This article of the Code of the City of Killeen is hereby designated and shall be known and referred to as the "short term rental registration" article of the City Code of Ordinances.

(Ord. No. 23-029, § I, 4-11-23)

The purpose of this article is to safeguard the life, health, safety, welfare, and property of the occupants of residential dwelling units, the neighbors of said occupants, and the general public, through the regulation of short term rental residential property. The intent of this article is to preserve the neighborhood character of residential neighborhoods within the City of Killeen and to minimize adverse impacts to the housing supply caused by the conversion of residential units to tourist or transient use.

(Ord. No. 23-029, § I, 4-11-23)

The requirements in this article shall apply to the owner(s) and/or operator(s) of all existing and future short term rentals, including single-family homes, patio homes, garden homes, townhomes, duplexes, triplexes, fourplexes, multi-family units, and manufactured homes unless expressly provided otherwise herein.

(Ord. No. 23-029, § I, 4-11-23)

(a)

It shall be unlawful for any person or entity to rent, lease, advertise, offer to rent, or otherwise permit or allow any premises to be operated or used without a valid short term rental registration permit issued under this article.

(b)

A permit issued under this article may not be transferred and does not convey with the property upon sale. Each new owner of a permitted or previously permitted dwelling unit must apply for a short term rental permit to rent property under the short term rental guidelines.

(c)

It shall be unlawful for an owner or operator to rent, lease, advertise, or offer a short term rental for a period of less than twenty-four (24) hours.

(d)

Any advertising of a short term rental by the owner or any person or service shall conform to the provisions of this article and the property's approval.

(Ord. No. 23-029, § I, 4-11-23)

(a)

A person seeking a short term rental permit shall submit an application to the city. Said application shall be in writing on a form provided by the city and shall, at a minimum, include the following information:

(1)

The physical/street address of the short term rental;

(2)

The name, address, email address(es), phone number(s) and authenticated signature for the owner(s) of the premises and the corporation owner's representative as applicable;

(3)

The name, address, email address and phone number(s) of the operator(s), agent(s) if any, and designated local responsible party as required in section 31-955(e)(2).

(4)

Such certifications deemed necessary and proper to ensure compliance with his article.

(b)

A separate permit application shall be submitted for each individual short term rental and shall be assigned a unique permit number upon permit issuance by the city. A permit is valid for one (1) year from the date of issuance and must be renewed annually. the fee for such permit shall be as prescribed on the city's fee schedule.

(Ord. No. 23-029, § I, 4-11-23)

(a)

Life safety inspection. Prior to issuance of a short term rental permit, the operator shall allow, with reasonable notice, an on-site inspection of the short term rental by the city to ensure compliance with minimum health and safety requirements and to determine compliance with this article as well as other applicable city codes.

(1)

This includes, but is not limited to, carbon monoxide detectors, smoke detectors, fire extinguishers per floor, emergency evacuation plan posted, no parking on unimproved surfaces.

(2)

If, upon completion of an inspection, the premises are found to be in violation of one (1) or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy.

(3)

If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access, may be inspected.

(b)

Hotel occupancy tax. It is a condition of the initial and continued validity of a short term rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes owed to the city under the Texas Tax Code.

(c)

Fees. The applicant shall pay a nonrefundable application fee upon submission of a short term rental application to the city established by the fee schedule. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee, as prescribed in the city's adopted fee schedule.

(d)

Personal injury liability insurance. Each owner/operator shall maintain a minimum of five hundred thousand dollars ($500,000.00) in liability insurance, including personal injury liability insurance, on the short term rental for the full duration of their permit term and provide proof of insurance to the city.

(e)

Notice of instructions. Each owner/operator of a short term rental shall provide a notice of instructions (also known as "host rules") to occupants staying at the premises. The notice shall instruct the occupants as to all applicable city regulations pertaining to short term rentals. These include, but are not limited to:

(1)

Owner/operator's 24-hour contact information;

(2)

A local responsible party's 24-hour contact information, who is able to be on site within sixty (60) minutes to address any complaints, if the owner/operator is not within the city limits when guests are renting the premises;

(3)

Pertinent neighborhood information including but not limited to parking restrictions, noise and amplified sound restrictions, trash collection schedules;

(4)

Information to assist guests in case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical service providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates; and

(5)

Notification that guests are responsible for compliance with all applicable laws, rules, and regulations pertaining to the use of the short term rental, and that guests may be fined by the city for violations of this division.

(f)

Notice of approval. Within ten (10) days of approval of the short term rental application, the city shall send written notice to all property owners within two-hundred (200) feet of the short term rental informing them of the use of the property as an approved short term rental. This notice will include the owner/operator's 24-hour contact information and information about short term rental regulations. It shall also include contact information and phone numbers for the city's police department and code enforcement division.

(Ord. No. 23-029, § I, 4-11-23)

(a)

Denial of permit. The permit application shall be denied and no permit shall be issued if the city finds that:

(1)

Any statement made in the application is incomplete, inaccurate, misleading, or false;

(2)

The operator, its partners, officers, owners, and other principals have not paid to the city all fees due under this division; or

(3)

The applicant has had a short term rental permit revoked within the preceding year.

(b)

Revocation of permit. The city may revoke a permit for one (1) or more of the following reasons:

(1)

The applicant fails to comply with or is in violation of any provision of the permit, city ordinances, or any other applicable law;

(2)

The application contains a false or misleading statement of material fact;

(3)

The city determines that the rental poses a serious threat to the public health, safety or welfare;

(4)

Three (3) or more confirmed cases of nuisances/citations;

(5)

Failure to pay hotel occupancy tax; or

(6)

Failure to complete the permit renewal process.

(c)

Notice of denial or revocation. The city shall provide written notice within ten (10) days of the denial or revocation of a permit to operator, which shall state the reason(s) for the decision and inform the operator of its right to appeal the decision in writing including when and to whom it must be delivered.

(d)

One-year waiting period. In the event an owner's short term rental registration is revoked and the applicant fails to successfully appeal decision, no second or additional registration shall be issued for a short term rental on the premises for one (1) year of the date such registration was revoked.

(Ord. No. 23-029, § I, 4-11-23)

(a)

Permit expiration. A short term rental registration shall expire on the last day of the month one (1) year after the date of issuance. No short term rental registration may be renewed without a completed renewal application submitted by the owner and payment of the renewal fee. An application for the renewal of a short term rental registration may only be approved by the city if the renewal application satisfies all the conditions of this article and all other applicable City Code provisions, including the zoning ordinance.

(b)

Renewing a permit. An operator may file an application for renewal of the permit beginning thirty (30) days prior to expiration of a current registration. The city may deny the renewal if there is reasonable cause to believe that:

(1)

The applicant has violated any ordinance of the city, or any state, or federal law on the property or has permitted such a violation on the property by any other person; or

(2)

There are grounds for revocation or other sanction as provided in this article.

(c)

Every complete application for a short- term rental renewal registration shall include:

(1)

A list of all owners, operators, and agents (if applicable) of the short term rental and the owner of the premises on which the short term rental is to be operated, including names, addresses and current email addresses and telephone numbers of each such person; if a partnership, the name of all partners and the principal business address and telephone number of each partner; if a corporation, the person registering must state whether it is organized under the laws of the state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the main individual in charge of the local office of such corporation, if any, and the names of all officers and directors or trustees of such corporation, and, if a foreign corporation, the place of incorporation;

(2)

The name, address, email address and 24-hour telephone number of a contact person who is the owner, operator, or owner's designated agent relating to ownership and/or operation of the short term rental, and the designated local responsible party who shall be responsible and authorized to respond to complaints concerning the short term rental within one (1) hour or less;

(3)

An acknowledgement that any registration granted under this article does not supersede any property-specific restrictions against short term rentals that may exist under law, agreement, lease, covenant, or deed restriction;

(4)

A depiction of the floor plan that identifies sleeping areas, evacuation routes and location of all fire extinguishers and smoke detectors;

(5)

The notice of instructions containing the information required by section 31-956(e).

(6)

A sworn statement that the owner has met and will continue to comply with all requirements of this article; and

(7)

Other information as may be required by the city.

(d)

An application for a short term rental renewal registration submitted after the expiration of the most immediate registration for the premises shall be treated as an application for a new registration as described in section 31-955.

(e)

Applications shall not be considered complete until all documentation required under this article is submitted, and until the full application and registration fees have been paid. Incomplete applications will not be accepted.

(Ord. No. 23-029, § I, 4-11-23)

An owner must designate the name and contact information of a local responsible party who can be contacted regarding immediate concerns and complaints from the public or city. Said individual must be available to be reached in person or by phone at all times while occupants are on the premises of a short term rental. If called, a local responsible party must be able to and shall be present at the premises within one (1) hour of call from the city. A local responsible party must be authorized to make decisions regarding the premises and its occupants.

(Ord. No. 23-029, § I, 4-11-23)

Every person owning, operating, managing or controlling a short term rental shall collect the tax imposed in section 27-72 of this City Code for the city and remit the same to the tax assessor-collector on or before the due date, and at the same time file the report required by section 27-74. If any person shall fail to collect the tax imposed in article IV, or shall fail to file a report as required by section 27-74, or shall fail to remit to the tax assessor-collector the tax as imposed in article IV when such report or remittance is due, or shall file a false report, then such person shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 27-76 of this Code.

(Ord. No. 23-029, § I, 4-11-23)

(a)

Suspected criminal activity involving a short term rental, including but not limited to complaints concerning noise and disorderly conduct by guests shall be reported to the police department.

(b)

Complaints related to the operation of a short term rental, including but not limited to complaints concerning trash, parking, and high weeds and grass, shall be reported to the city code enforcement division.

(Ord. No. 23-029, § I, 4-11-23)

(a)

The applicant may appeal a denial of a permit by submitting in writing a notice to appeal, delivered to the city manager's office no later than five (5) business days after the denial or revocation decision.

(b)

The notice of appeal must be in writing and state the grounds for the appeal and why the determination should be reversed or modified. If the applicant makes a timely, written request for appeal, the city manager or designee shall hold a hearing within ten (10) business days. The decision of the city manager or designee is final.

(Ord. No. 23-029, § I, 4-11-23)