section 17-53.

(I) Ineligible dwellings, structures and spaces - No permit for a homeshare or vacation rental shall be issued for any of the following dwellings:

(1) A dwelling subject to a city-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing

unit, farmworker housing, a superintendent or caretaker dwelling.

(2) A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in

the event every shareholder, partner or member of the legal entity is a natural person as established by documentation (which shall be public record) provided by the permit applicant. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this article. Notwithstanding any language in this subsection (I)(2) to the contrary, if a dwelling unit is subject to the Vacation Ownership and Time-share Act of 2004, such unit may be owned by a corporation, partnership or limited liability company and still be eligible to obtain a permit pursuant to this section 17-53, provided that said owner otherwise complies with all of the applicable requirements of this section 17-53.

(3) A dwelling on property owned by six or more owners, unless each owner shares common ancestors or the dwelling is subject to the Vacation Ownership and

Time-share Act of 2004 and became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.

(4) A dwelling or structure that has not, if legally required, obtained a full building final inspection or been issued a valid certificate of occupancy by the city building

official.

(5) A mobile home located in a mobile home park.

(6) Space in a yard or on a balcony. Camping in a backyard or on a balcony as a form of STR is prohibited.

(7) A vehicle, to include an RV, car or boat. Use of a vehicle as a form of STR is prohibited.

(8) Those 440 units in the planned development community known as The Colony at Mandalay Beach.

(9) Those units in the Harbour Island condominiums.

(10) An accessory dwelling unit.

(J) Pre-permitting inspection - Prior to the initial issuance of a permit under this article, the city building official or designee shall conduct an inspection to determine the number of bedrooms within the unit and ensure the dwelling and site comply with the provisions of this article and other applicable building and zoning codes and regulations regarding parking, access, fire, and other relevant health and safety standards. If any violation is identified during the inspection, no permit shall be issued under this article until the violation(s) is abated.

(K) Permit application, processing and fees -

(1) Applications for the initial issuance and renewal of permits under this article shall meet the form and content requirements as established by the community

development director or designee.

(2) Each application shall include a floor plan showing all rooms with each room labeled as to room type and a site plan depicting the location of all on-site parking and existing structures and describing the use of all existing structures.

(3) Each application shall include a nuisance response plan containing the information required by subsection (L).

(4) Each application shall include a mailing list for notifications pursuant subsection (N)(2) along with fees as set forth in the planning division fee schedule.

(5) Each application shall include an affidavit in a form provided by the community development director or designee, signed by each owner of the subject property,

agreeing to comply with the operational standards of subsection (M) and the property management requirements of subsection (N) should the permit be issued. The affidavit form shall also include the following statement: “The City considers the short-term rental of dwellings to be businesses that are operated in residential zones. Short-term rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of Chapter 17, Article IV, Section 17-53 of the Oxnard City Code. Violations are grounds for permit revocation, fines, and/or criminal prosecution.”

(6) For a homeshare only, annually provide to the planning division proof of a homeowner’s exemption from the county assessor and a fully-executed statement

that the property is owner occupied.

(7) An annual permit fee authorized by the fee schedule applicable to the planning division may be collected upon the filing of an application to cover the city’s

costs of administering this article.

(8) Prior to permit issuance under this article, the applicant shall: (i) pay all applicable city fees: (ii) provide contact information for the owner of a homeshare, or

designate and provide contact information for one or two property managers of a vacation rental, pursuant to subsection (L); (iii) provide a fully-executed affidavit pursuant to subsection (K)(5): (vi) provide proof of compliance with the applicable business tax and licensing, and transient occupancy tax requirements pursuant to subsection (N)(6); (v) for a homeshare only, proof of homeowner’s exemption and statement that property is owner occupied pursuant to subsection (K)(6) ; (vi) provide proof of insurance pursuant to subsection (N)(7); and (vii) provide the fully-executed defense and indemnification agreement pursuant to subsection (N)(8).

(9) Notwithstanding any other provision of this article, no public hearing shall be conducted regarding permit applications under this article. Decisions of the

community development director or designee on permit applications to approve a short-term rental permit are final when rendered and are not subject to appeal.

(L) Nuisance response plan - Each nuisance response plan accompanying a vacation rental application shall contain the following information and otherwise be in a form required by the community development department.

(1) The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a vacation rental pursuant to the permit.

(2) The name, address and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to

or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the vacation rental by tenants, their visitors and/or their guests. For the purposes of this section, a return telephone call to a complainant shall be deemed “prompt” when:

(a) Between the hours of 7:01 a.m. and 9:59 p.m. the call to contact the renter to correct the problem is made within 30 minutes of receiving the initial complaint;

(b) Between 10:00.p.m. and 7:00 a.m.. the quiet hours, the call to contact the renter to correct the problem is made within 15 minutes of receiving the initial

complaint.

(3) No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance

complaint; and

(4) Only one such person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different

days in a week, and/or different weeks of the year.

(5) The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants

will be notified of the response and the method of documenting prompt responses and timely corrective action.

(6) The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this section “timely corrective

action” shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental within 30 minutes of the initial nuisance complaint.

(M) Operational standards - The following minimum operational standards apply to all homeshares and vacation rentals. All owners, renters, occupants and visitors of homeshares and vacation rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and vacation rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.

(1) Limits on duration of stay -

(a) The property owner shall require all occupants of vacation rentals to agree to a minimum stay of no less than three nights.

(b) Vacation rental units may be rented for no more than 100 days during any calendar year. Notwithstanding any language in this subsection (M) to the contrary,

the 100-day annual cap per calendar year shall not apply to a dwelling unit within a development that is subject to the Vacation Ownership and Time-share Act of 2004) and that became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019. (2) Occupancy limits -

(a) Vacation rental overnight occupancy shall be limited to a maximum of two persons per bedroom occupying up to five bedrooms, plus two additional persons,

up to a maximum of ten persons.

(b) Homeshares shall have a maximum of two bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five rental guests.

(c) Inclusive of the owner(s) in the case of homeshares, the maximum number of total persons allowed on the property at any time shall not exceed the maximum

overnight occupancy plus six additional persons. No person who is not staying overnight at the homeshare or vacation rental shall be on the property during the quiet hours stated in subsection (M)(4)(b).

(d) Homeshares and vacation rentals shall not be rented to more than one group at a time; no more than one rental agreement shall be effective for any given

date.

(e) The primary occupant of a vacation rental shall be an adult 21 years of age or older. The primary occupant shall be legally responsible for compliance of all

occupants of the unit and/or their guests with all provisions of this article and/or this code.

(3) Parking requirements -

(a) Parking shall be provided on the property as follows:

1. A minimum of one parking space for vacation rentals in a studio or one bedroom;

2. A minimum of two parking spaces for homeshares and vacation rentals with two to four bedrooms; and

3. A minimum of three parking spaces for homeshares and vacation rentals with five or more bedrooms.

(b) Permitted garages and driveways on the property shall be unobstructed and made available for renter parking.

(4) Noise -

(a) No use or activity associated with a homeshare or vacation rental shall at any time create unreasonable noise or disturbance as provided in chapter 7, article

XI - sound regulations of the Oxnard city code.

(b) Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

(c) Pursuant to OCC section 7-147.1 the sale, offer to sell, use, or possession of fireworks is prohibited in the City of Oxnard and use by a tenant or guest of an STR is also a violation of this article.

(5) Events and activities - No homeshare or vacation rental property shall be rented or used for any event or activity attended by more persons than are allowed on

the property pursuant to subsection (M)(2) that violates any noise standard of subsection (M)(4), or that violates any other standard or requirement of this article or any other local, State or federal law.

(6) Refuse - Adequate waste collection facilities and services shall be provided for a homeshare or vacation rental at all times. Waste bins and refuse shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collection day(s). The waste collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously inside the rental unit.

(N) Property management requirements - The following minimum property management requirements apply to all homeshares and vacation rentals.

(1) Owner/property manager requirements -

(a) At all times a homeshare is rented out. a homeshare owner shall be onsite between the hours of 10:00 p.m. and 7:00 a.m.. and within 25 miles of the property

at all other times, to ensure compliance with the standards and requirements of this article.

(b) At all times a vacation rental is rented out. the vacation rental shall have one or two designated property managers, one of whom shall be available at all times

and within 25 miles of the property, to ensure compliance with the standards and requirements of this article. An owner may serve as one of the property managers.

(c) Each application under this article shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times,

along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the community development director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a vacation rental’s designated property manager shall take effect unless and until approved in writing by the community development director or designee.

(2) Permit notification -

(a) The planning division shall provide a mailed notice of permit issuance, and of each permit renewal, to the owner of the subject property and the owners of all

real property situated within a radius of 300 feet of the exterior boundaries of the assessor’s parcel(s) which is the subject of the application.

(b) At a minimum, the notice of permit issuance shall include: (i) directions to view a copy of the nuisance response plan: and (ii) contact information for the code

compliance division.

(3) Information in rental agreements -

(a) Each rental agreement for a vacation rental or homeshare shall prominently display the following information:

1. The permitted occupancy and guest limits for both day and night;

2. Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

3. Notification that no outdoor amplified music or sound is allowed during quiet hours and a copy of chapter 7, article XI - sound regulations of the Oxnard city

code as may be amended from time to time;

4. Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, noise standards or any other standard or requirement of this article;

   5. The available number of onsite parking spaces, and notification that all parking shall occur on-site with no on-street parking allowed;

   6. The waste collection schedule and the tenant’s responsibilities regarding waste collection;

   7. Notification that the sale, possession or use of fireworks in the City of Oxnard is prohibited.

   (4) Information in advertising and listings -

   (a) Each advertisement and listing for a vacation rental or homeshare shall prominently display the following information:

   1. The city-issued land use permit number authorizing the homeshare or vacation rental under this article;

   2. The current city issued business license tax certificate identification number, if required for the operation;

   3. All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner will be present in the home;

   4. The available number of onsite parking spaces, and notification that all parking shall occur on-site with no on-street parking allowed.

   (b) No advertisements or notices regarding the availability of a dwelling for homeshare or vacation rental use shall be posted on the property.

   (5) Posting inside of dwellings - The following information, as well as all information required by subsection (N)(3), shall be posted in a conspicuous location inside the dwelling within six feet of the main entrance of the homeshare or vacation rental:

   (a) The name and contact information for the designated property manager of a vacation rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;

   (b) The waste collection schedule and information about recycling and green waste separation and disposal;

   (c) Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the unit’s occupancy limits, noise standards and other operational standards.

   (6) Business license; business taxes: transient occupancy tax - The owner of a vacation rental or homeshare shall acquire and maintain a valid city business license, timely pay annual business taxes evidenced by a business tax certificate, and obtain and maintain a valid city transient occupancy tax registration certificate and timely pay all required city transient occupancy taxes.

   (7) Insurance - The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of $1,000,000 per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this article, and shall be made available to the community development director or designee upon request.

   (8) Defense and indemnification - All owners of a homeshare or vacation rental shall be jointly and severally responsible to defend and indemnify the city and all of its officials, employees and agents from and against all third-party claims, causes of action, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this article and/or from the operation of the homeshare or vacation rental. Upon submittal of a permit application under this article, all owners of the homeshare or vacation rental shall execute a written agreement on a form provided by the community development director or designee implementing this defense and indemnification requirement.

   (9) Record-keeping - The owner of a homeshare or vacation rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this article. These records shall include but are not limited to all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this article and subsequent renewal up to two years, and shall be made available in electronic format for the city’s review upon request of the community development director or designee.

(O) Inspection and monitoring -

(1) Inspections - In addition to the pre-permitting inspection of a homeshare or vacation rental pursuant to subsection (J), upon reasonable notice. City staff shall be

given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or vacation rental in compliance with the provisions of this article and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.

(2) Inspection, monitoring and code enforcement costs - City monitoring shall be required for each homeshare and vacation rental operation issued a permit. The

permittee shall be responsible for all inspection and monitoring costs associated with the operation. Monitoring may be conducted by a third party compliance company hired by the city. The permittee shall also be responsible for any and all code enforcement costs, calculated at a full cost recovery rate, related to their property.

(P) Permit fees - The community development department shall assess fees for a short-term rental permit, as set by the city council. Fees and deposits set forth in this article may be adjusted each year by the city council, reflecting the costs of administering the short-term rental permit, and enforcing the requirements of this section.

(Q) Complaints and violations -

(1) Complaints -

(a) Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or vacation rental shall be directed to the vacation rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or vacation rental.

(b) Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or vacation rental has created unreasonable noise or disturbance and/or

potentially violated any other operational standard of this article the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within 30 minutes, or within 15 minutes during the quiet hours between 10:00 p.m. and 7:00 a.m.. after the complaint is first received.

(c) Within 24 hours after first receiving a complaint pursuant to subsection (Q)(1) (b) above, the property manager or owner shall complete the online reporting

form provided by the community development director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and (3) describe the resolution or current status.

(d) A property manager’s or owner’s failure to promptly resolve a complaint pursuant to subsection (Q)(1)(b) above which the planning division deems to be valid,

or to timely and fully report the complaint to the community development director or designee on the online reporting form, shall each constitute a separate violation of this article.

(e) Individuals who file false reports of nuisance activities or other violations of this section shall be subject to fine and prosecution pursuant to Cal. Penal Code,

Section 148.5 and the complainant will be responsible for the costs associated with the service call by the police department or code enforcement.

(2) Violations - Each of the following acts or omissions related to the operation or use of a homeshare or vacation rental is unlawful and constitutes a violation of

this article. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or vacation rental. Each day a violation occurs constitutes a separate, additional violation:

(a) Engaging in an act in violation of the permitting requirement of subsection (F);

(b) Failure to comply with an operational standard of subsection (M);

(c) Failure to comply with a property management requirement of subsection (N);

(d) Failure to comply with the complaint investigation, resolution and/or reporting requirements of subsection (Q)(1); and

(e) Failure to timely remit to the city any cost or fee pursuant to this article.

(R) Revocation or suspension of permit -

(1) The community development director may revoke, or suspend a vacation rental or homeshare permit for one or more of the following reasons:

(a) A property transfer triggering property tax reassessment pursuant to the Cal. Rev. and Tax. Code, Section 60et seq., as determined by the Ventura county assessor such that the vacation rental or homeshare permit associated with the property shall expire and shall also become nonrenewable at the time of the property transfer.

(b) The permittee has made a false, misleading or fraudulent statement of material fact in the application for the vacation rental or homeshare permit, in the

information required to be submitted to the city, or in response to inquiries by the city.

(c) The permittee engaged in any of the following conduct related to this section that:

1. Resulted in a citation or conviction against the permittee;

2. Violated local, State or federal law;

3. Constituted a public nuisance;

4. Breached any condition, requirement, or restriction of the vacation rental or homeshare permit; or

5. Constituted a hazard to public peace, health, or safety.

(d) Failure to pass inspections required under the provisions of subsection (J).

(e) Three or more verified and valid complaints of any violation of the Oxnard city code, State or federal law. as determined by the community development

director, within a 12-month period, shall be grounds for permit revocation.

(2) A vacation rental or homeshare permit may be revoked, suspended, or additional conditions may be imposed by the community development director by

providing written notice to the permittee setting forth the basis of the intended action and giving the permittee an opportunity, within 14 calendar days, to present responding information to the department of planning and community development.

(3) After the 14-day period, the community development director shall determine whether to revoke the permit, suspend the permit, or impose additional conditions

upon the permit and thereafter, give written notice of its decision to the permittee. The permit shall be deemed to be valid until the written notice of the decision has been issued.

(S) Violations declared a public nuisance - Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

(T) Each violation a separate offense - Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Oxnard. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Oxnard may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the person/s or entity to which the STR permit was issued and by tenants under contract to use the STR. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his or her designee(s), may take immediate action to temporarily suspend a STR permit issued by the city, pending a hearing before the city manager, or his or her designee(s).

(U) Criminal penalties - Each and every violation of the provisions of this article may, at the discretion of the district attorney or city attorney be prosecuted as an infraction or misdemeanor and upon conviction be subject to a fine not to exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 and revocation of the permit for a period of two years after which the property owner would have to reapply for the third violation. Each day a violation is committed or permitted to continue shall constitute a separate offense. The fine for operating an unlicensed and/or unpermitted STR shall be $5,000 per day.

(V) Remedies cumulative and not exclusive - The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

(W) Appeals - A property owner or duly appointed designee may appeal a decision of the community development director to deny, revoke, or suspend a short-term rental permit pursuant to chapter 1, article V - administrative hearings of the Oxnard city code.

(Ord. No. 2970, 2986)