For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Accessory dwelling unit” means a dwelling that has been added onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, eating, sanitation, and sleeping.

“Camping lot” refers to a vacant, undeveloped or semi-developed lot utilized for temporary housing via a recreation vehicle per Chapter 15.12.

“City” refers to the city of Ocean Shores, Washington.

“Condominium dwelling” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions.

“Dwelling” means a building designed and permitted exclusively for residential purposes, including one-family, two-family, and multiple dwellings.

“Good neighbor policy” is a set of guidelines provided by the city, outlining an occupant’s obligation to abide by city ordinances relating to but not limited to noise, pets, etc. This policy must be conspicuously displayed in the dwelling.

“Guest room” means a room which is designed to be used by one or more guests, but in which no provision is made for cooking, and not including rooms in dormitories used for sleeping purposes.

“Neighboring property owners” means the owners of property or lawful lessees surrounding the immediate property lines and across any rights-of-way.

“Nonconforming use” means a use which was lawfully established and maintained, but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located as defined by this title.

“Occupancy” means the maximum occupancy allowed for a short-term rental based on certificate of occupancy issued by the city and as offered by the owner of the property.

“OSMC” refers to the Ocean Shores Municipal Code.

“Owner” refers to the people or persons, partnership, corporation, association or other legally recognized person(s) or entity holding the title to the dwelling in accordance with the law.

“Short-term rental” means a rental of thirty calendar days or less and refers to the use of an eligible dwelling to be occupied by authorized person(s).

“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 1148 § 1, 2025)

The purpose of this chapter is to establish regulations on short-term rentals that reduce impacts on other city residents, neighbors, and for the protection of public health and welfare as well as preserve the character of residential neighborhoods. (Ord. 1148 § 1, 2025)

A short-term rental is permitted only in B-1 and B-2 zones. (Ord. 1148 § 1, 2025)

A.    Where a single parcel of property contains a combination of any of the following: single-family dwelling, guest room, or accessory dwelling unit, only one dwelling unit per parcel shall be eligible to operate as a short-term rental within each legal parcel. However, this limitation shall not apply to condominium dwellings.

B.    Camping lots or undeveloped/semi-developed lots as defined in Chapter 15.12 are prohibited from operation as a short-term rental.

(Ord. 1148 § 1, 2025)

A.    Permit Application Required. No person shall offer a short-term rental available for rent without first obtaining a short-term rental permit and providing proof of liability insurance. To “offer” includes advertising or solicitation through any media, whether written, electronic, web-based, digital, mobile, or otherwise, to solicit or electronically or verbally offer.

B.    Permit Application Fees. The application fee must be remitted upon submission of the permit application. The application fee includes the initial city inspection fee. A separate fee is applicable for any reinspection, or an inspection requested independently from an application. The city council shall establish application and inspection fees by resolution. All application and inspection fees are nonrefundable.

C.    City Application Review. The city will review the application for completeness and notify the applicant of any incomplete items within forty-five days. The applicant will then have thirty days to submit any missing items; if the applicant fails to do so the application will expire and be withdrawn.

D.    Inspections Required. Upon determination that the application is complete, the city will review the application and the associated dwelling and/or property for compliance with the standards in this chapter, compliance with the city’s adopted building and fire codes and all applicable laws and regulations. If the applicant fails to pass a building and fire safety inspection, the application will be withdrawn after the third reinspection.

E.    Permit and City Business License Required. Before a short-term rental can begin operations, a city business license must be issued and the short-term rental permit approved.

F.    Withdrawn Applications. If the application was withdrawn for any of the reasons identified in this section, the applicant must reapply and pay the application fee.

(Ord. 1148 § 1, 2025)

A.    Occupancy. The maximum number of overnight occupants cannot be advertised to exceed the permitted occupancy on the certificate of occupancy as granted by the building official or designee. Overnight occupancy limits cannot be increased by mitigation through a conditional use process.

B.    Insurance. Current proof of liability insurance coverage.

C.    Parking. Short-term rentals shall follow parking requirements in Chapter 17.54. A minimum of one on-site parking space must be provided per every four guests.

D.    Signage. Short-term rentals may elect to place signage on the dwelling. Signage is limited to two square feet, nonilluminated, name plate or plaque pursuant to Chapter 15.34.

E.    Solid Waste and Recyclables Collection. Weekly garbage collection is required during all months for all short-term rental properties. Recyclables must be collected on a minimum biweekly basis. Garbage and recyclables shall be separated into appropriately designated containers provided by the franchised hauler and must not be visible from public view except during designated collection days. All garbage containers are required to have a bear/wildlife lock installed, as provided by the franchised hauler. Unlawful accumulations are deemed a nuisance and subject to fines pursuant to Chapter 8.06.

F.    Local Property Representative. The property owner must designate a local property representative who shall be available twenty-four hours a day to respond within two hours to any complaints regarding the condition, operation, or conduct of occupants and to take remedial action to resolve any such complaints. Designated entity information must be posted on site inside the dwelling unit.

Short-term rental owners are required to keep up-to-date contact information for the local property representative with the city and neighboring property owners. Notice of a change in the local property representative shall immediately be provided in writing to the city and neighboring property owners.

An owner, if residing within one hour of the property, may act as their own local property representative.

G.    Information Signage. Signage shall be posted conspicuously inside the dwelling to provide the following information to all renters:

1.    City issued permit for short-term rental operation;

2.    Property’s street address;

3.    Maximum occupancy;

4.    Noise and use restrictions;

5.    Location of off-street parking;

6.    Contact information for the local property representative and/or property owners;

7.    Tsunami evacuation routes;

8.    Property evacuation maps;

9.    Trash and recycling requirements;

10.    Prohibition of the use or possession of fireworks; if renting on the 4th of July, all ordinances surrounding the use of fireworks must be made available;

11.    Notice of any current fire bans in Grays Harbor County;

12.    For any legal nonconforming dwellings that have been granted permission to operate as a short-term rental, notice of no fire suppression system must be made via a notice posted on the dwelling; and

13.    The city of Ocean Shores’ good neighbor policy must be provided to all renters and posted on all advertisements indicating that the renter is responsible for complying with the OSMC and that the renter and owner may be cited or fined by the city for violating any provisions of the Ocean Shores Municipal Code.

H.    Restrictions. A renter may not utilize the short-term rental for a purpose not incidental for its use for lodging or sleeping purposes.

I.    Inspections. All short-term rentals are required to be available for inspection by the city’s fire marshal and building official, or designees, annually and subject to all applicable fees. Property owners or local property representatives must provide access to the premises for inspections.

J.    Advertisements. The short-term rental permit number and good neighbor policy verbiage shall be included on all advertisements for the nightly rental of the property.

K.    Owners. The permit application must include all names, mailing address, email addresses, and telephone numbers of all persons holding an ownership interest in the property or holding an ownership interest in the entity that owns the property.

L.    Code Compliance. A short-term rental shall remain in substantial compliance with the city’s adopted building and fire codes, applicable state laws, and the Ocean Shores Municipal Code and ordinances.

(Ord. 1148 § 1, 2025)

The applicant is required to obtain a city business license pursuant to Chapter 5.02 before their short-term rental permit is approved and prior to any rental of the property and must be maintained annually for continued operation. A city business license is required per property or unit. Failure to maintain an active business license is subject to fines pursuant to Chapter 5.02 and this chapter.

All businesses in Ocean Shores are subject to taxations pursuant to Title 3, and all applicable law. (Ord. 1148 § 1, 2025)

A.    Continued Compliance. A city approved short-term rental shall be in compliance with the standards of this chapter.

B.    Annual Renewal. A short-term rental permit may be renewed if the owner or local property representative meets the renewal requirements, which include:

1.    Paying the renewal fee;

2.    Passing an annual building and fire safety inspection;

3.    Providing current proof of liability insurance;

4.    Being in substantial compliance with the provisions of the OSMC and having no active code enforcement compliance cases involving the property;

5.    Providing written confirmation that all complaints related to the operation of the short-term rental during the preceding twelve months were resolved;

6.    Verification that all required taxes have been paid to the Washington State Department of Revenue and the city; and

7.    Documenting and describing any changes that have occurred at the property or information since the initial application.

C.    All short-term rental properties or dwellings must have an approved renewal permit to operate.

(Ord. 1148 § 1, 2025)

A short-term rental permit is specific to a particular owner and property and is nontransferable and void upon the subject property transferring ownership.

New property owners will be required to obtain their own permit in order to operate a short-term rental but will not be subject to the waiting period in Section 17.49.050(C).

No new bookings for the property shall be allowed until a short-term rental permit for the new legal owner is obtained. (Ord. 1148 § 1, 2025)

If the city denies an application for a short-term rental permit, such decision is appealable to the city hearing examiner pursuant to Chapter 17.58. Properties that have been denied due to the property not being in a B-1 or B-2 zone will not be permitted to use the appeals process. (Ord. 1148 § 1, 2025)

A.    Civil Penalty. In addition to any other enforcement actions available to the city, if the code enforcement official determines that a violation has not been corrected pursuant to Section 8.32.070 within the time specified in the notice of violation or recurs within sixty calendar days of remediation of the same violation, they are authorized to impose a civil penalty against the property owner on whose property the violation exists, and/or the person in possession of the property, and/or the person otherwise causing or responsible for the violation. The penalty shall be up to five hundred dollars for the first day and one hundred dollars per day for each additional full day the violation continues. In the event a violation is remediated but recurs within sixty calendar days, the city may impose a penalty that is double that of the above listed penalty amounts. Each day on which a violation or recurrence thereof continues shall constitute a separate violation. If unpaid within fourteen calendar days of becoming effective, each penalty shall constitute a lien against the property of equal rank with state, county, and municipal taxes.

B.    Notice of Penalty. The penalty shall be imposed by serving a notice of penalty. Service of the notice shall be made upon all persons identified in the notice either personally or by mailing a copy of such order by regular mail, postage prepaid. If an address for mailed service cannot be ascertained, service shall be accomplished by posting a copy of the notice conspicuously on the affected property or structure. The initial penalty shall be effective and the recurring daily penalty shall commence on the date service is effective. Service by regular mail shall be effective five calendar days after the date of postmark, unless U.S. postal records show actual receipt prior to that date. If service is by personal service, service shall be deemed effective immediately. If service is made by posting, service shall be effective on the third day following the day the notice is posted. Recurring penalties shall become effective every twenty-four hours after midnight of the effective date of the initial penalty if the violation is not corrected.

The notice shall contain all the information required to be placed in a notice to correct violation, under Section 8.32.070, and in addition the following:

1.    The amount of the initial penalty and the amount of the per day penalty for each day the violation(s) continues, and, if applicable, the conditions on which assessment of such civil penalty is contingent;

2.    Penalty remittal address;

3.    A statement that the recurring penalty accrues each day automatically, without further notice;

4.    The procedure for appealing the penalty, as described in this chapter; and

5.    That if the penalties are unpaid within ten calendar days of when they become effective, they shall become a lien on the property that shall be of equal rank with state, county and municipal taxes.

C.    Withdrawal. The code enforcement officer may withdraw a notice of penalty if compliance is achieved, as determined by the officer, within fourteen calendar days of the service date of the notice. The officer shall not withdraw a notice of penalty if it is the second notice issued by the officer to the same person for the same or similar violation committed within six months.

D.    Continued Duty to Correct. Payment of a penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement officer. Correction of the violation does not relieve a person of the obligation to pay the penalty assessed, unless dismissed, withdrawn, or modified by the hearing examiner or the code enforcement officer.

E.    Appeal of Notice of Penalty.

1.    An assessed civil penalty may be appealed to the city hearing examiner within twenty calendar days of the penalty’s effective date, as set forth in Chapter 17.58. After the twenty-day period, penalties shall be final and binding. The hearing examiner may grant an extension of time for filing an appeal if the person establishes that they did not receive the notice of penalty due to good cause. The burden of proving such good cause circumstances is on the person making the claim.

2.    The person appealing may appeal either the determination that a violation exists or the amount of the civil penalty imposed, or both. The person appealing may appeal all penalties that are not final and binding. The hearing examiner has the authority to affirm, dismiss, or modify the civil penalty. The city shall have the burden of proving by a preponderance of the evidence the commission of a violation. If the hearing examiner finds that a violation was not committed at the time the notice of penalty was issued, the examiner shall dismiss all penalties before them that were imposed for the alleged violation and the city shall dismiss all additional penalties, whether effective or final, that were imposed for the alleged violation.

3.    The civil penalties for a continuing violation shall not continue to accrue pending determination of the appeal; however, the hearing examiner may impose a daily monetary penalty, to a maximum of one hundred dollars per day, from the date of service of the notice of penalty if the hearing examiner finds that the appeal is frivolous or intended solely to delay compliance. An appeal does not lift or stay a notice to correct violation.

4.    A person is precluded from appealing a penalty if the hearing examiner finds that it has determined in a prior appeal all the issues of fact and law raised by the person appealing.

5.    At their discretion, the hearing examiner may consolidate appeals of penalties imposed on the same property for the same violations.

F.    Cost Recovery and Lien.

1.    Any monetary penalty imposed under this chapter constitutes a personal obligation of the person served the notice of penalty. The city attorney is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking of which shall neither stay nor terminate the accrual of additional per-day penalties so long as the violation continues.

2.    The city may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty.

3.    Once civil penalties are effective and due, pursuant to this section, the code enforcement officer may file a lien with the county auditor on the property where the violation exists for the amount of the unpaid civil penalties. The lien shall be of equal rank with state, county and municipal taxes, and shall be in similar form, be filed with the same county office, be enforced and foreclosed in the same manner, and subject to the same exemptions as state law provides for the foreclosure of labor and material liens. The claim of lien shall contain the following:

a.    The authority for imposing a civil penalty;

b.    A brief description of the civil penalty imposed, including the violations charged and the duration thereof;

c.    A legal description of the property to be charged with the lien;

d.    The name of the known or reputed owner; and

e.    The amount, including lawful and reasonable costs, for which the lien is claimed.

G.    Notwithstanding the above provisions, in the case of a repeat violation, meaning that the same person or property has been the subject of one or more notices to correct violation within the preceding twelve months related to any provision within Chapter 17.49, such a repeat violation is a Class B offense under Section 7.01.040 with an authorized penalty of jail for a term not to exceed ninety days, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment under Section 7.01.050. Each day such violation continues may be considered a separate offense. The city is authorized to revoke or suspend the short-term rental permit for repeat violations.

(Ord. 1148 § 1, 2025)

Neither the city nor any official or employee of the city shall be liable for any damages or claims from any owner or third party fully relating to the enforcement of any provision of this chapter permitted by law. (Ord. 1148 § 1, 2025)

The city of Ocean Shores city administrator, finance director, and business license clerk, or designee(s), shall be responsible for the adoption of procedures, forms, and practices consistent with the overall intent of this chapter, to implement, administer, and operate the licensing program for the city. Designees shall publish administrative rules for public access. (Ord. 1148 § 1, 2025)

If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. It is the intent of the Ocean Shores city council that the chapter is to be adopted independently of any such invalid provisions. (Ord. 1148 § 1, 2025)