Loading...
HomeMy WebLinkAbout24-3773 OrdinanceORDINANCE NO. 24-3773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: AMENDING THE CODE OF ORDINANCES, CITY OF PLAINVIEW, CHAPTER 4, BY ADDING ARTICLE 4.14 TITLED "SHORT-TERM RENTALS", WHICH REQUIRES A PERMIT FOR THE OPERATION OF A SHORT-TERM RENTAL, PROVIDES FOR PERMIT DENIAL AND REVOCATION STANDARDS AND AN APPEAL, AND REQUIRES SHORT-TERM RENTALS TO PAY HOTEL OCCUPANCY FEES TO THE CITY; AMENDING THE MASTER FEE SCHEDULE IN APPENDIX A TO CREATE A SHORT-TERM RENTAL PERMIT APPLICATION FEE; PROVIDING AN EFFECTIVE DATE, PENALTY, REPEALER, AND SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the proliferation of short-term rentals being operated within the City of Plainview has increased; and WHEREAS, in order to preserve the health, safety, and welfare of local homeowners, neighborhoods, citizens, and visitors to Plainview, the City Council of the City of Plainview believes that the institution of a short-term rental registration program is necessary. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: (Note to codifier: In this code, defined words and some subsection headings are underlined for style. Therefore, in this ordinance, regular textual additions are indicated with a single underline: textual addition. Textual additions that should be underlined for style are identified with a double underline: textual addition that should be underlined for style.) SECTION 1. The Code of Ordinances, City of Plainview, Texas, Chapter 4, is amended to add ARTICLE 4.14 SHORT-TERM RENTALS to read as follows: ARTICLE 4.14 SHORT-TERM RENTALS § 4.14.001 Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent. A person designated in writing by the short-term rental operator in lieu of themselves as the 24-hour emergency contact for a lawfully operating short-term rental. OperiWr Any person who operates a short-term rental, Owner The person or entity that holds legal or equitable title to the real property where a short-term rental is located. Ordinance No. 24-3773 Page 1 of 4 O Short-term rental. A residential dwelling unit or portion thereof that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days. Short-term rental rmi . A permit issued by the city that identifies the address of the subject property as a lawful short-term rental, the short-term rental permit number, the names and contact information of the owner, operator, and agent, if applicable, and a 24-hour emergency contact phone number for all of the preceding persons. § 4.14.002 Short-term rental permit required. (a) It shall be an offense for an owner, operator, or agent to operate a short-term rental without a permit obtained from and authorized by the City of Plainview. (b) A permit issued under this section may not be transferred and does not convey with the property upon sale. (c) A permit issued under this section expires after one year. § 4.14.003 Application. (a) Each application for a short-term rental permit shall be accompanied by a non- refundable application fee in the amount designated in the master fee schedule. Each application shall include the following information: (1) A list of all owners, operators, and agents (if applicable) of the short-term rental, including names, current mailing addresses, current email addresses, and current telephone numbers. Each premises owned by a business entity shall include information for the responsible party. (2) The name, address, and 24-hour telephone number of a local contact who is the owner, operator, or designated agent and who shall be responsible and authorized to respond to complaints concerning the short-term rental within one hour or less. (3) An acknowledgment that any permit granted under this article does not supersede any property -specific restrictions against short-term rentals under law, agreement, lease, covenant, or deed restriction. (4) Any other information required by building official. § 4.14.004 Permit denial and revocation. (a) The building official, or designee, may determine that a permit required under this section should be denied or revoked for the reasons set forth below. The building official, or designee, shall provide written notice of the denial or revocation of the permit to the applicant, detailing the reason for the denial or revocation of the permit, and a statement informing the applicant of its right to appeal the denial or Ordinance No. 24-3773 Page 2 of 4 revocation of its permit to the city manager, or designee, whose decision will be 411 final. All appeals must be filed with the city secretary within 10 days of the denial or revocation. (b) Denial of permit. The application shall be denied, and no permit shall be issued, if the City finds that: (1) Any statement made in the application is incomplete, inaccurate, misleading, or false; or (2) The applicant has not complied with this article or has had a history of noncompliance with the provisions of this article. (c) Revocation of permit. The City may revoke a permit due to the applicant's failure to comply with permit requirements, this article, or any applicable federal, state, or local law or regulation. § 4.14.005 Hotel occupancy tax payment required. (a) An owner, operator, or agent operating a short-term rental for use shall assess and collect the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code_ (b) An owner, operator. or agent operating a short-term rental for use shall timelv remit to the City of Plainview accounting department, or designee, all city hotel occupancy taxes collected pursuant to state law. SECTION 2. The Code of Ordinances, City of Plainview, is hereby amended by amending Appendix A "Master Fee Schedule" as follows: § A.001. Master fee schedule. CHAPTER 4. BUSINESS REGULATIONS Code Section Description Fee 4.14 Short-term rentals 4.14.003(a) Application 100 SECTION 3. Effective Date. This Ordinance shall take effect on January 1, 2025, but all persons required by this Ordinance to obtain a permit are hereby granted a grace period of 60 days from January 1, 2025 to comply with the provisions of this Ordinance. SECTION 4. Penalty. A violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with state law and Section 1.01.009 of the Code of Ordinances of the City of Plainview. Ordinance No. 24-3773 Page 3 of 4 412 SECTION 5. Repealer. All other terms and provisions of the Code of Ordinances, City of Plainview, Texas, not in conflict herewith and not hereby amended shall remain in full force and effect. SECTION 6. Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 7. Publication. This ordinance shall be published as required by law. Passed and approved on first reading this 12th day of November, 2024. Passed and approved on second reading this 101h day of December, 2024. ATTEST: / d /-x Belinda Hinoj a, ity Secretary APPROVED AS TO CONTENT: Jeffrey cyder, OiWManager APPROVED NS TO FORM: L"()- City Attorney al Charles St tn ayor 1 Ordinance No. 24-3773 Page 4of4