accordance with the terms and conditions of the permit and the requirements and limitations in this chapter. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

For purposes of this chapter, the following definitions apply:

A. "Accessory dwelling" unit has the same meaning as defined in California Government Code Section 65852.2.

B. "Advertise" or "advertisement" means any method used to solicit interest in a short-term rental including but not limited to, internet-based listing or hosting services.

C. "Lodger" means a person to whom a person is providing lodging for compensation.

D. "Owner-occupied short-term rental" is where the owner or tenant is permanently residing within the short-term rental.

E. "Parcel" means property assigned a separate parcel number by the Placer County Assessor.

F. "Permittee" means the property owner to whom a short-term rental permit is issued.

G. "Person" means any individual, partnership, co-partnership, firm association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

H. "Property owner" means the owner of fee title to the property on which the short-term rental exists, or their agent authorized to rent the short-term rental.

L

"Single-family dwelling" means a building or portion thereof, except a tent or trailer, designed or intended to be used for residence purposes by one family. Mobile homes which are not placed on a permanent foundation will be treated as a trailer for the purposes of this definition.

J. "Short-term rental" means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A short-term basis is thirty (30) calendar days or less to the same person or the same group of persons.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A. A property owner may apply for a short-term rental permit by filing an application with the planning director and/or designee. The application must be on a form approved by the planning director and/or designee and may require any information or documentation consistent with the provisions of this chapter. The permit application shall be on a form furnished by the city and signed by the applicant. Such application shall include, but not be limited to, the following information:

1. Name, address, and telephone number of the applicant;

2. Name, address, and 24-hour telephone numbers(s) of applicant and secondary point of contact, if the applicant is not located onsite;

3. Floor plan, parking location(s), a copy of the business license, and proof of insurance;

4. Any supplemental information which the planning director or designee finds reasonably necessary to determine whether to approve a short­ term rental permit.

B. To renew a short-term rental permit, the permittee shall file an application with the planning director or designee that complies with subsection A above. The application must be submitted no later than thirty (30) calendar days prior to the short-term rental permit expiration date.

C. Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

Every permit application shall be accompanied by a nonrefundable short-term rental permit application fee as established by resolution of the city council, as may be amended from time to time. This application fee shall be in addition to the city's business license tax, transient occupancy tax, and any other license, permit fee, or penalty fee imposed by local, state or federal laws, statutes, rules, or regulations.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A. Every permittee within the city of Colfax shall retain for a period of eighteen (18) months a register containing the booking information for each group that stays at the short-term rental and make the register available to the city of Colfax upon request.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A. The planning director or designee may suspend, revoke, or condition any short­ term rental permit if the permittee has violated any provision of this chapter or if it is determined that it is necessary to preserve the health, safety and welfare of lodgers and citizens of Colfax.

B. Additionally, upon issuance of any permit, the planning director or designee may limit the permit by any condition reasonably necessary to preserve the health, safety and welfare of lodgers and the citizens of Colfax and fulfill the purpose of this chapter.

C. The conditions that the city may impose on the short-term rental permit include, but are not limited to:

1. Requiring the permittee to remain at the short-term rental during certain hours while guests are present;

2. Reducing the number of guests that are allowed to lodge at the short-term rental;

3. Reducing the number of days in a year that the permittee is allowed to provide short-term lodging;

4. Reducing the number of vehicles that may park on the property.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

The planning director may deny an application for a short-term rental permit for any of the following reasons;

A. The application is incomplete;

B. The application contains a false or misleading statement or omission of a material fact;

C. The short-term rental or permittee is currently in violation of, or under investigation for violation of any local, state or federal laws, statutes, rules or regulations;

D. The property owner or occupants of the short-term rental is delinquent on any payment to the city of any fees, penalties, taxes, or any other monies related to the short-term rental property including, but not limited to, transient occupancy taxes;

E. If a short-term rental permit for the dwelling was ever revoked or suspended;

F. The operation of a short-term rental is a threat to the public health, safety, or welfare; or

G. Any required application fee or renewal fee has not been paid.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A. Any permittee may appeal the planning director's decision to deny, suspend, revoke, or condition a short-term rental permit by submitting a written notice of appeal to the planning director within fourteen (14) calendar days from the date of service of the notice of decision.

D. The appeal hearing shall be conducted by the city council or the city council's designee pursuant to Colfax Municipal Code Chapter 17.56 "Revocation Procedure."

B. Upon receipt of any appeal filed pursuant to this section, the planning director or designee shall schedule the appeal hearing within forty-five (45) calendar days, or as soon thereafter as is practicable.

C. The city shall provide a notice of the appeal hearing to the appellant. The notice shall be in writing and contain the date, time and location of the appeal hearing. The notice shall be provided to the appellant at the address shown on the appeal at least fifteen (15) calendar days prior to the date of the hearing.

D. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing.

E. If such an appeal is not received within fourteen (14) calendar days, the decision of the Planning Director shall be final.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

A. It is unlawful for any person to operate a short-term rental without complying with the provisions of this chapter. Violation of any provision of this chapter may, at the discretion of the planning director, be charged as an administrative citation under Chapter 1.25 of this Code, or as a misdemeanor or infraction under Chapter 1.24 of this Code. Each day a violation is committed or permitted to continue shall constitute a separate offense. In the case of administrative citations, administrative fines shall be assessed in the amounts provided under subsection 1.25.030 B.2 of this Code for commercial, industrial and other properties.

B. Violations of this chapter are hereby declared to be a public nuisance. Additionally, a public nuisance may be deemed to exist if operation of the short­ term rental results in:

1. More than one response to the parcel, property and/or short-term rental, from law enforcement officers during the term of the permit;

2. Disruption to the free passage of persons or vehicles in the immediate neighborhood;

3. All short-term rental guests are required to comply with the noise standards of the city of Colfax General Plan and the community noise equivalent levels (CNEL) standards (Table 4-3 Noise Compatibility Standards of the General Plan).

4. Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area.

C. The remedies and penalties provided herein are cumulative and nonexclusive. The use of one does not prevent the use of other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Colfax Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Colfax Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this chapter or to abate a public nuisance.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

The city manager or designee may develop operational rules, regulations requirements, or performance standards to implement the provisions and intent of this chapter. All such operational rules, regulations, requirements, or performance standards shall be placed on a public meeting agenda for review and approval by resolution of the city council prior to being implemented.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)