A VERY PRELIMINARY draft of the comparison of the two ordinances. I want to clean it up A LOT, add comments, and put a disclaimer at the beginning that this is not a legal document and is provided only as an aid for comparison, and a suggestion that people read it for themselves. (Dixie)
| Issue | Current Ordinance | Ballot Initiative | |
| Purpose | provide procedure to allow THR, insure use does not create adverse impacts, restrict occupancy, maintain minimum health and safety standards | provide for consistency with General Plan, regulate uses that have potential to adversely affect surrounding properties, promote attractive, livable and economically viable community; provide flexibility | |
| Findings and Declarations | THRs have been identified as community concern, have potential for deleterious effect on residents; occupants has exceeded standards and constitute danger; rental and advertising is a business/commercial use and if unregulated would deter from residential character; health and safety standards are necessary; city created division of uses to preserve residential neighbors; unregulated THRs have potential for creating unfair business competition and for depleting city of affordable full-time housing inventory; General Plan directs visitor commercial land uses to be located adjacent to major streets | ||
| License requirement | managing, agency, agent, owner or property manager who rents one or more THR must have business license | Conditional Use Permit , considering also prior permanent rental status, objections of neighbors, with considerations for single multiple, condominium units; 5 year approval | |
| Tax requirement | TOT as required by city | TOT as required by city | |
| Registration | Each unit shall be registered with the city | ||
| Time for Registration | Ongoing | Those already approved have 90 days of effective date to get license, and may continue as legal-nonconforming use for 2 years | |
| Requirements for listing with city | Managing agency or agency shall update list of THRs quarterly | ||
| Fee | to cover reasonable cost of processing registration | Covers reasonable cost of processing registration | |
| Code Compliance, Inspection | Prior to commencement of use, inspector approved by city, cost plus administrative charges paid by owner per city's fee schedule | Compliance with Fire, Building and Safety, Health and Safety and other relevant laws; inspection within 90 days of adoption of code, city to inspect all units within 180 days , inspection report to planning department within 15 days, new units to be inspected within 30 days of approval. inspector to be qualified as determined by Building Official or Fire Dept., verify compliance with applicable provisions | |
| Re-Inspection | Once a year | Once a year | |
| Sign and notification- Outside | One identification sign, 2 sq. ft, attached to home, clearly visible from street: contains name of responsible party, maximum number of occupants, vehicles, telephone number of city's code compliance division | one sign, purchased through city, 2 sq. ft, readable by public, 24 hour contact no, address, number of permitted occupants and vehicles | |
| Sign and notification- Inside | ma number of occupants, vehicles, trash and refuse requirements, clean bear sites, 24-hour number of responsible party, notice that violation violates city's municipal code | name and number of manager, 24 hour telephone number, maximum occupants permitted to stay or visit unit, notification re trash, notice that non-compliance is violation, conservation measures, prohibition of use of decks, yards, patios between 10 pm and 8 am, "zero tolerance' for nuisance, rowdy and disruptive behavior, termination of occupancy if violation | |
| Rental Information | permitted occupancy and parking, trash disposal information | ||
| Responsibility for Compliance | Managing agency, owner, agent and property manager is responsible for compliance with all codes | ||
| Availability | manager to be available by phone on 24 hour basis to respond to calls regarding condition and operation. | Manager available on 24 hour basis, response within one hour, start corrective action within 24 hours. Corrective action relating to noise or unsafe condition commence within one hour | |
| Response time | 2 hours, 24 hours to commence corrective action | ||
| Penalty for non-availability | Revocation of business license | ||
| Maximum occupancy | one person per 200 sq. ft, not to exceed 16 | 2 per bedroom plus 2, not to exceed 12. Planning Commission may establish different maximums where appropriate and reasonable | |
| Maximum cars | one per bedroom, on-site, delineated. No overnight on-street parking | one paved per bedroom, | |
| Requirements | Specific requirements and other applicable codes and ordinances | ||
| Specific Requirements | |||
| Sign and Notice | Posted and legible from street | Posted, legible address | |
| Smoke Detectors | in each sleeping room, good working order | in each sleeping room, good working order, if fire suppression systems, they are subject to all code requirements | |
| Fire Extinguisher | within 75 feet to all portions of structure, one per floor, mounted, visible, accessible, annual certification | within 75 feet to all portions of structure, one per floor, mounted, visible, accessible, annual certification | |
| Tree Limbs | None within 10 feet of chimneystack opening | None within 10 feet of chimneystack opening | |
| Spark arrestors | On all fireplace flue openings | On all fireplace flue openings | |
| Metal Container | For fireplace or solid fuel barbeque, tight lid, labeled, instructions, store min. 3 feet from combustible | For fireplace or solid fuel barbeque, tight lid, labeled, instructions, store min. 3 feet from combustible, | |
| Ashes | |||
| Clearance of combustibles | 54 inches from fireplace, 30 inches from heaters | 54 inches from fireplace, 30 inches from heaters | |
| Flammable liquid storage | None except in garages - then 5 gallons max | None except in garages - then 5 gallons max | |
| Roof and grounds | Keep clear of accumulations o pine needles, weeds, combustibles | Keep clear of accumulations o pine needles, weeds, combustibles | |
| Exterior doors | locking mechanism operable from inside without key or special knowledge of effort, 2 doors if unit is over 300 sq. ft | locking mechanism operable from inside without key or special knowledge of effort, 2 doors if unit is over 300 sq. ft | |
| Condition | Clean and sanitary, free from hazards | Clean and sanitary, free from hazards | |
| Electric | no exposed wiring, overloaded circuits, no permanent use of extension cords | no exposed wiring, overloaded circuits, no permanent use of extension cords | |
| Plumbing | No leaks, clogs, faucets and fixtures to be maintained in working condition, showers, sinks, bathing facilities clean and drain properly | No leaks, clogs, faucets and fixtures to be maintained in working condition, showers, sinks, bathing facilities clean and drain properly, properly maintained | |
| Pest infestations | None | None | |
| Windows | bedroom windows operable for emergency egress, at least one screened window per room | bedroom windows operable if directed by fire department, at least one window per bedroom | |
| Trash/debris | No accumulation on site or in unit, remove after each occupancy | No accumulation on site or in unit, remove after each occupancy | |
| Steps, stairs, decks, railings | structurally sound, stable | structurally sound, stable | |
| Fireplaces | screens to prevent sparks or rolling logs from escaping | ||
| Appliances, furnaces, water heaters | Operational | Operational | |
| Hot tubs, pools, spas | fenced or equipped with approved cover with approved locking mechanism, safe, sanitary | Certified as commercial unit or drained, covered, and locked | |
| lofts or attic conversions | acceptable exiting and head clearance, safe sound stairs, no ladders | properly permitted acceptable exiting and head clearance, safe sound stairs, no ladders | |
| exits | emergency exit routs to be illuminated with battery operated emergency light, all exits clear of storage, debris, impedance | ||
| outside lighting | main entrance illuminated when unit occupied, no excessive light or glare | ||
| parking | on site, one per bedroom, delineate parking where no paving, no overnight on-street parking | ||
| snow removal | prior to each occupancy period | ||
| Use Restriction | Overnight lodging only | ||
| Advertising | provide address and maximum number cars and persons, include name, address phone number of agent and city permit number | ||
| Insurance | Designation of property as transient rental, certificate of insurance, coverage at least $100,000.00, annual update and update with change of owner | ||
| Accessibility | one of 20 units with agency is ADA compliant, if an owner has 1 property, it shall comply | ||
| Vehicle Restriction | NO RVs trailers, tent, temporary shelter, canopy, teepee to be used by renter | ||
| Penalties | revocation of business license, no new license for 12 months following revocation | civil penalty $250 for each day, $1000 and/or imprisonment for defrauding innkeeper; penalty for noncompliance with inspections may be revocation of business license and CUP, no new license for 1 year; may be subject to abatement and penalty provisions of Municipal Code section 8.80 et seq; owners, operators, agents and guests are subject to penalties | |
| Additional remedies | City may attach conditions to permit, require new inspection, suspend permit, revoke permit, prohibit owner from obtaining permit for up to 2years/ | ||
| Cumulative penalties | 1st violation- $250, Second $500, third 6 month suspension, 4th- 2 year suspension. ; after three years with no violations, next violation is the first | ||
| Cost of enforcement | Property owners shall reimburse city | ||
| Explanatory Brochure | City to prepare within 90 days after effective date of ordinance | ||
| Enforcement Officer | on duty 24 hours a day on holidays, busy weekends, continually drive residential streets, knock on door of apparent violator, county occupants, notify occupants and owner or agency of violation. Violations to be corrected within 1 hour; Available to respond to complaints | ||
| Separate Commission | City may appoint to review applications; may appoint board to make findings and impose penalties | ||
| Effect of Invalidity | If any section is invalid or unenforceable, the rest remains in full force and effect | ||
| Amendment or Repeal | only by vote of the people | ||
| Effective date | 10 days after vote is declared | ||