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HomeMy WebLinkAbout2018-19 Repealing and Reenacting Chapter 14 of Title 4 of the Vail Town Code, Regarding Short Term Rental PropertiesORDINANCE NO. 19 SERIES 2018 AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTAL PROPERTIES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is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 registration 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 properties only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to a short-term rental property. !SC��f7��f►I�7[�7►�� For purposes of this Chapter, the following terms shall have the following meanings: 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. PROFESSIONAL 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, who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a professional property management firm. 1112&2018 SIFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANAL YSISISTRISTR-0103018.DOCX SHORT-TERM RENTAL PROPERTY ("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. REGISTRATION REQUIRED: A current, valid registration is required for each STR in the Town. 4-14-4: REGISTRATION PROCEDURE: A. At least thirty (30) days prior to any advertising of an STR, the owner or property management firm shall register the STR with the Finance Director or designee, on forms supplied by the Town. For professionally managed STRs, registration for multiple STRs may be made by filing a complete list of all the STRs in the Town managed by such firm, on forms supplied by the Town, and the list shall be updated at least quarterly. B. The fee for STR registration shall be set by resolution of the Town Council. C. If the STR is located within a duplex, the registration form shall include a copy of a written notice provided by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall be sent by first-class mail at least seven (7) days prior to registering the STR. D. No registration form shall be accepted without 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 Section 4-14-6. E. Each STR registration is nontransferable. F. An STR registration 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 registration. 4-14-5: LOCAL REPRESENTATIVE REQUIRED: Each owner or property management firm shall appoint a natural person who remains 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. The owner or property management firm shall notify the Finance Director or designee in writing of the appointment of a local representative within five (5) days of such 2 1112812018 S IRNANCEIBUDGEn SUDGET 1 MTOWN COUNCIL MEMOS & ANAL YSISISTRISTR-0103018.DOCX appointment or modification of any such appointment, including contact information. 4-14-6: HEALTH AND SAFETY STANDARDS: A. 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. 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 sufficient privacy. 5. 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. 6. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. Ail pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-7: PARKING: 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. 3 1112WO18 S IFINANCEIBUDGETIBUDGET 1$ITOWN COUNCIL MEMOS & ANAL YSISISTRISTR-0103018.DOCX 4-14-8: SIGNAGE: An owner or property management firm shall post a sign conspicuously inside each STR. The sign shall include the local representative's current contact information, the street address of the STR and the STR registration number. 4-14-9: ADVERTISING: Advertising for an STR shall include the STR registration number, or, for all professionally managed STRs, the Town business license number, immediately following the description of the STR. 4-14-10: TAXES: A. For each STR, all applicable Town sales and lodging taxes shall be timely collected and remitted. B. Professionally -managed STRs may submit one tax payment for multiple properties, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-11: NOTICE: Any notice required by this Chapter is sufficient if sent by first-class mail to the address provided by the owner or property management firm on the most recent registration form or registration list, provided that notice to the local representative shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-12: LIABILITY: A. An owner shall be liable for any and all violations occurring on the STR. B. A property management firm shall be jointly and severally liable for any and all violations occurring on any of its professionally managed STRs in the Town. 4-14-13: 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 11a812018 S-IFINANCEIBUDGETI6UDGET 181TOWN COUNCIL MEMOS & ANAL YS1SISTR1STR-0103018.DOCX 4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT: A. It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense and be punishable as such. B. Violations of this Chapter shall be subject to the following fines and penalties, per STR: First violation in a 12-month period Second violation in a 12-month period: Third violation in a 12-month period Additional violation in a 12-month period II$500 II$1,500 II$2,500 I IISTR prohibited for two years C. Enforcement of this Chapter may be initiated in any of the following ways: 1. A citation may be served by posting on the front door of the STR, or by personal service on the owner or the local representative, if present, or by mailing first class or certified mail to the last known address of the owner, local representative or property management firm; or 2. A summons and complaint may be served on the owner of the STR as provided in the Colorado Municipal Court Rules of Civil Procedure; or 3. A summons and complaint may be served on the associated property management firm or local representative for the STR as provided in the Colorado Municipal Court Rules of Civil Procedure. D. 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 the Property in violation of this Chapter. All remedies shall be cumulative. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause 5 S: kRIVANCEIBUDGEnBUDGET I MTOWN COUNCIL MEMOS & ANAL YSISISTRISTR-010301 B.DOCX or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this fit" day of November, 2018 and a public hearing for second reading of this Ordinance is set for the th day of December, 2018, in the Council Chambers of the Vail Municipal Bui ing, Vail, Colorado. ave Chapin. Mayor A M, Patt nckeny, o READ AN P VED ON SECOND A D ER UBLISHED this 4th day of December, 2018. D e Chap , Mayor A EST: 'Lc�—'4P -- Tam agel, TfWh Clerk ` OF rot' ORATS'o 6 11/28/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS B ANALYSISISTRISTR-0103018.DOCX