(A)   Approval of this subchapter adds vacation rentals as a conditional use in all areas zoned residential.

   (B)   Vacation rentals that were included in the city’s trial between June 1, 2014 and December 31, 2014 will be grandfathered, and exempt from the conditional use requirement, provided that the owner of that property has a valid vacation rental business license for fiscal year 2015-2016. Should the property owner of the grandfathered residence fail to meet the foregoing or expand the size of that residence, the conditional use process will be in effect.

(Ord. 275, passed 8-6-2015)

   (A)   Maximum occupancy: ten people.

   (B)   Maximum number of vehicles: four.

   (C)   Vehicles must be parked on the rental property, not on the public right-of-way.

   (D)   Not more than 50% of the front yard setback area may be used for parking. The balance must be landscaped to prevent parking.

   (E)   No outdoor activities, constituting a nuisance or loud noise are permitted after 9:00 p.m.

   (F)   Vacation rentals must comply with all city policies, standards and ordinances.

   (G)   Animals, other than service animals, are not permitted.

   (H)   Vacation rental property owners must subscribe to a scheduled waste collection service and provide garbage and recycling receptacles on the property.

   (I)   With the exception of enclosed barbecues, any outside fire is prohibited.

(Ord. 275, passed 8-6-2015)

   (A)   Smoke alarms must be present and functioning. Smoke alarms ten years and older must be replaced with new smoke alarms that have a ten-year battery and hush button. Smoke alarms must be installed on each floor of the residence, including basement and attached garage, if existing.

   (B)   At least one 2A-10BC rated fire extinguisher must be visible and readily accessible for each floor of the residence including basement, if existing. Portable fire extinguishers shall be fully charged and serviced annually.

   (C)   Exit doors cannot be blocked to prevent egress. Corridors and exit ways must be free of obstructions. Each sleeping room will have at least one operable window for use as a secondary means of escape.

   (D)   At least one plug-in rechargeable flashlight will be readily accessible on each occupied floor of the residence.

   (E)   If on the second floor, there is no other means of escape, two story vacation rentals must provide a roll out ladder for use as a secondary means of escape.

   (F)   A carbon monoxide alarm must be present and functioning in a structure having a carbon monoxide source as defined in O.R.S. 105.836.

(Ord. 275, passed 8-6-2015)

   (A)   A 500-foot minimum spacing between vacation rental properties, on the same side of the river, is required.

   (B)   A copy of the vacation rental standards shall be posted in a conspicuous place inside the vacation rental.

   (C)   Owners of vacation rental property must have a local contact, and provide the City Administrator with the name and telephone number for that contact.

   (D)   Written consent is required from affected property owners if the vacation rental property is accessed by a shared driveway. A copy of the written consent is to be provided to the City Administrator.

   (E)   Transient occupancy tax will apply to all rentals of 30 days or less.

(Ord. 275, passed 8-6-2015)

   (A)   Annually, prior to the issuance of a business license for vacation rentals, the city's CSO will make a premise visit. The visit will ensure that all safety requirements (smoke alarms, fire extinguishers, flash lights and exit provisions) are in place as well as a posted sign reflecting vacation rental standards.

      (1)   Any confirmed complaint made to the city, regarding vacation rentals, will be evaluated by the City Administrator for validity. If deemed valid the complaint will be directed to the city's CSO for action.

      (2)   Complaints filed directly with the sheriff’s office, will be handled by that group. Information concerning resultant action will be provided to the City Administrator.

      (1)   A first valid complaint will result in a warning.

      (2)   A second valid complaint is subject to a fine of up to $500 per day, for each day during the period of the rental which generated the complaint.

      (3)   A third valid complaint will result in cancellation of the business license, and may include additional fine(s).

   (D)   With the exception of the grandfathered property noted in § 154.475, property owners offering their property for vacation rental without going through the conditional use process and/or possessing a valid business license is a violation of this subchapter. In addition to a cease and desist order, the property owner will be subject to a fine of up to $500 for each day the property is/was rented for vacation purposes.

(Ord. 275, passed 8-6-2015)

   (A)   It shall be unlawful for any person, firm, organization or corporation to erect, construct, establish, move into or onto, alter, enlarge, change occupancy type, or use or cause to be used, any building, structure, improvement, on premises located within the city limits contrary to the provisions of this chapter.

(Ord. 225, passed 10-20-1994, § 2.1)

   (B)   (1)   The city shall have the authority to designate authority to enter any building or premises for the purpose of investigation and inspection; provided that, no dwelling shall be so entered without consent of the occupant, unless a 24-hour notice of intention to enter has been served upon the occupant.

      (2)   The City Attorney, or city appointed official, upon request of the City Council, shall institute any necessary legal proceedings or enforcement procedures of the provisions of this chapter.

      (3)   The Police Department shall assist the designated official or City Council appointed official in the enforcement of the provisions of this chapter.

      (4)   Any person violating any provision of this chapter may be cited for a misdemeanor or infraction and fined as enumerated herein.

(Ord. 225, passed 10-20-1994, § 2.2)

   (C)   Penalties for violation are established pursuant hereto.

(Ord. 225, passed 10-20-1994, § 2.3)

   (D)   (1)   A structure within the city limits that is erected, constructed, moved, altered, enlarged or modified contrary to the provisions of this chapter, or a structure within the city limits that remains within the city limits contrary to the provisions of this chapter, shall be subject to an order of modification or removal. The court or other forum may impose an order of modification or removal. The court or other forum may impose an order of modification or removal in combination with fines in order to effectively ensure compliance with the city zoning requirements and discourage future violations. This order shall be directed against the violator(s) and the fee title owner of the affected property.

      (2)   A structure that has been ordered modified or removed becomes a public nuisance, and if those against whom the order is directed fail to remove or modify the structure, then the city may cause same to be done and may have a lien on the property for the cost of doing so, all in the manner proscribed by the laws of the city pertaining to public nuisances.

(Ord. 225, passed 10-20-1994, § 2.4)