The purpose of this subchapter is to permit and regulate the establishment and operation of bed and breakfast establishments in the City of Auburn and to ensure the preservation of the character, integrity and property values of surrounding areas within which facilities are located and maintained.

(Ord. 14-05, eff. 1-7-2015)

The City Council finds that bed and breakfast establishments constitute small commercial lodging facilities in commercial and residential zoning districts. This requires special regulations that may not be normally covered by standards for hotels and motels.

(Ord. 14-05, eff. 1-7-2015)

For the purpose of this subchapter, the following definition shall apply unless the context clearly requires a different meaning to serve the intent of this subchapter.

BED AND BREAKFAST ESTABLISHMENT. A residential dwelling whose primary usage is commercial lodging, for a period of 30 consecutive days or less; where breakfast may be served to overnight guests; the owner, manager or operator is actively involved in daily operations of the facility and is on-site 24 hours a day.

(Ord. 14-05, eff. 1-7-2015)

1. The owner shall use reasonably prudent practices to ensure that the bed and breakfast is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject bed and breakfast establishment, including compliance with §§ 33.185et seq.
2. Maximum number of days and nights for rent or lease. The maximum number of days that a bed and breakfast shall be occupied is 30 consecutive days.
3. Maximum number of occupants. The maximum number of occupants shall be in accordance with the California Building Code.
4. Appearance, visibility or location. Except for signage, a bed and breakfast shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, or lighting.
5. On-site parking required. A minimum of 2 parking spaces shall be required for the owner and a minimum of 1 parking space shall be provided for each guest room. All parking associated with a bed and breakfast shall be entirely onsite and not located in the required front yard pursuant to § 159.171 of the Auburn Municipal Code.
6. Noise. The bed and breakfast shall comply with the noise standards and regulations of the City of Auburn Municipal Code, Chapter 93.
7. The rented units shall not contain individual cooking facilities.
8. Signs. Signs for a bed and breakfast shall be subject to a sign permit issued by the city and limited to the following:
   1. One sign attached to the main residence on the site, with a maximum area of 4 square feet; and
   2. One freestanding sign, not to exceed 16 square feet in area nor 6 feet in height above grade.
9. Transient occupancy tax. If applicable, a bed and breakfast establishment shall comply with Chapter 33 of the Auburn Municipal Code.
10. Prior to operation of a bed and breakfast, a business license shall be obtained from the City of Auburn.

(Ord. 14-05, eff. 1-7-2015)

In accordance with § 33.195 of the Auburn Municipal Code, it shall be the duty of every operator who may be liable for the collection and payment to the city of any tax imposed by the provisions of this subchapter to keep and preserve, for a period of 3 years, all records which may be necessary to determine the amount of the tax as he or she may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have the right to inspect at all reasonable times.

(Ord. 14-05, eff. 1-7-2015)

Violations of this subchapter shall be remedied in accordance with §§ 10.80et seq. (Administrative Enforcement) of the Auburn Municipal Code.

(Ord. 14-05, eff. 1-7-2015)

If any section, sentence, clause, phrase, or portion of this subchapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this subchapter shall nonetheless remain in full force and effect. The City Council of the City of Auburn hereby declares that it would have adopted each section, sentence, clause, phase, or portion of this subchapter, irrespective of the fact that any 1 or more sections, sentences, clauses, phrases, or portions of this subchapter be declared invalid or unenforceable and, to that end, the provisions of this subchapter are severable.

(Ord. 14-05, eff. 1-7-2015)

1. Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.
   
   (1973 Code, § 9-4.1803)
2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance. The City Attorney shall, upon an order of the Council, immediately commence an action or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant the relief as will abate and remove the building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this chapter.
   
   (1973 Code, § 9-4.1804)
   (Ord. 558, eff. - -)
3. 1. Violation of any provision of §§ 159.185et seq. shall be punishable as an infraction and shall be punishable as set forth in Chapter 10 of the Auburn Municipal Code. Each and every day that a prohibited sign is erected, constructed, maintained, placed, or displayed in violation of this subchapter shall be considered a separate violation.
   2. In addition to any other remedy, penalty or provision of law, the violation of any provision of §§ 159.185et seq. shall be deemed to be a public nuisance, and may be abated by the City Attorney as provided by common and statutory law and city ordinance, in any manner provided by law, whether criminal, civil, or administrative.
      
      (Ord. 12-05, eff. 12-19-2012)
4. Each violation of §§ 159.140et seq. or of any regulation, order or ruling promulgated under §§ 159.140et seq. shall constitute a misdemeanor and be punishable by a fine of not more than $500, or by imprisonment for not more than 180 days, or both, and each day a violation continues to exist shall constitute a separate offense.

(1973 Code, § 9-4.1903) (Ord. 757, eff. 10-8-1980)