Title
Public Hearing - Amend City Code - Ordinance Adoption - Short-Term Rental Registration (Ordinance G-6653)
Description
This report requests the City Council approve the proposed amendment to the City Code by adding section 10-193, 10-194, 10-195, 10-196 and 10-197 to Chapter 10, Section Article XVI, Vacation Rental to create a rental registry for Short-Term Vacation Rentals.
Report
Summary
In 2017, Arizona State Legislature enacted Arizona Revised Statutes (A.R.S.) §9-500.39 which eliminates the ability for local cities and towns, including the City of Phoenix to regulate these types of rentals based solely on their classification or use. Consequently, these rentals are allowed by State law, in the City of Phoenix.
The City of Phoenix is proposing an ordinance that requires owners of short-term or vacation rentals to register, provide emergency and complaint contact information. The proposed ordinance outlines vacation rental violations, prohibited types of uses and introduces an enhanced penalty structure. (Adding section 10-193, 10-194, 10-195, 10-196 and 10-197 to Chapter 10, Section Article XVI, as outlined below and in Attachment A).
Short-term Vacation rentals means any portion of the land zoned for residential use or any unit, room, or detached structure of a single-family or multi-family dwelling unit that is offered to the public for short-term residential purpose, which is defined as a stay less than 30-days.
Owners and operators of short-term rentals are subject to the following:
- The owner of a short-term vacation rental must register their information and designated emergency contact person (name, address, contact information) with the City of Phoenix on a form or platform specified by the City of Phoenix.
- The online lodging operator must display the phone number and email address of the emergency contact person.
- Renting or advertising a vacation rental for the uses outlined in A.R.S. 9-500.39 is prohibited.
- Failure to post the following notice in a conspicuous place in the vacation rental: NOTICE: Using this property for following purposes are prohibited: Any nonresidential use; Holding a special event that requires a permit or license pursuant to a city or town ordinance or state law or rule; Operating a retail business, restaurant, event center, banquet hall or similar use; Housing sex offenders; Operating or maintaining a sober living home; Selling liquor, illegal drugs or pornography; Operating a nude or topless dancing; Obscenity; Adult-oriented business; or Other uses prohibited by A.R.S. 9-500.39.
- When requested by a police officer or code enforcement officer, the owner or the owner’s agent must be on the vacation rental premise within 60 minutes. Failure to be on the premise within 60 minutes is a violation.
- Any vacation rental owner, agent, renter, or online marketplace who causes, permits, facilitates, aides, or abets any violation of any provision of this Article or who fails to perform any act or duty required by this Article is subject to a civil sanction as follows: First offense, $500; Second offense on the property within 12-month period, $1,000 per offense; Third and subsequent offense within 12-month period, $1,500 per offense.
- Within 30 days after a verified violation, and if required by law, the City will notify the Arizona Department of Revenues and the owner of the vacation rental of the verified violation.
- Unless a use permit is obtained for the vacation rental, having persons other than a “family” as defined in Section 202 of the Phoenix Zoning Ordinance stay overnight at the vacation rental is prohibited.
Staff recommends approval of the proposed amendment to the City Code by adding section 10-193, 10-194, 10-195, 10-196 and 10-197 to Chapter 10, Section Article XVI, Vacation Rental.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development Department.