Chapter 9.38 REGULATING SHORT-TERM RENTALS

9.38.010 Purpose—Findings and Determinations.

The City Council finds and determines that the City has received

numerous complaints related to short-term rentals, including, but not

limited to, excessive noise, disorderly conduct, illegal parking,

vandalism, overcrowding, traffic congestion and excessive accumulation

of refuse. The City Council further finds and determines that these

adverse impacts are related to the transitory nature of the occupants of

9.38.020 Definition.

“Short-term rental” means the rental of any structure or any portion of

any structure for occupancy for dwelling, lodging or sleeping purposes

of 30 consecutive days or less in the City, including single-family or

duplex units. (Ord. 2006-05)

9.38.030 Permit Required/Penalty.

Any short-term rental shall obtain a short-term rental permit pursuant

this chapter. Any person operating a short-term rental without a permit

shall be guilty of a misdemeanor. (Ord. 2006-05)

1. Applicants shall submit an application for a short-term rental permit

to the City of Encinitas each year for each unit. The application for a

permit shall be accompanied by a nonrefundable application fee as

established by the City Manager; however, the fee shall be no greater

than necessary to defer the cost incurred by the City in administering the

provisions of this chapter. Although the applicant may be the property

owner or the property owner’s agent, the property owner shall be the

party responsible for compliance with all provisions of this chapter and

all of the laws regulating short-term rentals.

2. Upon change of property ownership or material fact, a new

the permit, or fails to demonstrate the ability to comply with the

Encinitas Municipal Code and other applicable law.

4. Any false statements or information provided in the application are

grounds for revocation and/or imposition of penalties, as outlined within

this chapter.

B. Operational Requirements.

1. Applicants shall use “best efforts” to insure that the occupants and/

or guests of the short-term rental unit do not create unreasonable noise

or disturbances, engage in disorderly conduct, or violate provisions of

the Encinitas Municipal Code or any applicable law pertaining to noise,

to noise, disorderly conduct, overcrowding, the consumption of alcohol

or the use of illegal drugs, respond in a timely manner within two hours

of the time the initial call (complaint) was made, and within 24 hours of

the initial call use best efforts to prevent the recurrence of such conduct

by the occupants and to take corrective action to address any violation.

Failure to respond timely to two or more complaints regarding tenant

violations is grounds for penalties as set forth in this chapter. It is not

intended that the property owner, local agent or contact person act as a

peace officer or place himself or herself in an at-risk situation.

3. The property owner or agent shall limit overnight occupancy of the

short-term rental unit to a specific number of occupants not to exceed

two persons per bedroom plus one additional person per dwelling. All

other applicable occupancy laws shall apply.

6. Trash and refuse shall not be left or stored within public view

except from sunset of the day prior to trash pick-up until up to midnight

on the day designated for trash pick-up. All trash will be in approved

receptacles pursuant to Section 11.20.090 of the Encinitas Municipal

Code.

7. The City Manager or his/her designee shall have the authority to

impose additional standards and/or conditions to short-term rental

permits as necessary to achieve the objectives of this chapter.

8. Interior Display of Short-Term Rental Permit. Applicants shall affix

the short-term rental permit on the inside of the main entry door of each

display on the exterior of a short-term rental unit, a notice provided by

the City containing a 24-hour, seven-day phone number for a private

party responsible for the facility to take complaints regarding its

operation. The exterior display will also contain the number of

bedrooms, maximum number of overnight occupants permitted to stay in

the unit, and the maximum number of vehicles for overnight occupants.

The notice shall be in plain view of the general public and/or common

areas and shall be maintained in good condition at all times.

prospective renters, prior to their occupancy of the unit.

12. The operational requirements may be modified by the City

Manager based on site-specific circumstances for the purpose of

allowing reasonable accommodation of a short-term rental. All requests

must be in writing and shall identify how the strict application of the

operational requirements creates an unreasonable hardship to a property,

and if the requirement is not modified, reasonable use of the property for

a short-term rental would not be allowed. Any hardships identified must

relate to physical constraints to the subject site. Such hardships cannot

be self-induced or economic. In addition, any modification to the

imposed, or the penalties imposed and permit suspended:

1. The property owner has failed to comply with the standard

conditions pursuant to this chapter; or

2. The property owner has failed to comply with additional conditions

imposed by the City Manager pursuant to the provisions of Section

9.38.040B7; or

3. The property owner has violated any provision of this chapter; or

4. The property owner has failed to pay applicable taxes or fees.

B. Penalties. The penalties specified in subsection A of this section

shall be as follows:

shall be suspended, only in the manner provided in this section.

A. The City Manager shall cause an investigation to be conducted

whenever there is reason to believe that a property owner has failed to

comply with the provisions of this chapter. Should the investigation

reveal substantial evidence to support a finding that a violation occurred,

the investigator shall issue written notice of the violation and intention to

impose a penalty, or penalty and suspend the permit. The written notice

shall be served on the property owner and operator or agent and shall

specify the facts which in the opinion of the investigator, constitute

substantial evidence to establish grounds for imposition of the penalties,

B. If the owner requests a hearing within the time specified in

subsection A of this section, the City Clerk shall serve written notice on

the owner and operator, by mail, of the date, time and place for the

hearing which shall be scheduled not less than 15 days, nor more than 45

days of receipt of request for a hearing. The City Manager or his/her

designee shall preside over the hearing. The City Manager or his/her

designee shall impose the penalties, or penalties and suspend the permit

only upon a finding that a violation has been proven by a preponderance

of the evidence, and that the penalty, or penalty and suspension are

consistent with this chapter. The hearing shall be conducted according to

issuance of any permit pursuant to this chapter shall not relieve the

property owner of the obligation to comply with all other provisions of

this Code pertaining to the use and occupancy of their property.

9.38.100 Private Actions to Enforce.

Nothing herein shall be deemed or construed to create any right of action

against the City or any of its officers, employees, or agents. The sole

purpose and intent of this section is to create a right of action between

private parties, entities and interests, which are or may be impacted or

affected by various aspects of short-term rentals within the City.