Unless otherwise stated, the following general provisions apply to short-term rental units:

A.

No more than one rental is allowed within a period of seven days.

B.

No dwelling unit shall be rented for more than one hundred eighty cumulative days in one calendar year as a short-term rental.

C.

Short-term rental permits will not be issued for more than two short-term rentals units directly adjoining each other on a residentially zoned street. For the purposes of this subsection, "directly adjoining" means sharing a common boundary along a public street frontage, as well as adjoining units in a duplex, multi-family townhomes, patio homes, or multi-family apartments.

D.

Off-street parking shall be provided per Section 17.60.010.

E.

Short-term rental units shall be used exclusively for residential purposes and shall not be used for commercial activities or events, defined as intending to make money, offering goods or services for sale, or any other event or activity that is not residential in nature. An activity "not residential in nature" includes gatherings in excess of three times the number of legally allowed occupants in the short-term rental unit (including renters), unless the activity or event is otherwise permitted by the village.

F.

The total number of persons three years of age and older that may occupy the short-term rental unit is twice the number of bedrooms.

Nothing contained within this chapter shall be construed to abridge the ability of bona fide neighborhood covenants and/or deed restrictions to be more restrictive than the regulations within this section. Such covenants and deed restrictions shall not be enforceable by the village but remain the responsibility of property owners to ensure compliance within the applicable neighborhood. Real estate brokers listing residential property in the Village of Los Lunas shall provide prospective buyers a current copy of this chapter.

(Ord. No. 453, 10-8-2020)

The following provisions shall apply to any owner and/or operator of a property used for a short-term rental.

A.

The owner/operator shall obtain a short-term rental permit and business registration for their property prior to listing as a short-term rental;

B.

The owner/operator shall pay all applicable local, state and federal taxes, including lodgers' tax, gross receipts tax and income taxes;

C.

Should the owner/operator fail to pay all applicable taxes, the owner/operator shall be subject to penalties pursuant to Section 17.54.070—Enforcement;

D.

The owner/operator shall make available to the village for its inspection all records relating to the operation of the short-term rental unit to determine compliance with this chapter;

E.

The owner shall maintain adequate short-term rental insurance coverage for the short-term rental unit. Proof of insurance shall be required at the time the permit is issued and such other times as requested by the community development director.

F.

The owner/operator shall make the following information clearly visible and legible within the short-term rental unit, on or adjacent to the interior of the front door, or within the informational material provided to renters:

1.

A copy of the short-term rental permit;

2.

The name of the owner of the unit, or local contact person, managing agency, agent, or property manager as appropriate, and a telephone number at which that party can be reached on a twenty-four-hour, seven day a week basis;

3.

The maximum number of occupants three years of age and older permitted to stay in the unit;

4.

The maximum number of vehicles allowed to be parked on the property;

5.

The number of on-site parking spaces and any parking rules that may apply;

6.

The specific procedures regarding the disposal of trash and refuse;

7.

A notification that it is the renter's responsibility to comply with the laws of the State of New Mexico and the ordinances of the Village of Los Lunas, including but not limited to Title 8, Health and Safety, and Title 9, Public Peace, Morals and Welfare;

8.

Notice that the noise provisions of the village code will be enforced;

9.

Notice that animal leash laws apply and will be enforced;

10.

The E911 address for the property.

G.

Except in accordance with the Village Sign Code, the owner/operator is prohibited from posting any exterior signage advertising the availability of the property.

H.

Upon the transfer of ownership of a short-term rental unit, the short-term rental permit shall terminate. If the new owner wishes to use the property as a short-term rental unit, a new application shall be submitted to the community development department.

I.

As a condition of the issuance of a short-term rental permit to and owner/operator, the owner/operator consents to the village conducting random inspections of the property, including the dwelling unit, to ensure compliance with this chapter.

(Ord. No. 453, 10-8-2020)

A.

Renters shall park recreational vehicles only in designed areas supplied on the short-term rental property;

B.

Noise or other disturbance outside the short-term rental unit shall not be of such a volume or nature that it violates Chapter 9.08, including decks, courtyards, porches, balconies, or patios;

C.

All renters shall be informed in writing by the owner/operator of the short-term rental that they shall comply with Los Lunas Municipal Code, as provided in Section 17.54.020(F)(7).

(Ord. No. 453, 10-8-2020)

All short-term rentals operating within the village require an annual permit, which must be submitted on or before March 15 each calendar year. Renewals submitted after March 15 shall be subject to a late fee, per Section 17.54.080. Permits not renewed by June 30 shall expire.

A.

A valid permit number shall be included in all advertising of the short-term rental, including listings on web-based sites.

B.

Permits shall specify the maximum number of vehicles and maximum number of occupants.

C.

Permits shall not be transferable to another person or property.

(Ord. No. 453, 10-8-2020)

A.

An application for a short-term rental permit shall include the following:

1.

A complete application form, to include the name and phone number of the owner/operator who is available twenty-four hours per day, seven days per week to respond to complaints regarding the operation or occupancy of the short-term rental unit.

2.

A statement signed by the owner/operator that the short-term rental shall be operated in compliance with this subsection and all other applicable village codes.

3.

A certificate of occupancy.

4.

Payment of all required fees, in accordance with Section 17.54.080.

5.

For initial applications, proof of all required inspections and proof of adequate short-term rental insurance coverage.

6.

For renewal applications, a statement of compliance with all applicable fire, health and safety requirements.

B.

The community development director or designee thereof shall be authorized to approve short-term rental permits administratively.

C.

Short-term rentals shall require a business registration in addition to a short-term rental permit, which can be submitted and renewed concurrently.

D.

An owner of an expired permit may submit a new application for a short-term rental permit to the community development director in accordance with this section.

(Ord. No. 453, 10-8-2020)

The village shall document all alleged violations of this chapter, and pursue enforcement as set forth in Section 17.54.070—Enforcement. Violations of this chapter shall include:

A.

Operating a dwelling unit as a short-term rental without a permit;

B.

Knowingly assisting an owner of property in advertising or renting a dwelling unit as a short-term rental, when said property does not have a permit;

C.

Failure to pay all applicable fees and taxes associated with the short-term rental, including lodgers' tax;

D.

Three or more violations of village ordinances by the owner/operator or renter relating to or occurring at a dwelling unit operating as a short-term rental resulting in the issuance of a citation from the village to the owner/operator or a renter within a period of thirty-six months;

E.

Two or more violations of village ordinances by the owner/operator or renter relating to or occurring at a dwelling unit operating as a short-term rental resulting in convictions of the owner/operator or renter in Los Lunas Municipal Court within a period of twelve months;

F.

Any conduct by a renter of a dwelling unit operating as a short-term rental that results in citation for noise violations, disorderly conduct, or any criminal complaint during the rental period;

G.

Outstanding nuisance, building code or fire code violations relating to a dwelling unit operating as a short-term rental;

H.

An owner/operator refusing to permit the village to conduct random inspections of a short-term rental in accordance with Section 17.54.020(I).

(Ord. No. 453, 10-8-2020)

Violations of this chapter shall be subject to enforcement, as described herein:

A.

Except as provided in Section 17.54.070(B)(1) herein, the village shall give the owner/operator of a short-term rental a written notice of the violation, which shall be mailed either to the owner's local, business, or agent's address, informing the owner of the violation.

1.

Renters who violate any village ordinance may also subject, as set forth in this chapter, the owner/operator to enforcement action by the village.

B.

The owner/operator shall correct the violation within 15 days or shall receive a citation to Los Lunas Municipal Court.

1.

Violations that endanger public health, safety and welfare of village residents or violations of Title 8 and Title 9 of village ordinances will not require a fifteen-day notice period, and may result in the immediate issuance of a citation to the owner/operator.

C.

An owner/operator who is convicted of a violation of this chapter or other applicable village ordinances relating to or occurring at a dwelling unit operating as a short-term rental, or whose renter is convicted of a violation of this chapter or other applicable village ordinances relating to or occurring at a dwelling unit operating as a short-term rental, shall be subject to penalties as described below:

1.

Upon conviction of a first violation, the village shall revoke the short-term rental permit for a period of twelve months and operation of the short-term rental shall cease within thirty days;

2.

Assess a fine not to exceed five hundred dollars;

3.

Each day after the initial written notice of violation is a separate violation subjecting the owner/operator to the issuance of additional citations for violations of this chapter and other applicable village ordinances; and

4.

If the village is awarded a money judgment following a court hearing and defendant does not make timely payments to the village, the village may bring an action in lien or equity for the collection of any amounts due.

D.

An agent who knowingly aids or abets an owner/operator in advertising or renting a dwelling unit as a short-term rental unit that is not permitted under this chapter is subject to the issuance of a citation for violating this chapter and the agent's business license is subject to revocation.

E.

Should a short-term rental permit be revoked, the owner/operator may reapply for a new permit after the twelve-month period has concluded and after the payment of all applicable fees.

F.

The community development director shall establish administrative procedures necessary to implement, manage and enforce this section.

(Ord. No. 453, 10-8-2020)

The following fees shall apply:

A.

Initial application fee: $100.00.

B.

Reinspection fee, which shall apply to properties not found compliant at initial inspection within thirty days of permit issuance: $40.00.

C.

Annual permit fee: $50.00.

1.

Annual permit fee shall not be prorated for portion of the year.

D.

Late application fee: $50.00.

E.

Additional business registration fee applies.

(Ord. No. 453, 10-8-2020)