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HomeMy WebLinkAbout2022-11PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2022, First Reading, on the Town of Vail's web site, www.vailaov.com, on the 18t" day of May 2022. Witness my hand and seal this 18t" day of May 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4-14 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTALS, AND ESTABLISHING A LICENSING PROGRAM AND ANNUAL FEE FOR SHORT-TERM RENTALS WHEREAS, guests staying in short-term rentals ("STRs") in the Town spend money in the local economy, primarily in the retail, food and beverage and recreation industries, and in turn create local jobs; WHEREAS, these jobs generate demand for housing, but many of the jobs created are at wage levels that do not pay enough for employees to afford market rate housing in the Town; WHEREAS, without an adequate supply of housing and housing support programs, the Town risks losing some of its labor supply that is essential to the businesses in which STR guests spend money during their stay; WHEREAS, to pay for the required housing supply and support programs, and to cover the costs of administering the Town's STR licensing program, annual fees for STRs are necessary; WHEREAS, the Town contracted with Economic and Planning Systems, Inc. to conduct a study to determine the appropriate fees for STRs, and the Town Council is relying on that study to set the annual fees for STRs; WHEREAS, without regulation by the Town, nuisances created by STRs, such as noise, parking issues and over -occupancy, would negatively impact neighborhoods in the Town; and WHEREAS, the Town wishes to ensure the safety of guests staying in STRs by ensuring that they meet minimal life -safety requirement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 14 SHORT-TERM RENTALS 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish a comprehensive licensing program to safeguard the public health, safety, and welfare by 1 511812022 C: I USERS IAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX regulating and controlling the use, occupancy, location, and maintenance of short-term rentals in the Town. B. This Chapter shall apply to short-term rentals only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to short-term rentals. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: Any agreement, whether verbal or written, by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PRINCIPAL PLACE OF RESIDENCE: The home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. In determining what is a principal place of residence, the Town shall consider the criteria set forth in C.R.S. § 31- 10-201(3), as amended. PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club (as those terms are defined in Section 12-2-2 of this Code) who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club, which entity or group is designated by the STR owner to act as the STR owner's agent regarding the STR. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a property management firm. SHORT-TERM RENTAL (STR): A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days, but excluding bed and breakfasts and accommodation units. 4-14-3: LICENSE REQUIRED: A. General. A current, valid license is required for each STR in the Town. Each STR license is non -transferable. B. Application. For new licenses and renewals, the STR owner or property management firm shall file an application with the Finance Director or designee, on forms supplied by the Town, accompanied by the following: 1. The applicable license fee established by Section 4-14-4; 2 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX 2. An administrative fee of $150, which administrative fee shall be used by the Town to offset the costs of processing the application; 3. An affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in this Chapter; and 4. If the STR is located within a duplex, a copy of a written notice sent by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit, by first-class mail at least seven (7) days prior to submission of the application. B. Local Representative. Each application shall include the appointment of a natural person who shall remain within a sixty (60) minute distance of the STR and is available twenty four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. At least five (5) days prior to any change in such appointment, the STR owner or property management firm shall notify the Town of such change, including new contact information. For an STR located in a building with onsite management services available at all times, if the STR owner uses such services, no local representative appointment shall be required. C. Expiration; Renewal. Each STR license shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. D. Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STR. A renewal application shall be filed by January 31 of the year in which the license expires. E. Revocation. In addition to any other penalties allowed by this Chapter, the Town may revoke any STR license if the Town finds and determines that any violation of this Chapter exists at the STR; provided that the Town provides the licensee with at least fourteen (14) days' prior written notice and an opportunity to be heard prior to revocation. The notice shall include a description of the violation and the date and time when the STR owner may appear and be heard, and the notice shall be either personally served on the STR owner or mailed by first-class United States Mail to the last -known address of the STR owner or property management firm. 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property 3 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX liability insurance; commercial liability insurance; or an endorsement to a homeowner's policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 4-14-5: HEALTH AND SAFETY STANDARDS; INSPECTIONS: A. Standards: Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 4. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 5. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 6. The use of portable outdoor fireplaces is prohibited. 7. Electrical panels shall be clearly labeled. 8. All pets shall be subject to Title 6, Chapter 4 of this Code. 9. All items listed in subsection B.2. hereof shall comply with the current Vail Fire Code. 10. Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 11. A sign shall be conspicuously inside each STR with the STR license number, the local representative's current contact information, and the physical address of the STR, including unit number if applicable. 4 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX B. Inspections: 1. When required: a. Each STR, other than those located in buildings with on -site management services available at all times, shall obtain a fire and life safety inspection as a condition of license issuance and every three (3) years thereafter. Requests for inspections shall be made to Vail Fire and Emergency Services at least sixty (60) days prior to the date of the initial license application and at least sixty (60) days prior to the end of each subsequent three (3) year period. b. Notwithstanding the foregoing, each STR that was validly registered with the Town on the date of the ordinance codified in this Section, and is not located in a building with on -site management services available at all times, is eligible for an STR license without an initial inspection, provided that the STR is inspected prior to January 1, 2026 and every three (3) years thereafter. Requests for initial inspections shall be made to Vail Fire and Emergency Services on or before July 1, 2025, and requests for later inspections shall be made at least sixty (60) days prior to the end of each subsequent three (3) year period. 2. Items Inspected: The following will be inspected by Vail Fire and Emergency Services for compliance with the current Vail Fire Code: a. Fire extinguishers; b. Adequacy of egress; C. Posted egress plan; d. Carbon monoxide detectors; e. Smoke alarms; f. Occupant load; g. Improvised electrical conditions and use of extension cords; h. Use of portable heating appliances and outdoor heating appliances; and i. Conspicuous posting of the physical address of the STR. 3. Re -inspection: If an inspection reveals that an STR is not in compliance with this Chapter, a re -inspection shall be required. Re- 5 5/18/2022 C:I USERSIAJAKUBIECIAPPDATAI LOCALIMICROSOFTI WINDOWSUNETCACHEI CONTENT.OUTLOOKUK02MABAISTR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX inspections must be scheduled in advance and may take up to sixty (60) days to complete. 4-14-6: ADVERTISING: Advertising for an STR shall include the STR license number immediately following the description of the STR. 4-14-7: TAXES: A. All applicable Town Sales and Lodging Taxes for STRs shall be timely collected and remitted. B. A property management firm may submit one tax payment for multiple STRs, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-8: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4-14-9: VIOLATION AND PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense. B. Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town. C. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first class U.S. Mail to the last known address of the STR owner or property management firm. 2. Civil violations shall be subject to the following fines and penalties, per STR: First violation in any twelve (12) month period: $1,500 6 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX Second violation in any twelve (12) month period: $2,650 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation. 4. If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement. 5. If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last -known address of the STR owner, or to the local representative or property management firm. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR. F. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 7 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX Section 6. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 8 5/18/2022 C:I USERSIAJAKUBIECIAPPDATAI LOCALIMICROSOFTI WINDOWSUNETCACHEI CONTENT.OUTLOOKUK02MABAISTR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17t" day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7t" day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17t" day of May, 2022. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 9 511812022 C: I USERSIAJAKUBIECO PPDATAI LOCAL I MICROSOFTI WI NDOWSIINETCACHEI CONTENT. OUTLOOKUK02MABA 1STR- 0051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 22nd day of June 2022. Witness my hand and seal this 22nd day of June 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4-14 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTALS, AND ESTABLISHING A LICENSING PROGRAM FOR SHORT-TERM RENTALS WHEREAS, without regulation by the Town, nuisances created by short-term rentals, such as noise, parking issues and over -occupancy, would negatively impact neighborhoods in the Town; and WHEREAS, the Town wishes to ensure the safety of guests staying in short-term rentals by ensuring that they meet minimal life -safety requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 14 SHORT-TERM RENTALS 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish a comprehensive licensing program to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rentals in the Town. B. This Chapter shall apply to short-term rentals only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to short-term rentals. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: Any agreement, whether verbal or written, by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PRINCIPAL PLACE OF RESIDENCE: The home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. In determining what is a principal place of residence, the Town shall consider the criteria set forth in C.R.S. § 31- 10-201(3), as amended. PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club (as those terms are defined in Section 12-2-2 of this Code) who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club, which entity or group is designated by the STR owner to act as the STR owner's agent regarding the STR. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a property management firm. SHORT-TERM RENTAL (STR): A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days, but excluding bed and breakfasts and accommodation units. 4-14-3: LICENSE REQUIRED: A. General. A current, valid license is required for each STR in the Town. Each STR license is non -transferable. B. Application. For new licenses and renewals, the STIR owner or property management firm shall file an application with the Finance Director or designee, on forms supplied by the Town, accompanied by the following: 1. An administrative fee of $260, unless the STR is located in a building with on -site management services available at all times, and then the administrative fee shall be $50; 2. An affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in this Chapter; and 3. If the STR is located within a duplex, a copy of a written notice sent by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit, by first-class mail at least seven (7) days prior to submission of the application. B. Local Representative. Each application shall include the appointment of a natural person who shall remain within a sixty (60) minute distance of the STR and is available twenty four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. At least five (5) days prior to any change in such appointment, the STIR owner or property management firm shall notify the Town of such change, including new contact information. For an STR located in a building with onsite management services available at all times, if the STR owner uses such services, no local representative appointment shall be required. C. Expiration; Renewal. Each STR license shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. D. Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STIR. A renewal application shall be filed by January 31 of the year in which the license expires. E. Revocation. In addition to any other penalties allowed by this Chapter, the Town may revoke any STR license if the Town finds and determines that any violation of this Chapter exists at the STR; provided that the Town provides the licensee with at least fourteen (14) days' prior written notice and an opportunity to be heard prior to revocation. The notice shall include a description of the violation and the date and time when the STR owner may appear and be heard, and the notice shall be either personally served on the STR owner or mailed by first-class United States Mail to the last -known address of the STR owner or property management firm. 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner's policy for coverage of STIR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 4-14-5: HEALTH AND SAFETY STANDARDS; INSPECTIONS: A. Standards: Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 4. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 5. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 6. The use of portable outdoor fireplaces is prohibited. 7. Electrical panels shall be clearly labeled. 8. All pets shall be subject to Title 6, Chapter 4 of this Code 9. All items listed in subsection B.2. hereof shall comply with the current Vail Fire Code. 10. Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 11. A sign, in a form approved by Town, shall be conspicuously posted inside each STR with the STR license number, the local representative's current contact information, and the physical address of the STR, including unit number if applicable. 12. A second sign, in a form approved by the Town, shall be posted in a location so as to be visible from the exterior of the STR by passersby, stating that the property contains an STR and providing the local representative's current contact information and the Town's hotline for complaints. The second sign shall not be required if the STR is located in a building with on -site management services available at all times. B. Inspections: 1. When required: a. Each STR, other than those located in buildings with on -site management services available at all times, shall obtain a fire and life safety inspection as a condition of license issuance and every three (3) years thereafter. Requests for inspections shall be made to Vail Fire and Emergency Services at least sixty (60) days prior to the date of the initial license application and at least sixty (60) days prior to the end of each subsequent three (3) year period. b. Notwithstanding the foregoing, each STR that was validly registered with the Town on the date of the ordinance codified in this Section, and is not located in a building with on -site management services available at all times, is eligible for an STR license without an initial inspection, provided that the STR is inspected prior to January 1, 2026 and every three (3) years thereafter. Requests for initial inspections shall be made to Vail Fire and Emergency Services on or before July 1, 2025, and requests for later inspections shall be made at least sixty (60) days prior to the end of each subsequent three (3) year period. 2. Items Inspected: The following will be inspected by Vail Fire and Emergency Services for compliance with the current Vail Fire Code: a. Fire extinguishers; b. Adequacy of egress; C. Posted egress plan; d. Carbon monoxide detectors; e. Smoke alarms; f. Occupant load; g. Improvised electrical conditions and use of extension cords; h. Use of portable heating appliances and outdoor heating appliances; and i. Conspicuous posting of the physical address of the STIR. 3. Re -inspection: If an inspection reveals that an STR is not in compliance with this Chapter, a re -inspection shall be required. Re - inspections must be scheduled in advance and may take up to sixty (60) days to complete. 4-14-6: ADVERTISING: Advertising for an STR shall include the STIR license number immediately following the description of the STR. 4-14-7: TAXES: All applicable Town Sales and Lodging Taxes for STRs shall be timely collected and remitted. 4-14-8: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4-14-9: VIOLATION AND PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense. B. Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town. C. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first-class U.S. Mail to the last known address of the STIR owner or property management firm. 2. Civil violations shall be subject to the following fines and penalties, per STR: First violation in any twelve (12) month period: $1,500 Second violation in any twelve (12) month period: $2,650 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation. 4. If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement. 5. If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last -known address of the STR owner, or to the local representative or property management firm. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR. F. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter. G. Prior Violations: Any violations of the prior version of this Chapter shall count toward the number of violations for the particular property. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 8. Effective Date. This ordinance shall take effect as provided by the Vail Town Charter, but the code amendments set forth in this ordinance shall take effect on January 1, 2023, and all registered short-term rentals in the Town shall comply with the new Chapter 4-14 by February 28, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17' day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7t" day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of June, 2022. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk