[Ord. No. 4518, 2-4-2019]
As used in this Article, the following terms shall have the
meanings indicated:
A separate room or space with a door, a closet, and a window,
used or intended to be used specifically for sleeping purpose.
The Director of Public Works or designee.
A building or portion of a building providing complete, independent
living facilities for one (1) or more persons, including permanent
provisions for living, eating, cooking, sanitation, and a separate
bedroom(s) for sleeping.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, closets, halls, storage or utility spaces, and similar
areas are not considered habitable spaces.
The purpose for which a dwelling unit or portion thereof
is utilized or occupied.
Any individual living or sleeping in a dwelling unit or having
possession of a space within a dwelling unit.
Any person who owns or has charge, care or control of a dwelling
unit which is offered for rent.
An individual, firm, corporation, association, partnership,
limited liability company, or other legal entity.
To permit, provide for, or offer possession or occupancy
of a dwelling unit in which the owner does not reside for a period
of less than ten (10) days to a person who is not the legal owner
of record thereof, pursuant to a written or unwritten lease, agreement
or license.
Any dwelling or portions thereof, in which the owner does
not reside, that is available for use or is used for accommodations
or lodging of guests, paying a fee or other compensation for a period
of less than ten (10) consecutive days.
A person who is not the legal owner of record and who is
occupying a dwelling unit pursuant to a written or unwritten rental
lease, agreement or license.
The short-term rental (STR) Article allows for a non-owner-occupied
short-term rental which are for property owners who do not live on
the property full time and rent out the property up to three hundred
sixty-five (365) days a year to guests for a time less than ten (10)
days per stay.
[Ord. No. 4518, 2-4-2019]
A.
No short-term rental shall operate within the City of Berkeley without
a current valid short term rental permit.
B.
All individual units having cooking, sleeping, and bathing facilities,
within common buildings, regardless of ownership, shall require a
separate, individual permit for each unit intended to be used as a
short-term rental.
1.
On residential properties which are not multi-family buildings
(e.g., duplex, four-plex), a single individual unit, which is not
owner occupied, as non-owner occupied units shall be considered a
short-term rental unit.
[Ord. No. 4518, 2-4-2019]
A.
Application. Application "Exhibit A," (held on file in the City offices)
for a short-term rental permit shall be made either in writing or
electronically. Upon submission of a complete application, the Director
of Public Work, or designee, shall determine whether a unit is to
be considered a short-term rental. Application for a short-term rental
permit shall be accompanied by a one-time application fee two hundred
fifty-nine dollars ($259.00) for the first year, and one hundred twenty-five
dollars ($125.00) for each year thereafter that the property is used
as a short-term rental (STR) and shall include the following information,
at a minimum:
1.
A list of all owners, operators, and agents (if applicable)
of the short-term rental including names, addresses, current email(es)
of owner/operator, and telephone numbers.
2.
A sketch or narrative describing the location of the available
parking spaces.
3.
A sketch of the floor plan, which identifies sleeping areas,
proposed maximum number of guests, evacuation route(s), and location
of fire extinguisher.
4.
The name, address and twenty-four-hour telephone numbers of
a contract person, who is the owner, operator, or designated agent
and who shall be responsible and authorized to respond to complaints
concerning the use of the short-term rental. Owners and agents must
live within fifty (50) miles of the property.
5.
A sworn, self-certification that the owner of the short-term
rental has met and will continue to comply with the standards and
other requirements of this Article, including, but not limited to:
maintenance of insurance coverage of the unit or portions thereof
in accordance with this Article and obtaining annual independent inspections
of required fire extinguishers in compliance with the City's current
Fire Code.
B.
Completeness Of Application. Applications shall not be considered
complete until all documentation required under this Article has been
submitted, and until the full application and permit fees have been
paid. Incomplete applications will not be accepted. Any applicant
that makes false statements or gives false information will not be
approved.
C.
Acknowledgement By Applicant. In connection with submission of the
application, each applicant shall acknowledge that any permit granted
by the Director under this Article does not supersede any property-specific
restrictions against short-term rentals that may exist under law,
agreement, lease, and covenant or deed restriction.
[Ord. No. 4518, 2-4-2019]
A.
Unless revoked by the Director earlier pursuant to this Article,
a permit to operate a short-term rental expires annually. Renewal
is one (1) year from the date of issuance, and must follow the guidelines
below.
B.
A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the Director. The permit holder shall update the information contained in the original permit application required under Section 400.1030 of this Article or any subsequent renewals under this Section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for a new permit, as described in Section 400.1030.
C.
The Director shall follow the procedures set forth in this Article
when determining whether to renew a permit.
D.
The annual fee for the renewal of a permit to operate a short-term
rental is one hundred twenty-five dollars ($125.00).
[Ord. No. 4518, 2-4-2019]
A permit to operate a short-term rental is non-transferable
to another owner, operator, unit or location. The property cannot
be listed for sale as a short-term rental.
[Ord. No. 4518, 2-4-2019]
A.
All short-term rentals permitted pursuant to this Chapter are subject
to the following standard requirements:
1.
Occupancy. The maximum number of persons allowed to reside in
a short-term rental shall be defined by the Berkeley Model Housing
Code.
2.
Time Frame. The short-term rental (STR) Article allows for a
non-owner-occupied short-term rental which are for property owners
who do not live on the property full time and rent out the property
up to three hundred sixty-five (365) days a year to guests for a time
less than ten (10) days per stay.
3.
Parking. Shall comply with City Code Section 400.410. The yard(s) shall not be utilized to provide the necessary parking. All parking spaces shall be a paved surface.
4.
Insurance. The applicants shall keep, at a minimum, an insurance
policy sufficient for personal injury liability of guests. A copy
shall be filed with the City, and proof provided upon request.
5.
Life Safety.
a.
Short-term rentals and structures where they are located shall
conform to all applicable City-adopted codes, regulations, and ordinances.
b.
A 2A:10B:C type fire extinguisher (a standard five-pound extinguisher)
shall be properly mounted within seventy-five (75) feet of all portions
of the short-term rental on each floor.
c.
Smoke and carbon monoxide detectors shall be installed and conform
to all applicable City-adopted codes, regulations, and ordinances.
Working smoke detectors are required in each bedroom, basement and
hallway.
d.
Every sleeping area shall have at least two (2) operable emergency
escape and rescue opening per all applicable City-adopted codes, regulations,
and ordinances.
e.
An evacuation plan shall be posted conspicuously in each unit
or permitted sleeping area.
f.
Every bedroom/sleeping area in a short-term rental that does
not comply with this Section shall not be used as a sleeping area
and where equipped with a door, shall remain locked at all times when
the dwelling is being used as a short-term rental. Such a non-compliant
sleeping area shall not be included in the maximum occupancy calculation
as defined by the Berkeley Model Housing Code for the short-term rental.
The owner/operator shall notify every occupant, in writing, that the
non-compliant sleeping area may not be used for sleeping.
6.
Conduct On Premises.
a.
Short term rental operators shall be responsible for informing
their occupants of all relevant City Codes and occupants' liability
for violations of same.
b.
Excessive noise or other disturbance outside the short-term rental is prohibited per Section 210.670, per the Code of Ordinances. This includes, but is not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas, music, outdoor yard games, noise by guests of primary renter.
c.
No overnight sleeping outdoors or outdoor sleeping spaces for
rent.
f.
Ordinance and annual permit shall be noted on all on-line registries.
8.
Tenant Indoor Notification. The operator shall post in a conspicuous
location of the dwelling the following minimum information:
a.
Maximum number of occupants.
b.
Location of required street parking, other available parking
and prohibition of parking on landscaped areas.
d.
Restrictions of outdoor facilities.
e.
Twenty-four-hour contact person and phone number; property manager
within fifty (50) miles of property.
f.
Property cleanliness requirements.
g.
Trash pick-up requirements, including location of trash cans.
h.
Flooding hazards and evacuations routes.
i.
Emergency numbers.
j.
Notice that failure to conform to the occupancy and parking
requirements is a violation of the City Code and occupant or visitor
can be cited by the City inspectors and police.
k.
Short-term rental permit, and/or any other required permits,
if applicable.
9.
Standards For Approval. The Public Works Director or designee
shall approve, or approve with conditions, an application for a short-term
rental license only upon a finding that the application complies with
all of the following applicable standards:
a.
Maximum occupancy will be based on every person having fifty
(50) square feet of habitable space (bedroom).
b.
The dwelling unit must meet all residential building, electrical,
mechanical, plumbing, and life safety codes; in compliance with adopted
codes.
c.
The operator shall provide ample off-street parking to accommodate
occupant's vehicles.
d.
No interior cameras, or hidden spyware allowed, tenants have
an expectation of privacy and a right of enjoyment in accordance to
Missouri Landlord Tenant Law.
e.
Exterior cameras are permitted.
f.
The appearance of the dwelling shall not conflict with the residential
character of the neighborhood. The structures shall be properly maintained,
and kept in good repair, in order that the use in no way detracts
from the general appearance of the neighborhood. Garbage must be kept
in a closed container and disposed of on a regular weekly schedule.
g.
No sign shall be posted to advertise the availability of the
short-term residential unit to the public.
h.
The owner shall keep on file with the City Inspections Division,
the name and telephone number of a contact person who shall be responsible
for responding to questions or concerns regarding the operation of
the short-term rental; this person must be within fifty (50) miles
of the property. This information must be kept current. This information
also shall be posted in a conspicuous location within the dwelling
unit. The contact person must be available to accept telephone calls
on a twenty-four-hour basis at all times that the short-term rental
is rented and occupied. The contact person must have a key to the
rental unit and be able to respond to the short-term rental within
sixty (60) minutes to address issues or must have arranged for another
person to address issues within the same timeframe. The requirement
for identifying a contact person applies to each person or entity
making arrangements for renting a given short-term rental. The owner
shall notify neighboring dwelling units within three hundred (300)
feet from the rental dwelling unit, in writing, that the property
is a permitted short-term rental and shall provide a telephone number
of the rental agency, if any, or other local contact person.
i.
The owner or agent or contact shall provide the tenant or lessees
of a short-term residential rental with the following information
prior to occupancy of the premises and post such information in a
conspicuous place within the dwelling on the premises:
(1)
The name of the contact person, and a telephone
number at which they may be reached on a twenty-four-hour basis; and
(2)
Notification of the maximum number of overnight
occupants permitted on the premises pursuant to this Article; and
(3)
Notification of the parking standards of this Article;
and
(4)
A copy of this Article, as may be amended from
time to time; and
(5)
Notification that an occupant may be cited or fined
by the City of Berkeley Inspectors and/or Police, in addition to any
other remedies available at law, for violating any provisions of this
Article.
j.
All land-based recreational activities to be limited to rented
premises and shall not encroach on neighboring properties.
k.
Campfires in designated 'fire pit' areas away from water's edge,
trees, and property lines. Fires must be attended at all times and
properly extinguished after use.
l.
Tenants of a property used for short-term rental use shall not
create a nuisance. For purposes of this Subsection, a nuisance includes
but is not limited to any of the following:
(1)
Playing or using a radio, phonograph, compact disc
player, tape player, television, musical instrument, sound amplifier,
or other electronic or mechanical sound-producing device in such a
manner or with such volume so as to disturb the quiet, comfort or
repose of a reasonable person of normal sensitivities.
(2)
Yelling, shouting, hooting, singing, or making
other noise that because of its volume, frequency, or shrillness unreasonably
disturbs the quiet, comfort or repose of a reasonable person of normal
sensitivities.
(3)
Sounding or using any horn, siren, whistle, bell
or other warning device so as to unreasonably disturb the quiet, comfort,
or repose of another person.
10.
Business License. Miscellaneous business license is required
and shall be renewed each December 31.
[Ord. No. 4518, 2-4-2019]
A.
To ensure continued compliance with the requirements of this Section
a short-term rental may be inspected in the following methods:
[Ord. No. 4518, 2-4-2019]
A.
A person commits an offense under this Chapter if that person owns
or operates a short-term rental in the City without a valid permit.
B.
Emergency Contact. The owner/operator of the short-term rental shall
provide the City with a twenty-four-hour contact number for the operator
or a designated agent and shall provide timely updates to City of
any changes thereto. Should a Law Enforcement Officer respond to the
short term rental and issue a citation for any violation of City ordinances,
the operator or their agent shall be called by the officer. The operator
or their agent shall attempt to contact the occupants within one (1)
hour of the call to address the occupants about the complaints. Should
a second complaint be filed and citation issued to any part of the
occupants or guests, the owner/operator must take appropriate steps,
in accordance with the individual rental agreement, to assure future
complaints do not occur. Short-term rental permits shall be revoked
if three (3) or more confirmed citations are issued at a permitted
property within any six-month period, whether issued to the operator
or any occupants. Failure to provide updated information to the City
regarding designated agent or responsible party shall be a violation
of this Section.
C.
Violation of any Section of this Article shall constitute an offense resulting in permit revocation in accordance with Section 400.1090, Revocation Procedures.
D.
Failure to timely pay any applicable license fees is a violation of this Section and shall result in permit revocation if arrearage is not paid within ninety (90) days of this issuance of a delinquency notice, in accordance with Section 400.1090, Revocation Procedures.
E.
Failure to successfully complete the renewal process of a short-term
rental permit is considered a violation of this Section.
F.
The provisions of this Subsection are in addition to and not in lieu
of any criminal prosecution or penalties as provided by City ordinances,
County, or State law.
G.
Violation of the terms and conditions of a short-term rental permit
under this Article shall be punishable by a fine. The civil fine for
each violation of this Chapter shall be set by a court of competence
jurisdiction. In addition to enforcing this Article through the use
of a Municipal Court to abate or eliminate the nuisance or any other
violation of this Article.
H.
For each day any violation of this Article occurs it shall constitute
a separate offense and is separately punishable, but may be joined
in a single prosecution.
[Ord. No. 4518, 2-4-2019]
A.
The Director of Public Works is authorized to suspend or revoke a
short-term rental permit issued under the provisions of this Chapter
wherever the permit is issued in error, or on the basis of incorrect
information supplied, or where it is determined that the building,
structure, unit, or portion thereof is in violation of any ordinance
or regulation or any of the provisions of this Article. In action,
if any violations have been committed and not corrected within the
time specified, the Director shall begin the procedures to revoke
the short term rental permit in accordance with the following:
[Ord. No. 4518, 2-4-2019]
This Article shall become effective thirty (30) days after its
passage.
