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Mission City Zoning Code

ARTICLE IX

- BUSINESS PERMIT

Section 1.48. - Business permit required.

The provisions of this section shall be administered by the planning director under the direction of the city council in accordance with the provisions of the city Charter.

No person shall construct any building or make any use of any existing building or premises as a place of business or for the practice of any profession or calling or vocation without obtaining from the City of Mission a license to do so. Said license shall contain the name of the licensee, description of the property, and the use to be made of the same, and shall not be transferable. It shall contain such other information as shall be prescribed by the city authorities. The fee for said license shall be $25.00, except that a license fee of only $1.00 shall be charged when obtained as part of a building permit.

All applications for building and permits shall be accompanied by legible plans and specifications for the building to be erected and/or used. The plans shall be drawn to scale and shall include a plan which discloses the actual dimensions of the lot upon which the proposed building is to be erected, the position of the proposed building upon the lot, its intended use and such other information as the planning director may require for the proper enforcement of this section. Upon receipt of an application for a building permit, use permit and/or business permit, the city's staff shall, as soon as practicable, check the plans and specifications carefully for compliance with the terms of all applicable codes and ordinances.

In case the plans and specifications submitted do not comply with terms of the building codes, or the terms of this section, it shall he the duty of the building inspector to deny the application for the building and use permits.

The applicant whose request has been denied may, as set forth in section 1.16, refer his application to the board of adjustments for consideration and the said board may grant his request. In case the applicant wishes to appeal his case to said board, it shall be the duty of the planning director to issue a certificate necessary to complete the appeal.

(Ord. No. 1490, § 5, 4-10-1989; Ord. No. 1661, § 2, 3-23-1992)

Sec. 1.48A. - Short term rentals.

1.

The purpose of this article is to establish regulations for the use of residential single-family dwelling units ("dwelling units" herein) as short-term rentals and to ensure the collection and payment of hotel/motel occupancy taxes.

2.

For purposes of this article a short-term rental (STR), is defined as a residential dwelling, including a single-family residence, apartment, residential condominium unit, or other residential real estate improvement, in which the public may obtain sleeping accommodations in exchange for compensation for a period of less than 30 consecutive days. The term applies regardless of whether the dwelling was originally constructed or zoned as a residential dwelling.

3.

For purposes of this article, an owner shall designate the owner, or an agent or a representative to comply with the requirements of this section on behalf of the owner. The owner or designated agent or representative is referred to as "operator" herein.

4.

The owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the residential dwelling unit as a short-term rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term rental unit or their guests.

5.

This article is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term rental purposes as defined in this section.

(Ord. No. 5079, 9-13-2021)

Sec. 1.48B. - Registration.

1.

The owner/operator who offers for rent or advertises for rent (in any manner) a short-term rental of a dwelling unit shall obtain a short-term rental registration and any other required documents from the City of Mission located at 1201 E. 8th Street, Mission, TX 78572. The city secretary may be contacted at phone number 956-580-8721 for additional information.

2.

The owner/operator must submit and comply with the following information on a short-term rental registration form:

a.

The name, address, email and telephone number of the owner/operator of the subject short-term rental unit;

b.

The name, address, email and 24-hour telephone number of the local contact person. The local contact person is the person designated by the owner or the operator who shall be available 24 hours per day, seven days per week and shall respond in person within one hour (with the signed rental contract in hand) to complaints from a city official regarding the condition, operation, or conduct of occupants of the short-term rental unit; and take remedial action to resolve any such complaints;

c.

The name and address of the proposed short-term rental unit;

d.

The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit;

e.

The property ID number as listed on the Hidalgo County Appraisal District; and

f.

Such other information as the city manager, or designee, deems reasonably necessary to administer this section.

3.

If any information on the registration form changes, the owner/operator must modify that information within 30 days.

4.

Registration fee.

a.

The short-term rental registration form shall be accompanied by a registration fee as established by the City Council.

(1)

The rental registration fee shall be $50.00 (per rental unit).

(2)

The registration fee is waived for those properties that have been properly remitting hotel occupancy tax.

b.

A registration is valid from the date the completed registration is filed with the city and payment of the registration fee (if applicable) has been made, and is transferrable if the ownership of the short-term rental changes.

c.

Each property shall be issued a registration number.

5.

The registration number must appear on any advertisement of the property available for short term rental.

(Ord. No. 5079, 9-13-2021)

Sec. 1.48C. - Compliance—Penalty provision.

1.

The owner or operator shall comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including, but not limited to, Health & Sanitation Code Article VI, "Noise," and Taxation Code Article V, "Hotel Occupancy Tax" of the City of Mission Code of Ordinances. Pursuant to section 102-134 of the city Code, the owner/operator is the person responsible for collecting the tax due on the occupancies and their share, remit the tax to the city on or before the last day of the month following each quarterly period, even if the short-term rental unit was not rented during any such month. Failure to collect and remit said tax will by notice disqualify owner/operator from future short-term rental permits.

2.

If any person required by the provisions of this article, fails to collect such tax, file such report, or pay such tax to the finance department, or if any such person shall violate any of the provisions of this article, such person shall be deemed guilty of a criminal misdemeanor offense and, upon conviction, be punished by a fine not to exceed $500.00 and shall pay to the city the tax due, together with a penalty of five percent of the tax due, which taxes shall draw interest at the rate of ten percent per annum beginning 30 days after the due date.

(Ord. No. 5079, 9-13-2021)