City of Pismo Beach
Short-term Rental Code Enforcement
Dave Fleishman, City Attorney
Matt Downing, Director of Community Development
Overview
•Sources of code enforcement authority
•Chapter 5.22 (Vacation Rentals)
•Chapter 17.113 (Short-term Rentals –Coastal)
•Chapter 17.09 (Short-term Rentals -Non-Coastal)
•Government Code Section 53069.4
•Permitting process
•Enforcement process
Vacation Rentals (Chapter 5.22)
“Vacation rental” is defined as:
“any structure, as defined in the building code adopted in Section 15.04.010 of this code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units.” (PBMC §5.22.010)
"Short-term rental" or "STR" is defined as:
“the rental of a detached single-family residence or accessory dwelling unit for less than thirty consecutive days where the primary residence is not being concurrently occupied by the owner.” (PBMC §5.22.100) “Homestay” is defined as:
“an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty consecutive days.” (PBMC §5.22.100)
Short-term Rentals (Chapters 17.113, 17.09)
•“Homestay” and “Short-term Rental” are defined the
same as under Chapter 5.22
•Only permitted in R-1, R-2, R-3, P-R and O-S-1 zones in the 1983 Zoning code
•Only permitted in RSL, RSM and OS zones in the 1998
Zoning code
•STRs and Homestays are prohibited in all other residential zones
•STRs and Homestays in non-residential zones regulated
by Chapter 5.22
Government Code Section 53069.4
•The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. •The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. •Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900. •Violations of City ordinance are misdemeanors
Permitting Process
•Application form
•Application fee ($407 plus $207 mailing fee)•Name, address, phone number; responsible party 24/7 •Site plan including parking
•Neighbor notification
•Other information deemed reasonably necessary
•On-site inspection
•Business license
•TOT certificate
•Permit is NOT transferable
•STR/Homestays only permitted at single family properties that are the primary residence of the property owner
Permitting Process
•Good neighbor policy
•Responsible party must respond to complaints within 30 minutes
•Parking in a garage or driveway
•No unreasonable noise
•No accumulation of trash
•No unreasonable vehicle traffic
•Maximum occupancy
•No visitors between 11pm and 7am.
Enforcement continuum
•Ultimate goal is education and voluntary compliance with the municipal code •Upon receipt of complaint, staff conducts investigation •Initial informal contact with property owner by letter/phone •If no response/unsatisfactory response, or staff observes violation, notice of violation is issued •If still unresolved, administrative citation is issued •If immediate life/safety violation or significant violation, process is expedited
Violations
•Vacation rental penalties range from $100 to $500, plus suspension of permit •STR/Homestay penalties range from $750 to $1000, plus suspension of permit •Complaint-driven enforcement
•Each separate day is a separate violation
•After investigation, issuance of notice of violation and intent to impose penalties •If requested by the property owner, a hearing on the violation will be held •Hearing officer takes evidence and submits proposed findings and recommendations to the community development director. •CDD Director imposes penalties or revokes permit if the violation has been proven by a preponderance of the evidence
Revocation of permit
If the property owner or responsible party is deemed by the city manager to be non-responsive to a complaint more than three times in a twenty-four-month period, or if more than three significant violations occur in any twenty-four-month period, or if the property owner or responsible party is cited three or more times in a twenty-four month period, the STR license may be revoked.
Significant violations
•Failure of the property owner or responsible party to take action to respond to a complaint within thirty minutes after the city contacts the property owner or responsible party •The inability of city staff or the Pismo Beach police dispatch to reach the property owner or responsible party •Violation of the STR or homestay maximum overnight occupancy, number of visitors, parking, noise, trash, or other requirements •Failure to notify city staff when responsible party or property owner contact information changes •Failure to pay fees or make TOT/LBID/TMD payments
•Providing false or misleading information on an STR/homestay license application or other documentation •Violations of state, county, or city health regulations
Administrative appeal
•If citation is appealed, City conducts administrative
appeal hearing
•Mini-trial –witnesses and evidence are received
•Written decision from hearing officer within 30 days of hearing
•Administrative decision is final unless appealed to
superior court
Court appeal (Government Code §53069.4)
Within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence.