9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 1/6 CHAPTER 5.55
SHORT-TERM RESIDENTIAL RENTALS
Sections
5.55.010 Purpose.
5.55.020 Definitions.
5.55.030 Authorized agent.
5.55.040 Business license required.
5.55.050 Permit required.
5.55.060 Obtaining and renewing permit; revocation.
5.55.070 Operational requirements.
5.55.080 Penalties and enforcement.
5.55.090 Interpretation
5.55.010 Purpose.
(A) The purpose of this chapter is to establish regulations for short-term residential rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the City of Corona by minimizing negative secondary effects related to short-term residential rentals, including, but not limited to, excessive noise, disorderly conduct, illegal parking, overcrowding and excessive accumulation of refuse; and to ensure that the city is collecting transient occupancy tax pursuant to Chapter 3.34 of this code.
(B) This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term residential rental purposes as defined in this chapter. Short-term residential rentals are not permitted in dwelling units that have deed restrictions for affordable housing purposes or have other city, housing authority or other government imposed conditions of approval or restrictions which prohibit the use of said dwelling unit as a short-term residential rental as defined herein. (Ord. 3272 § 1, 2017)
5.55.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
(A) "Broker" means any entity or person, including but not limited to, on-line websites, on-line travel agencies and on-line booking agents that offers, lists, advertises, accepts reservations and/or collects whole or partial payment for a short-term residential rental unit. (B) "Designated Local Contacts" means at least two persons, one of whom shall be available 24 hours per day, seven days per week for the purpose of responding to the location of the residential 9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 2/6 unit within 45 minutes to address complaints regarding the condition or operation of the short-term residential rental unit or the conduct of the occupants or the invited or uninvited guests of the owner, the owner's authorized agent or the occupants of the owner's short-term residential rental unit. (C) "Good Neighbor Brochure" means the city's brochure titled "Short-Term Residential Rental Good Neighbor Standards" or a similarly titled brochure made available by the city which briefly describes the city's requirements for the operation, maintenance and use of short-term residential rentals.
(D) "Occupancy" means the use or possession, or the right to the use or possession, of any short- term residential rental for dwelling, lodging or sleeping purposes. (E) "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term residential rental.
(F) "Owner's authorized agent" means an agent designated by the owner to comply with the requirements of this chapter on behalf of the owner, as provided for in Section 5.55.030 of this chapter.
(G) "Short-term residential rental" is defined as the rental of any legally permitted dwelling unit, as that term is defined in Chapter 17.04 of this code, or one or more portions of any legally permitted dwelling unit, for occupancy purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying a short-term residential rental shall be deemed to be occupying for a period of 30 days or less until the period of 30 days has expired, unless there is a contract or agreement in writing between the owner and the occupant providing for a longer period of occupancy. Short-term residential rental includes any contract or agreement that initially defined the rental term to be greater than 30 consecutive days and which was subsequently amended, either orally or in writing, to permit the occupant(s) of the owner's short-term residential rental to surrender the subject dwelling unit before the expiration of the initial rental term that results in an actual rental term of 30 consecutive calendar days or less. (H) "Short-term residential rental unit" is any legally permitted dwelling unit, as that term is defined in Chapter 17.04 of this code, all or any portion of which is made available as a short-term residential rental. Each short-term residential rental unit shall have an assigned real property address. (Ord. 3272 § 1, 2017)
5.55.030 Authorized agent.
(A) An. owner may in writing authorize an agent to comply with the requirements of this chapter on behalf of the owner. The authorized agent shall submit a copy of the authorization to the city during the initial permit and all renewal permit process(es).
(B) Notwithstanding subsection (A) of this section, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term residential rental unit, regardless of whether such noncompliance was committed by the owner, the owner's authorized agent, the occupants of the owner's short-term residential rental unit or the invited or uninvited guests of the owner, the owner's authorized agent or the occupants of the owner's short-term residential rental unit.
(Ord. 3272 § 1, 2017)
5.55.040 Business license required.
The owner or owner's authorized agent is required to obtain a business license pursuant to Chapter
5.02 of this code before renting or advertising the availability of a short-term residential rental unit. 9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 3/6 (Ord. 3272 § 1, 2017)
5.55.050 Permit required.
(A) Before renting or advertising the availability of a short-term residential rental unit, the owner or owner's authorized agent is required to obtain a short-term residential rental permit from the city pursuant to this chapter. Each short-term residential rental unit must have its own permit. (B) A short-term residential rental permit shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter.
(C) Every broker shall ensure that each short-term residential rental unit is registered with the city and that the owner or owner's authorized agent has obtained the requisite short-term residential rental permit and business license prior to listing or advertising said unit for rent. (D) The requirement for a short-term residential rental permit shall be based on the actual duration of the rental period and not the stated time period of the reservation, rental or other contract or agreement.
(Ord. 3272 § 1, 2017)
5.55.060 Obtaining and renewing permit; revocation.
(A) The owner or owner's authorized agent must provide the following information on a short-term residential rental permit application form provided by the Community Development Department:
(1) The name, address and telephone number of the owner of the short-term residential rental unit.
(2) If applicable, the name, address and telephone number of the authorized agent of the owner of the short-term residential rental unit.
(3) The name, address and telephone number of all designated local contacts for each short-term residential unit.
(4) The address of the real property at which the proposed short-term residential rental unit is located.
(5) The name and contact information for all intended brokers for the short-term residential rental unit, as well as any applicable listing numbers.
(6) The number of rooms capable of being rented in the short-term residential rental unit. (7) Acknowledgment of receipt of, and commitment to comply with, the city's good neighbor brochure.
(8) Such other information as the community development director, or his/her designee, deems reasonably necessary to administer this chapter.
(B) Any fee for a short-term residential rental permit shall be established by resolution of the city council.
(C) The community development director, or his/her designee, shall approve or renew a short-term residential rental permit, unless any of the following conditions apply in his/her reasonable discretion:
(1) Any false statements or other false information has been provided in the application for the subject permit or any other short-term residential rental permit submitted by the owner and/or the owner's authorized agent.
9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 4/6 (2) If, within the past 12 months, the owner or the owner's authorized agent has had a prior short- term residential rental permit denied for the same or other short-term residential rental unit. (3) If, within the past 36 months, the owner or the owner's authorized agent has had a prior short- term residential rental permit revoked for the same or other short-term residential rental unit. (4) If, within the past 36 months, the owner or the owner's authorized agent has failed to comply with the business license requirements of Chapter 5.02 of this code for the same or other short-term residential rental unit.
(5) If, within the past 36 months, the owner or the owner's authorized agent has failed to comply with the transient occupancy tax requirements of Chapter 3.34 of this code for the same or other short-term residential rental unit.
(D) The community development director, or his/her designee, shall have the authority to revoke a short-term residential rental permit if any of the following conditions apply in his/her reasonable discretion:
(1) Any of the conditions provided for in § 5.55.060(C) of this code. (2) A violation of any of the conditions included in the short-term residential rental permit. (3) A violation of any of the operational requirements provided for in § 5.55.070 of this code. (E) Any decision of the community development director, or his/her designee, regarding the denial or revocation of a short-term residential rental permit may be appealed pursuant to Chapter 1.09 of this code.
(Ord. 3272 § 1, 2017)
5.55.070 Operational requirements.
The following requirements shall be applicable to each short-term residential rental unit and shall be provided for in the short-term residential rental permit:
(A) The owner and, if applicable, the owner's authorized agent shall ensure that the provisions of Chapter 3.34 of this code regarding the collection and remittance of transient occupancy taxes are complied with for the short-term residential rental unit. A broker that collects any revenue from arranging or listing a short-term rental unit shall have primary responsibility for collecting, paying and transmitting all revenues due to the city pursuant to Chapter 3.34 of this code. (B) The owner and, if applicable, the owner's authorized agent shall use all reasonably prudent business practices to ensure that the short-term residential rental unit is used in a manner that complies with all applicable federal, state and local laws, rules and regulations pertaining to the use and occupancy of the subject short-term residential rental unit, including, without limitation, all noise or other nuisance avoidance standards.
(C) The owner and, if applicable, the owner's authorized agent shall use all reasonably prudent business practices to ensure that the short-term residential rental unit is operated, maintained and used in a manner that complies with the city's good neighbor brochure. (D) While a short-term residential rental unit is rented, at least one designated local contact person shall be available 24 hours per day, seven days per week. The owner and, if applicable, the owner's authorized agent shall be responsible for making sure that at least one designated local contact is available at all times and that any person who attempts to contact the designated local contacts can easily determine which designated local contact(s) are available at that time. (E) The owner and, if applicable, the owner's authorized agent shall post the name and telephone number of the designated local contact who is on-call that day on the exterior of the unit within plain 9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 5/6 and conspicuous view for the general public. The name and telephone number shall be typewritten in a bold and clearly readable type font which is either at least a 14 point font or at least one-quarter inch in height.
(F) Upon oral or written notification of a violation, the owner and, if applicable, the owner's authorized agent shall ensure that a designated local contact or other authorized person responds in a timely and appropriate manner to immediately address the situation and prevent a recurrence. Failure of the owner and, if applicable, the owner's authorized agent to respond to such notifications in a timely and appropriate manner shall subject the owner to all administrative, legal and equitable remedies available to the city. For purposes of this section, a violation shall mean any condition or operation of the short-term residential rental unit or the conduct of the occupants or the invited or uninvited guests of the owner, the owner's authorized agent or the occupants of the owner's short- term residential rental unit which allegedly is causing a violation of applicable federal, state or local laws, rules and regulations pertaining to the use or occupancy of the subject short-term residential rental unit, including, without limitation, any noise or other nuisance avoidance standard. (G) In accordance with the provisions of Chapter 9.29 of this code, the owner, the owner's agent, the renter or any other person responsible for an event held at the short-term residential rental unit may be issued an administrative fine for any subsequent police response to such event. (H) Occupants of the short term residential rental unit shall not generate loud and unnecessary noises inconsistent with Chapter 9.24 of this code.
(I) The owner and, if applicable, the owner's authorized agent shall use reasonably prudent business practices to ensure that the short-term residential rental unit is used for residential purposes only.
(J) Prior to occupancy of a short-term residential rental unit, the owner and, if applicable, the owner's authorized agent shall:
(1) Obtain the name, address and telephone number of the renter. (2) Provide a copy of the city's good neighbor brochure to the renter. In addition, require the renter to execute a formal acknowledgment that he or she has received the good neighbor brochure and that he or she will be responsible for compliance with the good neighbor brochure by the renter, all occupants and all invited or uninvited guests of the renter and occupants. (3) Require the renter to execute a formal acknowledgment that he or she is legally responsible for compliance with all applicable federal, state and local laws, rules and regulations pertaining to the use and occupancy of the short-term residential rental unit, including, without limitation, all noise or other nuisance avoidance standards by the renter, all occupants and all invited or uninvited guests of the renter and occupants.
(4) The information required in subsections (J)(l) through (J)(3) above shall be maintained by the owner and, if applicable, the owner's authorized agent for a period of three years following the end of the rental period. Written copies of the information shall be made available upon request to any city representative for the enforcement of any provision of the municipal code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term residential rental unit. (K) Trash and refuse shall not be left stored within public view, except in proper containers as required by this code for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.
(L) On-site parking shall be allowed on approved driveway, garage, and/or carport areas only.
Parking of over-sized vehicles must comply with the provisions of § 10.20.250 of this code. (M) The number of occupants allowed to occupy any given short-term residential rental unit shall be limited to two people per bedroom plus one person per unit. 9/6/23, 12:26 PM export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ https://export.amlegal.com/api/export-requests/19c452a1-fdd5-4781-970e-b6fc06a64a3f/download/ 6/6 (N) The community development director, or his/her designee, shall have the authority to impose additional conditions on the use of any given short-term residential rental unit to ensure that any potential secondary effects unique to the subject short-term residential rental unit are avoided or adequately mitigated.
(O) The owner or, if applicable, the owner's authorized agent shall post the current short-term residential rental permit number for a short-term residential unit on or in any advertisement appearing in any written publication or on any website that promotes the availability or existence of the short- term residential rental unit.
(Ord. 3272 § 1, 2017)
5.55.080 Penalties and enforcement.
(A) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and shall be subject to all applicable penalties or punishments available to the city, including, without limitation, those provided for in Chapter 1.08 of this code. (B) In addition to any other penalties available to the city, the community development director, or his/her designee, may, in lieu of revoking a permit pursuant to § 5.55.060 of this code, impose additional permit conditions on the use of any short-term residential rental unit pursuant to §
5.55.070(M) of this code. Any decision of the community development director, or his/her designee, pursuant to this provision may be appealed pursuant to Chapter 1.09 of this code. (C) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the persons authorized to enforce this chapter. Nothing in this chapter shall create a right of action in any person against the city or its agents for damages or to compel public enforcement of this chapter against private parties.
(D) In addition to any other penalties available to the city, in accordance with the provisions of Chapter 9.29 of this cdoe, the owner, the owner's agent, the renter or any other person responsible for an event may be issued an administrative fine for a subsequent police response to such event. (Ord. 3272 § 1, 2017)
5.55.090 Interpretation.
This chapter shall be construed liberally in favor of regulation, as determined if necessary and appropriate by the community development director, or his/her designee, for the public protection and welfare and in order to accomplish its purpose and intent. (Ord. 3272 § 1, 2017)