HomeMy WebLinkAbout2017-15 Amending Title 4, adding Chapter 14, Short-Term Rental Properties and Repealing Sections in ConflictORDINANCE NO. 15
SERIES 2017
AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 14, ENTITLED SHORT-TERM
RENTAL PROPERTIES, AND REPEALING SECTIONS IN CONFLICT
THEREWITH
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of
a new Chapter 14 to read as follows:
CHAPTER 14
SHORT-TERM RENTAL PROPERTIES
4-14-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to establish comprehensive licensing
regulations to safeguard the public health, safety and welfare by regulating
and controlling the use, occupancy, location and maintenance of short-
term rental properties in the Town.
B. This Chapter shall apply to short-term rental property only, as
defined herein. This Chapter shall not apply to the furnishing of lodging
services in hotels, motels, lodges or bed and breakfast establishments, or
to properties with long-term leases.
C. This Chapter shall not supersede or affect any private conditions,
covenants or restrictions applicable to a short-term rental property.
4-14-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
OWNER: The record owner of a residential dwelling unit in the Town who
intends to lease or leases the unit as a short-term rental property.
LEASE: An agreement or act 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.
RESIDENTIAL DWELLING UNIT: A building or group of rooms with
kitchen facilities designed or used as a dwelling by a family as an
independent housekeeping unit, excluding the following, as defined in Title
Ordinance No. 15, Series of 2017
12 of this Code, if serviced by a full-time on-site property manager:
accommodation unit, bed and breakfast, employee housing unit, fractional
fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare
unit.
SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any
room therein, available for lease for a term of less than thirty (30)
consecutive days.
4-14-3: LICENSE REQUIRED:
A valid license is required for each short-term rental property in the Town.
4-14-4: APPLICATION:
A. At least thirty (30) days prior to any advertising for or lease of a
short-term rental property, the owner shall file a written application for a
short-term rental license with the Finance Director or designee, on forms
supplied by the Town. The application shall not be deemed complete until
all required information is submitted.
B. The application fee shall be set by resolution of the Town Council.
C. If the proposed short-term rental property is located within a duplex,
the application shall include a copy of a written notice provided by the
owner to the last known address of the record owner of the adjoining
residential dwelling unit. The written notice shall include a copy of the
completed application, and shall be sent by first-class United States mail
at least seven (7) days prior to the filing of the application.
D. No license shall be issued without an affidavit, signed by the owner
under penalty of perjury, certifying that the short-term rental property is in
habitable condition and complies with the health and safety standards set
forth in Section 4-14-7.
E. Within thirty (30) days of receipt of a complete application for a
short-term rental license, if the Finance Director or designee finds that the
application complies with this Chapter, the Finance Director or designee
shall issue a short-term rental license. The license shall be issued in the
name of the owner, and shall not be transferable.
4-14-5: LICENSE TERM:
A. A short-term rental license shall expire on December 31 of each
calendar year, or when title of the short-term rental property transfers to a
new owner, whichever occurs first. Each change in ownership of a short-
term rental property shall require a new license.
Ordinance No. 15, Series of 2017
B. An application for renewal of a short-term rental license shall be
submitted at least thirty (30) days prior to expiration of the existing license.
4-14-6: LOCAL AGENT REQUIRED:
Each owner shall appoint a natural person who remains within a sixty (60)
minute distance of the short-term rental property and is available 24 hours
per day, 7 days per week, to serve as the local agent for the short-term
rental property. The owner shall notify the Finance Director or designee in
writing of the appointment of a local agent within five (5) days of such
appointment or modification of any such appointment.
4-14-7: HEALTH AND SAFETY STANDARDS:
Each short-term rental property shall comply with all of the following
standards, at a minimum, at all times while the property is being leased:
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. Smoke detectors, carbon monoxide detectors and fire
extinguishers shall be installed and operable, and all wood -burning
fireplaces and stoves shall be cleaned on an annual basis.
4. 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 sufficiency privacy.
5. There shall be a sufficient number of trash receptacles to
accommodate all trash generated by those occupying the short-term rental
property, and all receptacles shall comply with Chapter 9 of Title 5 of this
Code.
6. Occupancy of a short-term rental property shall comply with
Chapter 2 of Title 12 of this Code.
7. The use of portable outdoor fireplaces is prohibited.
8. Electrical panels shall be clearly labeled.
9. All pets shall be subject to Title 6, Chapter 4 of this Code.
Ordinance No. 15, Series of 2017
4-14-8: PARKING:
Parking 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.
4-14-9: SIGNAGE:
An owner shall post a sign conspicuously inside the short-term rental
property. The sign shall include the local agent's current contact
information, the owner's current contact information, the street address of
the short-term rental property and the short-term rental license number.
4-14-10: ADVERTISING:
All advertising for a short-term rental property shall include the short-term
rental license number, immediately following the description of the short-
term rental property.
4-14-11: TAXES:
The owner shall collect and remit Town sales and lodging taxes on each
short-term rental property.
4-14-12: NOTICE:
Any notice required by this Chapter to be given to an owner is sufficient if
sent by first-class mail to the address provided by the owner on the most
recent license or renewal application. Notice given to the local agent, by
first-class mail to the address provided by the owner, shall also be
sufficient to satisfy any required notice to the owner under this Chapter.
4-14-13: INITIAL COMPLAINTS:
Initial complaints concerning a short-term rental property shall be directed
to the local agent. The local agent 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. to 7:00 a.m., including
visiting the site if necessary.
4-14-14: FORMAL COMPLAINTS AND REVOCATION:
A. If an initial complaint is not resolved, a formal complaint may be
filed with the Town Manager or designee, on forms provided by the Town.
The formal complaint shall describe in detail the violation(s) of this
Chapter alleged to have occurred on the short-term rental property.
Within three (3) days of receipt of such a complaint, the Town shall
provide a copy of the formal complaint to the owner. Formal complaints
Ordinance No. 15, Series of 2017
shall be signed by an individual and subject to public inspection; no
anonymous formal complaints shall be accepted.
B. If there are three (3) or more formal complaints issued for the same
short-term rental property within any consecutive twelve-month period, the
Town Manager or designee may revoke the license for that short-term
rental property upon written notice to the owner. The Town Manager or
designee may also revoke any short-term rental license that was issued in
error. The Town shall notify an owner, in writing, of any revocation and
the reasons therefor.
C. The owner may appeal any revocation by filing a written appeal
with the Town Manager or designee within ten (10) days of the date of the
revocation notice. In the written appeal, the owner shall describe the
reason for the appeal, and may request a hearing before the Town
Manager or designee. The hearing shall be informal, and may be
conducted in person or by telephone, at the discretion of the Town
Manager or designee. At the hearing, the owner shall have the
opportunity to be heard on the revocation. Within ten (10) days of the
hearing, the Town Manager or designee shall either uphold or reverse the
revocation, in writing. The decision of the Town Manager or designee
shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of
competent jurisdiction.
D. For a minimum of two (2) years following revocation of a short-term
rental license, the Town shall not accept an application for a new license
for the same short-term rental property, unless the ownership of the short-
term rental property has transferred and a real estate transfer tax has
been paid for such transfer pursuant to Chapter 6 of Title 2 of this Code.
Following such two-year period, a new short-term rental license shall only
be issued for a short-term rental property within a duplex if the record
owner of the adjoining residential dwelling unit consents in writing to the
issuance of such license.
4-14-15: VIOLATION AND PENALTY:
A. It is unlawful for any owner, local agent or occupant of a short-term
rental property to violate any provision of this Chapter or any other
applicable provision of this Code.
B. In addition to any revocation proceedings pursuant to Section 4-14-
13, violations of this Chapter shall be subject to the penalties set forth in
Section 1-4-1 of this Code. Each separate act in violation of this Chapter,
and each and every day or portion thereof during which any separate act
in violation of this Chapter is committed, continued, or permitted, shall be
deemed a separate offense. Any remedies provided for in this Chapter
Ordinance No. 15, Series of 2017
shall be cumulative and not exclusive and shall be in addition to any other
remedies provided by law.
Section 2. The definition of "short term rental" contained in Section 4-1-2 of
the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in
their entirety.
Section 3. 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 4. 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 5. 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 6. Effective Date. This ordinance shall take effect on March 1, 2018.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of November, 2017 and
a public hearing for second reading of this Ordinance is set for the 5th day ;f December,
2017, in the Council Chambers of the Vail Munici.. BuildingVail, ; olora
ATTEST:
Patty cK
=^r- Chapin, Mayor
READ AND AP' ' ! ' D ON SECOND READING
this 5th day of December, 2017.
ATT
Mayo
CilPatty Mc � , T Cler
Ordinance No. 15, Series of 2017
D PUBLISHED