Fowler Municipal Code Ch. 25 Short-Term Rentals

The purpose of this chapter is to provide property owners and residents with operating standards to conduct short-term rentals of single-family homes or other dwelling units within the City of Fowler. The intent of this chapter is to ensure that property owners operate short-term rentals in a manner that upholds the safe and quiet enjoyment of Fowler neighborhoods and provides for accountability for any issues that arise from properties being used as short-term rentals.

(Ord. No. 2023-06, § 3, 4-18-2023)

For the purposes of this chapter, the following definitions apply:

"Advertisement" means any method used to solicit interest in the short-term rental, including internet-based listing or hosting services.

"Applicant" means the person applying for a business license in accordance with Chapter 1, of Title 3 of the Fowler Municipal Code for a short-term rental.

"Booking transaction" means the reservation of a short-term rental between a permittee and a prospective lodger.

"City Manager" means the City Manager or their designee.

"CC&Rs" (also known as "covenants, conditions, and restrictions") means limitations and rules placed on a group of homes by a builder, developer, neighborhood association, or homeowner association.

"Dwelling" means only those habitable portions of a building designed for and/or occupied as a residence by one (1) family or individual.

"Host" shall mean the owner or the designated agent of the owner who is responsible for compliance with this section. This person designated by an owner or the owner's agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the short-term rental unit, and take remedial action necessary, as required under subsection K of Section 5-25.03. The host will act as the local contact person for the short-term rental unit.

"Hosting platform" means a person who collects or receives a fee, directly or indirectly, for conducting a booking transaction using any medium of facilitation, including an internet-based platform.

"Lodger" means a person to whom a permittee is providing lodging for compensation. "Lodger" includes any guests that may accompany the person renting the short-term rental unit from the permittee.

"Lot" means a parcel of land shown on a subdivision map or a record of survey map recorded in the office of the county recorder with a separate and distinct number or letter, or a parcel described by metes and bounds, or a building site in one (1) ownership having an area for each main building as hereinafter required in each zone.

"Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling. "Owner" includes a lessee.

"Permittee" means the person to whom a business license for a short-term rental is issued.

"Primary residence" means the dwelling in which the applicant or permittee resides for at least half of the calendar year, or one hundred and eighty-four (184) days during the calendar year.

"Short-term rental" shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered short-term rentals. Short-term rentals do not constitute a home occupation as provided in Section 9-5.21.22 of the Fowler Municipal Code.

"Short-term rental unit" shall mean the habitable interior space of a dwelling, or any portion thereof, that is being rented, or is intended to be rented, as a short-term rental to a person or group of persons.

"Transient Occupancy Tax" means the tax imposed under Chapter 6, of Title 3, of the Fowler Municipal Code.

(Ord. No. 2023-06, § 3, 4-18-2023)

A. The owner of a short-term rental unit shall apply to the city for a business license in accordance with the provisions of Chapter 1, of Title 3 of the Fowler Municipal Code, prior to booking a short-term rental to a lodger. Within ten (10) calendar days following the issuance of such business license for a short-term rental, the owner shall mail or personally deliver in writing the following information to the owners and occupants of properties contiguous to and directly across the street (or alley or other right-of-way) from the short-term rental: the name and telephone number of the person, whether the owner or the host, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of lodgers of a short-term rental unit. Thereafter, within thirty (30) days of the issuance of the business license, the Owner shall submit to the City Manager under penalty of perjury, a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a business license for a short-term rental that such information changes, the owner shall promptly mail or personally deliver in writing the updated information to maintain accuracy and shall also promptly submit to the City Manager, written certification under penalty of perjury that the required mailing or delivery of the updated information was completed.

B. The owner of a short-term rental unit shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the owner's agent, host, or the lodgers of the owner's short-term rental unit.

C. The owner shall ensure that the short-term rental unit(s) comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees.

D. While a dwelling is rented as a short-term rental unit, the owner or host shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental unit. The owner or host must be on the premises of the short-term rental at the request of an enforcement officer or the City's Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter occurring at the short-term rental. Failure of the owner or host to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 8, of Title 1.

E. Short-term rental unit(s) shall be used only for overnight lodging accommodations. At no time shall a short-term rental unit be used for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.

F. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued business license number as part of the rental offering. No person shall advertise the use of a dwelling as a short-term rental unless the City has approved a business license for short-term rentals pursuant to this chapter.

G. Only the habitable interior portions of a dwelling shall be utilized as a short-term rental. No garages, tents, camper trailers, recreational vehicles, or other exterior structures or spaces are permissible as short-term rentals.

H. In any advertisement concerning the availability of a dwelling as a short-term rental, the owner or host shall advertise the maximum number of occupants allowed to occupy the short-term rental unit.

I. All vehicles of lodgers of a short-term rental unit shall be parked only in an approved driveway or garage on the short-term rental unit. The maximum number of vehicles allowed on a short-term rental unit shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term "sidewalk" shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

J. No on-site exterior signs shall be posted advertising the availability of a dwelling as a short-term rental unit.

K. If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of the Fowler Municipal Code, or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or host of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or host to affirmatively respond to the officer's request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the host act as a peace officer or place themselves in an at-risk situation.

L. No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 10:00 p.m. and 9:00 a.m.

M. Lodgers shall not engage in outdoor activities on a short-term rental unit between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

N. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Section 6-2.302, which provides for containers to be placed at the curb on the day of pickup and removed by noon the following day. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the lodgers. The short-term rental property shall be free of debris both on-site and in the adjacent portion of the street.

O. It is unlawful for any owner, lodger, occupant, renter, person present upon, host, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Chapter 21, of Title 5 of the Fowler Municipal Code.

P. The owner and host shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and hosts are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the lodgers of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

Q. The owner shall post a sign at a conspicuous location within the short-term rental unit advising lodgers of all rules and operational standards imposed upon lodgers under this section.

R. All short-term rentals shall be subject to the City's Transient occupancy tax, as required by Chapter 6, of Title 3, of the Fowler Municipal Code. The Owner shall also maintain at all times a valid Fowler business license, as required by Chapter 1, of Title 3 of the Fowler Municipal Code.

S. Short-term rentals shall not exceed one unit per address in any multiple-family complex comprised of two (2) or more residential units.

T. No person shall operate a short-term rental in violation of the applicable CC&Rs or similar regulations applicable to the lot.

(Ord. No. 2023-06, § 3, 4-18-2023)

A. No permittee shall rent to more than six (6) people per short-term rental booking transaction.

B. Notwithstanding subdivision A, if the permittee's primary residence is not on the same lot as the short-term rental, the permittee shall not rent to more than six (6) people per lot.

C. If the short-term rental unit is not the permittee's primary residence, no permittee shall provide lodging for compensation for more than an aggregate of ninety (90) days in any calendar year.

(Ord. No. 2023-06, § 3, 4-18-2023)

A. A permittee shall keep a register that documents the following information:

1. All dates on which the permittee provided lodging for compensation;

2. The number of lodgers on each date; and

3. The amount of rent paid by lodgers for each night of lodging.

B. A permittee shall maintain this register in a printed format for at least three (3) years and, except as provided in subdivision C below, shall provide the register to the City upon request.

C. For short-term rentals that are not the primary residence of the permittee, the permittee shall provide an updated copy of the register to the City each January and July, by sending or delivering the register to the City Manager.

(Ord. No. 2023-06, § 3, 4-18-2023)

A. No hosting platform shall accept a fee for any booking transaction unless the owner or host has a valid City-issued business license for short-term rentals.

B. A hosting platform is, and has the responsibilities of, an operator as provided in Section 3-6.02, subdivision (c), for the limited purposes of collecting the Transient Occupancy Tax for a booking transaction and remitting the tax to the City in accordance with Section 3-6.09 and keeping and preserving records for City inspection in accordance with Section 3-6.14.

(Ord. No. 2023-06, § 3, 4-18-2023)