The purpose and intent of the home stays chapter is to adopt regulations pursuant to the police powers of the city for the purpose of requiring the owner(s) of a residential unit that is used as a home stay, as defined by Section 14.08 of this code, to apply for and secure a home stay license authorizing use of the residential unit as a home stay in the manner provided for by this chapter. The intent of this chapter is to establish home stays as an allowed use in the R-1 single-family residential, planned unit development, and planned residential development zone districts.

(Ord. No. 708, § 3, 4-24-2017)

This chapter applies to the licensing of home stays in residential zoning districts as outlined in Sections 14.12, 14.14, and 14.16 of this code.

(Ord. No. 708, § 3, 4-24-2017)

No person shall rent, offer to rent, or advertise for rent a home stay to another person or group without a license approved and issued in a manner provided for by this chapter. Only owners of a residential unit are eligible to apply for and receive a home stay license. Licenses for operation of a home stay will be issued pursuant to an administrative policy developed by the city manager and/or his designee.

(Ord. No. 708, § 3, 4-24-2017)

All of the standards of the underlying residential district shall also apply to home stays.

(Ord. No. 708, § 3, 4-24-2017)

Prior to renting, offering to rent or advertising the rental of a home stay, the owner shall make an application for a home stay license to the city on a form provided by the city. The application shall be filed by the owner and include the following information:

a.

The full true name under which the business will be conducted.

b.

The address and assessor parcel number where the home stay is to be conducted.

c.

The owner's full, true name, mailing address, email address and telephone number.

d.

An affidavit stating that the residential unit meets all applicable building, health and safety standards. The affidavit shall be on a form provided by the city and shall be signed by the owner of the residential unit.

(Ord. No. 708, § 3, 4-24-2017)

The following minimum requirements shall apply to the operation of all home stays:

a.

The owner shall reside in the residential unit during all overnight rental periods.

b.

All advertisements for the home stay shall list the city's home stay license number and the current transient occupancy tax rate which applies to the rental of the unit.

c.

At all times a unit is used as a home stay, a notice shall be posted on the interior of the front door of the home stay, in a form approved by the city, which notes the home stay license number, transient occupancy tax rate, property owner contact information, and any additional information as required by the city as a part of the home stay license.

d.

The owner shall maintain an active business license, transient occupancy tax certificate and any other applicable licenses and permits, in addition to the home stay license, pursuant to this code, at all times that the residential unit is used or advertised as a home stay. A copy of the business license shall be posted on the interior of any bedroom door rented as part of a home stay.

e.

The maximum occupancy of a home stay shall be limited to no more than four home stay guests per home stay.

f.

The owner shall by written agreement, limit home stay occupants to no more than one vehicle.

g.

Availability of the rental unit to the public shall not be advertised on the premises.

h.

The city manager shall have the authority to impose additional operating standards, applicable to all home stays, as necessary, to achieve the objectives of this title. A list of all additional standards shall be maintained and on file in the office of the city clerk and such offices as the city manager designates.

i.

Upon reasonable notice, each owner and agent or representative of any owner shall provide access to each residential unit used as a home stay and any records related to the use and occupancy of the home stay to the city manager at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.

(Ord. No. 708, § 3, 4-24-2017)

The city shall consider the information included in a complete application in order to determine whether the issuance of a home stay license is consistent with the provisions of this chapter. Upon determination by the city that the following criteria have been met, the city shall approve the license:

a.

The city has not revoked a license for home stay use for that residential unit within the prior twenty-four month period;

b.

The premises or residential unit is not currently the subject of an active compliance order or administrative citation for violation of the this code;

c.

An administrative citation has not been issued, regarding a violation on the site, in the past twelve months;

d.

The property owner has demonstrated, through an application filed to the city, the ability to meet the requirements outlined in this chapter.

(Ord. No. 708, § 3, 4-24-2017)

All licenses for home stay uses shall be made on forms furnished by the community development department and shall be issued for one year. Licenses shall be issued for the period of time beginning on July 1st of each year and concluding on June 30th of the following year. Applications made during the year shall be issued for a prorated period to conclude on June 30th.

(Ord. No. 708, § 3, 4-24-2017)

The home stay license issued under this chapter shall be issued to the owner of record of the residential unit and no license may be assigned, transferred or loaned to any other person, entity, location or establishment.

(Ord. No. 708, § 3, 4-24-2017)

The home stay license shall be personal to the applicant/owner and shall automatically expire upon sale or transfer of the premises or residential unit or if not renewed pursuant to Section 14.52.110. The license may be revoked for failure to comply with adopted standards, subject to the administrative and revocation procedures outlined in Section 14.52.130, unless otherwise specified by this chapter.

(Ord. No. 708, § 3, 4-24-2017)

The home stay license shall automatically renew upon payment of the business license tax renewal fee and all required transient occupancy tax remittance documents associated with the home stay license. Nonrenewal prior to the expiration date will result in expiration of the home stay license and will require that a new application be made subject to Section 14.52.050 and all other requirements of this code.

(Ord. No. 708, § 3, 4-24-2017)

a.

Where the owner of a premises or residential unit used and occupied as a home stay pursuant to a home stay license approved and issued in the manner provided by this chapter, fails to remit transient occupancy tax for a period of twenty-four consecutive months or greater, as determined by the city, the home stay license shall be deemed to have automatically expired and shall be forfeited.

b.

Where the owner of a premises or residential unit used and occupied as a home stay pursuant to a license approved and issued in the manner provided by this chapter intends to cease such use and abandon the home stay license for the residential unit, the owner shall promptly cause a notice of cessation to be filed with the city. The home stay license for the unit shall expire immediately upon receipt by the city of the notice of cessation.

(Ord. No. 708, § 3, 4-24-2017)

A home stay license issued under the provisions of this chapter may be revoked by the city manager or his/her designee after notice and hearing, as provided in Section 14.52.140 below, for any of the following reasons:

a.

Fraud, misrepresentation or false statement contained in the application;

b.

Fraud, misrepresentation or false statement made in the course of carrying on a home stay rental as regulated by this chapter;

c.

Any violation of any of the provisions of this chapter or of any other provision of this code; or

d.

Any violation of any provision of federal, state or local laws.

(Ord. No. 708, § 3, 4-24-2017)

Before revoking a home stay license, the city manager or his/her designee shall give the owner reasonable notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the holder of the home stay license will be given a reasonable opportunity to show cause why the home stay license should not be revoked. The notice may be served personally upon the owner or may be mailed, postage prepaid, to the owner, at the last known address or at any address shown upon the application, at least ten days prior to the date of the hearing. Upon conclusion of the hearing, the city manager or his/her designee may, for any of the grounds set forth in Section 14.52.130, revoke the license.

(Ord. No. 708, § 3, 4-24-2017)

Any person whose application has been denied by the city manager or his/her designee or any person who has had a home stay license revoked by the city manager or his/her designee shall have the right to an administrative appeal before the city manager or his/her designee. Any unfavorable decision by the city manager may be appealed in writing, in a form provided by the city, stating the grounds therefor, within ten days of the decision, to the planning commission. The planning commission shall hold a hearing thereon within a reasonable time and the decision of the planning commission shall be final. Appeals shall be filed as outlined in Section 14.78.

(Ord. No. 708, § 3, 4-24-2017)

No application shall be processed and no home stay license shall be issued under the provisions of this chapter unless the applicant has paid, unless exempted, the fees as set forth in the schedule of fees established by resolution of the city council.

(Ord. No. 708, § 3, 4-24-2017)

All violations of this chapter may be filed as either a misdemeanor or infraction, as determined by the city attorney, pursuant to Section 1.08.010.

(Ord. No. 708, § 3, 4-24-2017)

Violations of this chapter shall be punishable as provided under Chapters 1.06 and 1.08 of this code.

(Ord. No. 708, § 3, 4-24-2017)

The requirements of this chapter shall be in addition to any license, permit, or fee required under any other provision of this code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of this code pertaining to the use and occupancy of the home stay unit or the property on which it is located.

(Ord. No. 708, § 3, 4-24-2017)

Any person who has suffered, or alleges to have suffered, damage to person or property because of a violation of this chapter may bring an action for money damages and any other appropriate relief in a court of competent jurisdiction against the party alleged to have violated this chapter. Nothing herein shall be deemed or construed to create any right of action against the city or any of its officers, employees, or agents. The sole purpose and intent of this section is to create a right of action between private parties, entities and interests, which are or may be impacted or affected by various aspects of vacation home rentals within the city.

(Ord. No. 708, § 3, 4-24-2017)

The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The city council may, from time to time, consider modifications to the administrative policies.

(Ord. No. 708, § 3, 4-24-2017)