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TC Ord. No. 22-08 Amending Sections 3.12.020, 5.04.050, and 5.04.110 of the Avon Municipal Code Concerning Short Term Rental Licenses. vo n C OI OR A DO ORDINANCE NO.22-08 AMENDING SECTIONS 3.12.020, 5.04.050, AND 5.04.110 OF THE AVON MUNICIPAL CODE CONCERNING SHORT TERM RENTAL LICENSES WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council of the Town of Avon ("Council") finds that interest and investment in Short Term Rentals has increased in the Town of Avon as well as increased generally in numerous other mountain resort communities, and that such increase in Short Term Rental use has reduced the stock of residential housing available for long-term rentals, thereby exacerbating the lack of local work force housing while increasing the impacts of an accommodations use; and WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals and strategies to promote the availability of Community Housing in Avon, including the adoption of regulations and fees for Short Term Rentals; and WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum management requirements for short term rental use is necessary to promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Sections 3.12.020, 5.04.050 and 5.04.110. Sections 3.12.020, 5.04.050 and 5.04.110 of the Avon Municipal Code is hereby amended as set forth in Exhibit A: Section 5.04.050 Short Term Rentals. Ord 22-08 Short Term Rental Licenses July 26, 2022 — Second Reading Page 1 of 3 Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter, provided that the date for compliance with new STR License and RO-License fees, Minimum STR Management Requirements, and other aspects of Section 5.04.050, shall be November 1, 2022. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 22-08 Short Term Rental Licenses June 28, 2022 — First Reading Page 2 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 28, 2022 and setting such public hearing for July 26, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: Sarah Smith Hymes, Mayor ATTEST: da Torres, Deputy Town ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 2022. BY: Sarah Smith HymLe's, Mayo APPROVED AS TO FORM: 4�/X "-" Hn,own Attorney Ord 22-08 Short Term Rental Licenses June 28, 2022 — First Reading Page 3 of 3 ATTEST: , Nj/' Brenda Torres, Deputy Town C(k'. -SEAL EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE TITLE 3.12 REAL PROPERTY TRANSFER TAX 3.12.020 - Definitions is hereby revised by deleting language in strike -out and adding language in double underline. 3.12.020 - Definitions. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a primary residence. For purposes of subsection (17)—(19), occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the buyer's application for exemption. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent, portions of the residence provided that such person continues to occupy and use the residence as a primary residence and provided that RO-STR use is allowed and that there is a valid RO-STR License in accordance with Section 5.04.050. Primary residence status may be maintained if unforeseen circumstances arise that requires the buyer occupant to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the buyer occupant leases the residence in their absence to an Eagle County employee(s), and the buyer occupant receives written approval from the Town Manager. TITLE 5 BUSINESS TAXES, LICENSES and REGULATIONS 5.04.050 Ad_yP_ +ig_emen4 of Arnnmmodations hort Term Rentals 5.04.050 Short Term Rentals is here by repealed and re-enacted in its entirety to read as follows: 5.04.050. Short Term Rentals (a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term Rental License shall serve as the Business License for a residential unit. Failure to obtain and continuously maintain a Short Term Rental License while operating a residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04. (b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (1) Front Desk or Manager means any arrangement where a property has an on -site 24-hour front desk or a manager arrangement that manages multiple residential units on the same rp operty. (2) Resident Occupied Short Term Rental means any residential property for which a full-time resident resides at such residential property as that resident's Primary Residence, as defined in Section 3.12.020, and for which a portion of the residence including other bedrooms, but not the entire residence, is rented for fewer than 30 consecutive days. (3) RO-STR License means a license to operate a Resident Occupied Short Term Rental. (4) STIR License means a license to operate a Short Term Rental or Resident Occupied Short Term Rental. (5) Short Term Rental means any residential property for which the entire residence is rented for fewer than thirty (30) consecutive days and is assessed as residential property by the Eagle County Assessor. (c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The Short Term Rental License Fee shall be paid annually. License options shall be as follows: (1) Resident Occupied Short Term Rental: $150 (2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom on the property that is used for short term rental. (3) Short -Term Rentals: (i) Studio or One Bedroom: $350 (ii) Two Bedroom: $400 (iii) Three Bedroom: $450 (iv) Four Bedroom or Greater: $500 (d) Minimum STIR Management Requirements. The following Minimum STIR Management Requirements shall be continuously met by an STIR License holder, including a RO-STR License holder, and the failure to continuously meet these minimum management requirements shall be deemed a violation of this Chapter and grounds for denial, suspension, or revocation of a STIR License under this Chapter 5.04. The STIR License holder shall sign an affidavit each year upon obtaining an STIR License and renewing such license that shall affirm compliance with these Minimum STIR Management Requirements: (1) Management Contact. The STIR License Holder shall communicate current contact information for a Management Contact person to all renters who shall be available to EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE respond to urgent matters, such as water leaks or heating malfunction. The contact information shall include a cell phone number and email address. The designated Management Contact shall be available to respond to any renter within four (4) hours by phone or email and shall be available to respond in person, or cause a designee or agent to respond in person, within twenty-four (24) hours. (2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers as required to meet minimum building codes for transient occupancy. (3) Maximum Occupancy. The maximum occupancy for any STR License and RO-License shall be two (2) persons per bedroom and loft area plus two (2) persons. (4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must be cleaned on an annual basis. (5) General Maintenance. The STR License holder shall continuously maintain the property in a manner that is fit for occupancy by visitors, including but not limited to all plumbing, electrical, heating and cooling, and operation of doors and windows. (6) Parking. The STR License holder shall provide a legal off-street parking space to serve the STR License which meets the parking requirements of a Development Plan approved by the Town of Avon or meets the minimum parking requirements set forth in the Avon Development Code. (7) Trash and Recycling. The STR License holder shall provide service for trash and recycling removal and/or access to trash and recycling removal which is located on the property where the STR unit is located. (8) Noise. The STR License holder shall communicate to rents that noise which is disturbing to occupants in other neighboring residential units is not permitted before 8 am or after 10 (9) Nuisances. The STR License holder shall communicate to renters that nuisances will not be tolerated, including but not limited to odors, smoking, and barking dogs. (10) Accurate Representation. The STR License holder shall accurately represent the residential unit and associated amenities to rents, including but not limited to size or type of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to common amenities provided on, or with, the property where the STR is located, (11) Renter Information. The STR License holder shall provide to renters the information and rules in this section, the STR License number and such other minimum information as the Town may determine appropriate for Minimum STR Management Requirements. (e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE comply with all other Minimum STR Management Requirements. Additionally, a RO-STR License holder must designate by name the resident or residents that reside at the property as their Primary Residence, as defined in Section 3.12.020, and such designated residents must be Physical in residence for a portion of each of day that there are short-term rental occupants at the residence. (f) Advertisement of accommodations. Every property owner providing any room or rooms used for STR for a duration of fewer than thirty (30) consecutive days shall obtain and maintain an STR License or RO-STR License prior to advertising such STR. The failure to obtain a business license prior to advertising such STR shall be a violation of this Chapter. Advertisement shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or rent the property for consideration. Any advertisement of STR shall prominently display the Avon business license number in the advertisement as, "Avon STR License No. [insert numberl". The failure to Prominently display the Avon business license number in any advertisement of STR shall be a violation of this Chapter. (g) [RESERVED (adopted by Ordinance No 22-09)1. (h) Administration of Short Term Rental Licenses. The Community Development Department shall review license applications and license renewals for STRs and RO-STRs and provide verification to the Finance Director that licenses meet the Minimum STR Management Requirements for STR Licenses, RO-STR Licenses and all relevant provisions of Business Licenses generally. The Community Development Department shall have the authority to create and adopt application forms, procedures for registering complaints, and such additional rules and regulations as may be required to implement and efficiently administer STR Licenses and RO-STR Licenses. (i) Complaints and Violations. The Community Development Department shall receive complaints concerning Short Term Rentals including any violations or non-compliance with the requirements of this Section. The Community Development Department shall investigate complaints and provide recommendations to the Finance Director if non -action, a warning, a fine, denial, suspension or revocation of an STR License is appropriate. In all cases, the complaint shall be communicated to the STR License holder. The procedures and criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for revocation of an STR License. The provisions set forth in Chapter 5.04 Business Licenses generally for violations, penalties and enforcement shall apply to STR Licenses. 5.04.110 Revocation — Causes — Notice And Hearing. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE 5.04.110. Revocation —causes —notice and hearing is hereby revised by deleting language in strike -out and adding language in double underline. 5.04.110. Revocation —causes —notice and hearing. (a) A business license, including an STR License and RO-STR License may be revoked for the following grounds: (1) Fraud, misrepresentation or false statement contained in the application of the license; (2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed business; (3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of Avon; (4) Cnr Venrdnrc cnlinitnr6 and peddlers: fFailureFer vendors enlinitOre and peddlers: failure- to comply with the ve>ndeF vendeFregulations or the terms of a ,%ter vender license er+ if 4; (5) For vendors, seliGiters and peddlers: aFer vendors, 69"G ters, and : An violation of the ordinances of the Town involving moral turpitude; (6) Conviction of any crime or misdemeanor by a license holder moral turpitude; or, (7) Conducting business in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. (b) The Finance Director may revoke a business license, including a STR License and RO-STR license, in accordance with the following procedures: (1) The Finance Director shall submit a written notice of revocation to the business licensee, stating the following: (i) The grounds for revocation; (ii) Requesting information if necessary; (iii) Stating corrective action if applicable and appropriate; (iv) Stating the appeal rights of the business mess licensee; (v) Identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) Stating that conduct of business without a business license shall be a violation of this Chapter. (2) Written notice shall be sent by U.S. first class mail to the address provided in the business license application. Notice shall be deemed given on the date that notice is deposited in the U.S. mail. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (c) The Finance Director may immediately suspend a business license, including an STIR License or RO- STR license pending a written notice of revocation if the Finance Director has that reasonable grounds to believe that the business licensee has failed to comply with any regulation and that the violation creates an immediate threat to the health, safety and general welfare of the Avon community. (d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and in accordance with procedures set forth in Section 5.04.120.