The following words and phrases shall have the definitions and meanings set forth below. If any words or phrases are defined elsewhere in this code, and there is a contradiction as to their meaning, the definitions set forth in this section shall control the Vacation Rental Ordinance.

APPLICATION: The application for a Vacation Rental License, shall be a form, approved by the City Recorder.

CITY: Escalante City, Utah.

COMPLETE APPLICATION: an Application that has satisfied all of the submittal requirements set forth in this Vacation Rental Ordinance and otherwise complies with all of the criteria required for the issuance of a Vacation Rental License.

FLOOR PLAN: a level-by-level plan of the Rental Property with labeling of all enclosed spaces within the structure and dimensions, including without limitation, all sleeping areas.

GARFIELD COUNTY: Garfield County, Utah.

OWNER(S): the record titled owner(s) of the residence for which a Vacation Rental License is sought or has been issued. The Owner(s) may be a person, or any form of business entity recognized by the State of Utah. If the Owner(s) is a form of business entity, the business entity shall maintain current registration with the Utah Department of Commerce

PARKING: There shall be one parking space for each guest room which shall be constructed according to Escalante City standards.

PROPERTY or VACATION RENTAL PROPERTY: All such residences or dwelling units used for Vacation Rental purposes.

PROPERTY MANAGEMENT COMPANY: The Owner's agent for renting the Property, if any.

RECORDER: The Escalante City Recorder or deputy Recorder.

SIGNAGE: One (1) Premises identification sign, not to exceed eight (8) square feet in sign area.

SLEEPING AREA: The number of guests per Vacation Rental shall be limited to two (2) guests per bedroom plus two (2) guests and to a maximum of no more than ten (10) guests per vacation rental at any time.

USE WITH CRITERIA: The land use approval process contained in the City’s Municipal Code; provided, however, if there are any conflicts, contradictions, or differences between the process and requirements set out in the Municipal Code and the process and requirements set out in this Vacation Rental Ordinance, the terms and conditions in the Vacation Rental Ordinance shall control.

VALID OBJECTION: An objection based on:

1. The Owner's objective failure to file a Complete Application; or
2. The Owner's failure to meet any of the required criteria for the issuance of a Vacation Rental License.

VACATION RENTAL: The rental of a pre-existing single-family residence which is periodically provided to the vacationing public in its entirety for compensation. The length of stay shall be less than thirty (30) days to a single person.

Vacation Rentals shall be allowed in all zones.

The following information and documentation shall accompany the application and be provided to the City Recorder:

1. Completed Application
2. Proof of Ownership
3. Site Plan, including the parking area
4. Vacation Rental Inspection Checklist
5. Proof of valid insurance
   
6. Proof of valid liability insurance for the following:
   1. Owner
   2. Property management company/or any other entity
   3. Contact person
7. Floor plan 
8. Zone designation and street address
9. Copies of currently valid State Sales Tax Certificate in the name of the Owner(s) or the Property Management Company 
10. The name, address, and contact information including a 24-hour contact phone number for the person at the Property Management Company managing the Property; or, if there is no Property Management Company, the name, address and contact information, including a 24-hour contact phone number, of a person living with 15 minutes of the property(s), who may be the Owner or Owner’s Agent, and who can be contacted in the event of an emergency.
11. A signed acknowledgement on the application, that the Owner(s), Property Management Company, and/or Owner’s agent, if any, have read all of the City’s regulations pertaining to the operation of a Vacation Rental 
12. The Owner(s) shall sign the application certifying the accuracy of the information submitted and agreeing to comply with all regulations. If there is a Property Management Company or other agent of the Owner managing the Vacation Rental, the agent or an authorized officer of the Property Management Company, or both, shall also sign the application certifying the accuracy of the information submitted and agreeing to comply with all regulations.

1. Vacation Rental must comply with all applicable local and state building, health, fire, safety and maintenance codes;
2. Vacation Rental shall have Smoke Detectors, Carbon Monoxide Detectors and a Fire Extinguisher;
   
3. Vacation Rental shall have a clearly visible and legible notice within the unit, on or adjacent to the front door, containing the following information:
   1. The name of the Property Management Company, agent, and/or Property Owner(s), living within 15 minutes of the property the contact person’s telephone number who may be reached on a 24-hour basis; 
   2. The maximum number of occupants permitted by the license; 
   3. The maximum number of vehicles permitted on the property and that all vehicles must be parked on or in front of the Property; 
   4. A detailed fire escape plan;
   5. The location of the Fire Extinguisher;
      
4. The number and location of all on-site parking spaces and the parking rules.
5. The trash pick-up day and notification of all rules and regulations regarding trash removal, including without limitation, when trash may be left out and that animal-proof containers shall be used for all trash;
6. Exterior Sign containing Street Address.
   1. All signs shall be flat wall or free standing signs.
   2. No sign shall be revolving.
   3. No sign shall be internally lighted.
      
      

1. Occupancy beyond the specified number allowed in the License,
2. Parking of vehicles not in compliance.
3. Outdoor sleeping of individual(s), which exceeds the occupancy permitted.
   1. Use of Recreational Coach.
      
4. Create noises that by reason of time, nature, intensity or duration are out of character with noises customarily heard in the surrounding residential neighborhood.
5. Disturb the peace of surrounding residential property residents by engaging in shouting, fighting, playing of loud music, racing of cars or recreational vehicles on streets, engaging in outside recreational activities after 10 p.m., or other similar activities.
6. Interfere with the privacy of surrounding residents or trespass onto surrounding residential properties.
7. Allow pets or animals to create noise, roam the streets, trespass on neighboring properties, or create a mess that is not cleaned up by the owner or custodian of the pet or animal.
8. Engage in any disorderly or illegal conduct, including illegal consumption of drugs and/or alcohol.

The short-term rental property authorized by this ordinance must be managed properly. As a condition of holding a valid Vacation Rental License, the licensee agrees to provide or arrange to provide for adequate maintenance. The minimum services required, and management regulations include:

1. Structural maintenance to preserve substantial code compliance as described herein. 
2. Routine upkeep, including painting and repair to a level that is consistent with the level of maintenance of adjoining or nearby properties.
3. Trash collection which insures that trash containers are not left at the curb for any period in excess of twenty-four (24) hours and the property must be kept free of all accumulated garbage, refuse, and weeds. All large boxes must be collapsed, and trash bagged and placed in the appropriate receptacles.
4. There shall be no architectural modifications to the exterior that changes the residential character or appearance of a dwelling; and
5. All modifications shall be in accordance with the adopted City building code.

If the City has reasonable grounds to believe that prohibited activities are occurring at the Property, the City may require an inspection of the Property without advanced notice to the Owner(s), Property Management Company, agent, or local contact person of the Owner(s).

Upon the discovery of an immediate health hazard to renters, the City Council can suspend the Vacation Rental License until the hazard is remedied and the property has been inspected. Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the city otherwise, the act, conduct or offense prohibited or required shall be within the boundaries of this City. (ECC 4.20, Noises Disturbances)

Any persons, firm or corporations (as principal, agent, employee or otherwise) violating, causing, or permitting violation of the provisions of this Ordinance shall be guilty of a class B misdemeanor, and punishable as provided by law. Such person, firm, or corporation intentionally violating this Ordinance shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Ordinance is permitted or continued by such person, firm, or corporation.

Code Enforcement comprised of three (3) departments: Escalante City Council, Garfield County Building Department and Garfield County Sheriff’s Office; all play an important role in providing a safe and healthy community. Written notification is required for violations regarding zoning, parking, occupancy, nuisances, etc. and shall be addressed to the Escalante City Council; written notification should include:

1. Address of violation
2. Detailed description of violation
3. Photographs, diagrams, etc. (desirable, but not required)
4. Complainant name and phone number (all information is kept strictly confidential and is only used to contact complainant for additional details).

Upon receipt of a complaint a general investigation will be within 48 hours. Notification regarding violations of noise, trespassing, illegal conduct including drugs and/or alcohol shall be made to the Garfield County Sheriff’s office.

Any business license shall be revoked by the Escalante City Council upon violation of any requirements of this chapter, or upon failure to comply with any of the conditions or limitations of the license, unless such violation is corrected within three (3) days of receipt of written notice thereof. A Vacation Rental business license permit may be revoked for three (3) repeated violations of the requirements of this chapter, notwithstanding compliance to the violation notice.

To operate as a Vacation Rental, the Property Owner or Owner’s Agent shall file an Application with the City Recorder. An Owner’s failure to meet the requirements of ECC 3.04, prior to renting shall be subject to the penalties as referred to in ECC 3.04.150.

Upon the approval of the Vacation Rental Application the Vacation Rental must be operational within ninety (90) days or the application will be void.

Upon receiving a Business License the Vacation Rental must be operational or the Business License will be revoked.

The total number of Vacation Rental Business licenses issued within the City of Escalante shall be limited in accordance with the following:

1. Excluding commercial/residential district (R/C), the total number of Vacation Rental Business Licenses issued to permitted single family zones shall be limited in accordance with the following:
   1. Seven percent (7%) of total residences within the residential zones. 
2. The total number of licenses available each year shall be recalculated February 1st based on an estimated number of residences within the residential zones.
3. If a complete application meeting all other requirements for licensure is received after the maximum number of licenses has been issued, the application shall be placed on a waiting list in the order of the date of receipt of a completed application. No fees will be due until a license becomes available. 
4. In the event of a sale or other transfer of any property containing a dwelling licensed as a vacation rental, the purchaser or transferee of the property shall be required to apply for a new license within sixty (60) days of the date of purchase or transfer. In the event that the purchaser or transferee fails to apply for a new license within said sixty (60) days, the license will be forfeited, and the owner(s) must re-apply for any available license or be placed on the waiting list. 
5. The owner(s) of a single-family dwelling in a residential zone which has a vacation rental business license shall not obtain another business license to operate another vacation rental within a residential zone. For purposes of this paragraph, “owner(s)” means any individual, corporation, partnership, limited liability company, trust or other entity which has a legal or equitable ownership interest in the single family dwelling, or any individual who has an ownership interest in any corporation, partnership, limited liability company, trust or other entity which has a legal or equitable ownership interest in the single family dwelling.

The License shall be issued by the City Recorder, provided that:

1. The City Recorder has reviewed the application, and if necessary has interviewed the applicant/owner and set requirements as stipulated by this ordinance for issuing the license, and; 
2. The City Recorder has reviewed all Valid Objections, and: 
3. The Applicant/owner has addressed and corrected any violations, listed in the objection, as stipulated by this ordinance, or 
4. The City Recorder finds that the objection is not valid as stipulated by this ordinance. 
5. All conditions of the license approval, by the City Recorder, have been completed by the applicant or owner.

The application fee and annual renewal fee shall be set by resolution and will be used to offset the cost to the City to process, administer, and monitor the operation of Vacation Rentals.

The License shall be valid for up to one year and may be renewed annually beginning January 1st of each year. The License may be renewed upon the payment of the annual renewal fee unless there is a substantial change to the information contained in the application.

The Owner shall amend the Application at any time there is a change in circumstances that would require an update to the information submitted by the Owner or Property Manager. By way of example, and not limitation, a change in circumstance would be: a change of ownership of the Property, any modification to the physical premises, including any changes to the Floor Plan, Site Plan, any change of the Property Management Company; or any change in the 24-hour contact information.

Any Person violating the provisions of this Chapter by operating a Vacation Rental without a valid License shall be in violation, which may result in the imposition of a civil fine, which fine is set by resolution of the City Council.