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Home My WebLink AboutO - Residential Rental Registry Ordinance Vol 1 Page 416 V 3 I r---Pet-g, 471p 2024-385 LR 172'2 283 SOUTH BURLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOPTED I EBRUARY 20, 2024 Filed for Record in SOUTH BURIINGTON, VT HOLD REES, CITY CLERK 02722,2024 08:0000 A Bk LR Vol 1122 Page 283 - 295 Residential Rental Registry Ordinance gi:i1A14440 southburolngton VERMONT Adopted: February 20, 2024 1 2024-385 LR. 1722 285 SOUTI-i FILM LINGTf)N RI RLGIS I In ORIDIN[ NCL \DOP I LI_) ILI1RU \R1 20. 202+ The Council of the City of South Burlington hereby Ordains: 1. Purpose and Authority. This Ordinance is enacted to promote the public health, safety and welfare of the City under the authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington City Charter. Due to an ongoing increase in the number of rental dwelling units in the City of South Burlington, continued and projected population growth in the City, the aging of some of the City's housing stock, and the existing and potential future conversion of permanent housing into short-term accommodations, the Council hereby finds that the regulation of rental dwelling units is necessary to maintain and protect the public health, safety and welfare of the City and its residents. This Ordinance is intended to provide a process: • through which dwelling units used for rental housing must be registered with the City of South Burlington for use as long-term or short-term rentals; • to disclose the ownership of such rental properties; • to regulate the renting of dwelling units within the City; • to make owners and persons responsible for the maintenance of property more accessible and accountable with respect to the premises; • to ensure that housing units remain available for rent to those who reside or seek to reside within the City; • to ensure that the City is not unduly impacted by the operation of short-term rentals; and • to ensure that owners and tenants of rental dwelling units comply with all building, health and fire safety codes and ordinances adopted by the City of South Burlington. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Existing Short Term Rental shall mean a Short Term Rental Unit that is neither Owner Occupied nor Tenant Occupied and was established and utilized as a Short Term Rental, continuously maintained under the same ownership, prior to the effective date of this Ordinance and such use has not been discontinued for six or more consecutive months. Long Term Rental shall mean the letting of a Rental Unit in whole or in part to the same tenant for thirty (30) or more consecutive days. Multi-Unit shall mean a single, detached building in common ownership interest containing more than one (1) residential or commercial unit. 3 Vol l ' ir& imo 2024-385 I.F; 1722 287 SOUTH BURLINGTON Nil I;AL RENTAL REGISTRY ORDIN;ANC1 ADOPTED 1 IhRU;1R1 20, 2024 (a) Registration of Rental Units. 1) All Rental Units must be registered in accordance with this Ordinance by April 1st of each year; Rental Units entering the rental housing market must be registered and pay the appropriate fee prior to their listing as an available Rental Unit or prior to their first occupancy, whichever is earlier. Registration must be renewed annually, on or before April 1st, including updating all changes in previously submitted registration information. 2) If a Rental Unit is rented as both a Short Term and Long Term rental, it must be separately registered for each type of rental. 3) Each owner, manager, and person/entity otherwise responsible for the Rental Unit, such as a property manager, shall be obligated under this Ordinance. Any new owner, manager, or responsible person/entity must apply to register within thirty (30) days of purchase of the Rental Unit or transfer of management or responsibility. New owners or tenants applying to register an existing Short Term Rental Unit are considered new applicants and shall be subject to all limitations and regulations in effect at the time of the application. 4) A Rental Unit shall not be considered registered unless and until the registrant has submitted a complete application together with all information and fees required by this Ordinance, to the satisfaction of the City's Building Inspector, or designee. 5) As a condition of registration, all owners and/or registrants must allow onsite inspections by the City of their property including,without limitation, all Rental Units. Inspections will be performed in accordance with the Inspection Cycle adopted by Resolution of the City Council. All units of a multi-unit building owned by the same property owner are subject to inspection, including an owner-occupied unit that is not a Rental Unit, if one or more units in the building are Rental Units. Likewise, all areas of an owner-occupied dwelling are subject to inspection if any portion of the owner-occupied dwelling is a Rental Unit. The purpose of this inspection is to ensure compliance with all building and fire safety codes, ordinances, and regulations adopted by the City of South Burlington and safety of the Rental Unit. (b) Information/Documentation Required. Rental Unit registration must be completed on forms supplied by the City's Building Inspector or their designee and must provide, at a minimum, the following information: 1) The address of the property; 2) The number of dwelling units at that address; 3) The number of Rental Units at that address; 4) The number of sleeping rooms in each Rental Unit; 5 inn/. / ` 0m74 JL_ L -SV-'V SOUTH BURLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOPTED FEBRUARY 20, 2024 4. Other documentation proving primary residence to the satisfaction of the City's Building Inspector. ii. For Short Term Rental Units that are Tenant-Occupied, the tenant must provide their name, address, phone number, email address, a primary residence affidavit, and a statement of permission by his/her landlord, both affidavits on forms supplied by the City. The tenant must also produce for review one of the following demonstrating residency at the Tenant-Occupied unit: 1. Valid driver's license or other state-issued identification; 2. Valid motor vehicle registration; or 3. Other documentation proving primary residence to the satisfaction of the City's Building Inspector. iii. For Existing Short Term Renal Units, in addition to all other requirements for Short Term Rentals, the Registrant must also provide: 1. Documentation establishing to the satisfaction of the City's Building Inspector that the Rental Unit was established and utilized as a Short Term Rental prior to the effective date of this Ordinance; 2. Registrant and owner's name, addresses, phone number, and email address; 3. An Existing Short Term Rental affidavit on a form supplied by the City identifying the owner of the Rental Unit and swearing that the Existing Short Term Rental Unit was established and utilized as a Short Term Rental Unit as of the effective date of this Ordinance and without discontinuance of use as a Short Term Rental Unit for a period greater than six months; and 4. Property Deed or other similar documentation establishing the identity of the current owner of the Rental Unit; and 5. Documentation establishing to the satisfaction of the City's Building Inspector that the Rental Unit did not cease to be utilized as a Short Term Rental Unit for a period of time greater than six consecutive months. d. Proof of liability insurance required. At the time of registration, the Registrant must provide a certificate of insurance that expressly acknowledges that the property may be used for Short Term Rental business activity and evidencing (a) property insurance and (b) general liability insurance appropriate to cover the rental use in the aggregate of not less than $1 million or proof that the Registrant conducts rental transactions through a hosting platform that provides equal or greater coverage. Any such hosting platform- 7 Vo/. / kq 92 / 2024-385 LR 1722 291 SOUTH BURLING-ION RLSIDLNTIAL RI NI \I_ RLGISTRl ORDIN;\NCL \DOOl' I LI) I I-1110 \Ia 2( . 202 } requirements of Section 5(c), above, and may be registered as a Short Term Rental provided: i. Ownership of the Existing Short Term Rental Unit does not change. Once ownership of the Existing Short Term Rental is sold or transferred from the owner of the unit at the time the effective date of this Ordinance to a different entity or individual(s), the Rental Unit shall no longer be allowed to register as a Short Term Rental unless all other Short Term Rental Unit requirements of this Ordinance are met; and ii. The Existing Short Term Rental Unit is established and utilized as a Short Term Rental prior to and upon the effective date of this Ordinance; and iii. An Existing Short Term Rental shall not cease to be utilized as a Short Term Rental for a period of time greater than six consecutive months. If use of an Existing Short Term Rental Unit as a Short Term Rental is discontinued for six months or more, the Rental Unit shall no longer be allowed to register as a Short Term Rental unless all other Short Term Rental Unit requirements of this Ordinance are met. iv. Sunset. Existing Short Term Rentals that meet the requirements of this Ordinance may continue to operate and be registered as a Short Term Rental until March 31, 2028. On April 1, 2028, the exception allowing for the operation and registration of Existing Short Term Rentals shall expire and from that point forward, all Existing Short Term Rentals must satisfy all of the requirements of Short Term Rental Units set forth in this Ordinance, including but not limited to Section 5(c), above. (e) Registrants shall comply with all applicable State laws and regulations regarding Short Term Rentals. (f) Short Term Rentals must be serviced and cleaned before each new guest arrives and guests must be provided with soap, clean linen, and sanitized utensils. (g) Registrants shall provide guests written documentation with the following information: 1) The name, phone number, and email of the Registrant and, if not the Registrant individually, an emergency contact within Chittenden County who is available at all times during a guest's rental. 2) Contact information for the City Fire Marshal. 3) Written instructions on the location and use of fire extinguishers 4) Written instructions on emergency shut-off of heating systems and fuel burning appliances 5) A diagram identifying emergency egress routes 6) A copy of South Burlington's Public Nuisance Ordinance. (h)No pets are permitted in any Short Term Rental unless guests provide proof of valid rabies vaccine and hosts provide information on the City's leash and pick- up/disposal of pet waste requirements and the presence of ticks in Vermont. (i) Display of Short Term Rental Registration Number Required. Once registration is approved by the City, each Short Term Rental shall be given a registration number, 9 Vo/. / d.& 2024-385 LR 1722 293 SOUTH BURLINGTON RLSIDCNTI;AL RLNTAL REGISTRY ORDINANCL ADOI'I I I) I-L13Rl ARI 20, 2024 7. Enforcement. Any person who violates a provision of this civil ordinance shall be subject to: (a) Suspension or revocation of the Short Term Rental Unit registration for the violating Rental Unit. A Short Term Rental Unit that has had its registration either suspended or revoked may also be prohibited from renewing or registering the Rental Unit for a period of up to 12 months following the current registration expiration date. AND (b) A civil penalty of up to $800 per day for each day that such violation continues. Each day the violation continues shall constitute a separate offense. The Building Inspector, City Fire Marshal, South Burlington Police Officers, South Burlington Zoning Administrator, and the South Burlington City Manager shall all be designated and authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau, or other court having jurisdiction, a municipal complaint. 8. Civil Penalty: Waiver Fees. (a) Civil Penalty. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: (1) Operating a Rental Unit Without Authorization or Registration Number: $800 (2)All Other Violations: First Offense: $400 Second Offense: $600 Third Offense: $800 Fourth and Subsequent Offenses: $800 plus automatic revocation for twelve (12) months before a new Long Term or Short Term Rental Registration Application may be submitted. (b) Waiver Fee. An Issuing Municipal Official is authorized to recover waiver fees, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: (1) Operating a Rental Unit without authorization or registration number: $500 (2)All Other Violations: First Offense: $100 Second Offense: $250 Third Offense: $500 11 Vo / jasj� 9a8 2024-385 LR 1722 295 SOUTH BURLINGTON RESIDENTIAL RENTAL REGISTRY ORDINANCE ADOI'l ID I LBRUAR1 2024 [THIS SPACE INTENTIONALLY LEFT BLANK] Adopted at South Burlington, Vermont this 2A{day of ftbrvwn{ , 202.`t SOUTH BURLINGTON CITY COUNCIL :4(1,0kt- ;Pa-Li( Hele .Riehle, Chair Meaghan E ice Cha. Tim Barritt, Clerk Andrew Chalnick \11 -1k7.-1,-.„ Larry Kupferman Received and recorded this a.day of 9, 2024. Holly Rees, ity Clerk 13 EN OF DOCUMENT