Attachment B
Redlines to Chapter 5.95
Section 5.95.035 (Denial of Permit) shall be amended to read as follows:
If permits are available for issuance, no timely application filed by an owner for an annual permit, renewal of a permit, reinstatement of a permit or transfer of a permit for a unit eligible to be used as a short term lodging unit, as provided for in Sect ion 5.95.015 and this Code, shall be denied unless: the owner does not have a current valid business license; the owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the City; the nuisance response plan is deemed inadequate by the Administrative Services Director; or the short term lodging permit for the same unit and issued to the same owner has been revoked, or the short term lodging permit is not eligible for reinstatement.
Subsection (G) of Section 5.95.042 (Maximum Number of Permits) shall be amended to read as follows:
G. If the City has issued the maximum number of permits available, the City shall maintain a separate waiting list for both the residential districts and the multi-use areas. An application for placement on the waiting list shall be submitted to the Finance Administrative Services Director, on a form approved by the Finance Administrative Services Director, and shall be accompanied by a fee established by resolution of the City Council. In the event a short term lodging permit becomes available, the Finance Administrative Services Director shall notify the person or persons next in order on the waiting list. The notice shall specify that applications will be accepted for ten (10) calendar days after the date of the notice, and that failure to apply within the ten (10) calendar day period shall result in removal of the person or persons receiving notice from the waiting list. The Finance Administrative Services Director may extend the deadline to apply if the Finance Administrative Services Director determines that good cause has been shown to extend the deadline. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. The City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City.
Subsection (B) of Section 5.95.080 (License and Permit Closure) shall be amended to read as follows:
B. The Administrative Services Director shall close any permit that has no short term lodging activity for a period of two consecutive yearsannual reporting periods as evidenced by the owner and/or agent remitting zero dollars ($0.00) on the required transient occupancy tax and visitor service fee forms or has failedthe owner/agent failing to return the transient occupancy and visitor servicethese forms. After any permit closure pursuant to this subsection, the owner may reapply one (1) time for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030. Any subsequent closure of the short term lodging permit pursuant to this subsection shall not be eligible for reinstatement.