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HomeMy WebLinkAbout2023 08-09 PC PACKETCITY OF GEM LAKE Heritage Hall. 4200 Otter Lake Road I Gem Lake, MN 55110 - 651447-2.7901921651-'747-2795 (fax). x� - E-mail city@genflakernn.org Planning Commission Meeting —.August 9, 2023 CAII to Order of Plan ning Commission Meeting: By :Chair Joshua Patrick at 7: p.m. Call :of Roll Patrick Farrell Cummings Pratt Wipp.ich Approve and. Accept Agenda and Minutes Accept.the Agenda for the... August 9, 202.3 Planning Commission Meeting • Approve the Minutes from July 11, 2023 Planning Commission Meeting Public Hearings • None Old Business Final Review of Revised Nuisance Ordinance No. 86 .' �. Final Review of New Clandestine Drug Lab Ordinance No. 1.43 o final Review of New Traffic and Vehicles. Ordinance No. 144 New Business Short Term Rental Discussion Open Items for Commission Members to Bring Up Future Meetings • Next City Council .Meeting, Tuesday,. August 1.5,,2423 ■ Next Planning Commission Meeting, Tuesday; October 10, 2023. Tuesday, September 12, 2023 Meeting has been.. CANCELED. o Attendance Inquiry Adjog rnment—The meeting adjourned at City of Gem Lake. Planning Commission Meeting—duly.1.I, 2023 fleeting Minutes Planning Codmiission.ChairJoshua Patrick called 'the :meeting to order at 7:17.p.m. Commission Members Art Pratt and.. Stephanie. .Farrel1. were. present. Not presentWere.Derek: Wippich and Don Cummings.. Also present: City Attorney Kevin Beck, %City. Planner Evan: Monson, Planner Intern. Cal Ii.Jean. S.ycks, and. Acting City Clerk Melissa: Lawrence. July I I, 2023 A motion was made by Commissioner Pratt:to accept the agenda, seconded by Commissioner Farrell. Voice vote taken, all voted yes, motion passes, agenda accepted. Minutes A. motion was made by Commissioner Farrell to approve the June:13., 2QU, Planning Commission Meeting minutes; seconded by Commissioner Pratt. Voice vote taken, all voted yes, motion passes, minutes are approved. Public Hearings None Old Business Discussion of nuisance Ori3inanee No. 86 City Planner Evan Monson..believes...diat the Commission. has touched on every inch: of the current ordinance and. as long as the. Cotiiniission.. has no additional requested changes he will submit a redIined copy at the August Planning.Commission sheeting when more members will he present. The.Commission wiIi then: suggest the Council iipprove based on the. City Planners recommendations. New. Business Discussion of New Clandestine.Drug.Lab Ordinance No. 1.443 City Planner Evan Monson removed the drug lab section from. the Nuisance ordinance and created its own standalone ordinance. The new ordinance will be discussed at the August Planning Commission meeting when mare .members will be. present. The Commission will.then suggest the Council approve based on the City Planner's recommendations. Discussion of New Traffic and Vehicles Ordinance No..I44 City Planner Evan Monson removed the sections regarding vehicles..frosn the Nuisance ordinance and created its own. standalone ordinance: The. new ordinance will bc. discussed at the Augus .Planning Commission meeting when more members will be present,. The Commission will. then.suggestthe Council approve. based on the City Planner's recommendations. August Meeting Date Discussion Acting City Clerk Melissa Lawrence informed that Commission thatthere.will be ito election taking place on Tuesday, August 8, 2023 so the meeting could be changed from Wednesday, August 9, 2023 back to Tuesday, August K 2023. if they would prefer. The Corn mission wouid like to leave the meeting'date as scheduled. for Wednesday, August 9,.2.023 :as. that.is what. has been posted since. the beginning oftlie year. September Meeting Cancellation discussion Due to the Commission Chair and City -Planner not being in attendance at the September 12,.2023 Planning Commission meeting the Commission would like to cancel the September meeting, Commission Member Pratt. introduced a motion to cancel the September .12, 2023 Planning. Commission. meeting unless a public. hearing comes up, 'seconded .by. Conimission Member Farrell. Voice: Vote. taken, ali voted y.es, motion passes, September. Planning Commission meeting is. canceled.. City of Gem Lake Planning Commission Meeting Minutes July 1), 2023 Open Items for Commission Members to Brine Up None Future -Meetings City Coundi.l Meefing, Tuesday, July.18, 2023 at Heritage: Hall, and Planning Commission:lvleeting, Tuesday, August 9, 2023 at Heritage Hall. Attendance inquiry Commissioner Chair Patrick surveyed the Commission to see ifany of the members would have any issues attending the. AuguSt 9., 2023 meeting. At this time those in attendance have no scheduling conflicts with. the scheduled August meeting.. Adjournment Being there no. further business, following a:motion from Commissioner?rate, seconded. by Commis.si❑.ner Farrell,. the meeting adjowned.at 7:38 p,rn. Respee f illy submitted, Alklissa Lawremce City of Gem Uke.PlamiingCommissiori Meeting Minutes duly I 1,20B 2 1";; From: Don Cummings To: Melissa Lawrence. Cc: Ark P—=—; Derek Wiooich; Joshua Patrick: Stephanie Farrell; Kevin Beck; Evan Monsdn subject: Re; COMMENTS August 9, 2023 Planning Commission Meeting Date: Tuesday, August:8, 2023 6.33.44 PM Caution: This email originated outside our organization, please use -caution. Hello to all, NEWLYREUSED.NUISANCE ORDINANCES: YES A long -planned bicycling trip will prevent the from attending this week's meeting.. I'm sorry to miss the "grand finale" of so much discussion and behind the scenes work on the review and restructuring of the city's nuisance ordinance. As Evan Monson summarized in the minutes, "the Commission has touched on every inch of the current ordinance." This has bwi. a good example of the combined benefits of a new k by a few of us,. the. great value of the historical e�rspective brought by Art and Derek, and the. professional guidance we received from Evan and .Kevin. The results that Evan is presenting tonight are a real improvement. in the organization and clarity of the regulations.; especially now that the. ordinance has. been logically. separated. into the new Ordinances #&G, #143, and #144. [ think the work meets the City Counci l's expectations. The only final question -- which I think might have been answered at the last meeting -- is does this effort help better meet the needs of Mike Johnson; Me]issa, and Kevin related to enforcement and communications with.residents?If they're happy., I fully support the vote of the quorum regarding advancing the revisions to the City Council. SHORT TERMAENTALS":.NO (At least antil afier.nzuch more discussion.) I.:think the: "bloom is off the rose" as far as celebrating. the "disruptive market. innovation" of short term. rentals in residential areas. In my opinion; short term rental is itself a disruptive business if located. in residential districts unless heavily regulated, It is, of course, avoiding the lodging regulations required. in commercial districts developed over decades (maybe centuries?) that drove the: attractions of trying to offer similar commercial services in residential. districts. Given the size. of the .Gein Lake; .I think it's unrealistic to think we. could :adequately or cost.. effectively regulate short term rentals to the.satisfaction of residents that may be impacted by short term rentals in their neighborhoods. I think we should consider formalizing some. sort of rnoratoriurn.on short term rentals. Following -that should be more discussion and public input. Thanks for taking so3ne. extra time to read this. I appreciate the opportunity to work with all of you? Don Cummings CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA ORDINANCE NO.86 AN ORDINANCE DEFINING NUSIANCES, PROHIBITING THEIR CREATION OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS; Section 1. Public Nuisance Defined. A public nuisance is a thing, act, or use of property which shall: I. Annoy, injure, or endanger the health, safety, comfort, or repose of the public; 2. Offend public decency; 3. Unlawfully interfere with the use of or obstruct, or tend to obstruct or render dangerous for passage, a public water, park, square, street, alley, or highway; 4. Depreciate the value of the property of the inhabitants of the City of Gem Lake or of a considerable number thereof; or 5. In any way render the inhabitants of the City of Gem Lake, or a considerable number thereof, insecure in life or in use of property. Section 2. Definitions. I. ''he term "City" as used herein means the City of Gem Lake. 2. yncil„ as used herein rneans the CiZ Ct7. ;!J_Q.f the_C'ern_ Lake. 3. !'he tens "yefsienPerson" as used herein includes any person, firm, or corporation;; and the singular shall include the plural. 2A. "Portable Stora eg / Disposal Container Unit" shall mean any enclosed or open container constructed of any material used for ternTorary or long, term storage of personal property or any container used to dispose of solid waste, construction debris, or any other refuse. X5. Where references are made herein to particular officers, councils, boards, or agencies, such officers, councils, boards, or agencies are those of the City of Gem Lake. Section 3. Public Nuisances. The following are hereby declared to be public nuisances, affecting health, safety, comfort, or repose: eroa�-se s of animals net buried of dest rev ediwithin 24 hourss afteF death: �. r firbb4A+, 6 I. Pr+YY YoultsDumpsters and garbage cans which are not fly -tight; 72. Dumping the contents of any cesspool, privy vault, or garbage can, except at places authorized by law; &3. All noxious weeds that have grown to a height of six 6 inches or greater and other rank growth; 4. An accumulation of riihbish_ man. ure, tin cans, bottles, or trash or debris of any nature or description; and the throwing, dumping, or depositing of any dead animals, manure, garbage, waste, decaying matter, Nuisance Ordinance No 86 ground, funk, junk vehicles or machinery, sand, stones, ashes, rubbish, tin cans, or other materials of any kind on private property; thy. Exterior Stora a not adhering to Cit • Ordinanccs. 44.-6TDense smoke, noxious fumes, gas, and soot or cinders in unreasonable quantities; 7. Trades, businesses, or Home Occupations not adhering to City Ordinances. 4 4--8- Offensive trades and businesses, as defined by statute or ordinance, not licensed as provided by law; 4-3.-9_The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person by someone properly licensed; and 44 10. All other acts, omissions of acts, occupations, and uses of property which are deemed by the board of health to be a menace to the health of the inhabitants of the City or a considerable number thereof. 11. All gambling devices, slot machines, and -punch boards,. betting, bookmaking, and all apparatuses and busine5SC5 used in such occupations, except where permitted by law. tL 1]eiti__.. L.....L.,,.,1 lag d all a re4Hses ed i eh n ,.at:. ns! �12. All g souse. of 01-1 1-me and bawdy h,,usesAdult Uses in violation of City Ordinances. 4&13_A! 1 p laces where imexieating liqueFs are se 1d, baAeFed, PF given away 4 Ft vie Ia4i . beverai sePlaces used For the manufacturing�sellin, storage, transpurtation, consumption, and distribution of intoxicating liquor_ except where permitted by law; 29,14. All indecent or obscene pictures, books, pamphlets, magazines, newspapers, and billboards; 2, The pub! 0e use of profane ., obsoena language-; 2-3:15. The looking into or peeping through doors, windows, or openings or private homes by methods of stealth and without proper authority and by surreptitious methods, or what is commonly known as "window peeping'; and 2J.16. All other things, acts, omissions, or occupations that may be considered detrimental to the moral wellbeing of the inhabitants of the City or a considerable number thereof. 17. All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be deposited thereon; ;mil S. Storage of snow brought in from locations beyond the boundaries of the subject property on which it is stored. 2+19. All wires which are strung less than fifteen (15) feet above the surface of any public street or alley; Nuisance Ordinance No 86 2H:20. All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to an extent exceeding one half their original value, or which are so situated as to endanger the safety of the public; 27-.21. All explosives, inflammable liquids, and other dangerous substances of materials stores or accumulated in any manner or in any amount other than that provided by law or ordinance; 2&22. All use of display of fireworks, except as provided by law or ordinance; 24:23. All . noises and vibrations that exceed the noise pollution standards_ found in Minnesota State Statutes Chapter 7430; 39s24. All buildings, and all alterations to buildings, made or erected in violation of building code or fire ordinances concerning manner and materials and construction; 34�25. Obstructions and or excavations affecting the ordinary use of the public of streets, alleys, sidewalks, or public grounds, except under such conditions as are provided by ordinance, and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such manner as to attract minor children; 3.L26. 1,i gh t i ny that is in violation of C ity Ordinances. 3-3.-27. Radio aerials strung or erected in any manner, except that provided by law or ordinance; 34 ThO ril:.,.. er,.r:n., F keeping of'..Id n .,bine. y.NyFeelied s «Lod vehicles and ..therj n jehf:; I K or any use of a pub! Pe stfeet or- sidewalk. wkie* 34.28. All hanging signs, awnings, and other similar structures over public streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance, or without proper permit; 3-729. The allowing of rain, water, ice, or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk; 34,30. All dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or operated on private property as to attract minor children; 34-.31. The distributing of handbills. except as provided by law or ordinance; 40:32. Throwing, dropping, or releasing printed matter, paper, or any other material objects over and upon the City from an airplane, balloon, or other aircraft, or in such a manner as to cause such materials to fall on -or land in the City; 44-.33. rl' :na on*f:an e ..ukrert% r doing any e!Obstructions which may alter or affect the drainage of public streets or alleys or the surface of grade of public streets, alleys, or sidewalks without proper permit; 42:34. Making repairs to motor vehicles or tires in public streets or alleys, excepting only emergency repairs when it will not unduly impede or interfere with traffic; 4X35. Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys, or gutters; 44-36. Erecting, painting, or placing of unauthorized traffic signs or advertising signs in streets or alleys or on sidewalks; 4-5,37. All unnecessary interference and disturbance of radios or TV sets caused by defective electrical appliances and equipment or improper operations thereof; and 38. anyana�Possessjon of, except within their own domicile, or carry, use, or discharge any air gun, "BB" gun. Nuisance Ordinance No 86 s-o rated orspring gun, or any other similar type instrument for the PmMose of throwingo-projecting missiles of any kind whatsoever, whether such instrument is called by any name set forth or any other name. a. The p rohibition above shall W ly in p riv ate grounds or premises under circumstances when such instrument can be and is fired, discharged, or operated in such a manner as to endanger persons, ra erty or wild animals or birds• and further provided that nol h i ng herein comained shall be construed to prevent the ea_rrying of an type gun whatsoever when unloaded and properly cased. b. Any person wishing to discharge any instrument referred to in Section *. 3-37 above for some special reason or purpose must secure a written permit from the City Council. 39. No property owner or person shall store on a residential property a portable storage ' disposal container unit more than thirty 30 days in any 12-month period starting with the day I date the container unit is first moved on -site. c. All portable storage 1 disposal container units must be stored on an impervious surface on the Provem. d. The City may grant a time extension of an additional sixty (60) days provided the property owner gets City Council approval for the container from the City. In no case shall a portable storage disposal container unit be stored on a property more than nines 90 days in any 12-month period. This provision applies to all residential properties including single family homes. townhouses, condominiums, and multi- family complexes. e. Portable storage_/_d_isposal container units stored on residential properties in conjunction with a b u i I d i n , permit or home im p rove mctit p ro0ect are exempt from these provisions except for the requirement to keep the container unit on an iniRgryious surface. In such case the property owner shall make every effort to adhere to a 120 day maximum time limit. f. Portable storage djt sal container units meeting the definition set forth in this Ordinance which are used for regEilar refuse and rec ycIin ick-u on commercial or industrial ro ernes shall be exempt. 46-..40. All other conditions, acts, or things which are liable to cause injury to the person or property of anyone. Nuisance Ordinance No 86 Nuisance Ordinance N❑ 86 • ohihe 1 hey' l,.-. e-en the hour-s ..-f7.ON a and- 6C-ON fioni November-1'rl,r..ugh A prll 1" os'oaeh year. , it Nuisance Ordinance No a6 Section-8 4. Curfew for Minors. I. Restrictions on Minors. It shall be unlawful for any minor under the age of sixteen (1 b) years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake between the hours of ten o'clock p.m. and five o'clock a.m. the following day. It shall be unlawful for any minor who is sixteen (1 fi) or seventeen (17) years of age to loiter, idle, wander, stroll, or play in or upon public streets, highways, roads, alleys, parks, playgrounds, public places, and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake between the hours of twelve o'clock midnight and five o'clock the following morning. Provided, however, that the provisions of this section do not apply to a minor accompanied by his or her guardian, or other adult person having the care and custody of the minor, to a minor who is upon an emergency errand or other legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place or places is connected with and required by some legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place or places is connected with a required by some legitimate business, trade, profession, or occupation in which said minor is permitted by law to be engaged. 2. Duties of Parents or Guardians. It shall be unlawful for the parent, guardian, or other adult person having charge of a minor under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake during the hours prohibited by this Ordinance; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place is connected with and required by some legitimate business, trade, profession, or occupation in which said minor is permitted by law to be engaged. 3. Minors in Amusement Places. No person, operating or in charge of any place of amusement, entertainment, or refi-eshment shall permit any minor under the age of eighteen (18) years to remain in such place during the hours prohibited by this ordinance; provided, however, that the provisions of this section shall not apply when such minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor. 2. Weeds—,%ily weeds, whether noxious "WS 1&-Affed- -hA'!aW Or R01- grOIA-He LIPOA Hn5- 10t Or par -eel Ofla" Nuisance Ordinance No 86 Nuisance Ordinance No 86 Nuisance Ordinance No 86 F�1„ .-.i'+1,o.,, „ate+„• ti. Oc n.s of the pro ..ort„• Neighbors found; 31 ...+ e,+ .ra,.wi; t.ie i.h O—RAMFORRNO,tA-t ,•....,to t OM r ..:w,i;.,ol, a. .,, �n +n i.o ...b1; ,n d s _h 1ta i-,, . ..I:...,I.lo .., two .. ad en site assessment of flip extent ..r., .,t.,.,,;.,.,t;..n M the .-ate the Nuisance Ordinance No 86 10 m M. m . M.. ■1, woo ) Expenses -icsuc -ito the eEHwFj�r'asK eee.+a; 7) Administrative fees; and j) ifthe City abates the publie health nuisanee, in addiiien te any, legal Femedy. it is entitled 40 oi— Nuisance Ordinance No 86 1 1 agai nsi4he-per . the „ Fe p say i n the raga ear that 1 axes an d sp ec ial Section 4-1r5. Enforcement. It shall be the duty of the Council to enforce the provisions of this Ordinance: and *eOrdinance, The Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this Ordinance, including the power to inspect private premises, and the officers or agencies charged with enforcement of this Ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. Section 1413-.6. Abatement of Nuisances. Procedure. Except as otherwise provided within this Ordinance, whenever the officer charged with enforcement determines a public nuisance is being maintained or exists on a premise in the Cim the officer shall notify in writi nP, the owner of record or occupant of the prernises of such fact and order that the nuisance be terminated and abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within_which the nuisance is to be abated. I#'the notice of violation is not complied with within the specified time, the officer shall report that fact to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and order that if the nuisance is not abated within the timeprescribed by the City Council. the City may seek injunctive relief by serving.a cop, oy_ _ fthe Council Order and a Not ice_of Motion for SurnmM Enforcement or, obtain an administrative scare warrant for access to the premises or property has been denied and abate the nuisance. I those cases where the nuisance -pertains to noxious weeds, rank growth and grass and weeds as defined in Section 210.01 Q 8 4 the City Council after notice and hearing may cause the nuisance to be abated immediately by the City. In those cases where the nuisance has been recurring and can be abated by reasonable maintenance procedures, the City C'ouncil's order to abate shall be effective for up to two (2) years. 2. Notice. Written notice of the violation, notice of the time, date_ place and subject of any hearing before the City Council. notice of the City Council_Order, and Notice of Motion for Summary Enforcement hearing shall be served by a peace officer or a designated officia[ on the owner of record or occupant of the premises, either in person or by certified orregistered mail. 1f the premise is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to, accept notice, notice of the violation shall be served by posting it on the premises. 3. EmerQency Procedure/Summary Enforcement. In cases of an emergency where delay will permit a continuing nuisance to unreasonably endanger public health safety or welfare, the City may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the offcer or designated official shall determine that a public nuisance exists or is being maintained on the premise in the City and that the delay in abatement will unreasonable endanger public health, safety or welfare. The officer or designated official shall make a reasonable attempt to notify in writing, the occupant or owner of the premises of the nature of the nuisance. whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedures set forth in subdivision 210.020(A) and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated the City may order surnrnary enforcement and abate the nuisance. 4. Immediate Abatement. Nothing in this section shall prevent the Citywithout notice or other process, from immediatcl_y abating any condition that poses an imminent and serious, hazard to,hunnanIiIife or safety. Nuisance Ordinance No 86 S. Judicial Remedy. Nothing in this section shall prevent the City from seeking a judicial remedy when no other adequate administrative remedy exists. Section 4s-1.47. Recovery of Costs. 1. _ Record of Abatement Cost_ The City shall keep a record of the costs of abatements, including administrative costs, done under this ordinance and shall report monthly all work done to the appropriate officer for which assessments are to be made, stating and certify_ing.the description of the land, lots, parcels involved and the amount assessable to each. 2. Personal Liability. The owner of premises on which a nuisance has been abated by the City,,. or a person who has caused a public nuisance onRroperty not owned by that person shall be personally liable for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City shall prepare a_ bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the City's administrative office. 3. Assessment. After notice and hearing as provided in Minnesota Statutes Section 429.06 I as it ina : be amended from time to time, if a nuisance is apublic health or safety hazard on private orlaublic the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charUs s along with all other such charges as well as other charges for current services to be assessed under'vlinnesota Statutes, Section 429.101 against each separate lot or parcel to which the char es are attributable. The City Council nay then spread the char ,es a ainst the property under the p rovisions of Minnesota statutes Section 429 and any other pertinent Statutes for certification to the County Auditor and collection along with, current taxes the following year or in annual installments, not ekceeding ten, as the City Council may determine in each case. Section 444-M. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, if convicted, may be punished by the maximum fine and term of imprisonment provided by Minnesota Statutes § 609.02, subd. 3, as that statute may be amended from time to time. Section 4-7-&9. Repealer. This Ordinance supersedes, replaces and repeals a]I prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Section 444-;10. Severa b i I i ty. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 11)1811. Effective Date. This Ordinance shall take effect and be in force from and after is passage and publication. Dated: Poerfu' ber 20, ?-20 ) Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Updated: September 21, 2021 - Added language in regards to Portable Storage 1 Disposal Container Units Updated: December 20, 2022 - Added language in regards to parking regulations and winter parking regulations Updated: June 20 2023 - Removed lan ua a in re and to ytctham hetamine and Traffic.'Vehicles and created individual ordinances to address these. Nuisance ordinance No 96 CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA. ORDINANCE NO.86 AN ORDINANCE .DEF.INING. NUSIANCES, PROHIBITING THEIR. CREATION OR t17A1NTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Public Nuisance Defined. A public nuisance is a thing, act, :or use of property which shall: 1. Annoy, injure, or endanger the health, safety, comfort, or repose :of the. public; 2. Offend public decency;. 3.. Unlawfully interfere with the use of or obstruct, or tend to obstruct or render dangerous for'pass age, a public water, park, square, street, alley, or highway; 4. Depreciate the value of the property of the inhabitants. of:the City .of Gem Lake or of a considerable: number thereof; or 5. In any way render the inhabitants of the City of Gem Lake; or a. considerable number thereof, insecure. in life or.in use of property. Section L.Definitions. 1. "City" as used herein means the City of Gem Lake. 2. "Council" as used herein rneans the City Council Of the City of Gem Lake. .3. "Person" as.used herein includes any. person,: firm, or corporation; and.the singular shall includethe plural. 4. "Portable Storage l Disposal Container. Unit" shall mean. any enclosed or open container constructed. of any inateriai used for temporary or longterm storage -of personal property or any container- used to dispose of solid waste, construction debris, or any other refuse. 5.. Where references are made herein to particular.officers,.councils; boards, or agencies, such officers, councils, boards, .or agencies are those of the City of Gem Lake. Section 3. Public Nuisances: The following are hereby declared to be public nuisances,. affecting health, safety, comfort, or repose: l : Dumpstem.: and ,garbage cans -which are not fly -tight; 2:: Dumping the. contents of any cesspool; privy uault,.:or garbage can, except at places authorized by- law; 3. Allnoxious. weeds.: that have -grown to a. height of six (6) inches or greater and other rank growth; 4. An accumulation of rubbish, manure; tin.cans, bottles, or. trash or -debris of any nature or description; and. the..throwing, dumping; or depositing of.any.dead animals manure,:garbage; waste, decayiFtg.ma#ter, ground, junk, junk vehicles or machinery,: sand; stones,ashes, rubbish, tin cans, or other materials of any kind on private property; 5. Exterior Storage not adhering to City Ordinances. 6. Dense. smoke, noxious. fumes, gas; and'soat or cinders in unreasonable quantities; 7. T."rades; businesses; or Horne Occupations not adhering t6 City .Ordinances. S. Offensive: trades and businesses., as. defined bystatute or ordi[lance, not licensed as provided by law; 9. The distribution of samples of medicines or drugs unless such samples are placed in the ]lands of an adult person by someone. properly licensed; and la. A]I other acts, omissions of acts; occupations, and uses of.property which are deemed by the board of heaIth:to be a. menace to the. meal€h of the inhabitants of the City or a considerable number thereof Nuisance Ord inancc Nl o. 96 11..All gambling devices. slot machines, punch boards, betting, bookmaking, and all apparatuses and businesses used in such. accupations, except where. permitted by law. l2. All Adult Uses in vi,alation of City Ordinances. 1I Places used for the manufacturing; selling, storage; transportation, consumption, and distribution of intoxicating liquor;.except.where permitted by law; ld.. Al indecent or obscene pictures,.b.oaks, pamphlets, magazines, newspapers; And. biIIboards; 1.5. The ..1oak ing into or peeping through doors, windows, or openings ar private homes. by methods. of stealth and.without proper authority and by surreptiti qus. methods, at what. is .commonly known as "window peeping"; and 16, All. other things, acts, omissions, or occupations that may be considered detrimental to the moral wellbeing of the inhabitants of the City or a. considerable number thereof. IT All snow and ice not removed from public sidewalks twelve: (12) hours after the snow and ice has ceased'to be deposited thereon.; 18. Storage of snowbra ught.in:.from locations bey andifie boundaries. of the subject.property on which..it is stored. 19. All wires:which'are strung less than fifteen (15.) feet. above the surface.of.any public street or alley; 20.. All buildings, walls, and other structures which have been damaged..0yfir re, decay; or otherwise to an extent exceeding one half their origitW value,.or which are so situated as to endanger the safety of the public;: 21..A11 expIasives,.infiamm61e. iiquids,.and other dangerous substances of materials stores or accumulated in .any lmnner or in any amount other than that provided by law or ordinance; 22..All useof display of fireworks, except as provided by law`or ordinance; 21 Ail noises and vibrationsthat exceed the noise pollution standards found.in`Minnesota.State Statutes Chapter 700; 24..All buildings, and all: alterations to buildings.,' made or erected in violation of building code or fire ordinances concerning manner and materials. and. construction;: 25. Obstructions or excavations affecting the ordinary use of the public of streets, alleys, sidewalks.; or'pubHe grounds, except under such conditions as are provided by.ordinance, and .any other .excavation left unprotected or uncovered indefinitely or allowed to.exist in such manner as: to attract:minor children; 26. Lighting that is in violation of City Ordinances. 27. Radio aerials strung or erected in any manner, except that provided by law or ordinance; 28. All hanging signs, awnings,. and other similar structures over public streets or sidewalks, a so. situated as to. endanger. public. safety, not constructed and. maintained as provided by Iaw or. ordinance,.or without proper permit; 29. The allowing of rain, water, ice, or snow to fall from any building on any public street or sidewalk or to flow across arty public sidewalk; 30..AII :dangerous; unguarded machinery; equipment•,. or other property.in any public place, or so situated or operated on private. pro perty.as.to. attract minor children; 3.1. The distributing of handbills, except as provided by .law or ordinance; 31 Throwing, dropping, or.relpas ing printed matter, paper,.or, any other material objects :over and upon the City from an airplane, balloon, or other aircraft, or in sue a manner as to cause such materials to fall or land in the City; Nuisance Ordinance No, 86 2 33. Obstructions which may alter :or affect the drainage of public streets or alleys or the surface of grade of pubic streets,:alleys, or sidewalks without proper:permit; 3.4. Making repairs to motor vehicles or tires in public.streets or alleys, except only emergency repairs when it will not unduly impede or interfere with traffic; 35. Throwiiig,:placing, depositing, or burning.leaves, trash, I mwh. dippings; wee ds;.grass, or other material in the streets,.alleys, or gutters; 36. Erecting, painting, or placing of unauthorized traffic. signs or advertising.signs'in streets or alleys or on. sidewalks; 37. All unnecessary interference and disturbance. of radios or l V.sets caused by defective electrical appliances and equipment or improper operations thereof; and. 38.. Possession of, except within their own domicile, or carry, use, or discharge any air gun, "SB." gun, gas operated or spring gun, or any other: similar type instrument for the purpose 6Nhrowing. or projecting. missiles of any kind whatsoever, whether such instrument is called by any nafne set forth or any other name: a. The prohibition above shall apply.in private groundsor premises under circumstances when su011 instrument can be and is. fired, discharged, or operated in such a manner as -to: endanger persons, property., or wild.animais or birds;.and Further provided that nothing herein contained sball be construed to.prevent the carrying of any type gun whatsoever when unloaded and properly cased, b. Any person wishing to:dischAt& any ins trumem referred: to in Section 3-37 above for some special reason or purpose musts ecure.:a. written permit from the City Council. 39. No property owner or person shall store on a residential property a portable storage ./ disposal container unit. more than. tliirty (30) .days in any 12-tnoitth period starting with the day / date the container unit is first moved on -site. a. All portable storage / disposaI container units must be stored on. an impervious surface on the property. b. The City may grant a time extension of an.additional. sixty (.60.) days provided the property owner gets City Council approval for the container fro in the. City. .1n no case shah a portable storage 1 disposal container unit be.:stored on a property more than ninety.(94) days in any I2-month period. This provision applies to all.residential.properties including.single family homes, townhouses, condominiums, and rnulti- family complexes. e. Portable Storage 1 disposaI container units stored. on residential properties; in conjunction .with. a building perniit or home improvement project are exempt froni these provisions, except for the requirement to keep the .container urtiton an impervious surface..In inch case,. the property owner shall make every effort to adhere to a 110 day maximum time limit. d.. P.ortable.storage / disposal container units meeting the definition set..forth. in this. Ordinance which are used for regular refuse and recycling pick-up 9n commercial or industrial properties shall be:. exempt. 40. All other conditions; acts, or things which are liable to cause injury to the person or property of anyone. Section 4, Curfew for Minors. 1. Restrictions on Minors. It.sltall be'unlawfuI for any minor under the age of sixteen (16) years to loiter:, idle; wander, stroll,: or play in or upon the public streets, highways, roads, alleys; parks, playgrounds, public places and public buildings,.places of entertainment. and amusement, vacant lots., and other unsupervised places in the City of Gent. .Lake between the. hours .of ten o'clock p.tn. and five o'clock a.m. the: Following day. It.shall be. unlawfulfor any minor who is sixteen (16) or seventeen (17}.years of age to loiter, idle, wander,: stroll, or play in or upon public streets; highways, roads, alleys,.parks, playgrounds,. public places, and public buiIdings;.pIaces of entertainment and amusement,.vac ant. Iots, and other.unsupervised places in the City of Gem Lake. between the.hours of twelve o'clock ntidttight and five o'clock the following morning. Provided, however, that the. provisions of this section do not apply to a minor accompanied by his or.her .guardian, or other: ad61t.person.having the care acid eustody ofthe ni.inor,.to a minor who is upon. an Nuisance DrdinarweNo. 96 emergency errand or other Iegitimate 'business. directed by his a her parent, guardian, or other adult person having the care. and. custody of the minor, or where the. presence of said minor insaid place or places is connected with and required by some legitimate business directed by his ar her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said .place or places is connected with a required by some legitimate business, trade; profession, or occupation in which said minor is permitted bylaw to be engaged: 1 Duties of Parents or. Guardians... It shall be. unlawful for the parent, guardian, or other adult person having. charge ofa..minor under the age. of eighteen (18) years to permit such..minor to loiter; idle, wander, stroll, or. play in or upon the public streets,.highways, roads, alleys,. parks, playgrounds, public places and public buildings, pIaces.of entertainment andamusement, vacant lots, and other unsupervised places in the City of Gem Lake during the hours prohibited by this Ordinance; provided, however;: that the .0rovision s of Phis section do not -apply When 'the minor is accompanied by his or her parent, guardian, or other adult person hAVinggthe care and custody of the minor, where.the. rn it nor.is upon an. emergency errand or legitimate business directed by his or her parent, guardian, or other adult person haying the care and. custody of the minor, or where the. presence of said minor in said place is connected 'with and required by some legitimate business, trade, profession, or occupation in which.sad minor is permitted by law to be engaged. 3, . Minors in Amusement Places. No person, .operating or in charge of any pt ace. of amusement,. entertainment, or refreshment shall permit any ininor under.the age of -eighteen (18) years to remain in such place during the hours prohibited by this ordinance;.provided, however, that the provisions of this section shall not apply When such minor is accompanied by his:or her parent, guardian„or other adult person: having the care and custody of the minor. Section a. Enforcement: It shall be. the duty of the -Council to enforce the provisians off his Ordinance. The Council may, by resolution, delegate to other officers or agencies power to enfdree`particular proyisions.of.this. Ordiname, including the power to inspect private .prem ises, and the officers or.agencies. charged with'enforeement of this Ordinance shall take all reasonable precautions.to prevent the commission and maintenance of public nuisances. Section G. Abatement of Nuisances. Procedure. Excepras otherwise provided within this Ordinance, whenever the officer charged with enforcement determines a public nuisance is being maintained or exists on a premise in the City, the officer shall notify in Writing the owner of record or occupant of the.premises of such fact and. order that the nuisance be terminated and abated. The notice..of violation shall specify the steps to tie taken to abate the nuisance and the time withinwh.1ch the nuisance is to.. be abated. If the noticeof violation is not complied with within the.speci ied.time, the.officer shall report that fact to. the City Council. Thereafter; the City Council may; after notice to the owner or occupant and an opportunity to. be.heard, .determine that the condition identified in the notice of violation..is a nuisance and order that if the nuisance is not abated within .the .t"inie.prescribed by the City Council, the City may seek injunctive relierby serving a copy of the Council Order And.aN6ticc of Motion for Suinnrary Enforcement or, obtaln an administrative search warrant for access to the premises or property has .been denied, and abate the nuisance. In those .cases where.the. nuisance pertains to noxious weeds, rank growth and grass and weeds as: defined in. Section 210.01:0.(B)(4), the C I ty. CoPric i I after notice and hearing may cause the nuisance to be abated immediately by the City. In those cases where the nuisance has been. recurring and can be abated .by reasonable maintenance procedures, the City .CounciI's order to abate shall be effective. for up to two (2) years. 2. Notice.' Written notice of the violation; notice of the time, date, place and subject of:any hearing before. the City. Council; notice:of.the City .Council Order; and Natice:af Motion for Summary Enforcement..hearing shall be served. by a peace officer or a. designated ofticial on the owner of record or occupant of the premises, either in person or by. ccrtifed:ar registered.mai1. 1f the premise is not. occupied; the. owner. of record is unknown,: or ifthe owner of record. or oceupant. refuses to accept notice; notice of.the violation. shall be served. by posting it on the premises. Nuisance ❑MinanceNo. 86 3. Emergency ProcedurelSummary Enforcement. In cases of an emergency where. delay will perm it. a continuing nuisance to unreasonably endanger public health, safety or welfare,:the City may order summaryenforce rtient and. abatethe.... nuisance. To`pro cccd with summary. enfomenient, the officer.of designated. officia]:sha]I de.termine::that a: public nuisance exists'or:is being maintaI.md on the premise in. the City and that the .delay. in abatement will unreasonable endanger public health, safety or welfare. -The officer or designated official .shall make a.reasonable attempt to. notify in writing .the occupant or owner of the premises 6Fthe nature of the nuisance, whether public. health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedures 'set forth in subdivision 210.020(A) and -may order that the nu19ancc. be immediately terminated or abated. If.the nuisance is not immediately terminated yr abated, the City may order summary eriforcernent and .abate the nuisance. 4. lmmcdiate.A.liatement.. Nothing.in this section shall preventthe City, without notice. or other process, from immediately abating any condition that poses an. imminent: and serioua-hazard to human life: or safety. 5. Judicial Remedy. Nothing in this section shall prevent the City from seeking:a judcial.reinedy when no other adequate ad inInistrative renredy exists: Section 7. Recovery of Costs.. I. Record of A b a temen t. C ost. The City shall keep a. record of the cos ts.orabate ntents, including administrative costs, :done under this ordinance and shall report monthly all work done to the appropriate afficer.for which assess.ments..are: to, be made, stating.and:certifying the. description pfthe land, Iots, parcels InvoIvcd and the amount assessable to each. 2. Personal Liability. The owner of premises on which. a. nuisance has been abated by the. City, or a person who .has caused a. public nuisance on property not owned by.that person shall be personally .liable for the cost of the abatement; including administrative costs. As soon as the work has been completed and the cost deterrnined, the .City shall prepare a:biII for the cost. and mail it.ta the owner. Thereupon, the amount shall be immediately due and payable at the. City's administrative: office. 3. Assess ment..After notice and hearing as. provided in: Iviinnesota Statutes Section 429.06..1, as it may be amended from time: totime, if nuisance is a pubIic:health 6r.safety hazard on private or public the'City CIerkslia11, on. or before September I next following abate trient o f the nuisance, list -the total.unpaid charges along with aII.other such charges as well as. other. charges for current services. to be: ass esse..d..under N1Innesota. Statutes, Section 42 9. 10 1 against each separate Iot'or parcel to which the charges are attributable: The City Council may then spread the charges•agaInst the property under the provisions of Minnesota statutes Section 429 and. any other pertinent Statutes for :certification to the County. Auditor and coIiOct ion along with current taxes the foI16Wing year or in annual installments, hot exceed ing ten, as the City Council may determine in each case. Section.B. Penalties. In addition to any fines, costs;.or assessments provided fanny this Ordinance or.other City Ordinances, the City may prosecute: a violation of any provision of this Ordinance. as a misdemeanor, and a. person, if convicted, may be punished by the maximum fine and terns of imprisonment provided..by Minnesota Statutes. 60902, subd. 3, as that statute may be amended from time to time. Section 9. Repeal: This Ordinancesupersedes, replaces and repeals alI prior Ordinances relating tq.the same subjects.contained within this Ordinance. Any portion: o f such prior .Ordinances not.incorporated within this Ordinance is.:expressly repealed. Section .1.0. SeveraWlity. Should:any section, subdivision, clause or other provision of this Ordinance be held to be invaIi.d by any court. ofcompetent jurisdiction, :such decision shall not affect. the vaIi.d.ity of the. Ord inance.as a whole, or of. any part thereof other than the part. lie Id. to be invalid; Section 11. Effective Date. This Ordinance shall take effect and be in force from and after is passage. and publication.. Nuisance ordinance No..86 Rated: Gretchen Ar..tig-5womley, Mayor Melissa Lawrence, Acting. City Clerk Updated: Septeuiber21, 2021 -- Padded language: in regards to Portable: Storage,/ Disposal Container Units Updated: December 20, 2022—Added language in regard s..to parking regu€ations and wi nter .park 1 ng regulations Updated: August 15, 2023 --= Removed . language in regard to Methamphetamine and Traffic/Vehicles and created individual ordinances to address these. Nuisance Ordinance•No; $G b. CITY OF GEM LAKE, RASMSEV COUNTY, MINNESOTA ORDINANCE NO. 143 AN ORDINANCE REGARDING CLANDESTINE ❑RUG LASS AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. '1711E CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose and Intent. The purpose of this Ordinance is to protect the public health, safety and welfare and reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dump site may exist. These conditions present health and safety risks to occupants and visitors of such structures and land through fire, explosion and skin and respiratory exposure to chemicals. The City Council finds that such sites may contain hazardous chemicals, substances, or residues that place people, particularly children or adults of child-bearing age, at risk of exposure through inhabiting the property, visiting the property or using or being exposed to contaminated personal property. Section 2. Definitions. For the _pu_rpose_of this ()rdinance, the following terms or words shall be interpreted as follows: I. Child — means any person less than 18 years of age. 2. Chemical dump site — means any place or area where chemicals or other waste materials have been located. 3. Clandestine drug lab — means the unlawful manufacture or attempt to manufacture controlled substances. 4. Clandestine drug lab site - means any place or area where law enforcement has determined that conditions associated with the operation of unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures, buildings, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any other area, land or location. S. Cleanup — means proper removal and/or containment of substances hazardous to humans and/or the environment at a clandestine drug lab site or chemical dump site. 6. Controlled substance — means any drug, substance or immediate precursor in Schedules I through V of Minnesota Statutes Section 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. 7. Owner — means any person, firm, corporation, or other entity who owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. S. Public Health Nuisance — means a nuisance as defined above or under Minnesota Statute Section 145A.02, subdivision 17. 9. Remediation — means methods such as assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of contaminated materials from a clandestine drug lab site or chemical dump site. Section 3. Administration 1. Declaration of Property as a Public Health Nuisance. 1) Any property containing a clandestine drug lab or chemical dump site will be declared a public health nuisance. 2) No person may occupy, enter or allow occupancy or entrance to property declared a public health nuisance under this Section until such declaration is vacated or modified to allow occupancy. -Nitr,.orvc•z( lama€c5ln1C 1.VtiZ1 1h ordinance No. 14} 1 2. Law Enforcement Notice to Other Authorities. Upon identification of a clandestine drug lab site or chemical dump site deemed to place neighbors, visiting public, or present and future occupants of the affected property at risk for exposure to harmful contaminants and other associated conditions, law enforcement officials shall notify the City Environmental Health Official and other appropriate municipal, child protection, and public health authorities of the property location, the property owner if known, and conditions found. 3. Seizure of Property. I ) if a clandestine drug lab or chemical dump site is located inside a vehicle, boat, trailer, or other form of moveable personal property, law enforcement authorities may immediately seize such property and transport it to a more secure location. 2) Personal property may not be removed from a clandestine drug lab site or a chemical dump site without the prior consent from the City Environmental Health Official. 4. Action by City Environmental health Health Official. 1) Upon notification by law enforcement authorities, the City Environmental Health Official or other appropriate municipal or public health authority will issue a Declaration of Public Health Nuisance for the affected property and post a copy of the Declaration at all probable entrances to the dwelling or property. 2) Removal of the posted Declaration of Public Health Nuisance by anyone other than the Environmental Health Official, law enforcement authorities, or their designees, is prohibited. 3) The City Environmental Health Official shall also attempt to notify the following parties of the Declaration of Public Health Nuisance: i. Owner of the property; ii. Occupants of the property: iii. Neighbors within close proximity that can be reasonably affected by the conditions found; iv. The Ramsey County Sheriff's Department; and v. Other state and local authorities, such as the Minnesota Pollution Control Agency and the Minnesota Department of Public Health, which are known to have public and environmental protection responsibilities applicable to the situation. 4) Any rental license issued by the City for the property is immediately suspended upon issuance of the Declaration of Public Health Nuisance. Such license will be reinstated Only after full compliance with an abatement order. S) After issuance of the Declaration of Public Health Nuisance, the City Environmental Health Official will issue an order to the property owner to abate the public health nuisance. The abatement order will include the following: i. A copy of the Declaration of Public Health Nuisance; ii. An order to immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk; iii. Notification of suspension of the rental license, if applicable; iv. A summary of the owner's and occupant's responsibilities; "'k•�°� e''IaiidesuneDrugI-ahOrdinance No. 4. v. Information on locating professional services necessary to remove and abate the public health nuisance status as provided in this Ordinance and Minnesota Statute Section 145A.14; and vi. Information about the potentially hazardous condition of the clandestine drug lab site or chemical dump site. S. Responsibilities of Owner. 1) Upon receipt of an abatement order by the City's Environmental Health Official, the property owner must, at the owners expense: i. Immediately vacate those portions of the property, including building or structure interiors that may place the occupants or visitors at risk. This includes dwellings, buildings, motor vehicles, trailers, boats, appliances or any other affected area or location. No person shall occupy, enter or allow occupancy or entrance to a building or structure declared a Public Health Nuisance until such declaration is vacated or modified to allow occupancy; ii. ProperIy secure and post warning signs on the perimeter of any contaminated areas on the property in an effort to avoid exposure to unsuspecting parties; iii. Promptly contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided assurance of appropriate equipment, procedures, and personnel, as determined by the Minnesota Department of Health) to accomplish the following: L A detailed on -site assessment of the extent of contamination at the site and the contamination of the personal property therein; 2. Soil testing of the site and testing of all property and soil in proximity to the site that the environmental hazard testing and cleaning form determines may have been affected by the conditions found at the site; 3. A complete cleanup of all property and soil at the site and in proximity to the site that is found to be affected by conditions found at the site (including but not limited to, the cleanup or removal of contaminated plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete cleanup of the demolished site; 4. Remediation testing and follow-up testing to determine all health risks are sufficiently reduced, according to the Minnesota Department of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein. iv. Regularly notify the City of actions taken and reach agreement with the City on the cleanup schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for cleanup; and v. Provide written documentation to the City of the cleanup process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with Minnesota Department of Health guidelines. 2) The property may not be re -occupied or used in any manner until the City has obtained the written statement in paragraph (1)(€y) and has confirmed that the property has been cleaned in accordance with the guidelines established by the Minnesota Department of Health. 6. Owner's Responsibility for Costs. '_.gce 'landl Bite I7rGLi 1 a]) ordinance No. ]a The owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine drug lab sire or chemical dump site, including, but not limited to, costs for: I) Emergency Response; 2) Posting and physical security of the site; 3) Notifications of affected parties; 4) Expenses related to the recovery of costs, including the assessment process; 5) Laboratory Fees; 6) Cleanup services; 7) Administrative fees; and 8) Other associated costs 7. City Authority to Initiate Cleanup and Recovery of Costs. I) If, within ten (10) days after service of notice of the Declaration ofPub] ic Health Nuisance, the City is unable to locate the property owner or if the City Environmental Health Official determines that the owner refuses to, or cannot pay the costs, or arrange timely assessment and cleanup that is acceptable to the City, the City Environmental Health Official is authorized to proceed in a prompt manner to initiate the on -site assessment and cleanup. 2) The City may abate the nuisance by removing any hazardous structure, building, or otherwise, in accordance with Minnesota Statutes Chapter 463, Section 14 of this Ordinance or by any other mean provided under law. 3) If the City abates the public health nuisance, in addition to any legal remedy, it is entitled to recover ail costs associated with such abatement plus an additional 25% of the City,s costs for administration. In addition to any other legal remedy, the City may recover costs by civil action against the person or persons who own the property in the matter that taxes and special assessments are certified and collected pursuant to Minnesota Statutes Section 429.101. S. Authority to Modify or Remove Declaration of Public Health Nuisance. I) The Environmental Health Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. 2) Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. Section 4. Enforcement. It shall be the duty of the Council to enforce the provisions of this (-)Fdi .. nse and Ordinance. TIie Council may, by resolution, delegate to other officers) or agencies power to enforce particular provisions of this Ordinance, including the power to inspect private premises, and the officers or agencies charged with enforcement of this Ordinance shall take all reasonable precautions to prevent the commission and maintenance of chemical dump sites, clandestine drug lab sites, and public health nuisances. Section 5. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, if convicted, may be punished by the maximum fine and term of imprisonment provided by Minnesota Statutes § 609.02, subd. 3, as that statute may be amended from time to time. Section 6. Repeal. This Ordinance supersedes, replaces and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. Ai re - Iaiuit.,sune Chu_&Lai,.Ordinance No.—_ 14,3. Section 7. SeverAbility. Should any section, subdivision, clause or other provision.of this Ordinance be held to.be invalid by any court. of competent jurisdiction; such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than. the part.lield to be invalid. Section.8. Effective Date. This Ord inance:sha]I take effect and .be in force from.and after is.passage .and publication. Dated: Gretchen Artig-Swomley,.Mayor M' 49�lan&stine Dnie Lab Ordinance. No: --- 143. Melissa Lawrence, Acting City Clerk CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA ORDINANCE NO, 143 AN ORDINANCE .REGARDING CLANDESTINE DRUG LABS AND PROVIDING FOR .ABATE, i1�IENT AND PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL O.F THE CITY OF GEM: LAKE.ORDAINS: Section 1. Purpose, and Intent: The purpose of this Ordinance is to protect -the public hea..lft safety and welfare and reduce public exposure to. health risks where .Iaw enforcement officers have deterinined:that. hazardous chemicaIs..from a:suspected Clandestine drug labor chemical dump site may. exist. These .conditions present health and. safety risks. to occupants and visitors of such structures andland through fire, explosion and skin artd respiratory exposure to chemicals. The City Council finds that such sites may contain hazardous chemicals, substances, or residues that place people, particularly chi ldren:or adults of child-bearing age,.at.riskof exposure through inhabiting the property, visiting the property or using or.being exposedto contaminated personal property. Section 2. Definitions. For the purpose of this Ordinance, the following terms or words shall.be.interpreted.as follows:. 1. Child -- means any person less than 18 years of age, I Chemical durnp site: --means any place or area where chemicals or other waste materials have been located. 3. Clandestine drug lab — means the: unlawful.rnanufactdre orattempt to.i rianufacture. controlled substances. 4. Clandestine. drug lab site -.means any place or area .where law enforcement has determined that ` conditions associated with the. .operation .of unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings., accessory structures, buildings, a chemical dump site., a vehicle, boat, trailer or other similar appliance.or any other area, land or location. 5. Cleanup - means: properremoval containment of substances hazardous to .Humans and/or the environment at;a clandestine drug.lab site or chemical dumpsite. G. Controlled substance —means any drug, substance or.immediate precursor in Schedules.] through V of Minnesota Statutes Section 152.02. The term does riot include distilled spirits,: wine, malt beverages, intoxicating liquors or tobacco. 7. Owner — means any person, firm, corporation, orother entity who.owns; ]n whole or in part, the.land, building, structure, vehicle, boat, trailer or other location associated with:a clandestiac.drug lab site or chemical dump site. .8. Public Health Nuisance — means..a nuisance as defined above or under.Minnesota Statute Section. 145A.02,. subdivision 17. 9. Rernediation - means methods such as assessirierit; evaluation, testing, venting, detergent scrubbing, enclosure, encapsUIatio11,:demolition,-an d/or.removaI of contaminated materials from a clandestine drub lab site or chemical dump site. Section 3. Administration. .I. Declaration of Property as a Public Health. Nuisance:. 1) Any property. containing a cla.ndestine.druglabor chemical. dumpsite will be:declared a public health nuisance. 2) No person may occupy,. enter or allowoccupancy or entrarice.to property declared a public health nuisance under this Section until suchdeclaration is vacated or modified to allow occupancy. Clandestine Drug Lab Ordinance No. 143 2. Law Enforcement: Notice to Other Authorities. Upon identification of a clandestine: drug lab.site or chemical dump site. deemed to place. neighbors,.visiting public, or present and future occupants of theaffected property at risk for exposure to harmful containinants and other associated conditions, law enforcement officials shall notify the City Environmental. Health Official and other appropriate municipal; childprotection, and public health authorities of the..prop erty location, th0:prop erty owner if known, and conditions.:found. 3: Seizure of Property. I) lf.a clandestine drug lab. or chemical dump site is located insidea vehicle, boat, trailer, or. other form of moveable personal property, law enforceineutauthorities may immediately seiae.such property. and transport it to a more secure location. 2) Personal property may not be removed from a clandestine drug lab site ar a chemical dump site without the prior consent from the City Environmental Health Official. 4. Action by City Environmental: Health Official. 1) L]pon notification by law enforcement authorities, the City Environmental Health 0fficia].o.r other appropriate municipal or public health authority will. issue a. Declaration ofPubIicHealth Nuisance for the affected property and past a copy of the: Declaration at all probable entrances to the dwelling or property.. 2) Removal of the posted Declaration of Pub) ic. Health Nuisance by 'anyone other than the Environme taI Health .Official; law enforcement authorities, or their designees,. i9.pro hibiled. 3) The.. City Environmental Health Official shall also attempt to notify the following parties of the Declaration of Public Health Nuisance: i. Owner of the property;. ii. Occupants afthe property; iii. .Neighbors withi.mclose proximity that can be reasonably affected by the conditions found; iv. The Ramsey County Sheriff's Department; and v. Other state and local authorities, such as the Minnesota Pollution Contwl Agency and the. Minnesota Department of Public Health, which are known to have: public and environmental. protection responsibilities applicable. to the. situation. 4) Any rental license issued by the City for the property is: immediately suspended upon issuance of the-Declaiation.of Public Health Nuisance. Such. license will be reinstated only after full. compliance with an abatement. order, 5) After issuance. of the Declaration of Public Health Nuisance, the City Environmental Health Official will issue an order to the property owner.to:.abate the public health nuisance. The abatement order will include the following: is A copy.ofthe .Declaration of Public. Health Nuisance; n.. .An order to immed iately vacate those portions ofthc.praperty,.including.bui[ding.or structure interiors, which may place the occupants or visi#ors gt risk; iii. Notification of suspension of the rental license, if applicable; iv. A summary of the owner's and occupant's responsibilities; Clmdrstinc DrugLdb Ordinance No. J43 v. Information on locating professional services necessary to remove and abate -the public health nuisance:status as provided.in this Ordinance. and Minnesota StatuteSection 145A.14;. and. v.i. Information about the potentially hazardous condition. of the clandestine drug.lab site or chemical dumpsite. 5. Responsibilities of Owner, l) Upon receipt of an abat6ment:order by the City's E nvironmental Health Official, theproperty owner must, at the owners expense: L .Immediately vacate those portions of the property, including building.or structure interiors that may place the occupants.or visitors at risk.. This: include...: dwellings, buildings, motor vehicles; trailers, boats, appliances or any other affected area or location. No person shall occupy, enter or allow occupancy or entrance. to a building or structure declared.a Public Health Nuisance untiLsuch declaration is vacated or modified to allow occupancy; H. Properly secure and post. warning signs on the perimeter of any contaminated areas on. the. property in an effort to. avoid exposure to unsuspecting parties; i1 L. Promptly contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable.firms am those thathave provided.assurance of appropriate.equiprrtent,. procedures, and personnel, as determined by. the Minnesota Department of Health) to accomplish the .following: 1: A detailed on -site assessment of the.extent of contamination At the site and the contamination .of the personal property therein; 2. Sail testing of the site and testing of all property and soil in proximity to the site that the environmental hazard testing and cleaning.form determines imy have been. affected by the conditions found at the sire; 30 A complete, cleanup: of all property.and.soil at the site and in proximity to the. site. that is found to be affected. by conditions found at the. site (including fiat not limited. to;. the. cleanup or removal of contaminated plumbing, ventilation systems, tixturEs and contaminated soil) or.a demolition. of the site and a complete cleanup of the demolished site; 4.. Rerriediation testing and follow-up testing to determine -all health risks are sufficiently reduced, according to the Minnesota Department' of.l•lealth guidelines, to allow safe huinan occupancy and use.orthe site and tlse. .of the personal property therein. iv. .Regularly notify the. City'of actions. taken and reach agreement.with the City on the cleanup schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for cleanup; ,and v. Provide. written documentationto the. City of the cleanup process, including a signed, written statement that. the property is. safe for human occupancy and that the cleanup was. conducted in. accordance with Minnesota.D.epartirient of Health guidelines.. Z) The:property may 'not be re=occupipd. .or used in any manner untiI the City lias obtained the written statement in.paragraph { I)(v) and has confirmed. that .Ihe. property has been cleaned in accordance with the guidelines established by the Minnesota Department of Health. CIand esline Dnilab 00inance No..143 3' G. Owner's Responsibility for Costs. The owner is: responsible for a.II costs associated with nuisance abatement and cleanup of the clandestine drug lab sire or.chemical dump site, including, but.not limited to., costs For: f) Emergency Response; Z) Posting and physical security of the site; 3) Notifications.of affected parties; 4). Expenses related to the recovery.. of costs,. ineIuding.Ihe assessment process; 5) Laboratory Fees; 6) Cleanup services; 7) Administrative fees; and 8) Qther associated costs 7. City. Authority to Initiate. Cleanup and Recovery of Costs. 1) If, within ten (10) days after service of notice of the Declaration of Public Health Nuisance, the City is unab.le:to locate the property owner oe if the City E nvi eon ph 0, Mal Health Official determines that the owner refuse&to, .Or cannot pay the.costs, or arrange. timely assessment and cleanup that is acceptable to the City, the.City Environmental Health Off icia.I. is authorized to proceed in a prompt inannerYo initiate the on -site assessment and cleanup. 2) The City may abate the nuisance by removing any hazardous structure,.building,.or otherwise., in accordance. with Minnesota Statutes.Chapter 463, Section 14 of this Ordinance or -by any other me.an:provided under law. 3) I.f the City abates the public health nuisance, in addition to any :legal remedy, it is. entitled to recover all costs: associated with such abatement.pIus an additional 2 5 % of the. City's costs for adibinisfration. In addition to: any other legal remedy, .the City may recover costs by ci.v:iI action against.the::person. or persons who :own the property in the matter that .tax es and special. assessments are: certified and collected pursuant to Minnesota Statutes Section 429.10.1. 8. Authority to. ,Modify or Remove Declaration of Public Health Nuisance, I) The -Environmental Health Official is authorized to modify the Declaration conditions or remove .the Declaration of Public Health Nuisanee: 2) Such nod iifications.orremoval of the Declaration shall only occur after documentation from a. qualified environmental or cleaning firm stating that .the health and safety risks, including those to neighbors and potential dwelIing.occupants, are sufficiently abated or corrected to allow safe. occupancy of the dwelling. Section 4; Enforcement. It shall .be the duty ofthe Council to enforce the -provisions of this Ordinance. The Council may, by resolution, .delegate. to other of icer(s) or, agenc i e s. p ower to enforce. particular provisions of this Ordinance,. including the power to inspect.private premises: and the officers or. agencies charged with enforcement o£this Ordinance shall take all reasonable. precautions to prevent the .comm ission and maintenance of chemical dump sites, clandestine drug lab. sites, and public. health nuisances. Section .5. Penalties.: In addition. to:any Fines; costs; or assessments provided for. by this.Ord Inance or other City Ordinances, -the City may prosccute:a. violation of any provision oftliis Ordinance as a misdemeanor, and a person, if convicted, may be punished by the: maximum Fine and term of imprisonment. provided by Minnesota Statutes § 09M subd. 3, as that statute maybe amended.from time to time. Clandestine Drug Lab Ordinance.No. 143 Section G..RepeaI. This Ordinance supersedes., replac.es.an.d repeals all prior Ordinances relating to the same. subjects contained within this.:Ordinance. Any portion of'such prior 0rdinanc.es.not incorporated within this: Ordinance is expressly repealed, Section 7. Sev eralbi I I ty. Should any section, subdivision clause or other provision. of this Ordinance be. held to. be. invalid by any court of cotiipefent jurisdiction, such decision sliall not affect the validity of the Ordinance as a whole; or of any part thereof .oilier than the.part held Io be invalid. Section 8.. Effealve Date. This Ordinance`shall take.effect and be in force. from and after is passage and puhlicatio.n.. Dated.. Gretchen Artig-Swomley; Mayor Clandestine. Dmg Lab Ordinance. No. 143 Melissa. Lawrence, Acting City -Clerk. h} AII-Terrain Vehicles =(ATVs) i) Limitation of Operation: No. person shall operate an all -terrain vehicle in the City of Gem Lake except on public trails; .waterways, and highway9.sped ificallydesignated for :sLich use, or on private property'where. lawful permission has. been:obtaiiied from the property owner, occupant, or Iessee. No a]I-terrain vehicle shall be operated With in.any public right -of way or: on a pubIic.sidewaik or trail provided .or used. for pedestrian ar bicycle travel. ii) 1-fours of Operation. No person shall operate an all -terrain vehicle in the City. of Ge.m Lake.. between the Hours of eleven (I l) o'olock p.m. and seven..(7) o'clock. a:iri. prevailing time in Ramsey County, Sunday through Thursday, and frorn one (:1) o'elock.a.m. to seven (7) .o'clock.a.m.'onother days,. including the day preceding a national holiday. iii) .Speed. No person shall operate an.all-terrain vehicle in the City of Gem Lake at:a speed in excess of limits specifically posted for such use or as. a. speed in excess .of fifteen (IS.].miles per hour withinone hundred fifty (1.50) feet of any fisherman, fish house, pedestrian, skier, skater, skating rink, sliding area, ski tow area,.or other areas where such operation would conflict with or endanger other persons .or property. iv) .Authorized All -Terrain Vehicles. Authorized a.11-terrain vehicles. inay .be used on any public property within the City for rescue, emergency or law enforcement purposes.. c) Golf Carts i) License and Operation. in order to operate a golf cart on City Streets, operators shalt have a valid driver's license or learner's permit, 'a[Ong with a current City issued Golf Cart Perinit and proof of insurance. Every motorized golf cartoperator must have.proof of insurance in possession while - operating the. mot❑.rized golf carton designated streets, and shall produce: such. proof of insurance on demand of a police officer as specified in Minnesota Statutes Section 16.9.791. ii) Hours of Operation. Golf carts may only be operated an designated roadways from sunrise to. sunset. Golf Carts shall not he operated in. inclementweather or when visibility is impaired by weather and where.unsafe road conditions .exist, or at any time -when there is insufficient light to clearly see persons and vehicles. on. the roadway at a :distance of 500 feet. iii) Golf Cait:Permit and. Application: (l.} Operators of golf carts may apply for a Golf Cart Permit, using an application.prepared for by the City. Such application shall include an applicant's information, driver's license, a copy of insurance, information onthe golf cart to be operated, and other information as needed by the: City to review and .issue. approval or. denial of the permit. .(2) A Golf Cart Permit will be. issued for a period of one (1) year.and there shall be a fee required for administrative services as established in the City. of Gem Lake.Fee Schedule. This permit may be. renewed annuaily. The Permit inay be revoked at any time if there is evideTic e.that the permittee cannot safely operate the motorized golf cart, or: if any other requirements or sections of this: Ord inaride. are fou» d to be: violated, after notice and hearing by the City Council. (3) .A.GoIf Cart Permit. shall be issued fora specific golf`cart. A current city issu e& operator's permit tag or sticker shall be plainly visible. from the front andlor.sides of the golf cart, as determined by the City Council. (4) The. golf cart shall be in goad working condition and. safe .for the transp❑..rtation of passengers. iv). Signage Required on. Golf Carts. Golf carts.shall.display the slow moving vehicle:einkilem provided in Minnesota Statutes. Section 1.69.521, when operated on designated roadways; and. be equipped with a rearview mirror capable of viewing at least 200.feet. behind the cart. :���'i'raf7�c ulti V hiclesChdinanaeTVa. —144 v) Uses prohibited. No person shall operate a motorized golf carton a.pub.lic sidewalk.ortrait, unless otherwise authorized by: the City. d) Use of.Streets and Highways; Incorporating State Traffic Laws i) Highway Traffic Regulation Act Incorporated by Reference. The regulatory provisions of Minnesota Statutes; Chapter 169, and any amendments thereto or substitutes therefor that may from timo to tiinc become effective, are hereby adopted as'a traffic Ordinance regulating the use of highways, streets, and alleys within the City of Gem Lake.and..are hereby incorporated in and made part of:thi.s code as completely:as if set out here in full. H) Penalty..Any. violation. of the. statutes. adopted by reference`in..G:2.1 is a violation of this Code when it occurs .within fbe.CityofGem Lake. 3) Section 3..parking Regulations. A.) In General. It is unlawful for any.person to stop;.stand or parka vehicle,: except when 'necessaryto avoid conflict. with other traffic or in compliance. with the specific. directions of a police Officer or traffic control device, in any of the. following places: i) On a sidewalk; H) In. front of a public or private driveway; iii) Within an intersection; iv) Within. ten (10) feet :of:afire hydrant; v) On a crosswalk;. vi) Within twenty.(20) feet of a. crosswalk at any intersection; vii) In a sign -posted fire lane; viii) Within thirty (30) feet upon the approach to any flashing beacon, stop signor traffic control signal located at the.sideof a roadway; ix) Within fifty. (50) .feetof the nearest rail of a railroad crossing; x) Alongside Or opposite any street excavation .or.obstruction. when such stopping, standing or parking. would obstruct traffic; (1) On .the roadway side of any vehicle stopped .or parked at the edge or curb. of a. street; (2) On. any bridge or.elevated structure of a street; (3) At any place: where official signs prohibit stopping; (4) 1n.front-of a mailbox.during.the hours of 9:00 a.m. to 4:00 p.m. Monday through Saturday. Postal carriers must. be able to drive into and oat of the delivery area without hacking up. h) Passenger Vehicles. No passenger vehicle shall be.parked oft -any street within the City of Gem Lake for MOM, than seventy-two. (72) consecutive hours. c) Winter Parking Restrictions.. The parking of any motor vehiclempon.any road or street in Gern .Lake is prohibited between the hours of 2:00 a.in. and 6:00. a.m. from November 151 Through .April P' of each year: i kiisaiw 'I'Tzi111c anal Vehicles Ordinance. No. 144 d) Snowfall Restrictions. No motor vehicle shall be parked on any street or boulevard within the City of Gem Lake after a snowfall of one (1) inch or more which necessitates the plowing and removal of snow from the streets and boulevards in the City until such time as the plowing and snow removal is completed. No motor vehicle, trailer, or other obstruction shall be located within two (2) feet of any street or boulevard after a snowfall of one (1) inch until such time as the plowing and snow removal has been completed. e) Enforcement of Parking Regulations. When the City Council, or an officer or agency as designated by the City Council to enforce this Ordinance, Any (43m ,unit, -Service of arfinds a vehicle standing or parked on any street in violation of this Ordinance, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. When the City Council, or an officer or agency as designated by the City Council to enforce this Ordinance. _1 T)"11— finds a vehicle unattended and standing or parked in violation of this Ordinance, such officer is hereby authorized to provide for the removal of such vehicle and remove the same to the nearest convenient garage, outdoor area or other place of safety, and such vehicle shall not be removed therefrom until reasonable costs of moving and storing the same have been fully paid. In the event that any vehicle held or stored under the direction of a police officer upon which there are charges for storage or towing, or both, is not reclaimed, recovered or taken by the vehicle owner thereof, there shall be deemed to be imposed upon such vehicle a Possessory Lien in the amount so charged and unpaid, and should the owner thereof fail to pay the same, then the Possessory Lien may be foreclosed in the manner provided by law. Penalty. Any person violating any of the provisions of this section shall be guilty of a petty misdemeanor 4) Section 4. Enforcement. It shall be the duty of the Council to enforce: the provisions of this Ordinance. The Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this Ordinance, including the power to inspect private premises, and the officers or agencies charged with enforcement of this Ordinance shall take all reasonable precautions to prevent violations of this ordinance. 5) Section 5. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, if convicted, may be punished by the maximum fine and term of imprisonment provided by Minnesota Statutes § 609.02, subd. 3, as that statute may be amended from time to time. 6) Section 6. Incorporation of Ordinance 132.Ordinance 132 is hereby incorporated into Section 2(c) of this Ordinance. 7) Section 7. Repeal. This Ordinance supersedes, replaces and repeals all prior Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior Ordinances not incorporated within this Ordinance is expressly repealed. 8) Section S. Severa b il ity. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. 9) Section S. Effective Date. This Ordinance shall take effect and be in force from and after is passage and publication. ",. �� 6aFi . e fran iL; and Vch w Ics Ordinance No- — -144 Dated. - Gretchen Artig Swarnicy, Mayor Melissa. Lawrence, Acting City.Clerk "'••�e:fraliic and Vehicles Ordinance No: — T-144_ CITY OF GEM LAKE, RASMSEY COUNTY, MINN.ESOTA ORDIlNAN.CE NO..144 AN ORDINANCE TRAFFIC, PARKING.: VEHICLES, AND USE OF STREETS AND 11IGHNVAYS.. THE.CITY COUNCIL OF THE CITV OF GENI LAKE ORDAINS: 1) Section .L Purpose and Intent. The purpose of this ordinanceis to protect public. safety, reduce interference with public.travel, anal allow for. the orderly use of vehicles within the City. This ordinance is intended to. protect Iife,.property,. and to prevent public nuisances. 2) Section 2. Traffic and: Vehicles. ;t} Snowmobiles i) Incorporatio.n by Reference. The provisions:of Minnesota Statutes, Sections 84.84 through.84,90, and the provisions. of the Regrilations of Vie Minnesota Commissioner of Natural Resources contained in Sections 7460.5100, and 7460.5200 of Minnesota Rules ] 999, and any amendments to those statutes or regulations. or substitutes for those statutes or regulations that inay frorri time to time become effective, are.:hereby adopted and incorporated herein by reference, ii) Limitation ❑f ppera.tion. No person shall operate a snowmobile. in the City or Gem L.ake,except on pubft,trails; waterways,: and highways specifically designated for such usc,.or on.private property .where lawful permission has been obtained froin'the property owner, occupant.. or lessee. No snowmobile shall be operated within any public right-of-way or.on a public sidewalk or trai1.provided or used for pedestriart or biaycle.travel, iii) !•fours of Operation. No.persorf shall operate asnowtnobile in the:City. of Geri Lake between the hours of eleven (l 1) o'cl.ock p.m: and. seen (7) o'clock a.m. -prevailing time in Ramsey County. Sunday through Thursday, and from one.(1) o'clock a.m. to seven (7) o'clock a.m. on.other days, including.the day preceding a. national h.ol iday. iv} Speed. No:persoh shall operate a snowmobile in the City of.Gem Lake.at a speed .in excess of limits specifically posted for such.use'or as a speed in excess of fifteen (1.5) miles per hour within one. hundred fifty (150) feet. of any f sherman, fish .hous.e, :pedestrian skier, skater, skating rink, sliding. area, ski tow area, or other areas where such operation woufd conflict with or endanger other persons or property; v) Tow Bars. No person shall operate a snowmobile so as. to tow any person, sled,.or other conveyance. except by the use of a rigid low bar attached to therear: of such:snowmobile. Persons towing disabled snowmobilea shall be exempt: vi) Mandatory Eights. No person shall operate a snowmobile unless such vehicle is equipped with a head. light andtail Iight..that.are. illuminated at all times during such operation. Snowmobiles equipped with an engine. of five (5) horsepower or less shall be exempt. vii) Mandatory Pennant. No person shall operate a snowmobile. unless such vehicle is equipped with a red or orange blaze pennant:flag of at: least forty square .inches in area and displayed.at.a`height of not less than five (5) .feet above the roadway. viii).Authorized Snowmobiles. Authorized snovonQbHes maybe used on any public property within. the City for rescue, emergency or law enforcement purposes, Trafiic2nd Vehicles Ordinance No. 144 b) All -Terrain Vehicles -- (ATVs) i) Limitation of. Operation. No person.shall operate an.a11-terrain vehicle in 1he City. of Gem Lake except on public trails, waterways, and highways specifically designated for such: use, or on private. property where lawful permission has been obtained from the property owner, occupant;.or lessee:. No a]Merraih. vehicle shall be operated within any public right -of way or on a. puhlie.sidewalk or trail provided or used for pedestrian or bicycle travel.. H) Hours of Operation. No person shall operate an all -terrain vehicle in the City of Gem lake between the hours of eleven.(l 1).a'elock p.m. and seven (7) o'clock a.m. prevailing time: in Ramsey County, Sunday through. Thursday, and:from One (1:).o'clock a.m. to seven (7) o'clock a.m. on other:days, i ncludi ng. the day preceding a national holiday. iii) Speed.. No person shall operate an alf-terrain. vehicle in the City of Gem Lake at a speed .in excess of limits'"specifically posted fpr such use.or as a. speed in excess of fifteen (15).miles .per. hour within. one hundred fifty (.150) feet of any fisherman, fish house, pedestrian, skier, skater, skating rink, sliding area, ski tow area; .or other areas where such operation would. conflict with or endanger other persons or property. iv) Authorized All -Terrain Vehicles. Authorized all -terrain vehicles may be.used On any public property within the City for. rescue; emergency or law enforcement:purposes. c) Calf Carts i) Lie en se .and G.peration. In order to operatc:a go]fcart. on City Streets,.operators.sha]I have a valid driver's license or learner's permit,.a.long with a current City issued Golf Cart Permit and proof of insurance..Eve ry.motorized golf cart operator must. have proof of insurance in possession while operating the motorized golf cart on designated streets,.and shall.prod.uce such proof of insurance on demand.ofa police officer as specified in Minnesota Statutes Section 169.70..1. ii) Hours of Operation. Golf carts may only be operated on desighated.roadways front sunrise to sunset. Golf Carts shall not be operated in inclement weather or when visibility is: impaired by weather:and. where unsafe road.conditions exist, or:at any time when there is insufficient light to clearly see persons and :vehicles on the roadway at a distance of 500 feet. Hi) Golf Cart Permit and Application. (1) operators of golf carts may. apply for it G o I f Cart Permit, using an application prepared for by the City. Such application shall include an .applicant's information, driver's license, a: copy of insurance, .information 'on the.golUcartto be operated, and other information as needed by the City to review. and issue approval or dealal of the permit. (2) A. Golf Cart .Permit will be issued. for a period of one (1) year and there shall be a fee required for administrative services as established. in. the City of Gem Lake Fee Schedule. This permit may be renewed annually. The Permit may be revoked at any time if there is evidence that the permitlee cannot safe ly.operate the. motorized. golf cart,.or if any other requirements pr sections of this Ordinance are found to be violated, after.notice and: hearing by%lhe. City Council. (3) A Golf Cart Permit shall beissued for a specitac.goIf cart.. A. current city -issued. operator's permit tag or sticker shall be plainly visible from the front and/or sides of the golf cart, as determinedby the City Council.: (4) Thegolf cart shall: be in good working condition:and. safe for the transportation of passengers. iv) Signage Required on Golf CArts::Golf :carts shall display the slow moving.vehicle tmblem.pmvided in Minnesota Statutes Section 169.522, when operated oa designated roadways; and be. equipped with a. rearview mirror capable of viewing at.least 200 feet behind the cart. Traffic and Vehicles Ordinance No. 144 v) Usesprohibited..No. person shall operate a motorized golf carton a public sidewalk or trail,unless otherwise authorized by the City.. d) Use of Stre.ets and Highways; Incorporating State TraMe Laws i} Highway Traffic Regulation Act:Incorporate d by.Reference. The.reguIatory provisions of Minnesota.8tat utes; Chapter 169, and any amendments. thereto or substitutes therefor that may .from time to tine becoine effective, are hereby adopted as a traffic:0rdinance regulating the use. of highways,.streets, and a]Ieys within.the`City. of Gem Lake and are hereby incorporated in and made part of this code as completely as if set out herein full. ii) Penalty. A.ny vio.lation.oftlie statutes adopted by reference: n 6.2..1 is a violation of this Code when it occurs within the City of Gem Lake. 3) Section 3. Parking Regulations. a) In General.:It is unlawfW for any person to stopstand or park a vehicle, except whet! necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or. traffic control device, .in any of the follow ing.places: i) On a sidewalk; ii) In front of a public or private.driveway; iii) Within an intersection; iv) Within ten.(10) feet of a fire hydrant;: v) On a crosswalk; vi) Within twenty (20) feet of a crosswalk at any intersection; vii) In a .sign=posted fire lane; vii1) W ithin thirty (30) feet upon.the approach to any flashing: beacon; stop sign or traffic control:signal located at the side of a roadway; ix) Within f fly (50) fee.t of.the. nearest rail of a. railroad. crossing;. x): Alongside or opposite any strect. excavation .or obstruction when such stopping, standing or:parking would obstruct traffic; (I) Onthe roadway side of any vehicle stopped or parked at the edge or curb of:a street; (2) On any. bridge.:or elevated structure. of a street; (3) At anyplace where. officia] signs prohibit.stopping; (.4): 1ri front.ofa mailbox during the hours of9:00 a.m. to 4.00 p.m. Monday through:Saturday. Postal carriers must.be able to drive :inip acid out. of the delivery area without backingup. b). Passenger Vehicles, No passenger vehicle shall be parked on any street. Within the City'of Gem Lake for more than seventy-two (12) consecutive hours. c) Winter Farking Restrictions. The: parking of any motor VChicle.upon any road or street in Gem Lake is prohibited between the houurs of2:06 a. in. and 6:00 a.m. fro in November ]"tlrrough April II of.each year. Tral}ii and Vehicles.Ordinance No. 144 d) Snowfall Restrictions. liNo motor vehicle shall be parked on any street or boulevard within the City of. Gem Lake. after.a snowfall of one (1) inch or more which necess tates:the plowing and. removal of snore from the streets and boulevards in. the City until.such time as the .plowing and snow removal is. completed: No motor vehicle, trailer, or other.obstruction shall be locatedwithin two (2). feet of any street. or boulevard after a snowfall of .one (I ) inch until su..ch :time..as the pIoYing.and snow removal has: been cornpleted. e) : Enforcement of Parking Regulations. When the City Council,. or an officar or agency as designated by the City Council to enforce this Ordinance; find s.a vehicle standing or parked .on any street in violatio..n of this Ordinance, such officer is: hereby authorized to. move such vehicle .or require the driver or other person in charge. of the vehicle. to move the same. When the City Council, or Anofficer or agency as designated -by the City. Council to enforce this Ordinance, finds a vehiele.unattended and standing or parked in violation of this Ordinance, such officer is hereby authorized to. provide for :the .mmoval of.such vehicle and remove the same. to the nearest convenient garage; outdoor area or other place. of safety, and such vehicle shall not he removed therefrom until reasonable posts of moving and. storing the satn6 have been fully. paid. In.the. event that any vehicle held o.r stored under .:the directionof a police officer upon which there aMcharges for storage:or towing, or both, is not reclaimed, recovered or taken by the vehicle ..owner thereof, there shall be. deemed to.be.imposed upon such vehicle a Possessory Lien in the amount so charged and unpaid, and should the owner thereof fail to pay the same. then the Possessory Lien may be foreclosed ia.the manner provided by law: Penalty. Any person violating any of the provisions of this section .shalI be guilty. of a petty misdereanor 4). Section 4.. Enforcement. It. shalI be. the. duty of the Council to enforce .the provisions.of this Ordinance. The Council may, by resolution, :delegate to other officers or.agen.cies power to enforce. particular provisions of this Ordinance, including the power to inspectprivate premises, and the.offi.cers or agencies charged with enforcement ofthis Ordinance shall take all reasonable precautions to prevent violations of this ordinance. 5) Section 5. Penalties, In 'addition to any fines., costs,.or assessments provided.for by.this Ordinance Or -other City Ordinances; the City may prosecute a violation%of any provision ofthis.Ordinance.as a. misdemeanor, :apd.a person, if convicted, may be punished by the.. maxi mum fine and term of imprisonment provided by Minnesota Statutes §.609.02,.subd. 3, as that statute .may bearnended from time to.time.. G) Section G. ]incorporation of Ordinance .132, Ordinance 132 is.hereby incorporated into Section 2(c) of this Ordinance. 7) Section 7. Repeal. This nrdinance.supersedes,.replaces and repeals all prior Ordinances relating to the same subjects .contained Within this Ordinance. Any portion%of.such prior Ordinances not incorporated within this Ordinance is expressly repealed. 8) Section 8.. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid. by. any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whale, or of any partAbere of, other: than the part held to be invalid. 9) Section 8. Effective .Date. This Ordinance shad take effect 'and be in force from and after is passage and publication. Dated: Gretchen Artig-Swomley, Mayor Traffic and Vehicles Ordinanoe.No. 144 Melissa. Lawrence, Acting City Clerk TAo Memorandum To: Gem Lake Planning .Commission. Copies To:. Melissa Lawrence, Administrative Assistant From: Date: SUBJECT: Evan Monson, Planner August 2, 2023 MEETING DATE: BACKGROUND Reference: Discussion � Residential Short -Term Rentals Project. No.: 20459,000 Routing: Discussion :regarding Residential Short -Term Rentals .August 9, 2423 An item that has. come up for discussion at the Planning Comm ission. level is the short term renting of residential property, commonly referred to. as `short-term rentals' or STRs. A .short-term rental is a place. able to be rented for less. than a month. Traditionally, this has been limited to places and land uses such as :hotels, motels, bed and breakfasts, etc. Single-family residences around the country in the last decade have begin to rent their homes out now through popular websites and apps such as Airbnb, Vrbo,. Facebook, and .others. The stays booked. by guests are.:often for weekend trips or vacations, and can give a traveler an.additipnal choice for lodging, while the property owner can earn additionaHricome. Along with the benefits, issues can potentially arise with these. If homes. are being bought up and. used strictly for short-term rentals, the housing stock of an area can become.limited or more expensive for hornebuyers. Certain.saleshodging taxes cart apply to residences if they rent out to short-term renters, though without.local ordinances in place the owners of an STR..may be.unaware of these additional requirements, Homes. being rented out may not be informing renters of local rules and ordinances, which could lead to nuisance cornplaints from neighbors if Violations occur. TKQA 1 444 Cedar Street Suite 1500 i Saint Paul, M.N 55101 651.292.4400 • tkda_corn An employee -owned company promoting .affirmative action and equal opportunity. Short-term Residential Rentals Page 2 August,9, 2023 G.ern Lake. Planning Commission EXAMPLES Different communities have different rules regarding such uses. A few examples welooked at with another: clientcommunity are linked below: • City of Afton. • Cily of Bayport • City of Stillwater • Chisago County • May Townshig The examples range from allowing them through.a zoning permit (such as a CUP), a business license; or not at all, Many communities in Ramsey County,. including Gem Lake, require licenses for residential properties: that are rented out; such ordinances can be amended to cover or exclude short-term residential rentals. ISSUES TO CONSIDER There. are a couple things to consider in terms of what, if any, regulations. should be adopted in regards to these uses. Allow .or not allow Some communities have. gone so far as: to not. allow short term renting .of residential properties at all. Such a restrictive ordinance would require. notifying of the public that they are not allowed. Enforcement of such an ordinance would Likely require someone.to monitor listing sites for listings of stays within the City; would this be.a reasonable use of staff time? The Commission may want to discuss whether it would be necessary to not allow them? There :'ls also the possibility that,such a restrictive ordinance could be rendered moot. by the State in the future if they decide to make it a use that must be allowed. Owner -occupied, owners present Certain communities limit short-term rentals to homes that are owner -occupied; the homes:are hot just used for rentals but are actually the residence for someone. Limiting it:to.owner-occupied residences can prevent people from .buying a. house just to list as..a. short-term :rental. unit. There are also. places thathave required the homeowner. be present during the stay of guests. Presumably this serves as.a way to. help prevent guests. from getting rowdy .during.their stay, though regardless of whether an owner is present the guests would still need. to follow.any local rules. regarding noise, nuisances, etc. Limited number of days There are communities that have Iimited the renting to -a certain number of days each year,. This can be:a way to prevent residences from having a `revolving door.' of guests every week or weekend. At the same. time, is it necessary to.limit a. house to, say, only renting out for x days a. year? Permit vs License There are. different ways such a use can be permitted. It can. be. permitted through a license, such as what the City does for certain .cori'mmercial businesses: It can be permitted through a zoning permit, which could 7 Short-term Residential Rentals Page 3 August9, 2323 f Gem Lake Planning Commission I. include a.Conditio.nal Use Permit (CUP),. or an Interim Use Permit 0UP)..An I U P and CU.P would require. review and approval from the Planning. Commissiori. and Town Board, whereas a license would be able to be issued administratively by staff. There could be -requirements for inspections of the site .prior to the. issuance of the permit or license, NEXT STEPS There is no.formal action. req uested at this time,the. above is: informational only.,lf#he. Planning Commission has a consensus on whether to allow or not aliow.short-terra rentals, the commission can discuss further details at a future meeting. .7 Vacation .Rentals — Is regulation worth it? TABLE OF CONTENTS 1. City of St, Paul Ordinance No. 17-49 .2. City Of St.. Paul Short-term..Rental Study 10-12-20.1 G 3'. City of Minneapolis Ordinance. No. 2017-n55. 4. City of Prior Lake City Code Section 315 5. City of Stillwater Ordinance No.. 109.3 6. Stillwater City Council Memo 12-1-201.6 7. League of Minnesota Citifies, Cit}) Regululivn:of Short-term R..entals by Owners 8. Minnesota..Department of Revenue — Vacation Home Rentals 9. 11ilinnesota Department of Revenue — Residential Short-term Rentals W. Greta Kau[, Short-terin Rendals Are. Nomt Legal in Minneapolis, MfNNPosT, December 15.2017 1.1. Jim Buchta, With Super Botivl Rooms on Short Supply, Private Home Rentals. Rise,. STAR TRIBUNE, Oct. 30, 2017 12. Vacation Rental Website: Reference List City of Saint Paul. Signature Copy Ordinance: Ord 17-49 File Number: Ord 17-49 City Half and Court House 15West Kellogg. Boulevard Phohe: 651-266-8560 Creating Chapter 379 of the .Saint Paul: Legislative. Code pertaining to Short Term Rentals. THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN: SECTION 1. That Legislative Code Chapter 379. entitled.:"Short Term Rentals" is hereby created to read as follows:' Chapter 379. Short: Term Rentals Sec. 379.01 Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this: section. Booking Service. Any reservation andlor payment service provided by a person or entity that facilitates :a. short-term rental transaction between a short-term rental host: and a. prospective shart4erni rental guest, and for which the person or entity collects or receives, directly or.indirectly through.an agent or intermediary, a. fee or cornpensation in connection with the reservation and/or payment. services provided for the short-term rental transaction. City. City of Saiht.:Pau€ Compensation.' Remuneration or anything of economic value that.is provided promised or donated primarily in exchange for services. rendered. This includes, but is not limited to, voluntary donations, and fee -sharing. Director. The Director of the: Department: of Safety and Inspections or his or her designee. Dwelling. A. building that contains one-, two-, or multipledwelling units, intended .or designated to be used, rented, leased, letor hired out to be occupied for living purposes, Dwelling Unit, A single unit providing. complete, independent .lMing facilities for one or more persons, including permanent provisions for living; sleeping, eating,. cooking and sanitation: Guest. Any person or persons: renting a short-term rental. Responsible Party. An individual[s) with the legal authority to make and act on.decisions of tenancy, building maintenance, complaints ar.id repairs relating to: applicable safety codes. The Responsible Party must be available as a point of contact: for the City as welt as any Short-term rental guest(s) for the duration of the quest(s) stay in the.Short=term rental.. City of Saint Paul Page.-9 Printed on IW719.7 File Number., Ord 1749 Owner. Any person who, alone or with others, has title or interest in any.building, property, dwelling, dwelling unit or portion thereof, with or without accompanying actual possession: thereof, including any person who as. tenant, agent, executor; administrator, trustee, or guardian of an. estate has charge, care, control of any -dwelling or dwelling unit. Person, Any individual, firm, corporation, association, governmental entity, or partnership and its agents or..assigns. Short-term rental advertisement.. Any method of soliciting use of a dwelling or dwelling unit, .or a portion of a dwelling unit:for short-terro.rental purposes. Short-term rental, A. dwelling unit, or a portion of a :dwelling unit, rented for a. period of less than thirty (30) days. No more, than one (1 ).rental of a short term rental dwelling unit or portion thereof .shall be permitted per day. -Use of a short term rental. dwelling unit for any commercial or social events is prohibited. S..hort-term rental host... Any person who is the owner or tenant of a dwelling unit, or portion thereof who provides a dwelling unit; or portion thereof, for short-term rental use. Short-term rental host. registry,. A. log. of information maintained. by the short-term rental host. Short-term rental platform. A person. or entity that -provides a means through which an -owner or tenant of a dwelling unit, or portion thereof, may offer the dwelling unit, or portion thereof, for short -terra rental use and from which the platform derives revenue, including but nct:limited to; booking fees or advertising revenues':from providing or maintaining booking services. This service includes but is not limited to allowing a short-term rental most to advertise. the dwelling unit; or portion thereof, for short-term rental use through a website provided by. the short-term platform and providing a means for potential users .to'arrange payment for use of the short-term rental, whether the user pays directly to the owner or tenant or to the short-term -rental platform,. Sec. 379.02 License required. (a) It is unlawful for any person to operate as a short-term rental platform within the City without a valid short-term rental platform license issued.pursuant to this chapter, (b) It is unlawful for any person to engage in Short term rental advertisement or operate as a short -terra rental host within the. City without a valid shorMem) rental Bost license issued pursuant to this chapter. Sec. 379,03 License fee and license term. (a) The: annual fees for the issuance of a:.shor-t-term rental platform license and short-term rental host license shall be established by ordinance as provided in Chapter.310..09 of .the Legislative Code. (b) .A short-term rentalplatform license and short-term rental host license. shall expire..one year from the date the license is issued and must be renewed annually. (c) Short-term rental platform Iice nses:and short-term rental host Iiden ses are:non-transferable; City of Saint Paul Page.2 Printed on.10/27/17 Fife Number Ord 17-49 Sec;. 379.04 License investigation and issuance of Short-term rental host and Short-term rental platform license. (a). Upon receipt of an application for the issuance .or renewal of a Short-term.host license or Short-term rental platform license., the Director and the Police Chief must.investigatethe appliication for compliance..with all.applicable;provislans of this code. Sec. 379.05 License applications. (a} Short-term rental platform license: 1. Application for the issuance or renewal of a.. short-term rental. platform license shall be made in writing to the Director on a form. provided by the Director and comply with requirements set out in Chapter 310 of the. Legislative Code. 2. No license: maybe. issued pursuant to this chapter if Short-term rental platform license held by the applicant, officer or any other person holding a twenty-five (2 5) percent or greater beneficial interest in the property to be used as a. short-term rental hasbeen revoked for any reason other than nonpayment of license. fees withimthe previous five (5) years, 3. In addition to grounds for adverse action set out in Chapter 310 of the. Legislative Code, adverse action may also be taken if The applicant, :officer or any other person holding a twenty-five (25) percent or greater beneficial interest. in the short-term rental platform has been convicted of a felony within the past five (5) years, or any gross misdemeanor or misdemeanor involving the use of force, possession or sale.of a controlled substance, prostitution or indecent conduct. (b) Short-term rental host license I. Application for the issuance or renewal of a short-term rental host license shall be made i.n writing to.the Director on a form provided by the Director and comply with requirements: set out in Chapter 310 of the Legislative Code. 2. Short-term rental host licenses Must be accompanied by an affidavit of compliance attesting that each dwelling unit, or portion thereof, offered for short-term rental use satisfies the. safety requirements of this chapter.. 3. The.application shall include all requested information. including the exact location of the dwelling unit or units which will 'be used as a. short-term rental. 4: The applicant shall be C.wner(s). of the short -terra rental property to be used as a short-term rental. The full. legal names and addresses of all corporate officers and persons holding a twenty-five (25) percent or greater beneficial interest in.the business shall. b.e provided on the application. Sec. 379.06 Short-term rental platform general provisions All short-term rental platforms must complywith the following: City of Saint Paul _ Page 3 Printer! on 10127117 Fife -Number, Ord 77.45 (a) Possess a valid short-term rental pfatf orm license issued in the City pursuant to this Chapter. W & Provide the following. information :electronically to the City on..a:quarterly basis: ,I . The total. number of short-term rentals in the City listed on the piatform during the applicable reporting period; 2-The total number. of nights each listing in the City was rented through the short-term rental platform during the applicable reporting period, 4d} ipl _Inform all snort -term rental hosts who register with theshort-term rental platform of the short-term .rental hosts responsibility to collect and remit ail applicable local, state and federal taxes unless the short-term rental :platform does this on the hosts behalf. A-we49-rRemove.listings from the.platform upon notice from the City that short-term rental host's has not obtalhed.a license in the city., or the short term rental.. license has.expired or been revoked. {�() Include the short-term rental host's license number.on.the listing.. Sec. 379.07 Short-term rental host general. provisions All short-term rental hosts.who.offer dwelling Units, or porti.ons.thereof, for.short-term rental use in the City must comply with the following within 5 business days of a request from the Department: {a) Provide documentation and.a signed declaration of compliance attesting to compliance with subsections. (b) through (i). (b) Provide local contactinformation to all short-term rental guests during a.guest's stay, The local. contact must be available to respond to inquiries at the short-term rental during the length of the stay: (c) Comply with all.applica.ble City, State and Federal Laws. City of Saint. Patti Page 4. Printed on 10/27/17 Fife Nuramber. Ord 97-49 (d) Ensure that .all dwelling .units have. working smoke. detectors. and carbon monoxide alarm(s) in every bedroom and on all habitable floors and a properly maintained a0d charged fire extinguisher. (e) Post.the following information in:a conspicuous place within each dwelling unit.u.sed as a short-term rental: 1. Emergency -contact information; 2. Contact information for the short-term rental host or the Responsible. party; 3. Street address; 4. Floor plan indicating. fire exits acid escape routes; 5. Information about how -a guest can contact The. City of Saint Paul, Department of Safety and Inspections to report any concerns or complaints; and 6, Maximum ❑ccupancy.limits.. (f) Maintain liability insurance appropriate to cover the short-term.rental use in the aggregate of not less than $300,000 or conduct each short-term rental transaction through a short-term rental platform that provides equal of greater coverage. (g) Remit all applicable local, state and federaltaxes unless the short-term rental platform does this On the short-term rental host's. behalf. (h) Keep. a. Short-term rental host registry that includes. at a minimum a cumulative tally to date .of . the number of nights that each listing onthe platform is booked for rental during the remaining months of the calendar year: and documentation of the amount of rent paid by guests. in connection with therental of each short-term rental. listed on the -platform during theapplicable. reporting period. () Provide the Department of Safety.and. Inspections with accurate information regarding the name acid contact information for.Res ponsible Party. Sec..379,08 Penalty Each violation of section .379.02 shall -be a petty misdemeanor: SECTION 2 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval, and publication.. At. a meetingof the City Couricil on 10/25/2017 this ordinance was adopted: City. of Saint. Pau! Page 6 Printed on 10/27/17 File Number.' orrl 17=.49 Year 6 Councilmember Brendrnoen, Councilmetiber Theo, Council member Tolbert, City Council President Stark, Councilmember Noecker, and Councilmember Prince: Nay: 1 Councilmernber Bostrom Vote Attested by Council Secretary Approved b the Mayor pp Y Y Trudy Moloney Chris Coleman Date 1005/2017 Date 10127/2017 City of Saint Paul Page 6. Printed on 107/17 CITY OF SAINT PAUL Christopher B. Coleman, Mayor Date: October 12, 2016 To; Neighborhood Planning Committee From: Kady Dadlez,.. 65.1/266-6619 Re: Short Term Rental. Study T)EPARTmENT of PLANNING & ECONOMIC DEVELOPMENT Jairarlian Sage-Marririsan,.d]irector 25 Wes.1 Fourth Streel Saint Paul, .MN 55102 Telephone; 651-266-6700 racyhWfer 651-266-6549 Attached is the Short.Teirn Rental Study presented to the. City Council on July 6, 2016. This was prepared in response to a City. Council resolution earlier in the year asking the Department of Safety and Inspections (DSI) and the Department of'Planning and Economic Development (PED). to. study Airbnb and su- nilar companies. The charge was to see how their operations align with current City ordinances and to evaluate whether current codes ensure that visitors, landlords,:A.irbnb neighbors; and private.property are safe and protected. The resolution also calls. for: the departments to ensure that the appropriate.taxes are being. collected fxom.these sorts of properties. and uses. Upon receipt and review`.of the study, the City Council made .the. following. recommendations: - Develop:a Zoning Code amendment to. permit. short term. rentals as an "incidental transient occupancy" and develop standards related to owner occupied and non -owner .occupied units,. - Develop an ordinance amendment to fully regulate non -owner occupied units for life safety concerns through the. Fire Certificate. of Occupancypxogram,. Develop a rraechanism to ensure tax collection is occurring, possibly via host platforms. - Develop.an ordinance amendment to license hostplatforms, with specific requirements relating to reporting and compliance. -. Utilizecomplaints about short terva rentals to: inform recommendations for future regulations. Educate City staff (police, fire, and inspectors) about the presence of short term rental uses in neighborhoods. and. the potential for complaints. Planning; staff is in the process of developing a. zoning code amendment but does.not have draft language ready for review, Staff is seeking your thoughts and input. No action by the Neighborhood Planning Committeeis requested at this.time. City of Saint Paul Short Terra. Rental Study Report for the Saint Pau[ City Council Department of Planning and Economic Development Department of Safety and Inspections 6-30-20I6 Introduction One facet of the "sharing economy is the ani€ne; short term rental of houses; apartments; and. condornin!ums. Continued growth of the "sharing.economy" has led to an increase in.websites (host platforms) like Airbnb and VRBa, which efficiently enable individuals (hosts) to offer space and. for renters,to.find space. The: definition of a. short term rentaIva riesby municipality since each chooses to regulate differently. Generally speaking, a short term rental is a dwelling unit (or. bedroom) being.rented for a period of less than 30 consecutive. days, with or without the property. Owner or tenant present.. Somejurisdictions use other terms,.including vacation rental, timeshare, and tourist rooming house.. By -comparison, Lodging Estahlis.hm.ent in. the State of Minnesota is generally any structure, or any partthereof, that is offered for less than.a week. Short term. rentals are occurring in Saint Paul. While'there is no official count, there are.approArnately 250 online listings for Saint Paul. Under current regulatio ns,: sho rt term rentals are not permitted in. the :Zon.ing Code and there is no licensing requirement. However, short term rentals are .regulated to some extent by the Fire Certificate of Occ u pa ncy program: Recognizing the potential impact of short terra rentals, the Saint Paul City Council adopted.a resolution.. asking the Department of Safety and Inspections and the Depa rtme nt.of Planning and Economic Development to study Airbnb and similar companies and how their operations .align with current city ordinances a.nd to. evaluate whether current codes. ensure that visitors, landlords, Airbnb neighbors; and private property are safe and protected. The resolution also states that departments shall'ensure that the appropriate taxes are being collected from.these sorts of properties and uses.. Key Findings S.ased.an the analysis of short terrri rentals in Saint. Paul and a. review of nationwide best practices found in the City of IVew Orleans Short Term Rentalstudy, the following findings informed staff recommendations: • Saint Paul has approxiniately 250 short term rentals. listed online. These short term rentals.rnay be an entire house, a room, or couch, They may occur. In owner.o.ccup€ednr non -owner occupied units. • Since there are. no regulations specific to short terra rentals. it can be. difficu It to locate them and determine thelength of stay.. ■ Short term rentals in Saint Paul donot.appearto.be.. generating.many complaints related to negative behaviors.or unsafe. conditions. 1. Existing Conditions in Saint. Paul Number of :Short Tenn Recitals The actual number ofturrent short term rentals in Saint Paul is difficult to determine since sorne.of the online. sites do not p.royide.a.ddresses,.units maybe Iisted.onrnore than 1 site, and the units can be very transient. Drawing upon several sources, it is estimated that there are approximately 250 sliortterm: renta€s listed online in'Saint Paul. Examples of online sites: '�'PiCb�rt3' ��� Srinl Pauir Mfi 6r rem.. Heat r H.Ip firn tlP iepjn 4! t. Re•m7yv.� {] Eni\•IamJ•Rr Q' j$ P;.nle ryem b'. �Llyree h•n © u'NyF.�� a j„t•..t� +••�,,• p • .r• M �'`j� 1 �. • "l Pcie. O n, _ . sib Sai w..,.r•Y I. y*1:'WO4�d ,:ri>n.�• wwrr 0 ' � F1M.r dcvaro iaa luR rldi sddAbvl}�eaa � ! ��'Pr� � `�� -• "Gn'�k Syr t� - Qi:�a1air.nacurr.eey Selnt PauCMN, USA,_. _- _: _.___-..__..-..________� � Rrrh�ct �[.� eprR` .�� ❑Id+,i hvnH4,K1 i Glie..y� =4 i C�;:�sea�c So ey, vRPe Sect• Arks Any : heap= Am.- Palmyra tiiry.r: CmRkgypr .. MR-' M"11Iric 'AM* . ����.'���:nFu'az l+.4.l,rinw,r 4icw1+F.�°1 .F �f 46 tr m •M.e beirxn ... .• tttv/Nt+nrxn "t e LZ- :::3 Complaints and Safety Issues Information was:.gnhered on 45 short term rentals ih'SainT Paulto.assess .impacts. The review of police calls and Fire Certificate of Occupancy issuesreveal.ed fimited reports..of negative behavior or unsafe. con ditions.'See the Appendix for details.of the assessment. .3 .. Current Regulation The City of Saint PauWoes not have an ordinance specifically regulating short term rentals; Short term rental. is hot fisted as a permitted use in the zoning Code. Ally use not:specifically permitted under the zoning Cade is. prohibited, Legislative Code 566.101(c). In addition, there are no permitting ❑rlicensing regulations specl. ic.to the. operation of.short term .rental businesses in the.City of Saint Pa.ul.. That being said,.short term rentals are regulated to some extentthrough the Saint Paul Legislative .Code Chapter40 Fire. Certificate .of Occupancy'. Generally speaking; where there: is a Fire Certificate of Occupancy "inspection far individual units,.as in apartment buildings, short term rental regulation.can occur. However, it is important to point out that there are nocurrent. requirements regulating time or length of rental agreement.. Where no Fire Certificate of Occupancy inspection of individual units takes'place;.as in owner occupied dwellings and condorniniums, no short term rental. regulation occurs. Current Short Term.Rentai Permitting and Licensing Currently:there are no: permitting or licensing :reguiations specific to the operation of short term rental businesses in the City of Saint Paul. Current Short 'Term Rental Regulations Relating to Life Safety and Certificate of occupancy Owner Occupied 1 and 2 Famil +y D.wellings - Short term rental is.not regulated by.Saint.Paul Legislative Code Chapter 40- Fire Certificate of Occupancy. Owner occupied units are exempt from the,certificate inspection :by Chapter 40, The City could. respond. to complaints of over -occupancy, life safety, and habitability. Non -Owner Occupied land 2 Family Dwellings (co-uld include. townhouse units.) - Short term rental Is regulated by Saint Paul Legislative Code..Chapte=r 40 -Fire Certificate of.Occupancy. However there are no requirements regulating tirne.or length of the.rental agreement. Multi- Family Dwellings of or More Units -•Short term rental is:regolated by Saint Paul Legislative Code Chapter 40 - Fire..Certificate of Occupancy: However there. are no requirements regulating time or length of the rental agreement. Owner Occupied Condominium [in a multi -family building) - Short term rental is not regulated by Saint Pau1.Legislative Code Chapter 40 - Fire Certificate of Occupancy. There is.:a certificate an the building, and the com mon.spaces areinspected, The individual owner occupied units are exempt from the certificate inspection by Chapter40. The City could respond to complaints of over -occupancy, life. safety, and habitability. Non -Owner occupied Condominium Unit (individ:ual unit in a. multi -faintly building) -Short term rental is regulatedby.Saint Paul Legislative Code.Chapter 40 Flre Certificate of Occupancy: There .is.a certificate on. the. building, and the. common spaces are inspected. The individual, non -owner occupied unitsare subject to the: certificate inspection by Chapter 40.. Ho.wever,.the City would have to know.thatthey are: being used as non- owner occupied units in order to schedule.the.inspectio.n. Generally a separate certificate is not required on the non owner occupied unit. ':According to Building; Life Safety Code Regulations; Saint Paul Legislative Code.Chapter 40 - Fire Certificate of Occupancy; and Saint Paul LegislativeZode Chapter 34 - Property Maintenance: 5 a. In residential districts, a conditional use permit is required for bed and breakfast residences with two or more guest rooms, and for any bed and breakfast residence located in.a two-fartilly dwelling. In RL— R4 residential districts, a bed and breakfast residence may contain no more than.one.guest room. b. The bed and breakfast. residence may hie established. in a one -family detached dwelling a a.two- 'family dwelling, located with[n a single main building. c, The guest rooms shaI[ be contained within the principal structure. d. There shall be no more than one person employed by. the bed acid breakfast residence who is not a resident of the dwelling: e..Dining and other facilities sha[l not be opento the public; but shall be used exclusively by the residents. and registered guests. f. No additional.exteriar entrances shall be added to the structure so[elyfor the purpose of serving guest rooms.. g. The. zoning lot shall meet the minimum lot size for the one-fami[y.dwelling or two-family dwelling in the. district. in which it 15lo.cated,. and shall have a. minimum.size according to the following combination of dwelling units and guest rooms: Q.welling Units. .Guest �RaomsMinimum Lot Size 11. 1 Il 12 3 14 16;000 7,000 l$1000 jz 1 16,000. 2 '2 7,000 I2 3. 18,000 1 h.. One -family dwellings may contain no more than four guest rooms. Twp-family dwell`irigs may contain no more than three. guest rooms. i. No bed and breakfast residence containing two through four guest.rooms shall be located.closer than 1,000 feetto an existing bed and breakfast residence. containing two through four guest rooms, measured in a stralght line from the zoning lot of an.existing bed and. breakfast residence. Permitted: R1, R2, R3, R4, T1, T2, T3, T4, 131, BC, 132; B3 Permitted/Conditional: RT1„ RT2, RMS, RM2 {P/Csometimes permitted, sometimes requires a CUP} Parking: x space per dwelling unit and 0.5 spaces per guest. room Hotel, Inn, motel There is no definition in the Zoning. Code. Licensing Code Section 407.02 - Definition "Hotel" means and Includes. every building or structure kept, used, maintained, advertised -or held but to the public tore a place where. sleeping or rooming accommodations are furnished.to the,general publlc fora shorter.period of time than one week,whether with or without meals. and which does not qualify for a bed and breakfast residence license under the. provisionsof chapter 318. The. person or persons in 4; Potential Impacts of Short Term Rentals The City of New Orleans issue d:an exhaustive study on short terra rentals in January 2016. This study provides excellent backS round on the ben etits:associated with and negative Impacts of,.shortterin rentals. These are importantforSaint Paul to. be aware of as it considers whether and how to regulate shortterm rentals. The OtVof New.OrleansShort Term RentoISfurly addresses the issues raised in the Saint..Paul City Councift..resolution requesting this study, The study discusses at length the benefits and .negativeeffects associated with short term rentals. Below is a summary of the:.benefits and negative impacts discussed the study. The benefits associated:with shortterm rentals are: Short term rentals are part of the rapidly growing sharing economy They provide additional incorne for hosts and individuals that support short. term .rentaIs - Short term rentals support the tourism economy and provide a significant financial beriefit to. the region There is potential for the City to earn additional income through taxes.and fees Short term rentals help reduce blight, activate neighborhoods, and support local businesses - The negative impacts.on.neighborhood quality of.life.and afFord.able:housing are.over stated as most operators are good managers The negative impacts associated with short term :rentals are: Short term rentais. are a commercia.l.enc.roachment.in residential neighborhoods Short term rentals reduce neighborhood. quality of life due to late night activity, noise, crime, litter, property damage, fire danger, loltering,. and reducers on -street parking: - Short term. rentals resuItIn a reduction in long-term residents.which changes the character of neighborhoods, especially in neighborhoods with the. highest conce.ntration of short term rentals - 5hort. term rentals. reduce the number of affordable housing ufi its in a city Short term rentals. havean unfair competitive advantage -from hotels, bed and breakfasts, and legal short term renta Is. they.are not lice nsed,.do not pay taxes, are not held to the 'same safety requirements, and have lower capital. and operating casts E into a neighborhood; 2) people uome.and go at.all times of the day and night; 3) since customers are not residents, they have no interest in maintaining the neighborhood; 4) noise; 5) trash;. and 5) transient nature of the operation. The City of Minneapolis does.not regulate short term.rentaIs and they report that they have not received many Complaints about them. Complaints that have been received have tended.to come from condominium buildings where unsold units are rented out and subsequently condom i.n€um residents become upset about'noise.and activity. The City fe.els.that it has a mechanism to deal with these complaints. it is aware that there are short.term rentals throughout:the.Citybut does riot plan to regulate there at this tirne..since.they do not seem to be causing a: problem. The. Appendix provides information about how shortterm rentals -are regulated.in.some Minnesota: citles.a.s well as information on short term regulation in cities outside of Minnesota. The .City of New Orleans Short Terra Rental Study: referenced earlier in this`reporta.isa includes an assessment of regulations adopted by cities around the United States. While New Orleans is a major tourist destination and has far more short term rental. units than 5alnt Paul, the information gathered in its study from other cities around the country has valLe and relevance to the conversation in.5a€lit Paul about: whether and how to regulate short terra. rentals. Impartant findings in the report are noted below. The City of New Orleans. Short Term Rental Study's:assessment of regulations In other cities. identified the components of a short.term.rentaI ordinance into the following categories and discusses each at. length. The main take away is that each city regulates differently depending upon the issue it is trying to add ress,.but many cities tend to include most of these [terns in.their regulations. The study also notes that the.success experienced by the cities surveyed varied. and that the best regulations were adapted over time as issues arose: - Definitions (most: are called shortterrn.rentaIsthough some use. vacation rental, timeshare, a tourist rooming house) - Categories (full.dwelling unit rental; single -roam rental, a shared -room rental). - size limitations (number :of rooms that can be. rented) - Can centration.(limits on number of units within a geographic area) - Time. limitations (generally less.than 30 days, the number of times a unit. ean be rented per year). - Owner occupancy (whether awner or tenan! occupancy is. required. and for how many days per year the Owner must accupythe unit) Use.Standards.and Guidelines (no changes to allow a separate entrance, parking, agent contact information, posting of city ordinances, accessible agent to respond quickly to compla€nts, limiting number of visitors. guests may. have) - Fees (generally between 100 and $150) - Notice.(information posted alerting.surround ing pro pert€es:ofthe.:use as;a short term rental). - Taxes. (co liectionand pa.ymentoftaxes .either by hosting platform or:host) 11 ORDINANCE 2017-055 By Frey I ntro $4.1st Reading: 6/16/20.17 Refto CARS 2nd Reading: 10/20/2017 Amend€ngTitle 13 cfthe Minn "polls Code ofOrdinancesmWIngtoo Licenses and BusinessRegulatione. The City Council of the City of Minneapolis do ordain as follows; Section 1..That the Minneapolis C6deof.Ordinances be am ended by. addrig thereto a new .Chapter .351 to read as follows: CHAPTER 35.1, SHORT TERM. RENTAL HOSTING PLATFORMS 351.10, DAnitions- Whenever used in this chapter the following words shall have the meanings Indicated. License. A short term rental hosting platform Ii.eense. Licansing offMaL The official designated to. supervise thelicensing:-and consumer services. functions provided by this Cpde.pursuant to sectlon 259.10. Short term rentvl hosting'plotfam A person or. entity that participates In the short-term rental business by providing, and oufiecting or receiving:a fee for, booking services throughwhich an owner may offer.a dwelling unit, or a portion thereof, for tourist or transient use. Hosting platforrns..usualiy, though not necessarily, prov€de booking services. through an 0ril[he platform that allows an owner to.advertise the dwell€ng unit through..a webs(te.provided by the hosting pIatfprrn and tha hosting platform con ducts .a transaction by which potential tourlst.or transient users..arrarge tourist or transient use and payment: whe6er the. tou ris t o r transient pays rent directly to the owner or to the.hosting platform. Shortterm. rentol property. A short term rental. property Is a residential dwelIfrg required by Chapter 244 to operate pursuant to a rental dwelling license ar.short term rental registraton providing..tourlst or transtent0cctipancy for a period of less titan thirty (30) consecutive days for a fee. 35.1,20. License Required. No person shall engage in the 96WfLy of a short term rental hosting platform in the city without a license Issued pursuant to this chapter. 351.30, Short term rental hokIng platform I[canse fee and IIcan se tern::, (a) The. annuaI fee for .the. Issuance or renewal of a short term rental hosting piatf.orm license shah[ be. as is 11sted In: the 11cense fee schedule. The Iice nsirg official may, .through the I[cense fee schedule, impose a lesser annual feefor .a shortter ni rentd hosting.piatform 6at11stsorwiil Iistn0more than one -hundred 6fty�150) durelIIrig units at any Oven time. The I1cense fee sha[I be. paid as a"precondition to issuance or renewal of the keme. (b).Except for .the Initial I[cense period, a short term rental hosting platform license.shall be issued or: renewed for a one (1) year license term starting on November 1st of each year. W A short term rental hosting platform .license.[s oonwtransferable. 351.40. Short term rental hosting platform license appIication, Appl€cation for the issuance or renewal of a short term rental..hosting platform license shall be.made in writing to the licensing official on farms pro'vided by .the licensing af(Icial and signed and sworn to by the appl€cant or, if the applicant €s a .corporation, limited liability company, ar partnership, by its au.thoriied agent. Each applicat[on, fn addition to any other €nformation that the licensing official may reasonably require in corinecdch with Issuanceor renewal of a license, shall mhtaln the Inforrhation requ[fed by this section. (a) If.the:lice nse appIIca ntis an individual: (1)Theindivldual's full narrie,.soclal security number, residence address; business address, business e-m6N address and business .telephone number; and (2) Aroof.:that the :appiIca nt f s atIeast eighteen (18). years of age, (b) I.f the Ifcense applicant Is.a corporation: (1).The corporaten ame, business address and.tel.ephpnenumber of the appl€cantand a:prItary contact person at. the oarporation inclpd. [ng name, title, telephone and.eiectronIc mail. address;. (2) The date and state .of I nco r po ra tf on; (3)The fuII names, titles, business addresses, buslness.e-rnaiI addresses and business.telephone nummbers of €ts corporate offfcers, and.of those stockh o I d er s who own twenty-flye (25),percentor more..ofttsvotir.ig shares, and of its au.thortzed agent, and any other information reasonably and Legally needed to identify such Individuals; and (4) Proof that the corporation is in good.standirg under the laws of the State of Minnesota. (c) If the ifcense applicant is a partnership or I[m€ted liability company: (1) The name, business address or principal oMce address and telephone number of the applicant and a primary contact person. at the partnership or company Including name, title, telephone and electronic mail `address; (2) The full narnes,.date of birth, residence addresses; e=maII addresses and residence telePhone numbers 6f the three (3) members who own the highest percentage € niter ests in such parfin ersh[p or IfrrmRed ItabllIty company; (3) The general partner of a partnership; (4) The managing member of a limited liability company; (5)Thte applicant's author[zed agent; (6) Any. other mern ber who owns a twenty-five (25) percent or more inbare st therein; (7) The.full: narne,.address, a -mail. address and telephone number of a person:@uthorized to receive notices 1 i Y i. { 7 issued.pursuant.to this chapter; and t. (8)Prod f that all persons, partners, managers, managing memmbers.and members, .as applicable,.are at s r, least eighteen (18).years of age. 351.So,.5hortterm rental hosting platform,.qualit] cation0for.1icense.. In order to qualify fpr a short term A. rental hosting platform license, whether upon initial application or upon application for.renewal of a .license, an appI[cantmustmeet the requirements of thl.s`sectfon. (a) An applicant shall be in co m p] 1 an pe wi th. aii.applrcable clty, st ate;and federal laws and ordinances. Y (b) With respect to :arty corporate or Iimited Ilabl]ity companyapplicant the company shall be organized, reg [ster ed, o r qualified to do business under the laws of the State of Minnesota. (c) The applicants) shall be the true beneficial owner(s). of the short term .rental hosting Platform to be ; i licensed: The. provisions of Minnesota Statutes,:Chapter 364 shall go'vem the elrgiblllty of an appii.cant or license.holder .to. acquire or mafntaln a short :term rental hosting platform license basest on a prlor'or l present.criminal conviction orconvictions. a (d) I n cases where renlaI fees for lodging are oolIected by. the hosting. platform, the applicant shall comply } i with all requirements.of the State of Minnesota Department of Revenue to accurately co11ectand remit sales. tax es and any other applicable. taxes attributable to short.term rental transactions:occuiring In the City of M[nneapolIs. 551,.5t). Short term rental hosting platform license, Investigation and lssuance.._Upon receipt o.f an application for the Issuance or renewal of a license, the licensing offlcial, the director of regulatory services, an& the chief of police. and those officials.' authorfied representatives may fnve.stigate. the application for compliance with. all applicable provisions of this Code, Including but not Iim.ited to., the applicant's compttance or .ab11Ityto comply with the requirements specified in. this Cede. ML70. Requirements, records and reporting. (a) Each licensee shall provide, or make available for inspection, the data-re.qutreo by this sectlon.to Thelicensing offfcial,'at such times and Inn format and manner prescribed by the 11censing official, Data prov[ded pursuant to this section shall bed eemed to be not.public data to the extent permissIble.under the Minnesota Government Data Practices Actor other applicable Iaw.To the. extent required by a pp II cab leIaw,.a licensee shall be. entitled to. an.opportunity for pre-compliance.review which may entail an expedited review of any.objected-to records request by a rimunic[pal hearing officer. The hear(..ng officer shall affirm the records request upon a shmWrrg by the city that access to the records Is masornably calculated toeffectuate and further the lawful regulatory. dutles created by this Chapter and existing law, and that no other lawful reason to quash or modify such request has been demonstrated. To the .extent permitted by law,. the, decision.of the hearing officer may be appealed to and reviewed by the district courts of the State of Minnesota: (b) Every licensee shall Keep accurate bopks and records of a. coo unt of the licensee's operations at time IIcehsee.'s.pl.ace of bus iness`for a minimum of.three (3) years,.lncluding., (1) A.IIstof property addresses in the City of Mfnneapolis that have aIIowe- d.the short term rental hosting platform to list, adverdse,,and or coordinate the short term occupancy of the property; and (2) TheannuaI number of rental days, amount charged, Including: all fen and:taxes; as needed to audit to determine camplia.ncewith tax regulations as requ€red. by: the Minnesota Depar"ehtof Revenue; and (3) Any other commonly retained business records regardfr-g. the operations of licensee withfn the city, including composite, aggregate,. or €ndiv !du aIfzed sortable data.. (c) All hosting platforms shall pr.ovlde a notice to any user listirg a dwelling unit looa.ted within the. City of Minneapolis through the hosting pIatform's service. The`notioa shall be provided prior to the user I€sting the .dwelling unit and shall adufse.the..user that Chapter 244 of the Minneapolis Code of Ordinances r.egufates short.term rental of dwelling units, that a rental dwelling license or short term rental registratfon is required, and the t.co mp I [a nce wl th property maintenance, €nspectlon and other standards is.requfred: The notice shall be in a format ap proved. bythe IIcensirg official and the director of'.regu16tory seruices who may require that such notice link dlrectlyto a designated My of Minneapolis €nforma.t€onal website or portal. (d) A short term rental hosting platform licensee shall complywf th the requirements of local and.state tax collection laws., among any other applicable requIrernents. Whenever the hostfrg p [a tform, col.lects rental fees for lodgfrg, fE.shall collect anal remital[ required taxes on behalf of.the.:short term rental property owner or operator.:A hostfrg platform shall mainta€n a record.demonstrating that thetaxes have been remitted to the Mfnnes.ota Department of Revenue or other.appropriate agency.. (e) For. not less than three (3) years following the end of .the.cal endar year In which the. short-term rental transaction occurred,. and in response to valfd legal process or a lawful request from an authorixed:city official that provtdes an opportunity for legally recognized pre -compliance review and appeal., a hosting platform shall maintain and be ebie to provide for each short-term rental transaction for which a hostirg platform has provWed. a book€rg service: (I) The n.ame.of the owmer.or entitywho offereda dwelling unit`for tourist.or transfentuse; (2) The: address of the dwelling unit; (3)The dates for which the tourist.or transient user procured use of the dwell€ng un€t using the: bookirg service provided by the hostfr-g platform, and. (4) The registration number for the dwellf rg unit: 351.8D, Adverse Ifcense act €on. (a) The licensing off€.cfaI may.seek all applicable penalties, €nddding. but not IImfted to fines, Iiten Se conditions, Ifcense suspension, denial,. and license revocatipn In addition to any other lawfully -authorized sanction or relief against any licensee that violates any requfrement of this chapter. Before any condition, suspension, revocation, or fine is imposed, or other sanction. -or relief is ordered, the licensee shall be notified of the specific charges aga€nst them and of their right to 'a hearl ng. (b)Any person whose short term rental hosting platform I€tense is revokecf. or dehied under this chapter shall be ineligible: to have any interest In; ar receive another short term rental hosting piatform 1€cense under the same or a different name.for a period of: five (5).years following r.evocatton or denlal. (c),In'add€don to the powers authorized fn this section; .the city couneii may. suspend, revoke or deny renewal or impose any other authorized adverse license action against :a. licensee or applicant I accordance with other appifcable sections of the Minneapolis Code of Ordinances, Minnesota Statutes and Rules, or Federal laws and rules. 351.9.0. Violatlons and penalties Vfoladons of the provisions of this.chap.ter may be: enforced by any one (1.), al[,..ar any combination o.f the folloWng penalties and rerriedies: (1) Vol ataons may be enforced pursuant to section 1.90.of the Minneapolis Co0q of Ordinances; (2) Violations may be.enforced.as adminfstratfve offenses.pursua0tto chapter 2 of th e M hn. ea pol 1 s:Cade of Ordinances. (3) Violations may constitute just cause: for the. imposition of adverse license action, including but not limitedtry: i lcense su spension or.revocation. (4)This chapter. may also be: enforced by injunctiorp.abatement, mandamus, or any other -appropriate remedy in any court of ccmpetentIurlsdichion. 35LIM. Duty of platform to remove unauthorized.listings,.Upon the request and notiffcatlon by the director of regulatory services, tine licensing offf dal, or those official's authorized representadves, a sl ort terra rental hosting piatform shall promptly reiitove:a property from 11sting.and advertising platforms so as to prevent a booking or leasing of the property when the property lacks:a required rental dwellir:g license or short term rentaI registration because such Iicenseor registration has not been applied for and Issued or because it has been revoked; withdrawn, denied or cancelled pursuant to the procedures required by this Code and applicable Iaw. 351,110. 5everability. if any portion of.tHs chapter fs determined to be Invalid or unconstitudonal by a court of competent jurisdiction; that portion. shall be deemed severed from the chapter, and such determination shall riot affect the validity of tN-remainder of the chapter. if the application of any provision of this chapter to a pardcuIar person or property. is determined to be 1nvaIid'6r unconstftutional by.a court of corripetentjurisdfctioh; such determ in atJ on: she] I not affect: the application of said provision to any other person or pr6per .ty. on roll call, the resuIt:was: Ayes: Reich,Gordon, Frey, Yang, Wersame, Goodman; Glidden, Cano,.Bender,. Qulncy,.Pa[m Ise no (1 1) Noes.,A. Johnson (1) Absent; Presidentjohnson (1) Adopted, as amended. Business Regulations SECTION 315 SNORT TERM. RENTALS SUBSECTIONS: 315.100: PURPOSE 315.200: SCOPE 315.300: DEFINITIONS 315.400: PERMIT. REQUIRED 315.500: RESPONSIBILITY OF OWNER 315.B00: DISORDERLY CONDUCT 315.700: SUSPENSION AND REVOCATION 315MO: APPEAL .315.900: PENALTY 315.100:. PURPOSE: The purpose .of this Section is to ensure that the .short-term rental of dwelling units in the Gity's Residential Use Districts. is conducted, operated, and maintained so as not to become a nuisance to the surrounding neighborhood or an influence that fosters blight and deterioration or creates a disincentive to reinvest in.the. community. 315..200. SCOPE: This section :applies to the short-term rental of all dwelling units located in the City's Residential Use Districts. 315.30.0 DEFINITIONS: The following words andterms when used in this Section shall have the following meanings unless the content clearly indicates otherwise: Bedroom: A habitable room within a single-family dwelling which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen, dining. room, or living. room. Code Enforcement Officer' An employee of the City designated as the Code Enforcement. Officer. The term Code Enforcement Officer also includes all City employees authbrized by City Code Section 1.04.4fl0 to issue citations. Dwelling unit: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities: for cooking and sleeping. Occupant: Any person who :occupies a dwelling unit or part of the same, Owner.- A person having legal or equitable interest in the dwelling unit or its premises Off. -street parking space: An area on the permitted premises or within a building on the permitted premises intended for the use of temporary parking of:a motor vehicle which has a means of access to a public street. An area. on a private street or easemen# may be considered an off-street parking space far purposes of this Section at the discretion of the City Manager only in the following .pircumstances: (i) the area is. dedicated solely for the use of the permitted premises; (ii) the ,area is contiguous to the permitted premises; (iii) Prior take 3151p.1 Business Regulati ns confirmation of the dedicated parking. is. provided to the City and. is signed by a person with authority over the private street or easement; and {iv} use of the area for parking will not interfere with the use .of the private street or basement, (Amd. Ord. 116-19,. pub/. 09117/2016) Permitted Premises: The platted lot or part of such lot or unplat led parcel of land on which a dwelling. unit permitted as a short-term rental, is located. Public waters: Any waters as defined in Minnesota Statutes § 103G.005,.Subd. 15. Residential Use District; The land -use districts identified in City Cade Section 1102, Subsections.11.02.100 through 1102,700, Short-term rental. The rental or lease ,of a dwelling unit in whole or in part for 30 days or less. Short -terra rental permit: The permit issued by the City for the rental or lease of a dwelling unit. in whole or in part for.3.0 days or less. Tenant: Any person who is .occupying a dwelling unit .under any agreement, lease, or contract, whether oral or written, which requires the payment of moneyas rent for the use of the dwelling unit. Watercraft: Any vessel, boat; .canoe, raft,. barge, sailboard, or any similar device used or useable for carrying and transporting persons on the public waters. 315.4.00 PERMIT REQUIRED: No owner shall undertake the short-term rental of army dwelling unit to a tenant or tenants unless properly permitted as hereinafter provided. 31:5.401 Application: An owner desiring to undertake or allow the short-term rental of a dwelling unit in one of the City's Residential Use. Districts shall apply to the Code Enforcement. Officer for a short-term rental permit. The. application shall by .subrnitted by the owner. The permit application shall be on a form prescribed by the City and. include all required information. 315.402 Permit Fee: Each application shall be accompanied by payment in full of the required permit fee.. The annual permit fee shall be determined by the City Council and: set forth in the City fee. schedule.. The fee shall not be prorated. 315.403 Issuance of Short -Term Rental Permit: (1 ) If the Code Enforcement Officer determines that an applicant has met the requirements for issuance of a short-term rental permit, the Coda Enforcement. Officer shall issue the applicant a short-term rental permit. (2) If .the Code Enforcement Officer determines that an applicant has not met the requirements for issuance of a short-term rental permit, the Code Enforcement Officer shall endorse on such application his/her disapproval and his/her reasons for the. same and provide the application acid recommendation for denial to the City Manager. The City Manager may either: (i) deny the application and return the endorsed application to the applicant to notify Prior Lake 315/0 Business regulations the applicant that his/her application is denied: and that no permit will be issued; or (ii) direct the Code Enforcement Officer to. issue the applicant: a short-term rental permit. 315.404 Expiration of Permit: Except as otherwise provided in this. Section, all. short-term: rental permits .shall. expire annually on December 31 of each year unless suspended or revoked earlier.. 315.405 Renewal of Permit: Applications for renewal of an existing short-term rental permit shall be made at least sixty (60). days prior to the expiration of the current short term rental permit. All such applications shall be .submitted to the Code Enforcement Officer on forms providedby the. City and shall be accompanied by the required fee. 31.5.406 Permit Not Transferable; No short-term rental permit shall .be transferable to another person or to another dwelling unit. Every person holding a short -terra rental permit shall give. notice in writing to the Code Enforcement Officer within five (5) .business days after having legally transferred or otherwise disposed of the legal control of: any dwelling unit for which a short-term rental permit has been. issued. Such notice.shall include the name and address of the person succeeding to the ownership, or control of such dwelling unit. 315.407 Resident Assent Required: No short-term rental permit shall be issued without the designation of a local agent. The agent mustlive and work within 30 miles of the dwelling unit. The Agent may, out is not .required to be, the owner. ❑ne person may be the agent for multiple dwelling units. At all times, the agent shall have on file with the Code Enforcement Officer a primary and a secondary phone number as well as. a current address.. The agent .or a representative. of the. agent shall be available 24 hours a day during all times that the. dwelling unit is being rented at the primary or secondaryphone number to respond immediately to complaints and contacts relating to the dwelling unit. The Code . Enforcement Officer shall be notified in writing within two (2) business days .of any change of agent. The agent. shall be responsible for the. activities of the tenants and maintenance and upkeep of the dwelling unit and shall be authorized and empowered to receive service of notice of violation of the provisions of City ordinances and state law, to receive orders, and to institute remedial action to effect such orders, and to accept all service of process pursuant to law. 315.408 Denial of Short -Term Rental Permit; Any applicant aggrieved by the denial .of a short= term rental permit or the non -renewal of.an existing permit may appeal to the City Council. Such appeal shall. be taken by filing with the City Manager within ten (10) days. after the date of issuance of the written denial, a written. statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting, forth the time and place of hearing. Such notice shall be. mailed, postage prepaid, to the applicant at his/her last known address at least five (5) days prior to the date set for hearing. 315.56..0 RESPONSIBILITY OF OWNERS: No owner.shall undertake or allow the short-term rental of a dwelling unit in a Residential Use District that does not comply with all .applicable City ordinances,. the laws of the State of Minnesota; and this Section. It shall be the owner's responsibility to ensure that all tenants, occupants, and guests comply with the following: 315.501 .-Maximum Overnight Occu anc The number of overnight occupants allowed for a. short-term rental shall he limited as set out below. Children under three (3) years of age are not be counted toward the limit. Prior take 315/p3 Business Regulations For lots of Yz acre or more if the. livable square footage of the primary building is under 1,500 square feet: 6 occupants 1,500 square feet to less than 2,000 square feet: 8 occupants 2,000 square feet or more: 12 occupants For lots of less than'/z acre:. under 1,500 square feet: 4 occupants 1,500 square feet to less than 2,000 square. feet: 6 occupants 2,000 square feet or more: 8 occupants 315.502 Off -Street Parking: The permitted premises shall contain off-street parking spaces equal in number to the number of bedrooms contained in the dwelling unit. The off. -street parking requirement fora short-term rental permit on Twin Island shall be satisfied if: (i)the parking requirement in City Code Section 1104/309 (3) is met for the permitted premises; and (ii) the number of on -land parking spaces equal in number the number of bedrooms contained in the dwelling unit. (Amd. Ord.. 116-19, publ. 0911712016) 315.503 Stora a .of Watercraft: Nowatercraft. shall be:. Permanently or temporarily placed or stored within the side yard setback. of the permitted. premises, as prescribed for the relevant zoning district byCity Code Section 110.2. 315.504 Maintenance Standards: Every dwelling unit used for short-term recital shall. conform to al.l .building and zoning requirements of the City Code,. special permits issued by the City, and the laws of the State of Minnesota. 315.505% Rental UmR.-No. dwelling unit shall be rented out more than 5 times per calendar month. 315.506 Occupants: The agent shall maintain a list of all current occupants of each dwelling unit, The agent shall make the list available to City staff and/or law enforcement upon request. 315.600 DISORDERLY CONDUCT: 315,601 Disorderly Conduct Prohibited: Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of theoWner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly, For purposes of this Section, disorderly conduct includes but is not limited to, a violation of any of following statutes or ordinances: (1 ) Minn -Scat. §§.609.75-600.76, which. prohibit gambling; .(2) Minn. Stat. §§.609.321-609.324, which prohibit prostitution and acts relating. thereto; (3.) Minn. Stat. §§ 1 .2.01-152.027, which prohibit the unlawful sale or possession of controlled substances; (4) Minn. Stat. § 340A.401, which prohibits the unlawful sale. of alcoholic, beverages; .(5) Minn. Stat..§ 340A.503, which prohibits the underage consumption of alcoholic beverages; (6) Minn. Stat. § 609.595, which prohibits..darnage to property; Prior Lake. 3151p4 Business. Regulations (7) .Minn. Stat. §§ 97B4O21, 97B.045,. 609.66-600.67, and 624.712-624.715, and City Code Section 804, which %prohibit the unlawful possession; transportation, sale, or use of a: weapon; (8) Minn...Stat: § 609.72,. which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the other occupants: of the permitted premises or other surrounding premises;. (9) Minn. Stat, § 1.52.027, subd. 4, which prohibits the. unlawful sale or :possession of small amounts of marijuana; (10) Minn. Stat. § 152.092; which prohibits the unlawful possession. Or use of drug paraphernalia; (.11) City Cade Section 605, which prohibits public nuisances; (12) City Code Sections 8b3.200. and 803.300, which prohibitpublic drunkenness and disturbing the peace' (13) City Code Sections. 601.201 and 601.600, which prohibits littering on private or public property; (1.4) City Code Sections 802.901=802.903, which prohibits pets from running at. large and requires immediate waste removal; (15) City Code Section 1102.700, which prohibits parking vehicles on required yard or .landscape areas; (16) City Code Section 6.05.1006, which prohibits nuisance. noise including additional restrictivns..between the hours of 10:00 p.m. and 7;00 a.m:; (17) Minnesota State Fire Code 302 and 307-307.5, which lirnit'recreational fires to no larger thah 3'XT feet, natural wood only, attended. until extinguished, conditions permitting; and (18) Minn. 5tat. §§ 624.20-624.21 which prohibits exploding fireworks. 316,602 Determination of Disorderly Conduct: (1 ) A determination that the permitted premises has been used in a disorderly manner as described in subsection 315.6.01 shall be made by the Code Enforcement Officer upon evidence. to support such a determination. It shall not be. necessary `that criminal charges are brought to support a. determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse permit .action under this. Section. (2) Upon determination by the Code Enforcement Officer that a. permitted premises was used in a disorderly manner, as described in subsection 315.601., the Code Enforcement Officer shall notify the owner and agent by certified mail o€ the violation and direct the owner andlor agent. to take appropriate action to prevent further violations. t Prior Lake.. 31 51p5. Business Regulations (3) If a: secondinstance of disorderly use. of the permitted premises occurs within one year of an incident. for which notice in subsection 315.602(2) was given, the Code Enforcement Officer small notify the owner and agent by certified mail of the violation and shall also require the. owner and agent to submit within 1.5 days a written report of the actions taken, and proposed to be taken,. by the. owner and/or agent to prevent further disorderly use of the permitted premises. (4:) If a third incident of disorderly use of the permitted premises occurs within one year after the second of any two previous instances of disorderly use for which notices were sent to the owner and agent pursuant to this subsection,. the short-term. rental permit may be revoked, suspended, or not renewed. An action to revoke, suspend; or not.renew a permit Under this subsection 315.600 shall 'be initiated by the Code Enforcement Officer in the manner described below. 315.700 PERMIT SUSPENSION OR REvocATION: 315.701 Procedure: (1) Every short-term rental permit issued under this Section is subject to suspension. or revocation by the City Manager for any violation of this Section or any other ordinance of the City or the law of the state. {2) The Code Enforcement Officer may recommend suspension or revocation of a short-term rental permit to the City Manager. The City Manager shall review the recommendation and the reasons supporting the recommendation and may suspend or revoke the permit. The City Manager shall provide written. notice to the owner and agent of the suspension or revocation. The notice shall informthe owner and agent of the right to appeal the decision of the City Manager to the City Council. (3) Any applicant aggrieved by the suspension or revocation of a short-term rental permit.may appeal to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10} days. after date of. issuance of the written suspension or revocation notice, a written statement requesting a. hearing before the City Council and setting. forth fully the grounds for the appeal. A. hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be givers by the City.Manager in writing, setting forth the time and place of hearing. Such notice. shall be mailed, postage prepaid, to the applicant at. his/her last known address at least five, (5) days prior to the date set for hearing. 315.702 Effect of Suspension or Revocation:If a short-termrental. permit. is suspended or revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling until such time as a valid short-term rental permit is restored by the City. 31.5.703 Effect of Revocation: No .person Who has. had. a..permit revoked under this Section shall be issued a short. term rental permit for one .year from the date of revocation. 315.800 APPEAL: The. decision of the City Council to deny, .suspend, or revoke. a short-term rental permit following a hearing as provided for in subsections 315.408 or 315.101 can be appealed by petitioning the Minnesota. Court of Appeals by a: writ of. certiorari: Prior Cake 315/06 Business Regulations 3.15.900 Posting: The following language shad be posted at or near the entrance of .every short term rental dwelling unit: The posting shall be printed in a minimum 1.8 point font. All shark term rental of dwelling units shall comply with City Code Section 315. These posted regulations are a summary. of a portion of the short term rental regulations. For additional information please refer to City Code Section 315 or contact City Hall. • No person shall undertake the short-term rental of any dwelling unit without a City permit. The property lines of this unit are marked or identified as follows_ Every permitted premises shall have an. agent within 30 miles available during all times the unit. is rented, 24 hours a day at the following phone numbers:. and/or to respond imm'ediately to complaints and contacts relating to the dwelling unit. ■ The Maximum Overnight Occu anc for this dwelling unit is: occupants. Not counting children under three (3) years of age. ■ No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises: + Disorderly conduct. is prohibited. All disorderly: conduct will be reported to .the property's agent and the Prior Lake.Police Department,. ■ Increased noise regulations are in place between the hours of 10 p.m.. and 7 a.m. • Littering is. prohibited.. + Recreational fires are limited. Please check with the City to determine what prohibitions exist for current conditions. • Any violation of this Section shall constitute a misdemeanor. 315.1000'. PENALTY: Any person who undertakes or allows .any. violation of this.Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or by imprisonment, or both,. in accordance With. the provisions of Minnesota State Statutes, Prior Lake 3151p7 htitps:Ilwww.fiarnetouinsouree:conllstiifwater_gazettelpu6l.fr�laticesl6rdinances—city 6f=stllWater/artic[42;1d528c2a-55bir5885-9aN.16719bodf94c.hfmI Ordirnarlces - CITY OF STILLWATER ay ECM publishers May 12; 2U17 ORDINANCE NO.1093 :AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING, REGULATIONS FOR SHORT TERM HOME RENTALS THE CITY COUNCIL OF THE OITY OF STILLWATER.DOES ORDAIN: 1. Definitions Amend City Code Chapter 31, Section 31-101 Definitions, by adding the following: 119.1. Primary Residence, means the dwelling unit within which a person lives for si.x months plus a day.during:a. calendar year. 119.2. Primary Resident, means:a person living on a property where:the.property is the persons primary residence: 145.1. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days; where aprimary resident of the property is present.wh i le the transient guests are present. 145.1 Short Term Home Rental, Type.B (gnhosted shart term rental), means a dwelling unit that%Is offered to transient guests for.a:pedod of less than 30 con secutive.days, where .the property seru4s as. a persphs:pdm6ry residence but a prim ary.resident of.the property is. not present while the transient guests are presant. .ThIsType B also includes Short Term Horde: Rental of any Accessory. Dwelling Units, non -owner occupied Vuplekes or mother In-law apartments, 145.3. Short. Term Home Rental, Type C (dedicated short-term rental) means a dwelling unit that Is offered to transient guests for a period of less than 30 consecutive days, v+where.the prop erty'does nat serve as a persons prirnary residence ff 145.4. Shart Term Home.Renta1, Type D {Bed &Breakfast}.see the definitlan of Bed & Breakfast in Paragraph 16 of this Definition Section 31-101. 2.5hart Term Home Rental Regulations. Amend City Code Chapter.31 by adding the following Section. Sec. 317514.1. ShortTerm.Home Rental Regulations Subd. l..Purpose: The purpose of'this Section 31-514.1 :is. to allow Short Term Home -Rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the Integrity of the citys neighoorhoods as weft asprotect the general public health;:safety and welfare. Subd..2. License required, No property may be used for Type A, 8 or C Short Term Home Rental unless granted a license by the. city. No property may he used far Type C Short Term Home Rental unless granted:a.Con ditionaI Use Permit and a license bythecity. Na property may he usad for: Type D Short Term Houle Rental (aka.Bed & 8reakfa.st) unless.granted a Special Use. Perrnit by the city pursuant to Section 31-504 of this Chapter. SLad, 3. License appIicatiari. Any property owner desiring. to undertake Short. Term Home Rentals rust a0.0ly to the community d evelop m ent. d epa rtment far a Short Term Home Rental License. A license must be approved prior to operating within the. city. The license application request must be submitted an the form prescribed by thecity and mustinclude. aII the. information requested on the application farm. The. IIcense application will nat be accepted by the city unless. an inspection report has been signed by personriel from both the:citys. fire 4epartment.and bullding.deparim ent. Subd. 4. License fee. The license application form must be accornpanied by payment in full of the required license application fee. The license application fee. amount will be as:determ i n ed by the city coun61 in the city fee schedule. Subd. 5. License issuance. The process:for review and issuance of a 1icerise will vary depending upon the type of Short Term Home Rental. as follows;. A: Type:A; Hosted Short Term. Ho me Renta Is.. Ty p e A Short Term Horne RentaIs.are required to have an a d m in] stra ti Vely:issued license from the city, I _ A Type A. S.hortTerm Home Rental license or renewe I license will he issued administratively only.if: i. Tha licensee certifies on the application farm that a I I applicable items found in this Section 31-514.1 are satisfied, That includes: Properzoning as found 10 Subd. 6; and b. Pe.rfomiance standards as found. in Sub& 7. 0. The applicant submits a. site plan, drawnto scale, showing parking and driveways,.all structures..and outdoor recreational areas.that guests. will be allowed to use, including, but not:Iimited to; deck/ patid, berbeque grill, recreational fire, or sauna, M. The applicant submits a floor plan, drawn to scale, of the home. identifying which rooms will be used as tran6entquest bedrooms: iv. The property.passes.the city inspection (see Section 377514.91 Subd..98.) for residential code standards applicable to renting a.hoire on a short terra basis. The List of health and safety Items that will be. inspected for this purpose will be Included amongst license application materials se that the property owner will know: what items will be inspected prior to submitting the Iicense. applicetion to.the city. a.. An. inspect lon must be completed within 6p. days prior tosubmissi6n:6f the license application form: b. An inspection report must he suhmitted logether with the license.application form .and other necessary.meterial& Without Ihe In spection report, the license application will.notbe.con sidered.corn plete, nor will it: be accepted by the city. c.. If 1h.e inspection Wen tifEes.Items that must be. corrected, all corrections rnust.be completed and vended by the city prior to submitting an appllcatIon for the Short Term Home Rental license, 2. There she ll.be no change in the exterior appearance of the home.or. premiset, .orothervisible.evidence of the'conductof'a Short Term Home Rental, except that additional oh -site city code compliant parking may be. provided. 3. The licensee must provide proof of sufficient and suitable prap erly insurance at the time of license issuance,.and:must be able to confirm that the coverage trains in place within 24 hours.of a city requestfor cohfirmatlon. 4. Licenses are non -transferable and shall expire upon change.of ownership of the property. 5: A flcerise.constitutes. a limited IIcense.granted to the a ppI[cant .by'the city and in no wey.creates a vested zoning right. 6_. No riidre than a tot al.of thirty-five Type;A licenses may. be: vaIid within the city. at one time. 7. If three substantiated and relevant complaints are received fro m.n.eighbors or guests. within a 3 2 month period,.the.license.shail be revoked. The revocation may be appealed to the:.city council pursuant.to procedures.established In Section 31-217 of this Chapter. If a license I revoked, the owner. is prohibited:fro m making application for another license for any type of Short Term Home Rental for s'ix months, 8. Licenses are valid for a period of three years, A renewal license ntust;b6 applied for every three years. B. Type 6 Unhosted Short Term AentaI- Type B.8hortTerm Home }rentals are. required to have an administratively issued license €rpm the city. Prior to issuing.the Iicense, a neighborhood notification is required,,as specified.below, T. A Type B Short Term Home. Rental license or renewsl license will be issued administratively only if:. i. The applicant submits a site:plan, drawn tascaIe, showing.parking.and driveways; all structures arid. outdoor recreational.areas:that.guests will be allowed to use, including,:but not:ff mited.to, dark/patio, barbeque grlll, recreational fire, cr sauna. N. The appiicant.submits a floor plan; drawn tc scale, of the harne identifying which rooms will be used as transient guest bedrooms. The llcensee certifies on the application farm that:aII applicable items found In this Section 31-514.1 are satisfied. That.incIudas: a.. Properzpning as found in.5ubd.6 b. Performance standards as.fouhd in Subd:7 c: Proof of.sufficient and suitable property insurance,. iv.. No more than a total of thirty-five Type: B.11Con ses may be VaIid.withinthe, City atone fame r v. Notices Rave been mailed by the city to.,aII supro undIng pro party owners according to the following standards; _ i a; 150 feetof all applicant properties zoned RB, CCR, CR, TN, CTHR, RCL, RCM, RCH, CBE); b. 200 feet of all. applicant zoned RA, LR, CTR,.TR; c, 500 feet of all applicant properties. zoned AP; and vi...There. are no abijections received by the city within ten days of mailing the notices. a. if objections are received, then the license request must be considered by the.planning.commission, (1), The plan hing corrimission must hold :a hearing, to.which neighbors within the. above.defined notification area are.Envited to offer comments. {2). After considering the I(con se request and hearing comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the. license request. (3J. if !here are no substantiated relevant corn pIaI its from neighbors or guests during the provisional year, the perm€t will automatically extend two mare years if there a re I h ree. su b sta nti ated releveritccmPIa€nts; the provisional license is automaticaIiy revoked and the owner Is prohibited from nnaldn.g appllcatianfor another Ilcensefer any type of Short Term Home Rental.for six months. v€€, The property passes.the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards a0plIca6le to rent! ng:a home.on a short term basis. The Iist.of health and. safetyitems thatwill be. inspected forthIs purpose will be included amongst license application materlaIs so that the property owner wi€I know what items will he inspected prlorto submitt! ng'the license application.to the city. a. An inspection must be completed within 60.days prior to submission of the license appIIca tian form. b. An Inspection report must be submitted together with the license application farm and other necessary materials. Without tha inspection report, the license. application will not be considered complete, nor WiII it.be accepted by the city. c. If the inspection identifies items that -must be.corrected,.all corrections must be completed and verified by the city priorto.su.bmitUng,an applica.tien far the Short. Term H o m a Rental license. 2. There shall be na change in theexterior appearance of the home or premises, orothorvisible evidence of the conduct of a Short Term Home Rental, except that addiVon al.on-sito6ty cod e.comp11ant parking may be. provided,. 3. T:helicon see.must provide proof of sufficient.and suitable property 1nsurance.atthetime of Iicense issuance, and must be ableto confirnh that the coverage remains in. place *thin 24 houm of a city request for confirmation. 4. If three substantiated and relevant corn plaints are received from neighbors or guests with In'a 12 month period, th6.Iice nse shall be revoked. The:revocation may be appealed to the city councll pursuant to procedures established in Sedon 31-217 of. this Chapter: If a license is. revoked, the owner is prohibited from making. applicationfor another Iicoins e.fnr any type of 5hortTerm Home Rental for:six months: 5.11censes are non -transferable and.shall expire upon change of ownership of the property. 6. A license constitutes a limited license.granted. to the applicaM.bythe city.and in noway creates a. vested zoning right;. 7. Licenses are vaIfd for a period of three years, A:renewaI license must be applied far everylhree years. No neighborhood notification is requ€fed fertile renewal of I icenses. C,.Type C Dedicated Short Term Rental. Type C Short. Term Home Rentals ate required to have both a.ConditionaI Use Permit and an administrative.€icense issued by the city; The Conditional Use Permit and initial license : may .be processed simultaneously; T. Conditional Use Permit. The: application for the:CcndMonaI Use Permit to operate a Type C.8hort Term Home RentaI must be f.Iad. wlth the city community devefopmeadapartment on: the applicable form: The application will be reviewed acco.rding to. th e. process established in Sections 31:104 and.. 31-207 of:th€s Chapter: In addition; the fo.l[owing procedures; criterla. and conditions shall also apply: The applicant must submita site plan, drawn to -scale, showing parking and driveways, all structures and outdoor recreational areas that guests w€l[ be allowed .a use, '€ticluding,:but not limited to,.decklpatio, barbeque.grifl; recreational tire, or sauna. ii. The,applicant submits a floor plan, drawn to:scale, of the home identif ying which rooms will be used as trans'ient:guest bedrooms. ii1: The Conditional Use.Permit runs with the:land and must befled in the pro p arty s.ch a I n of title, but since a license is also required for a Type%C.Shgrt. Term Rental, possession of a Gonditi.onaI Use P.erm1t is not sufflcient:to operate. Any new own er.4esiring to operate.a Type C Short Term Rental an property that has an unexpired Conditional Use Permit filed in the.chain of title mustalso obtain a license from the city. A Conditional -Use Permit expires If a property is not operated as a ShoA Term Home Rental for more than a year. fv: The Conditional Use Permit applicant must certify on the city application fonn that all applicable items found in this Section.81-514.1 are satisfied: That includes: a. Properzoning as found in. Subd; 6 b. Performance standards as found 1n Subd. 7 c. Proof of:sufficiant and suitable property insurance. V. Tile property must pass inspection by cfty.bufiding. and fire code [nspectors and found to meet.the residential code standards applicabieto renting a..harrie on a shoe# term.basis (see Section 31-51.4.1; Subd 96) prior to holding the -public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected forthIs purpose will be included amongst license application materials so that the property own erwiIi know w.hat.items will be.inspected prior to submitting the Iicense:a00[Ica Von to the city, vi. No morathan.a total of fifteen Ccrldltlonal Use Permits for Type C Short Term Home. Rentals may be valid within. the City at.ona time.. 2. License. The application form for the Pcense orrenewa.I license must -certify by the applicantthat.. ali,appfiaable items found In this:S.edtion 317514-A are. satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and Is stiII valid. 11. The property has been. inspected no more than 60 days prior to s.ubrnIssion:of the license app11cation'by city building and fire'code. inspectdrs and found'to meet the residential code standards applicable to ran tirig .a home on a short term basls. a. An inspection. must be completed and.#he, inspection report submitted to g ether wi th. th a €ican wi application form. and other necessary materials. Without the inspection report tlielican se application will not be considered complete, nor. wlI 1it be accepted by the. city. b. If the inspection Identifies items that must be corrected, all corrections must. be completed Arid Verified by the city prior to submitting a appIication for the Short Term Home Rental license: M. Proper zoning as found in'Subd. 5 Iv. Performance standards as fourid In Subd. 7 v. Proof of Sufficient and suitable property insurance: vi. No more than a total of fifteen Type C Short Term Home Rental:Iican pas may bevafld at oneIime.within the City. 3. The license for a. Type C Shp ft. Term H orr a Rental. rriay. only be.Iss.ued.to the owner of the property and is not Iran sfera ble to any.othar entity. Th.ere.shaILbe`rio change in the exterior appearance.of the home a premises, or other visible evidence of.the conduct of a Short Term Homa Rental, except that additional an site city code compliant parking. may be provided. 5. The licensee must provide proof of sufficient:an0 suitable.propedy Insurance.at:the. time 0f.licen8e:1ssuance, and rust be able to confirm that ine coverage remains in place within 20burs of a city request for confirmation; 6. Type C Short Term. Home Renta1.1icenses.are. vaIId for a period of three years, A renewal license must:be applied for every. three:years. The Conditional Use Permit will nat exp€re unless its use fs.discontinued for more than a year, 7: The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes.a limited license granted to: the applicant:by the city and In no way creates. a vested zonln.g right. 9, if three substantiated and relevant corn pIaihis are redeived from ref 6hbors or guests within'.a 12 month perlod,:the license shall be revoked. The:revocationmay be appealed to the city counclI pursuarit to procedures established in Section 31-217 of this Chapter. If .6 license isrevoked; the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. D. Type D Bed & Breakfast. Type D Short Term Home Rentals are also known as Bed & Breakfasts and are required to have a Special Use. Permit as regulated in Section 31-504 of this Chapter. 5ubd, 6, Zoning District: 5hortTerm Home.RmtaIs are.perm !tied, with an approved Iicente from the City of Stillwater, in the foIIowl n0 Zoning Districts; K Residential zoning districts, Type A and B Short Term Home. RentaIs are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals are allowed by Conditional use Permit in all Residential Zoning Districts. Type D. Short Term Nome Rentals {aka Bed & Breakfasts) are allowed by city license in the RCL.Zoning District and by Special Use Permit in the. R9.and RCEN Zoning Districts. B. Commercial Zoning Districts. Type A, Band C Short Term Home Rentals are permitted by city license in the CBS Zoning 0istrict.. 8ubd. 7. Performance.standards: Type A, B'and.C.SIt oft Term Home Rentals shall be subject to the 'follow] ng performance standards. Type D:ShortTerm Home .Rentals shall be subject to the standards found in Section 31-504 of this Chapter. A.. Parking,, 1. In residential zoning,districts,.aII guest parking must be accommodated on improved surfaces on.the:prem.1ses: No on -street: parking is aiIowed for guests. Al 'a Minimum, parking shall. be provided at the: toIlowing rate; i. 1-2 bedroorn unit, 1 space ii. Ibedroom unit, Z spaces i i L 4 and 4-r bedroom units, number: of spaces equal to thenumber of bedrooms.inlnus. one, 2. In the C8D aoning:district, guest parking must .either.be a cco rrtrn odated do the properly of the Short Term Home Rental dwelling unit, or a.parking mitigation plan rhust.be approved byte Parking Commission. B. Length of.gbest stay. Tha.niinimurn length of stay is one: day. The maximum length of stay 1s:30 days; sinbe more .than t€iat'is by definition not a Short Term Name ftental. property. C. Nurnberof gu.ests,.Th0 maximum number of transient gpests will he limited to two times the number of bedrooms p[us.one. D. Guest records: The licensee rcr Type Band C Short Terrri.Rentais must keep a transient guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a.rep ort to tha city upon 4.8 h.ours notice. E. Guest disclosures; The licensee must disclose in writing to their transient guests the fallowing rules and regulations, and must submit a copy of thedtsciosure to the city. with the license application and.ranewaI appiIcmions. In addition.the disclosures must be conspicuously displayed irr.the:home. 1, For Type B and C Short Term Home Rentais,.the name, phone number and address of the owns ,:operating lessee or managing agentlrepresentative; . 2: The max imum. nurnber of guests allowed at the property; 8. T.he maArnum numberof vehicies allowed at the property and where they are.to be parked; 4. Property rules related to use of outdoor features; suoh as decks, patios, grills, recreational fires, saunas and other recreational fac{lilies; :5. City nuisance.ordinances WiII he enforced by the StIIIwater Pol..ice 0epartment,.1ncluding reduced noise Ievels between 10 PM and 8 AM. `. No events are allowed to be hosted on the premises: F. License number. The licensee must.post their city license number on 411 print, poster or web advertisements G. Proximity of assistance. For TypeB and Type. C Short Terra Hflme Rentals; the property owner or a managerfrepresentative must be located within 30 minutes travel time of the property. Th6.dam munfty development department must be notif€M within 10 days of a change in the managing agent/representative.or their contact information. The licensee must prov'idethe name, add►ess and.phone number forthe:Iice nsee or managing.agentlrepresentativeto all. property owners within 154 feet of'the : property boundary; The licensee must notify neighboririg properties within 10 days of a change.1n the managing agentlrepresentaVon or contacrinformation. H. Garb6ge. As required by City Code Chapter 30-1, Subd 5, a11:garba9e must be kept 1n rubbish containers lhat are.stored out of Aew af'a publfc.street. i. Signage., No,signage is allowed on the property of aTyp.e Aj S or 0 Short Term Home Rental. Type D is allowed slgnage as.regufated in 5ectlon m -804 of this Chapter, J. Events. Events are not %affowed to.6e.hosted by transient g0ests.on the premIses. For purposes of this Sectiona1-541;1; an event means a gathering: on the premises. of mare .th6n three un-registered transient guests, Events hosted by the property owner are allowed; but must abide by all applicable dity.ordinances and polices, including the prohlbitfon on renting private residential property out f0r'events, Subd. B. Requited inspections, A. Type A, B and:C Short Term.Home.Rentals 1.. Thesalypes.of Short Term Home RentaIs.are required to have, and pass,.a health.and. safety code inspectien.by city buiIding and fire code staff prior to issuance of a license ar'rertewaI of the license. 2. The list of healt€i apd safety items that.wiII be inspected. for this purpose will be included amongst license. applica0on materials so that the licensee wifl know in advance what items will be inspected. 3. Upon receipt of a complaint, the oity zoning administratorwili contact the licensee and will determine whether a compf.iance inspection. is required. B. Type ❑ Shart Term Hame Rentals (aka Bed & Breakfast) T. This type of Shart Terrn Home Rental is required to have inspections as regulated by section 31-504. Subd. 9: Limit an number of licenses: No more than a total of thirty-f€veIiben ses may be valid at arty one time far Type A. Short Term Horne Rentals. Na mare than a total n 1hirty-five licenses r€iay be'vaIid atany.one time fer Type R Short Term Heme Rentals: No mare than fifteen. licenses may be.valyd al. any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have.a Special Use. Permit, but: no license is required:. Suhd, 1.0. Sales taxes+ In addition to state.saIes tax; the. licensee is required to pay the city lodging tax. A. The city lodging tax must he caflected and paid either by the web based booking company that the.Short Term Home Rental is Iisted on, or by the I'lcensee directly to the city if the Short Term HeMe Rental does naUse. a web based b0okIn0 service.: B. The license application must supply Inforrnation oft any web. based booking servicets) used.for the licensed property. C. The Ilinen see,.or booking agent. on thelr behalf,. is required to. pay the city lodging tax. quarterly. .if.no sales are made during a quarter, -a reportmust none the Tess In submitted to the city stating that no.saIes were made or lodging tax collected during that quarter. t ' ,bd. l I.. Interchangeability. A 1Icensee may use the license to aperate.ariyShart Term Heme Rental type equal to a less. res trictive:than the ane for.which the ° .tense Is issued.:Therefore, if an owner is issued aType.C:license, the property is permitted to operate;as a Type..C. B or A. And, a Type. B license allows the owner to operate as a Type B or A. However, a Type D owner may only oparate as a Bed & Breakfast.. Subd,12. Enforcement. A. In the event of a violation or threatened violation of this.ordinance; the. city, in addition to otherremedIas, is entitled to. seek tnjunctive.:RelIef or proceedings to prevent, restrain, correct or abate such violations or threatened violations. B. The penalty for violation of this.Section3.1-514.1 shall be a. Misdemeanor. C. in.addition to penalty provisions A and S above, tha fine foe tha ftrst:substantiate d.and relevant complaint or vialation. sh611 be.$250, The fine for the second t shall be $500.00. Thellne for: the third shall be:$750.00 andrthis third offense shall also result in automatle iicense.revocatlon. i 3: Arnend. City Code Section 31-315, Al low abi6.Uses.in Residential: Districts by adding: P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Con diticnaI Use Permit A = Accessary use Blank cell in table means that the use Is NOT allowed. 4. Amend CilyCode Sectlon31-325, Allowable Uses inNori-Residential Districts by adding: P = Permitted use SUP = Else perrhitted.with a Special Use Permit CUP = Use. permitted with a Con dit!onaI Use Permit F. PUD = Use .pemiitted with a Planned Uniit Devatopment.Perm it j A =.Accessory use ACC. = AI[owed.as an accessory improvement to an atlowed. use located an or adjacent to the .site: Blank cell'in table means that the use Is NOT allowed. 5. 5avings..Ia all other ways City Code Chapier 31 shall remain In full force and effect. 6: Effective Date, This Ordinance -will be in full force.and effectfrom and after its.passage.and publication according to flaw, Enacted. by the City Council of the City of Stillwater this 2 n d day of May; 20.11. CITY OF STILLWATER 1sl Ted.Kozlowskl Ted Kozlowski, Mayor ATTEST; Is/ Diane F. Ward Diane F. Ward,.City Clerk Published in the Stillwater Gazette May. 1.2,:2..91.7 tee 1 E4 1 N.. s R !'F ' CITY COUNCIL DATE: December 1, 2016 TO: Mayor & Council. Members TOPIC: 5horf.Term.Horne Rentals FROM: Bill Turnblad, Community Development Director INRODUCTION In August of this year the City Council approved a contract with Hoisington Koegler Group, Inc, (HKGi) to assist the City with a study on short term home rentals (STHR).. That study is,now complete and ready for City Council consideration at the December (th work session. STUDY CHRONOLOGY September Consultant: team reviews :available literature; researches how other Minnesota cities address STHR; develops and. administers community questionnaire October. Staff holds stakeholder meeting to review study materials and discuss :issues November Consultant team finalizes draft of study report; Planning Cornmission reviews study December City Council review work session PURPOSE OF WORK SESSION The purpose of the work session, to which the stakeholders group:has been invited,. is to review the study,. consider alternatives; and either: I, Determine that the current. prohibition on short term home rentals should t'emain in place; or. 2. Determine that allowing short term home rentals is desirable .in Stillwater and direct staff to develop a draft ordinance. and hold public. hearings .before the Planning Commission and City.Council; or 3. Table the matter for more information. Attachment: STHR study Hoisington Koegler Group Inc. ®® ®® j Creating Places that Enrich People's Lives TO: Mayo rTed Kozlowski and Members of the Stillwater City Council BiII Turnblad, Community Development Director,:City of Stillwater FROM: Jeff Miller, AICP, Consulting Planner Laura Chamberlain, A1CP, Consulting Planner DATE: November 30,.2016 SUBJECT: Short Term Home Rental Analysis and Ordinance Alternatives BACKGROUND The proliferation of short term home rentals (STHR) has increased in the last several years, thanks to the popularity of online:services and websites, such as Vacation Rental By Owner (VRBO) and AirBnB. These sites aI16W individual property owners to rent. out their houses,: condominiums, individual rooms, and vacation homes for these short term rental. stays. Users of short term home rentals. often enjoy the "neighborhood" or "residential" feel of their accommodations, which is typically less in cost than.a traditional hotel or other lodging. The ability to rent out property for the short term also brings. the benefit of supplemental income to the homeowner. Some of the cost savings are due to the lack of regulations, in the form of permits; zoning constraints, licenses, or taxes, which often apply to lodging uses but not residential uses. Many.0ties.around the nation and within Minnesota have begun to look at regulations for short term home rentals. The City of Stillwater decided. to: undertake a study of this issue in part due to complaints from traditional bed and breakfast (B&B) owners: It can be difFicult'for B&S owners to cornpete.with short term home rentals because they do not Have to meet the. same regulations as B&Bs in Stillwater. There have also been a few complaints about noise and parking issues from neighbors of short term home rental properties in Stillwater. In August of this year; the City Council selected Hoisington Koegler Group, Inc. (HKGi) to conduct a study regarding Short Term Home.RentaIs {STHR}.This technical memo provides a summary of HKGFs researcl, of other cities' approaches to STHRs, a summary of a community -wide questionnaire regarding STHRs in Stillwater, a summary of input received at the Oct. 10`h stakeholders meeting. Ho'isington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolk, Min nesota:SS4a1 (612) 338-0800 Fax (612) 338 6838 www.hkgi.com Short Term Home Rentals Study -November 30, 201b focused on this topic, and. a.list of ordinance alternative5 to consider as the City looks toward potential next stepsfor addressing STHRs. RESEARCH OF PEER CITIES 3 y Some: cities in Minnesota that have studied STHRs and .decided to prohibit them in residential. zoning. districts. a) Burnsville, which cited the. following reasons, • Vacation rentals bring strangers • People come and go at all times ofthe da.y and night • Customers are not residents; so they have no interest in maintaining the neighborhood ■ Noise • Trash • Transient nature of operation b) Bloomington. c) Savage, which prohibited rental of homes in residential zones for any period less than 15 days and cited the following reasons, Resident col7mpiafnts Commercial nature of the use in residential zones Z} Some cities in Minnesota that have decided to regulate. STHRs. a) Eagan • STHRS allowed in owner -occupied residential units Allowed ih accessorydwelling units if the stay is more than 3o days b) Duluth r Developed separate STHR regulations for vacation homes vs. owner -occupied homes • "Vacation dweJ.ling units' require an interim use permit,.which expires after b years, and has a number of requirements including annual licensing • "Accessoryhome 5hare" also reciuires a permit, but it is an adminlsteative permit which is required annually 2 ShortTerm Horne Rentals study— No.Vernber.30, 20.1.6 • Both are types of STH Rs: are al ]owed within all residential districts of the city c) Prior Lake ■ Permitted.with an annual permit and inspections Owner and agent do not have to stay on premises during the stay, but they must be .available 24 hours a day, -wit hin 30 rhinutes,.during: the stay • Standards such as parking, number of occupants, -and length of stay .are deterniined by sitelbullding characteristics 3) Some cities.in Minnesota.that do not regulate STHRs. a) Chanhassen b) Chaska. cy Minneapolis d) St. Louis Park e) White Bear Lake- 4) The City of Saint. Paul. recently conducted an extensive STHR study. Their findings for cities in Minnesota have been attached as an exhibit. St.. Paul is still considering the specific. language to use for an STHR ordinance, but they developed the following goals based on their study.. a) Develop a Zoning Code amendment to.permit STHRs as an "incidental transient occupancy" and develop standards related to owner -occupied and non= own er-occupled units. b) Develop an ordinance amendment to fully regulate non -owner -occupied units for life safety concerns through the Fire Certificate ofOccupancy.program.. c) Develop a mechanism to ensure tax collection is occurring, possibly via STHR ]lost platforms, e.g. VR8O and. AirBnB. d] Develop an ordinance amendment to license STHR. host platforms, with specific requirements relating to reporting.and compliance. e) Utilize complaints about STHRs to inform recommendations far future regulations. f) Educate city staff (police, fire, and inspectors) about the presence. of STHR uses in neighborhoods: and the potential for complaints 3 Short Term Horhe Rentals Study - November 30, 2016 COMMON ISSUES AMONG PEER CITIES 1j No definition of short term home rentals 2) Owner -occupied vs. non -owner -occupied rentals 3) Bring. strangers into a neighborhood on a. regular basis 4.) Increased noise and activity in.a neighborhood 5) Parking 6) Trash 7) May be seen as a commercial intrusion into residential neighborhoods 8) 8ufFeringlscreening for adjacent year=round residents 9) Not typically subject tolicensing and inspections 10) Often do not pay local taxes as are required by B&Bs and hotels 11) Unfair competitive advantage 1;2] Affordable housing concerns, if affordable housing gets converted into STHRs BEST PRACTICESIAPPROACHES AMONG PEER CITIES 1) Define sh.art term home rental in ordinan:ce (d.istinguish from other lodging types) .2) Differentiate between owner -occupied and non -owner -occupied home rental uses 3)Consider a short term home rental permit. program 4) Consider where and how they could be.allowed,.e.g. permitted vs..condit'ion:al vs. interim:use 5) Establish specific standards for short term.home rentals, such as: a) Parking spaces. - quantity and location b) Number.of occupants c) Min€mum..number of.da:ys for each stay d) Inspection requirements e) Tax collection requirements = federal, state, local f) Owner on -premises vs. owner off=premises 4 ShortTerm. Home Rentals study - November 30, 2616 STAKEHOLDER MEETING RESULTS In order to get an in-depth perspective on different sides of this Issue, city staff held a stakeholder engagement session on October 10, 261.6. Stakeholders in attendance included"owners of traditional B&Bs, people who currently operate STHRs out of their homes, Planning Commissioners, and other stakeholders representing neighborhood groups. Questions At the meeting, stakeholders raised as many questions as comments. This high level of inquiry indicates that it is beneficial that the city has decided to study this. issue and is cons[dering a range of ordinance options. Comments 1) Many stakeholders were.concerned with. the mechanics of having sorne tylae'of lodging tax or fee system for STHRs. aj A lodging tax Would be in the range of 3%(or less) added to the receipt and charged directly to the guest/customer: • Sometimes the webs ites will coordinate the lodging talc or they will allow the host to add it to their fees through the STHR websites • The City of Stillwater wo.uId need to consider how this tax is collected fro m.hosts or the STHR websites bj Concerns that establishing a lodging tax would make the County Assessor re -categorize properties from. residential to commercial, thereby impacting the owner's property taxes. Avoiding this rec[assification was very important to the meeting. participants. 0 Questions of income taxes were also brought up; • Hosts that rent out their property for 14 collective days or less annually do not have to pay income taxes.on the income they make from the rents[ • 1.5 days or more of rental needs to be reported on income taxes d) There may be some distinction needed between homestead (owner -occupied) STHRs and. non -homestead (vacation home) STHRs. 2) Stakeholders als.o.brought.up.concerm over the potential cost burden it would.put on the City of Stillwater to establish regulations.and.then to enforce them. 3) Participantssa[so indicated that more lodging options are needed in the city. .Short .Term Home Rentals.5tudy — Noyerriber 30,:2016. COM.MUN.ITY QUESTIONNAIRE RESULTS in order to get an idea of }pow the community -at -large feels about. short term home rentals and their possible regulation;. HKGi consultants worked with the city to develop a community questionnaire. The questionnaire was available online for a period of twoweeks in late.September and early October 201:6. within that time period, 639 individuals responded to the questionnaire. 01 : ❑o you. think 5ti llwater's City Code should allow a homeowner to rent out their home (house, condominium, or room) for short term vacations or stays? Na. n Yes ®No Yes OLD'% 10,00% 20.00% 30.00°/0 40M%. 50.0096 60,00% 70.00°/0 80.00q gum C 2: ©o you think a.homeowner renting out their home (house, condominium, or room) for short stays should be required to live in the home to act as a most for the short term renters? Or .should a homeowner be allowed to live elsewhere while renting out then 0.00% 10.00% 20,00% 30.00% 4o.00% 50.00% 60-00% M00% 80.00% 90.0M 100.00% Homeowners required to live in.the home during.sho.rt term rental I Homeowner allowed.to live elsewhere during short tern rental f: Short Term Home Rentals Study-- NoyemberA A16 Q3: ©o.you think short term. home (house, condominium, or room) rentals where a homeowner is living in the home shouldbe regulated differently than short term ome rentals where a homeowner lives elsewhere during the.short term rental? s.w _ M00% 70.00% 60.00% sao0% 40.00% 30.00% 2a.oa% ib.0001 0.00% Yes,they should.iie.'regulated --� .No, they should have.the same differently regulations. �J Q4: In which areas of Stillwater should short term home (house, condominium, or room.) rentals be allowed (select all that you find appropriate): E l E City Wide 91.62% Viz:- �?=., raaU � � QowntOWn Stillwater r ' ` i Multiple-Farnily Neighborhoods Single -Fancily Neighborhoods in Western Stillwater i i Single -Family Neigh Forhoods in Central Stillwater Historic.Single-Family Neighborhoods 0.00% 20.00% 40.00% 60.00%. 80.00% 100.00°% 5hortTerm Home Rentals Study November 30, 2016 60,00% 50.00% 40.oq% M00% 20,4p°/n 10.00%. Mo% Q5: Do you thinit,short term home (house, condominium, or room) rentals should be required to pay the:3% City Lodging Tax currently required for bed & breakfasts, hotels, and motels in Stillwater? 0 Yes ]a No Ll Taxed Differently Yes: No Taxed Differently Q8: Please select any responses below,that clescribie you 80.0090 ..__.._.-_._.-....._..-._ ...._......._. -- .-T_ _.._ ... �_ 70.00% __ __ ._..m-... w.-.._.-. ..._.._.... _ 70.10% 60.00%__.---..--------- 50.00% -- _-.._.__._...._- 40.00% _ ... _._... _..._-----ROM •- 20.00°/v 1 live in. an 1 have: rented. I am I own a bed & I have stayed I have stayed I have a 1.have a Histaric out my home interested in breakfast in a bed & in a STR when vacation vacation Neighborhoodas a STR in the renting out breakfast travellingin home/cabin home cabin in Stillwater past any home as a when another city that I have that i am STR in the travelling in rented out as interested in future another.city a STR in th.e renting out as past a STR in the . future M Short Term Home Rentals Study -.November.36, M16 Findings 1 } An overwhely-Nng number of survey respondents (87.5°Io) want to allow STHRs in :Stil(water. 2) Sites. like. Alr8nR8 and YRRO have a. very good reputatibn. and people feel very positive about using them; 70.36%... of .all respondents indicated that they have stayed at an. STHR when travelling, 3) Hand=in-hand with the allowance of STHRs, respondents were also in favor of reasonable regulations and also some sort of taxation./fee set by the City of Stillwater. 4) In. general,. people seem more concerned about owners/h.asts being close-by/accessible if problerns arise more than the specifics of whether or not the owner 1s oneprem ises during the rental, or whether the house is homesteaded vs.:a vacation home.. Essentially, as long as the owner/host is within a: 30_minute drive of the property to. address issues while the home is being rented, it. didn't really matter to respondents whether the home. was owner -occupied or not. 5) Of the:respondents who want to allow STHRs in Stillwater, an overwhelming number of them (9125°/6) want th..em to be allowed city-wide.. 6) Question #7.allowed people to list concerns if STHRs.were allowed in their neighborhood: a) Most of the concerns were over parking (82 respondents) and noise (86 respondents), b) Concern. over increased crime/the safety of neighbors was brought up by 40 respondents c}. 39 respon dents felt that allowing STHRs would be positive for -the city, and outweighed any concerns about allowing them d) Other concerns involved. property maintenance, safety of guests (via fire codes/inspections), and access/accountability of the owner e) A handful of respondents raised concerns about rental properties.in general and a few even said that STHRs would be preferable to traditional long term renters in their neighborhood 7) Under "Additional Thoughts" (Question #8),122 people responded that allowing .STHRs would be a positive thing for the city. a) Many said that the city's tourism cannot be supported solely by traditional lodging: Local lodging is either too expensive, too small for large groups., or too unavailable (booked up) A number of respondents. mentioned 'they .had visitors who stayed. in Woodbury because accommodations in Stillwater were so scarce 9 Short Term Home Rentals Study - November 30, 2016 b) Many respondents: also said they felt that people should be able to use their property as they please. 8) Fire code/ safety code/ building standards are a concern for respondents. 9) Various comments regarding ways that. an ordinance. or permitting process could further restrict STHRs; a) Limit total number of permits allowed in the. city b) Limit the number of guests c) Revoke permits if too many complaints (three strikes policy) d) Regulate length of stays (e.g. minimum of two days?) e) Limit.number of stays within a.year f) Notification. to neighbors about STHRs g) Inspections h) Criminal background checks of guests KEY CONSIDERATIONS FOR THE CITY IN DEVELOPING A POTENTIAL ORDINANCE Should STHRs be considered a.principa l use; a.ecessoryuse, or both? • Need to establish definitions in. the zoning Ordinance iri Duluth, if the owner is on -premises during the stay (renting out a room), then it is considered an accessory use, only requiring administrative approval; if the owner is off=premises (renting out their :ehti.re .home, or entire vacation home), then it is considered a principal use and .requires an Interim Use Permit • The City of Stillwater should consider Whether they want to distinguish between owner- occu pied. home rentals vs. non -owner -occupied homes and vacation homes utilized for STHRs How could the STHR use(s) be allowed? • Not allowed — STHRs remain a prohibited use as is the case today o .Not recommended based on the number of existing STHRs. today and the community support for STHRs in Stillwater expressed in the questionnaire ■ Conditional Use o Conditional Use Permit. (CUP) runs with the property; so would -be difficult to keep control it when a property owne..r moves 2 Short Term Home RentakSwdy- November 30, 2gi.5 a Requires submission of an application to the City, a Public Hearing in front of the Planning Commission (with notice to neighbors,. and approval by the City Council o Theoretically reviewed annually by the City Council, butdifficult to keep tabs on Interim Use o Interim Use Permit (iUP) runs with the property, so can become compli'.cated if sold o Requires submission of an application to the City, a Public Hearing in front of the Planning Commission (with notice to neighbors), and approval by the City Council c Requires the establishment of a sunset date (cannot run in perpetuity) + Permitted Use outright (licensing not required) a Could be processed: thro..ugh a. zoning.application .(similar.to:a fence permit) a Potentially could become difficult to enforce any additional standards (ofF street.parking requirements, etc.) • Permiitted Use:but subject to licensing ❑ Approved administratively through the City (easier,. quicker, and. less costly for the applicant) .❑ Could establish an STHR licensing program that includes an annual fee and inspection schedule if desired a Could build in a complaint clause (e.g. three strikes -policy) Where could the STHR use(s) be allowed? + Within all zoning districts ■ Only within residential zoning.districts. • only within specific residential zoning districts, e.g. downtown neighborhoods Horny could the City a:d.dress taxation?. • Different types of taxation could be considered: o Income tax: if an. owner rents out.a property for more than 14 cumulative days in.the.year, the earnings made from.that rental must be. reported on annual income taxes o Property tax: based .on the vaIue..of the:property and use of the property, determined by the County Assessor. The S1"HR use will not impact the use or value of the property according to the County Assessor, so no change would be necessary ShortTerm Home Rentals.Stu.dy -- November.30, 2016 o City lodging tax: -a 3% lodging tax :could be added to what is charged to the customer/guest of any type of. lodging establishment in Stillwater. The funds from the local lodging tax go directly into a fund to promote Stillwater tourism :and. advertise lodging establishments Options include:. o Charge local lodging tax on STHRs, same as traditional B&Bs (3°/0) a Charge local fodg1ng.tax on STH Rs, but different and less than traditional.B&Bs (e.g. 1.5%) o. Remove local lodging tax from. B&Bs and do not taxSTHRs o Charge STFIR permit/licensing fees to cover city administrative costs of processing permits and inspections, but do not charge an additional tax o. Do not tax STHR uses What performance standards could be.considered as potential requirements:forthe STHR uses ? Off-street }parking minimum and location Maximum numberof guests Maximum nurnber of vacation stays/days per month or year • Types of required inspections ■ Screening, lighting, garbage ■ Requirement for owners to be on-prerhises or within a certain distance 6f STHR • Minimum lot size ■ Lodging tax applicability Atta.chments:. Appendix A _ Table .I - City of StPaul Study summary. Appendix B - Table Z: Peer City Research Table Appendix B - Stakeholder Meeting Comments. 1 a w E c � q � E x s ` - mh O r• 5 � 5 S� � o rs"o� x 8 � :3 - m v ._q 2 E 'a C N � 9 N b n a � ST - 151. "�o n§a §�:.g�:5� � -: �g4Fi I E _ ry Co 5 4 mN P ' r o z� V m fA 106 U' 1� U Cam�¢➢ 2 . . . . . - - - - - - - - {k {2] \ 7\ § § 2 - 2 SA \)|«Z7 sff ƒ\ta!»fllE& :e�fE,ewe \ f)) _ IX ±f=:;� :{,2,§� ,, 'ƒ{9� `f I !�� Z ) a | ; d : 5.i �.E i s� _ .q �.G.g �t E E. u g' .3 •y 5 :� d o: e. ° e Z''G.:_ 3 .ziZI .E a o A c a ae`GeSe �rE0t_ x .z..a� 3 `€JY.a� E s Q 5n § �� . » � {� , � !! � �� }/f � � \� ) � `�| � � \j 2 �I !( ƒ 2/ \ \ / / I � �f ! ! � / 6� /\ k } `�+/}\)� ! �� §} % ), z )i !!) }j October 10, 2016:--Short Term Vacation Rental: Stakeholder's Input Session Questions Comments For cdrnmtanities who already IicenseAegulate,. Paying lodging tax does not seemthat are there differences between rentals less than .complicated and (general. consensus) is that the two weeks and those that are greater than two tax should be. paid. weeks{given that federal tax regu€ations don't apply less than two weeks in a.given year) What abdut'the county and haw do their VRBO business model is simplified if.property inspections relate to these types of uses? How rented less than 14 d.ays. in a year; since federal does this impact other City of Stillwater (COS) income tax is not required far that limited period regulations? of time.. Is the use commercial or residential? is the Good to look. at from the perspective of guest zoning.commerciai or residential?. Is the tax safety (water temperature, fi re:extinguishers: or ratejstatus:commercial or residential? sohnklering system, two means of egress, home meets.aII building and fire. codes, etc.). This has to be a part :of any regulations fort his type of use. Checklist should be developed :and required to be met as part of permit process. How .Will this reflect upon the community? There is a difference between B&Bs and other types of. short .term vacation rentals, but there is. crass -over in the customers, operations, impact. upon neighborhood, taxes, etc. Flow will the. neighborhoods look with changes of The. thing that is universal is whether or not the this nature? lodger has. had a bad experience within the community. Does COS have any idea on th.e. cost of Not every lodger prefers the types of existing administration of an expanded: program? lsthere. lodgingestabl.ishments within the community. a mechanism for the COS to.'pay program funds? There are those that want:to rent an entire house would the cost.of staff or monitoring programs without an owner/rnanagei-. There.are also those be paid.for? Is there the political Will to fund a that want to rent a room but not eat breakfast program and to what level? with. the other guests. What about zoning/permits for specifc Stillwater is a.n event/wedding destination. areas/neighborhoods arid. has there been conversation about areas which the: community would.not allow them or that they would. not be permitted? How can a'vacation home' business be a The County staff is looking at. the City of residence? Stillwater's efforts to study and regulate short term vacation rental properties to help inform their decisions on what they would like to.do With the industry in the future. What.good does a.Iatk of overnight lodging do As a VRBO owner, appreciates all the diversity at f& the image of the community and the events the table. As a.business owner (other than that the community holds? VRBO), think overnight rentals are a.good thing for the..comniunity and has been beneficial to the community and downtown businesses. What. will the iTnpact of.another 50-70 unit hotel is it appropriate to have a zone -specific have on the community? Wjl[ hotel. investment allowance? In otherwords, can the.City restrict occur if:there are so many alternative short term short term vacation. rentaI propertiesto.a specific lodging 'optioins available Within the community? zoning district? Will this affect RO[ on new investment within the community? Should a non -accessible utility room be: required As a popular'event destination (this is the reason for monitoring (i.e. water heaters}? people are. coming to the:comrnunity] there are. riot that many lodging options for:peopie to stay in. downtown. People enjoy walking to. downtown. How are the rnarketicommunity needs.shifting. Maybe a different set of rules for and how is this ordinance/regulations/etc.;going commercial/downtown areas apposed to to address those changes? residential areas, What are the total number of rooms/units. in the Likely need to have these regulations through the other communities? zoning code which would allow for limited commercial uses In the resioentially.zoned neighborhoods. Question of what We:wan.t the City to look like Private property owners can be more. restri ctive (opposed to who We are catering.to)? than the City's regulations. 5o, Home.dwner's Associations.can prohibit short term vacation rentals: even if the City chooses. to allow them. `What is the maximum number of rooms in.a We have one of the largest homes on the 11RB0 single VRBO that are allowed in other website. Our guests are often families/extended communities? families who want a :communal vacation experience. This type of Io.dging:option is. not avallable:1n the.community without the short. term vacation rental properties. The VR60.website company requires their listed properties to have someone. within 25-30 mi[es.of the site at all times there are. guests/lodgers onsite. Community is losing wedding events becauseof:a lack of lodging within the community. This is a. way to maximum. ROI an a house. An income -generator to. allow for n.ew investment into single family residences. Concerns Include: size.of groups per size of house; parking; character of residential neighborhoods, and age of lodgers. Concerns and. complaints don't appear -to changeover time. Intent:to give flexibdity.to.rent.a home but have.a mechanism in place in the.event things do no.t.go well. Try to find th6 happy-medlum'far everybody (but not likely to be perfect for any one). Limiting. location (as in a particular zoning district, or within a.certain distance of downtown, or along collector streets), and distance (as in no short term vacation rental could .be closer than 300 or 500.or 900 feet. of.another or of a B&B) and the potential total number of properties permitted. in the City .would be a reasonable to start. Discussion with individual stakeholders after meeting. included the following notes:. 1. The County considers short term vacation rentals to be commercial for hiealth inspection purposes if the property is not the primary residence of the property owner.. The.homestead credit would be lost for State income tax purposes if the home were: not the primary residence. (The County may also changethe.tax status from residential to commercial, though we are.not .sure of this.) 1n addition, City building code anal fire code consider the property to be commercial if it is not a primary residence. This triggers a number of issues including:.egress, fire suppression, handicapped accessibility, railings, etc. 2. In some tourist destination:coMmunities (Duluth, manyin the mountain states; etc) the total number of.permitted short-term vacation rentals is capped. Duluth allows only 60. The primary reason for this is: thatwithout a limit, the: affordable housing stock. is.converted to STVRs and. .service industry employ.ees.can no longerfind sufficient housing. Stakeholder's 'included: 1. Several HOA presidents Z. B&B owners 3. Hotel owners' representative 4. Residentlal property owners that put 5TVR on hold until study concluded: 5. CVB President 6. Planning Commission member 7. Two City Council Members 8. Others who have expressed an Interest Chies.Bulletin Print Page Page 1.8 of 20 City Regulation of Short -Term -.. Vacation Rentals by Owners A]INYCSOT Cities are increasingly looking for ways to regulate short-term rentals available through organizations like Airbnb. (Published ). 0rganIz..atlons Like ,Alrbnb ai,ikio.:lnips;Ihvtov.gh'hn6.rood?Af-13720M& =A TC%3I1rfl2ag91Qtip9°lo1iG L1�3IJe°In 26G,.CDt%3DI(Jl)8046.9.78563o26G NY43D..r�,v'26G K*%3Dai4n&Vv26G PYOD9426G_I)9'lol)acgaid=CKCa- YXbn'MwCrQ?nSaQgd4X8DhYx-0A.QodmuoE9iv}.and ABQ:COM (Liptkta: rrrps:I%,,vw vrbn_c,*, . have made things interesting for cities and residents. These are services individuals may use to arrange short-term rental of someone's house,. apartment,.room, or bed for a. night or more. Sometimes they cause issues for cities, Increasingly., cities are seeking information on whether aiid how to regulate these "short-term.rental" situations. League research attorneys are available to answer your questions. What can cities regulate? Understate law, the Department. of Health has jurisdiction to license. and.. inspect Hotels, motels, and lodging establishments, unless a city or county has been. delegated that responsibility. Hotels and motels are defined as buildings, structures, enclosures,. or any part thereof used as., maintained as; advertised us, of held out to be places where. sleeping accommodations are furnished to the public for a stay of less than a week. This alone captures a lot of short-term situations advertised online. Lodging establishments are defined as buildings,. structures, enclosures, or any part thereof used as; maintained as, advertised as, or held out as places where sleeping accommodations. are furnished to the public as regular roomers for stays of a week or mare and having five or more beds to let to the public. (Lodging establishments also include accommodations for those awaiting medical treatment, then- family; and caregivers.) In short, a lot of typical AirBNB or VRBQ.com situations are subject to state regulation, but that does not preclude additional regulation by the city. The state and its delegates have invested a lot of effort into locating and requiring licensing compliance by applicable properties throughout the state offering accomiriodations through AirBNB, VRBO.com, or other means. However, the: level of state/delegate licensing compliance of short-tenn rentals. might inevitably remain low due to: http://www..Ilnc:org/page/`1/citi.es-bul.le.tin-print-page,jsp 4/18/201 G Cities Bulletin. Print Page. Page 19 of 20 • The amount. of state/delegate. manpower. required. • The fact tbat,new short-term. rentals constantly enter the market, • Those offering accommodations hot in compliance may be notified and then tale steps to avoid further detection from licensing authorities. For these reasons, the state filly supports cities adopting some regulation of situations potentially subject to state licensing to the extent. it better enables state law licensing compliance. The short-term.. rental of any space having fewer than five beds and for periods of a week or more is. unregulated by state law,. These are situations only a city may regulates -•--at least until a legislative change gives regulatory authority to the slate and its delegates or malces it exempt. from any regulation, including city ordinance.. There are plenty of situations. the city can regulate.. How can cities regulate these. situations? The two. basic approaches cities currently use to regulate shortAerm rentals are licensing/permitting or prohibition. How cities regulate short-term rentals varies in what constitutes "rental," what accommodations are subject to regulation., the location of the property; and: other respects. For information on cities and counties that have taken steps to regulate these situations, contact the League Research and Information Department at (651) 281-1200, (800)..925-1122, or research@lmc.org (Link rn;'niaitio:+esea+•c1+[]a fnrc:arg) . Should cities regulate short-term rentals? This is. a decision for each city .to make. If a city chooses to ban short-term rentals,. it will have to figure out how to enforce a ban on what can be difficult to detect and yet is an increasingly popular. phenomenon. If a city licenses or otherwise permits these situations, it will have to find a way to do so that doesn't discourage participation in the regulation. There are certainly reasons to, at the very least, have a record of the short -terra rentals being made available. within the city and to: have a person to :contact in the.. event there. are complaints by neighbors. Again, the. state or its delegated licensing authority is eager to work. with cities to maintain state licensing compliance.: If'you. have questions about short--tern-rentals•, contact the League Research and Information Department at (651) 28171200, (800) 925�-1122, or research@lmc.org (Link rn; r�railto;resenrch®f�rc.o+p,J . Read the current ls$ile of the. Cities B1111etin (Link ra: hnp:IRr'ww.hnc,aislpagel)lcities-6erlletiu- newsle1tei'.sp) http:llwww.Ime.org/page/l/cities-bulletin-print-pagc jsp 41181201E 1181201.8 Vacation Home Rentals DEPARTMENT OF REYE NUE Sates and UseTax Vacation Horne Rentals Last Updated- IM312017 Lodging and related services,.including vacation home rentals, are subjectto Minnesota sales tax. Vacation home rentals that are located wifh..in an area with a:local tax are also subject to local safes and use taxes. City lodging taxes may also apply. -The Department. of Revenue administers city lodging taxes for Giants Ridge Recreata.n Area, Minneapolis, Rochester, and. St. Paul. For more information on lodging and related services,. see Fact Sheet 141, Hoteis_aOd Ladging_Fa_ iliG ties. Vacation Home Rental Wehsites Vacation home websites.are. responsible for collecting and remitting sales tax as well as all applicable. general local taxes and Iota! lodging taxes on the full. sales price. of the home rental, including charges for related services. You rnust reg1sterto collect sales tax. 1f you facilitate the. sale of lodging,.including vacation home rentals.. Homeowners [rid 1viduals who rent otA their own home as a vacation rental property dg not.need.coI[ect sales.Wwhen: the home is being rented through a Vacation home rental website; or the. home is being rented in an.isolated incident. tndIMdual s must register to collect sales tax if they regularlyfacilitate the recital of a vacation home without the us.e. of a vacation home rental website.. Rete.re races Revenue Notice 17-06 a es and Use Tax= ad g i ng and Re lated Se Niles= Resid0n i aI Short -Term Rental Minnesota Sta Ldes297A_61. Subd. 3(g)2 Lodaina Minn.ja Statutes 297 A.,61, Subd. 21 No r a I Coursa of Busin .Minne o a Statutes.2 7A 61 Subd. 47 A modations lei r sill Minnesota Statutes 297A:57. Subd S.Occasi6naI Sal Fact Sheet 141 Ho els.and.Ldd in-6lities Fa ct 5 het 164, Local ales and Use Taxe. Fact Sheet 164M Minneapolis cal Local Taxes Fact �e_et'-64S. Special Locai Taxes http:lAwmw reienue.state.rrn.tislbbsinesseslsUVFagesll/acatiorFHome Rerdals,aspx. 111 11812018 �3©`EPARTMENT OFREVENUE Sales --Residential Short- Ter mRentals- sales and LkO Tax Las t.Updated: 11iNQO17 ' Sales.— Residential Short-Terrn Rentals Residential short term rentals include homes, a:portion of a., home .or any other pro p erly Used for a;temporary place to stay. or five. Residential short term rentals a.re:. a place to stay or five. Residential short-term rentals are a form of lod ing and related services. Charges for the rentals are subject to. the general rate sales tax. and any applicable ]aca1.and loxe dging tas. See gales — Lodging and Ref to ervice& Pacilitating the..sale Facilitating the sale of.lodging includes "brokering, coordinating, or inany way arranging for purchase of or the right:to use accommodations.bya customer." Facilitating the sale of lodging includes both: Collecting receipts from the customer of the lodging Transmitting the receipts to the owner of the. residential property, whether the .accgmmodations. intermediary deducts or causes to be. deducted any fees or other amounts from those receipts, either: Directly by the accommodations intermediary or Indireckthrough agreements or arrangements with third parties Facilitating the sal e.does not include. only advertising the: availability of the residential property for short-term rental, which directs the customer of the lodging to contact the.owner of the property to reserve and purchase the lodging. For'aIt residential short=term rentals, who. fa ci I i tates. the sal es:transaction determines who is responsible for the tax: See the chart below for details. Residetltiai ShOrt-tertn rental siWatians The residential propertyis.located i.n Minnesota a.nd bothccnd'itions apply: The owner regularly finishes.lodging directly to a customer in the. normal course of busine..s8 [done for the purpose.ofprofit.or producing income] The customer makes the reservation with and pays the owner for the lodging and related services who's re. spohsible [ar the tax` The prope rty.owner must register as a. retailer to collect, report, and remit.taxes.on the full sales price .of lodging.and. related services. The residential propertyis located :in M i nnes ota ;a hd the owner uses The accommodations intermediary must registeras... retailer the services of an accommodations intermediary to facilitate all safes to collect;. report, and remittaxes:.on the full sales price..of of lodging at the owner's property. lodging and related services. The residential property is located in Minnesota anti the rental of the The property owner is not fe.quired. to register or collect taxes business.: property by the owner is an isolated incident,. not.made in on the sale. the norma[course of business. See Isolated or occasional sales. The residential short -temp rental is faci 11 tated.by Both: The property owner in the normal course of business An accommodations intermediary to facilitate short-term lodging Both the owner and the. intermediary are responsible for sales tax_ Thesales tax is handled :as.follows: The property owner is re.qured..to collect, report, and. remit taxes on the lodging and related services where they did not use the services of an accommodations: intermediary. Th.e accommodations'intermediary is required to collect, report, and remit taxes on the lodging and related services.. they facilitated. hftr.1 ww,creimnue.statenln,uslbusihesses/sul]Pages/Hotels-t.odginglSales-Residential-Short-Terrt}Rentals.aspx 112 118f2018 Sal es—Residerdial Short-TermRentais " Ywrnust keep.documentation to support who facilitated the sale and was responsible for remitting the applicable taxes on the lodging and related.seMces. For mare information, see Revenue_Notice 17-06, Lodging and Related Services — Residential Short -Term Rentals. lsoiated or Occasional Sales For sales tax,. a sales tax exemption will apply to the short-term rental in Minnesota ifthe sale i9 isolated or occasional, and not made in the normal course of busine.ss.of selling Iodging.and related services. An "isolated .sale" happens once. An "occasional sale" is. infrequent and does not reoccur Wth some. degree of regularity: I`a.ormaI course of business is defined as activities that demonstrate a commercial continuity or consistency of making sales or performing.ser'ces.:for the purposes of.attairring profit or producing income. For income. tax purposes, the internal Revenue Code (IRC.) provides.. an isoiated sale exemption when you rent out for14 days or less a year a. property that you.also use:as your home. This is an exernpti.on from income tax an that. rentaI income. Howeve r,. th i s exemption does not apply to sales tax, Unless a sales tax eke mpfion. applies,.you must collect sales tax on the short-term rental of.your property. <. ales — Lodging and Related rvices. Return to conteats_pa4e_for this_guide Sales — Fees and Other Charges > hdp:fMmwfeleriue.state. n.milousinos seslsutfPages/Hdtals-Lodging/Sales-Restderdla[-Short- Term- Rental s.aspx 212 1211812017 Short-term rentals are'now legal in Minneapolis and St. Paul, if you register: Very few people have. I MinnPost Short. -term rentals are now Minneapolis and St. Paul, if few people have. By Greta Kaul 1 12/1.5/17 legal. in you register. Very Thinking: about listing. your spare room, or whole house, in Applications to offer short-term rentals opened to Minneapolis on December 'I.. Minneapolis or St..Paul as an. Airbnb rental. during the Super Bowl? In order to do it legally, you may have to. comply with some. new rules. In October, Minneapolis and St. Paul joined a growing list of cities, including San Francisco, Chicago. and.Seattle, in passing rules that both legalize short-term rentals on web -based platforms like. Air bnb and HorneA.way and layground rules governing them. Passing ordinances also allows cities to collect fees and taxes..on the. incireasingly popular'rentals: In the Twirl Cities, the rules are just now taking effect, with the application process for licenses beginning in Minneapolis on Dec. 1 and in St. Paul on Dec. 2. As of last Friday, Minneapolis had 18 applications in hand from.would-be hosts, while St. Paul had 32. https:IlwvM-minnppst.cornlpolitic-t-polieyl2917192lshiort term=rentals-are.-now-legal-minneapolis-and-st-paul-if-you-register-ver 1A 12/18/2017 Shwrt-tum rentals are now legal in Minneapolis and St. Paul, if you register. Very few .people have. I MinnPost That's a tiny fraction of the estimated i,.800 active;short-term rental listings (on 25 platforms) in Minneapolis, and around 500 active listings in St. Paul in Qctober, according to data from HostCompliance, a company that. helps cities monitor short-term. rentals. Some are renting for thousands of dollars per night during the weekend of the Super Bowl. The, new rules In Minneapolis, hosts who rent out a room in a house that they are living in while guests are there are not required to register or:get a license. If the hosts. live there, but leave when guests arrive, they have to pay $46 annually to register their short-term rental. If they do not live in the unit and rent it out - even short-term -- they have to. obtain a. standard rental license, the cost of which varies depending on the property. While hosts have to pay license and registration fees, the city isn't imposing additional taxes on hosts. In St. Paul, the annual fee for a short-term rental license is $40 per unit, regardless of the size of the unit or whether the hosts occupy it simultaneously'with guests or not. Hosts must get a fire certificate of occupancy, which certifies the property meets safety codes and subjects it to regular inspection, if the rental isn't owner occupied: Hosts are also required to pay taxes (the lodging tax in St. Paul is 3 percent). Because of their Peer -to -peer nature, and because rental platforms have been reluctant to help cities. crack down on scofflaws, short-term rentals are difficult to enforce. But both cities will make -efforts to do SO.. If hosts operate without a .rental license in Minneapolis, they're. subject to a $5oo fine, which can double if it's not resolved by its due.date. Minneapolis will initially warn hosts they are out of compliance before issuing violation notices, wrote city spokeswoman Sarah McKenzie in an email. For the months of December and January, St. Paul. is focused on educating hosts, wrote Dan Niziolek, deputy director of St. Paul's Department of Safety and Inspections, in an email. About So people attended a.Grworkshop the city held in late.November, and. St. Paul plans to send mailings with notifications. of the new rules to current short -terra rental hosts. After that conies enforcement.. Operating a short-term rental in St. Paul without a license is a petty misdemeanor that carries a fine of $3oo, Niziolek wrote. Among the first to apply for registration in St. Paul was aspiring short-term rental.. host Linda Snouf€er, who submitted the paperwork last week: She told MinnPost she wants to get the listing to rent a house she owns next to the one she lives. in up in time. to rent it during the Super Bowl. https:11www.minnpost.co Wpolitics-polioyl2017112lshort=term-rentals-are-now-legal-rninneapolis-and-st-paul-if-you -register-ver 214 1211812017 . short-term rentals are naw iega1.i6 Minneapolis and St. Paul, If you register. Very few people have. I MinnPost 5o far, so good. She had to do some updates onthe electrical work. in the house in order to make sure insurance would cover the short-term rental, and she's waiting for the fire marshal. -to do an inspection in order to obtain a certificate of occupancy, a requirement for short-term.rentals% in St. Paul that aren't o-wner-occupied. Once the city gives the go-ahead,. she should be licensed and able. to legally list the property. Locals like Snouffer stand to make a. good chunk of change. According to Airbnb, a private unit. that hosts four guests has a $1,483 per month earning potential in Minneapolis and $1,254 in St. Paul, assuming four guests and that So: percent of nights are booked. Platforms resist Airbnb and other platforms aren't pleased with. some of the requirements in the Twin Cities ordinances, and so far, it's unclear whether they will comply with them. Neither city had received an application from a short-term rental platform early this week. Among the registration requirements is a $1o,000 annual fee in St. Paul, or.a $5,000 large platform/ $d3o small platform fee in Minneapolis. Small platforms are defined as those with fewer than 15o active listings. The Internet Association; a trade group representing. Internet companies and.short-term rental. platforms, including Airbnb, HomeAway and Expedia; put out a statement following Minneapolis' passage of Airbnb rules that said the: new rules violate federal law. In a statement, Airbnb specified it believes soiree of the requirements of. platforms violate the iggb federal. Communications Decency Act, which made platforms. not responsible for third -party content on their sites.` Benjamin Breit, a spokesman for Airbnb,. declined to. comment as to whether the platform will apply for platform licenses, as:required by the new ordinances, in either city. He responded to inquiries from MinnPost via email with a statement from Airbnb that followed the passage of the Airbnb ordinance in October in Minneapolis. while the company said it's appreciative: of the city councils efforts, "the. ordinance:still violates the legal rights ,ofAirbnb and its community. We will consider all legal options to protect innovation and the. privacy of Minneapolis residents.," it says. "Due to the legal situation, unfortunately I can't really say anything," he: wrote. Get MinnPost's top stories in your inbox First Name Last Name Email.address =;r Daily newsletter !, Sunday review https:lAvvm.minn post. comlpolitics-pol1cy1M171.121short-terin-rentals-are-now lagal- ninneapolis-and=st-paul if-you-register-ver 314 SUPER BOWL Lfl With Super Bowl roams in short supply, ' private home rentals rise Homeowners With a room —. or a whole house' — to spare are scrarribli.ng to cash in. By liim Buchta StarTdbune 0CTOBER 30. 2017 — G:21AM The 2018 Super Bowl is stall four months away, but Fred Ydmldo's :loft -style. condo is just two: short blocks from U.S. Bank Stadium; s6.he's already hired a broker to help find. Someone to rent it. On Monday, his . brick -and -timber condo will hit the rnarket for'$10,000 a night for the week before the Feb, 4 game. "Ifsomeonewants to paint the walls. purple, we'll negotiate the price," Yekaldo said. "But if I only rent it for .one day and make $5,000, I'll consider. that awindfall." 6ame+week.hotels in the. Twin Cities are filling up fast, so homeowners with.a room --or a whole.house --to spare are preparing for an, onslaught of football fans in search.of a place to stay by signing up with VRBO,.Airbnb and other short-term rental sites: Prices for such:rentals iri the Uivin citf es already exceed thoseof previous Super Bowl host cities because the Twirl Citiesarea.has fewer Hotel roorns, and thevwt majority -of housing in. downtown' Minneapolis is off-liiriits. Most condo owners won't:be:offering their units; because all but a few buildings strictly ban short-term. rentals. The companies that manage: those associations are calculating 'steep fines. and patrolling various websites.to make sure no one is violating those polities.. Nearly every rental .apartment wili.beunavailable, as well. Most property:rnanagers. require a six- or 12-month lease; and temporary"sublets. are usually strictly for hidden because of security issues. Those restrictions..downtown.are. giving a roost to:other property owners around the. Twin Cities. A St. Paul family is offeringtheir RV, which ran sleep four people,.at $500 a night, but they say the water hookup will depend on the weather.. The owner of a 20,0 0 0- square-foot house on a privateisland in LakeMinmetonka is malting it avaiiable.for $30,000 a night, helipad access included. Super Bowl week.listings are even popping in farther away communities like.Cannon Falls; Northfield and Hutchinson. Homeawaycom, which owns VR.BOi anticipates "Minneapolis: surpassing HoustoWs huge demand for vacation rentals," according to a companyrepresentative. During October, there was a 120. percent increase in listings. on HomeAway sites compared. with last year at this time. For those that were available Super Bowl weekend,.70 percent are already booked. If you're Still looking,the average nightly rate is $2,305. In Houston, which hosted the Super Bowl last year, the average price for a rental was $1,715 compared with a normal nightly rate: of $217. 'We're encouraging people to book now," said Xi-isten Montag, communications manager for Meet Minneapolis Convention. and Visitors :Association, 'When you look at what's online, it's pretty thin. for [they weekend of the game." She said there are 8,973 hotel rooms in Minneapolis and 41,612 in the metro area -- far fewer than in Houston — but it's unclear how many are still available for Super Bowl weekend because some:hotels might be holding rooms for release closer to the :garrie The -Twin Cities is unlike many popular vacation destination, where homeowners have become.aecustomed. to the so-called ' sharing economy":and. there are fev restrictions on short-term rentals. "I'm in aquandary right now about how to price it," said Lynne Larsen, who recently starred renting out.a one -bedroom apartment an the second floor of a house in Uptown that she lists on. Airbnb, which had 1,500 active hosts in Minneapolis and another: 350. in St; vaul as oflast week. {htt Wstmed13.5tartribune:cumlfmageslows-1509221420610. The,average.Per-t9i� Ngffirp cdi6i�.MjYW *0YicTf E..P ?kmgrff6V6ep°m,rgting considering renting out during the Super Bowl. $2,3.05 Minneapolis $1,720 St.Paul. $1,-715 Houston $1,540 Santa Glara; Calif $Ijo0 Glendale;. Ariz $760 East Rutherford, N.J. $1,200 New Orleans $Soto That was a 73.. percent increase in six months, according to Laura Spanjinn, Au hnb's Midwest policy director. Spanjian. said. the:company is launching local "Bost .Club" meetings. to encourage more prope'zty owners to. participate and:to offer support to those who are considering it, Normally, Larsen and her wife, Linda, are able to. get $90 per night not including a cleaning fee, but they're waiting.to see how much rentals are actually fetching before deddingif, -and . for how much, they'll offer it during the Super Bowl LstWitim They've considered quadrupling their normal rate. "1'm concerned about.party people.. We don't have a party place,. so 1. might take it off the site entirely, "she said. ' ldon't want a bunch of folks Gaming in and Having a'lot of fun in a loud way." Officials in the Twin Cities have struggled to regulate -short-term rentals, and Minneapolis recently approved newrules that require hosts who rent out a property they don't.live in; and those who move out when guests are present, to.pay for a rental license. St. Paul is. considering its options. Prudden: Cos., a Twin .Cities rental management company, is working with several homeowners' associations that have. considered changingtheir rt les. to allow short-term rentals. Very.few, however,:have been.wil].ing.to do it. `I'his; has kept supply low and is a contribudng.factor to'a higher price point than Houston,". said Jessica Prudden, who runs the.firm. Some -buildings are compromising by making their common spaces available. Ptudden's firm.reoentlyhelped a major cable network -lease space in -a downtown buil_dingwhere_ it .can host all of its TV and radio shows, "It was a six -figure deal to the lessor," Prudden said, "but substantially less tthan what they initially envisioned." She said that :properties that are closer to the venue and those that offer a.one- of -'a -kind experience are fetching far more than the $2,000 nightly average..."We have multiple luxury homes north of $lo,00a. a night; .'. she said. "A hedge fund manager from New York or one of the NFL owners are targets for these exclusive homes." She said there's already a,sbortage of luxury options'and expects a last-nainuterush once the teams are known. ".`Fans will have a small window tosolidify their housing," she said. Y.ekaldo, who owns the condo•two blocks from the stadium, isn't waiting to see how things shakeout..He. .said that the owners in the 31-unit building where he's on theHQA board have been discussing the situation for several: months. It took the entire summer to forge an agreement :about changing the bylaws. to. allow for short-term. rentals. Those bylaws previously said the M41hium rental period was one year, but 75 percent of the homeowners votedin favorof the change. While individual owners are still evaluating their options, the board has been actively working to take advantage of the building's proximity. to the stadium. It approved a contract with an advertising company to hang a.30-by--60-foot Banner on the side of the building that faces the stadium even though the city prohibits buildings from becoming billboards. He's -sent a letter to Ws City Cotuicil.rcpresentative asking for a change in the rules.. For now, he's focused on finding a well-heeled renter, and he's confident -that anyone who is willing to'.pay his $I:Q,OQO. nightly askingprice isnTlikelyto cause much damage... "Me type of.person who will pay that is the type of person who will take care of.this place," he said. `2 still. have to live here once thW. re gone.." Indianapolis i $2;000 i Arlington; Texas i Common Vacation Rental Websites Airbnb Tile Apartment Service 1 lipKey Holiday Lettings .HomeAway i VacationRentat Q.nlineVacationRentals.0m. Rental❑ Top. Villas TripAdvisor Tripping VacationHomeRentals.com Villas International VRBQ pestination-Specific. BeachSurnmerRenta1 s.corn Wyndham. Vacation Rentals