Mammoth Lakes Municipal Code Ch. 5.32 Transient Rentals of Residential Units

This chapter is intended to provide a procedure to ensure that transient rental use does not create adverse impacts to neighboring properties due to excessive traffic, noise, trash, and similar issues. Additionally, this Chapter is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure or cause health and safety concerns, and that minimum health and safety standards are maintained in such units to protect the visitor from unsafe or unsanitary conditions. This is consistent with the General Plan Vision Statement that the Town is committed to providing the very highest quality of life for residents and the highest quality of experience for visitors.

(Code 1990, § 5.40.010; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 24-03, exh. B(5.40.010), 3-20-2024)

Transient use of residential property shall be permitted as allowed by Title 17, Zoning, upon the issuance of a business tax certificate and certified property authorization pursuant to Chapters 5.04 and 3.12. The business tax certificate and certified property authorization shall be maintained at all times. Transient uses shall comply with all applicable Codes, including the California Building Code, the California Residential Code, and local amendments.

(Code 1990, § 5.40.020; Ord. No. 15-12, § 2(exh. A), 12-2-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certified property means a transient occupancy unit that is authorized to conduct transient rentals by the Town.

Local 24-hour emergency contact means a business with a Town of business tax certificate providing those specific services as the business model, or an operator living within 60 miles of the Town. Failure to maintain a business tax certificate as a local 24-hour emergency contact will eliminate the ability to qualify as a local 24-hour emergency contact. The local 24-hour emergency contact shall be personally available by telephone on a 24-hour basis to respond to calls regarding the condition and/or operation of the unit.

Operator means the person who is a legal owner of the transient occupancy unit. The term "operator" also means a person who has the legal right to possession of the premises occupied by transients. The term "operator" also means any person who, through lease, mortgage, contract, license, or similar legal right obtains any right to receive or collect any money as rent for the occupancy of the transient occupancy unit by transients. The term "operator" also means any manager, agent, representative or other similar person acting on the authority of an owner of a transient occupancy unit or on the authority of any person who by reason of lease, mortgage, contract, license or similar legal right to receive or collect rent for the occupancy of the transient occupancy unit by transients, which agent, manager or representative has been authorized to receive or collect rent for the occupancy of the transient occupancy unit by transients.

Residential property means any single- or multiple-family dwelling units, duplexes, guesthouses, caretaker units, or other dwelling unit or structure located on one or more contiguous lots of record in any of the zoning districts in Title 17 which allow residential uses. This does not include condominiums that function as hotels (i.e. condo hotels).

Transfer means the act by virtue of which title of a property is conveyed from one person, business structure, partnership, corporation, non-profit, trust or other entity in the form of sale, money transfer, lease, license, lien, gift, or any other way of disposing of a property or asset.

Transient occupancy unit means any place, space or structure, or portion of any place, space or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging or similar use in conformance with the Town's zoning regulations, and shall include, but not be limited to, the following: hotel, hotel-motel, lodge; inn; dude ranch; apartment; apartment unit; condominium; condominium unit; triplex; duplex; single-family residence; cooperative; mobile home; motor home, trailer, dormitory; rooming house; camping site; space where camping or remaining overnight is permitted at a campground, recreational vehicle park; or other similar structure, facility or space. The term "transient occupancy unit" shall not include any of the following: any hospital, sanitarium, medical clinic, convalescent home, rest home, owner-occupied time share estate, owner-occupied time share use, home for aged people, foster home or other similar facility operated for the care or treatment of human beings; any asylum, jail, prison, orphanage or other unit or facility in which human beings are detained or housed under legal restraint; housing owned or controlled by any educational institution and used exclusively by students and employees of such educational institutions, and officially recognized or approved by it; any housing operated or used exclusively for religious, charitable or educational purposes by an organization having qualified for exemption from property taxes under the laws of the State; any housing owned by a governmental agency and used to house its employees or for governmental purposes; any camp as defined in the Labor Code or other housing furnished by any employer exclusively for housing that employer's employees.

Transient rental means occupation of a transient occupancy unit for a period of 30 days or less.

Visitor expectation guide means a guide that is published by the Town on an annual basis and adopted by resolution of the Town Council.

(Code 1990, § 5.40.030; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 24-03, exh. B(5.40.030), 3-20-2024)

Each transient rental unit shall have a notice posted within the unit in a location clearly marked and accessible to the tenant (e.g. posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing all of the following information:

(1) The maximum number of occupants permitted to stay overnight in the unit.

(2) The maximum number of vehicles associated with the transient rental allowed to be parked on the property.

(3) The location of on-site parking spaces and the parking rules for seasonal snow removal.

(4) Notification that an occupant, as a person responsible for an unlawful large party, may be cited and fined for creating a disturbance or for violating other provisions of this chapter.

(5) Notification that trash and refuse shall not be left or stored on the property unless it is deposited in bear resistant containers intended for pickup by the Town's solid waste contractor. Alternatively, trash may be deposited within a dumpster serving the property or at the transfer station for a fee. Trash information should include specific instructions on opening and securing the animal resistant dumpsters.

(6) Notification that failure to conform to the parking and occupancy requirements for the transient occupancy unit is a violation of this Code.

(7) The name of the managing agency or agent and a telephone number at which that party may be reached on a 24-hour basis.

(8) Physical street address of the unit and emergency contact information consisting of 911 and non-emergency contact information for the Town Fire Protection District and Mammoth Lakes Police Department.

(9) Evacuation plan for the unit showing exit routes, exits, and fire extinguisher locations. Evacuation plans may be hand-drawn and do not need to be drawn to scale but should clearly show occupants how to exit the premises in the case of an emergency.

(10) The current version of the visitor expectation guide must be posted in the transient occupancy unit in a visible location.

(11) Acceptance by an operator of a certified property authorization constitutes consent by the operator, and all other operators of that transient occupancy unit, to publication by the Town of certified property information, including the certified property authorization number, names of all operators, e-mail addresses, and telephone numbers, 24-hour emergency contact name, 24-hour emergency contact phone number, number of parking spots, and maximum occupancy for the transient occupancy unit.

(Code 1990, § 5.40.040; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 24-03, exh. B(5.40.040), 3-20-2024)

Transient uses shall comply with all of the following standards and conditions of operation.

(1) All applicable Codes regarding fire, building and safety, health and safety, noise, and other relevant laws.

(2) Information on the permitted occupancy, parking capacity for each unit, and trash disposal requirements shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the unit. The operator shall restrict the parking for the transient rental so that tenants will not exceed the number of parking spaces allocated to the unit.

(3) Each operator shall have a local 24-hour emergency contact who is available at all times to respond to questions and issues arising out of the transient occupancy. Failure to respond to calls in a timely and appropriate manner on two occasions shall result in revocation of the certified property authorization for the transient occupancy unit and the eligibility as a 24-hour emergency contact. For purposes of this chapter, responding in a timely and appropriate manner shall mean that a response to an initial call shall be made within one hour of the time the call was made, and within 24 hours of the initial call, corrective action shall be commenced to address any violation of this chapter and Chapter 3.12.

(4) Each operator shall supply the name and phone number for the cleaning service to the Town. The cleaning service can be the owner, property management company or other Town business tax certificate holder providing those specific services within their business model.

(5) Operators shall furnish the names and contact information of each vendor or contractor supplying services to a certified property as requested by the Town.

(6) The number of occupants in any residential unit for transient use shall not exceed the limits set forth in the Health & Safety Code and the 1997 Uniform Housing Code.

(7) Any advertisement, including web advertising, for the transient occupancy unit must include the certified property authorization number.

(8) All activities shall be in compliance with the Town's Noise Chapter (Municipal Code Chapter 8.16) and the Town's Solid Waste Chapter (Municipal Code Chapter 8.12).

(9) Occupancy limitations.

a. Single-family home, town home, duplex. The maximum number of persons who may occupy the property as transient renters or their overnight guests shall be limited to two persons per bedroom, plus two. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. The maximum occupancy shall not exceed ten persons in any rental unit unless the unit is approved by the Town Tax Collector for such occupancy.

b. Condominiums and all other unit types. The maximum number of persons who may occupy the property as transient renters or their overnight guests shall be limited to two persons per bedroom, plus two. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. The maximum occupancy shall not exceed ten persons in any certified property unless the unit is approved by the Town Tax Collector for such occupancy.

(10) Transient rental units shall not be used for activities that would exceed the maximum permitted number of occupants unless a special event permit is reviewed and approved by the Town.

(11) Operators shall distribute the visitor expectation guide to all occupants prior to check in. The visitor expectation guide shall be posted within the transient occupancy unit in a conspicuous place.

(Code 1990, § 5.40.050; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 24-03, exh. B(5.40.050), 3-20-2024)

When the Town is made aware of the failure to adhere to the standards, conditions, or other requirements of operating a transient occupancy unit, the operator shall be afforded the following process to resolve the issue before any further action is taken at the discretion of the Tax Collector:

(1) The operator shall be notified of the violation and will have 30 days to resolve the identified violation, to continue renting without penalty or suspension.

(2) If the violations are not corrected in the initial 30 days, the operator will receive a fine, in accordance with the Town's fine schedule for non-compliance.

(3) If the violation is not corrected within 45 days of initial notice, the Town shall suspend the certified property authorization until the problems are resolved to the satisfaction of the Town. Continued operation after suspension, including advertising for transient rentals, will be subject to administrative citations and other remedies available to the Town.

(Ord. No. 24-03, exh. B(5.40.055), 3-20-2024)

(a) Any transient occupancy unit for which a new certified property authorization is requested shall be inspected, prior to commencement of the use, by a qualified inspector authorized and approved by the Town to conduct such inspections. The inspection shall verify compliance with all standards and conditions of operation including signage requirements as well as applicable safety requirements. The qualified inspector shall submit a completed inspection form to the Town showing that the unit has passed inspection and is approved for rental. The actual cost of such inspection shall be paid by the operator directly to the inspector. A unit shall be required to be inspected every four years and prior to the issuance of any new certified property authorization.

(b) The Town may require transient occupancy units identified as being operated in violation of this chapter to be reinspected by a qualified inspector at any time. The cost of the reinspection or expenses incurred to reach compliance shall be paid by the operator.

(c) Operators shall complete the transient rental inspection within two months of the submission of applications to the Town indicating the intention to rent the transient occupancy unit on a transient basis. Failure to complete the transient rental inspection within the two-month period will result in the revocation of the applications and forfeiting of all application fees paid by the operator.

(Code 1990, § 5.40.060; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 24-03, exh. B(5.40.060), 3-20-2024; Ord. No. 26-02, § 1(exh. B), 3-18-2026)

(a) A violation of any provision of this chapter, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law, provided that such violations shall be subject to a fine not exceeding $1,500.00 for a first violation, a fine not $3,000.00 for a second violation of this chapter or Chapter 3.12 within one year, and a fine not exceeding $5,000.00 for each additional violation of this chapter or Chapter 3.12 within one year of the first violation.

(b) Notwithstanding Chapter 1.12 and Subsection (a) of this section, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate shall be $500.00 for the first violation.

(c) Notwithstanding Subsection (a) of this section, the $1,500.00, $3,000.00, and $5,000.00 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a transient occupancy registration certificate or business tax certificate or pay a fee for either of those certificates; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a "transient occupancy facility" as defined in Section 3.12.010.

(d) Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(e) Non-compliance by an operator of the requirements for registration and operation of transient rental units may result in the revocation of the business tax certificate authorizing the use, and no new business tax certificate may be issued to the same licensee for operation of a transient occupancy facility for a period of 12 months following such revocation.

(f) A person committing a second or subsequent violation of any provision of this chapter, including the rental of a transient occupancy unit without a business tax certificate or certified property authorization, and/or the renting of any property in a zoning district that does not allow for such transient rental, or without proper land use approvals shall be subject to a minimum enforcement charge of $2,500.00.

(Code 1990, § 5.40.070; Ord. No. 15-12, § 2(exh. A), 12-2-2015; Ord. No. 22-10, § 1(exh. A), 11-16-2022)

(a) If during a financial audit or other means of assessing rental activity the Tax Collector determines that the nonpayment of any remittance due is based on fraud, the operator shall be subject to an administrative fine of $1,000.00 and revocation of the associated business tax certificate and all certified property authorizations. No new business tax certificates or certified property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and 12 months following all subsequent violations.

(b) An operator found to have undertaken, contracted for, or allowed unpermitted improvements, alterations, or repairs in a transient occupancy unit for which a permit or permits were required by applicable Codes, laws and/or ordinances shall be subject to an administrative fine of one thousand dollars and revocation of the associated business tax certificate and all certified property authorizations. No new business tax certificates or certified property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and 12 months following all subsequent violations.

(c) An operator found to have violated this chapter in connection with the registration (or lack thereof) or operation of a transient occupancy unit shall be subject to an administrative fine of $1,000.00 and revocation of the associated business tax certificate and all certified property authorizations. No new business tax certificates or certified property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and 12 months following all subsequent violations.

(Ord. No. 24-03, exh. B(5.40.080), 3-20-2024)