[Adopted 11-17-2022 by Ord. No. 2022-01]
This Part shall be known and may be cited as the "Short-Term
Rental Ordinance."
1.
The Borough desires to permit short-term rental uses within specific
zoning districts within the Borough in such a manner as to provide
the benefits of such rentals while protecting the character and residential
qualities of the neighborhoods in which the short-term rentals may
be conducted. The Council for the Borough specifically finds and declares
as follows:
A.
Short-term rentals provide a community benefit by expanding the number
and type of lodging facilities available and assist owners of short-term
rentals by providing revenue which may be used for maintenance, upgrades,
and deferred costs.
B.
While most short-term rentals operate without issue, there have been
numerous issues throughout the country, the Commonwealth of Pennsylvania,
and specifically the Borough with short-term rentals, including excessive
noise, parking, litter, and concerns regarding security, public safety
and trespass.
C.
The transitory nature of occupants of short-term rentals makes enforcement
against the occupants difficult, and therefore the owner of the short-term
rental unit must be held responsible.
D.
The provisions of this Part are necessary to prevent the continued
burden on the Borough and community services and to prevent the potential
negative impacts on residential neighborhoods posed by short-term
rentals.
E.
Compliance with the terms and provisions of this Part will allow
for the Borough to maintain the character and nature of residential
zoning districts within the Borough.
No owner of a short-term rental shall rent, offer to rent, or
advertise for rent the short-term rental to another person without
a valid short-term rental permit approved and issued in the manner
provided for by this Part. Permits are nontransferable.
1.
An application for a short-term rental permit shall be filled out
and turned into the Borough Code Official/Zoning Officer. The application
shall contain the following information:
A.
The name, address, phone number and email address of the short-term
rental owner. If the owner is the designated contact person, the owner
shall provide a twenty-four-hour phone number.
B.
The name, address, phone number and email address and twenty-four-hour
phone number of the contact person, if the owner is not the designated
contact person.
C.
A photograph of the short-term rental taken from the front of the
short-term rental.
D.
A floor plan of the short-term rental indicating the number of bedrooms
and/or dwelling units offered for rent and the maximum number of overnight
guests permitted.
E.
A diagram or photo of the premises showing and indicating the number
and location of designated on-site parking spaces and the maximum
number of vehicles allowed for overnight occupants.
F.
A diagram or photo of the premises showing and indicating the number
and location of off-site parking spaces, if any, for use by an overnight
occupant of a short-term rental.
G.
A copy of the owner's registration with the Allegheny County
Treasurer's Office, Special Tax Division.
H.
An acknowledgement that the owner, agent, and/or contact person have
read all regulations pertaining to the operation of the short-term
rental.
I.
An acknowledgement that the owner, agent, and/or contact person must
post and maintain the short-term rental with the notice required in
§ 11-511.1H.
J.
Municipal lien letters and tax certifications evidencing no outstanding
municipal liens, taxes, and/or utilities due and owing against the
property and/or any property owned by the owner within the Borough.
K.
A valid occupancy permit from the Borough of Homestead.
1.
A short-term rental permit shall be valid for the year for which
it was issued. The owner shall renew a short-term rental permit by
reapplying every year on or before December 1. If the information
contained in the initial application for a short-term rental permit
is unchanged, the owner may submit to the Borough a letter indicating
as such, and the initial application may be used for purposes of renewing
the short-term rental permit. The owner shall remit to the Borough
a renewal fee in amount set forth in § 11-507.2. If the
owner fails to submit a renewal application and required fee by December
1, the owner shall be assessed the following late fees:
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After December 1
|
25% of renewal fee
|
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After December 31
|
50% of renewal fee
|
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After January 15 of subsequent year
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100% of renewal fee
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2.
If the owner fails to submit a renewal application and required fee
by January 31 of the subsequent year, the permit shall expire and
become null and void, and the owner must submit an application for
a new short-term rental permit.
1.
Permit/application fee. An application for a short-term rental permit
shall be accompanied by an initial fee in the amount established by
resolution of Council.
2.
Renewal fee. An application for renewal of a short-term rental permit
shall be accompanied by a fee in an amount established by resolution
of Council.
3.
Nonrefundable. Permit/application and renewal fees are nonrefundable
and may not be prorated.
No permit application, or renewal application, shall be denied if it is in compliance with the provisions of this Part and accompanied by the required fee. If a short-term rental permit is denied, the Code Official/Zoning Officer shall send the owner written notice of the denial along with the specified reasons for the denial. The owner has the right to appeal the denial of a permit under § 11-514 below.
Any short-term rental permit may be subsequently revoked by the Code Official/Zoning Officer when the Code Official/Zoning Officer finds that the information contained in the application is false, or a violation of this Part has occurred on three or more occasions in a rolling twelve-month period. A permit may only be revoked after written notice to the owner describing the violation or the condition by citing to the applicable sections of this Part and notifying the owner of their right to appeal under § 11-514 below.
1.
Prior to the issuance of a permit under this Part, or renewal of a permit under § 11-506 above, the owner of a short-term rental must permit the Code Official/Zoning Officer appointed by the Borough to inspect the short-term rental unit to ensure that the short-term rental unit is in compliance with the most recently adopted International Property Maintenance Code and other applicable codes as deemed by the Code Official/Zoning Officer adopted by the Borough and then in effect.
2.
An inspection fee established by resolution of Council shall be charged
for any inspection necessary and in accordance with this Part.
1.
All short-term rental permits issued pursuant to this Part are subject
to the following standards:
A.
The owner shall limit overnight occupancy of the short-term rental
to two occupants per bedroom, but in any case, no more than eight
overnight occupants per short-term rental. Children 12 or under do
not count towards the limit of overnight occupants.
B.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% of the maximum overnight
occupancy of the short-term rental (i.e., if the maximum number of
overnight occupancy is six, the maximum amount of day guests permitted
to be at the short-term rental would be four, for a total of 10 people).
C.
Short-term rentals may only be available to rent for a minimum of
two consecutive days and a maximum of up to seven consecutive days.
D.
The owner shall limit the number of all vehicles of overnight occupants
to the number designated in the short-term rental application, with
the number of all vehicles not to exceed the number of designated
on-site parking spaces.
(1)
The number and location of all parking for overnight occupants
shall be designated on the permit and shall be located on the owner's
property and not in any private, community or public right-of-way.
(a)
If no on-site parking is available, occupants or guests are
permitted to use any lawful on-street parking.
(2)
All parking spaces shall be improved to a mud-free condition
with paving, stone or similar material approved by the Borough.
(3)
Under no circumstances are occupants permitted to park within
the alleyways of the Borough.
E.
The owner shall use best effort to ensure the occupants or guests
of the short-term rental do not create unreasonable noise or disturbances,
engage in disorderly conduct, or violate provisions of this Part or
other ordinances of the Borough. The owner shall notify occupants
and guests of rules/laws regarding short-term rentals and respond
when notified those occupants and/or guests are violating such rules/laws.
It is not intended for the owners or contact person to act as an enforcement
officer or place himself or herself in harm's way.
(1)
The owner or contact person shall, upon notification that the
occupants or guests of the short-term rental have created unreasonable
noise or disturbances, engaged in disorderly conduct or violated provisions
of this Part or other Borough ordinances or state laws pertaining
to noise or disorderly conduct, promptly use best efforts to prevent
a recurrence of such conduct by those occupants or guests and/or future
occupants or guests.
F.
Occupancy of recreational vehicles, camper trailers, tents and other
similar items shall not be allowed.
G.
The use of any open fires, firepits, charcoal-burning grills, or
other devices shall be the responsibility of the owner or contact
person and shall comply with all Borough, county and state laws. All
open fires shall be extinguished by 12:00 midnight.
H.
All short-term rentals shall comply with all applicable building
codes and shall have the requisite number of functioning smoke and/or
fire detectors, fire extinguishers, carbon monoxide monitors and other
safety devices required under the applicable code.
I.
Marketing standards. All short-term rentals shall comply with the
following marketing standards:
(1)
Advertising or marketing the occupancy of a short-term rental
for a number of occupants which exceeds the occupancy requirements
permitted by this Part.
(2)
Advertising or marketing the occupancy of a short-term rental
prior to obtaining a short-term rental permit.
(3)
Advertising or marketing the occupancy of a short-term rental
without providing parking information.
(4)
Short-term rentals must be listed and/or advertised through
a third-party entity (i.e., Airbnb, Vrbo®, etc., but not Facebook Marketplace, Craigslist, etc.).
J.
Each short-term rental shall have a clearly visible and legible notice
posted within the unit on or adjacent to the front door, containing
the following information:
(1)
The name of the contact person and a telephone number at which
that party may be reached on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the short-term
rental dwelling unit and maximum number of day guests permitted at
one time.
(4)
The maximum number of vehicles allowed to be parked on the property
and the requirement that all renter/guest parking must be on the property
and not in any private, community, or public right-of-way.
(5)
Notice that trash and refuse shall not be left or stored on
the exterior of the short-term rental; and directions for the proper
disposal of trash and refuse.
(6)
Notice that the occupant may be cited and fined for creating
a disturbance or for violating other provisions of this Part.
K.
Each of these standards is a condition of any permit issued pursuant
to this Part, and failure to comply may result in revocation of the
permit.
1.
Upon learning of a violation of this Part upon the premises of a short-term rental, the Code Official/Zoning Officer may file a civil enforcement action with the Magisterial District Judge and/or issue a notice of violation pursuant to § 11-513 to the violator, and if the violator is an occupant, to the owner.
2.
Complaints concerning conduct by occupants and/or guests of short-term
rentals received by the Borough and/or Code Official/Zoning Officer
shall be promptly investigated by the Code Official/Zoning Officer.
A.
If the complaint can be substantiated, the Code Official/Zoning Officer
may issue a notice of violation.
3.
Complaints concerning conduct by occupants and/or guests of short-term
rentals received by the Borough of Homestead Police Department shall
be handled according to the policies and procedures of the Borough
of Homestead Police Department in conjunction with all applicable
local, state and federal laws.
A.
If the complaint can be substantiated, the responding officer shall
perform all duties required of him or her in enforcing the law, including
issuing any citations or making arrests for any such unlawful conduct.
B.
If the complaint is substantiated, regardless if any action is taken
by a responding officer, the responding officer shall forward the
report to the Code Official/Zoning Officer of the substantiated complaint.
If the complaint can be substantiated, the Code Official/Zoning Officer
may issue a notice of violation. A citation or other applicable charges
filed against an owner, occupant or guest by a responding officer
shall not prohibit enforcement of this Part.
1.
Contents of notice. The notice of violation shall contain at least
the following information:
A.
The name of the property owner and/or person the Code Official/Zoning
Officer is intending to take action against.
B.
The address of the property involved.
C.
A citation to the specific section of this Part and a description
of the conditions that constitute the violation.
D.
What actions are required to abate and/or otherwise correct the violation
and the time period within which the condition must be abated. In
certain cases, immediate correction may be required, if the offense
is not of an ongoing nature (i.e., substantiated noise complaint).
E.
The potential penalties if not abated.
2.
The notice may be served upon the owner and/or contact person by
regular U.S. Mail, personal service, and/or posting of the property.
1.
Filing an appeal. Appeals from an action under this Part to deny
any application for, or to renew, a short-term rental permit, or revocation
of such a short-term rental permit, shall be filed with the Borough
Manager within 30 days of the date of the denial of application or
revocation of permit.
A.
Appeals shall be in writing and signed by the appellant on form prescribed
by the Borough, and shall be accompanied by a fee, the amount of which
shall be established by resolution of Council, which may include notice
and advertising costs, and necessary administrative overhead in relation
to the hearing.
B.
Each appeal shall fully set forth the determination appealed from,
a detailed reason or basis for the appeal, the relevant sections of
this Part, and the relief sought.
2.
Hearing. Borough Council shall conduct hearings and make decisions
pursuant to the Act of December 2, 1968, known as the "Local Agency
Law,"[1] and in accordance with the following provisions:
A.
Written notice shall be given to the appellant and any person who
has made a timely request for the same. Written notice shall be given
not less than seven days prior to the hearing.
B.
The hearing shall be held within 60 days of from the date the appeal
is filed, unless the appellant agrees in writing to extend said time.
C.
The hearing shall be conducted by Borough Council. The decision or,
where no decision is called for, the findings shall be rendered by
the Council within 45 days after the conclusion of the hearing, unless
the appellant has agreed in writing to an extension of time, and shall
be communicated to the appellant and any other parties whose appearances
have been entered and requested copies.
D.
The President of Council, or his designee, shall have the power to
administer oaths and issue subpoenas to compel the attendance of witness
and the production of documents and papers, including witnesses and
documents requested by parties.
E.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross examine adverse witness on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
G.
Council shall not be required to, but may, make a stenographic record
of the proceedings. In the event a stenographic record of the proceedings
is not provided by Council, a stenographic record shall be made and
kept at the request of any party agreeing to pay the costs thereof.
Any party or other person desiring a copy of the stenographic record
shall order the copy directly from the stenographer who prepared the
same and shall pay the cost imposed by the stenographer for the copy
directly to the stenographer.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
3.
Stay. Appeals concerning revocation of a permit or denial of a renewal
application shall act as a stay of enforcement until the matter is
heard and decided by Council.
1.
Failure to comply with any provisions of this Part, and/or failure
to comply with an order to abate and/or correct a violation of this
Part, shall be a violation of this Part may subject the owner to civil
prosecution and the revocation of any short-term rental permit previously
issued.
2.
Any person who has violated or permitted the violation of any provision
of this Part shall, upon determination of violation by a Judge of
Court of Common Pleas of Allegheny County or a Magisterial District
Judge, be sentenced to pay a fine of not more than $1,000 but not
less than $500 per day per violation, together with costs, including
reasonable attorney fees. Each day of a violation shall constitute
a separate offense for which additional penalties may be sought.
3.
The Borough reserves the right to avail itself to other forms of
appropriate legal and/or equitable remedies, including injunctive
relief, for violations of this Part.
4.
If an owner is convicted of three violations which occurred in any
rolling twelve-calendar-month period, then the license shall be revoked
by the Borough for a period of one year and the short-term rental
must be discontinued for that time.
The terms of this Part shall apply retroactively to all short-term
rental facilities currently operating a well as prospectively.
The terms, provisions and applications of this Part are severable.
If any provision of this Part or application thereof to any person
or circumstance is held invalid, such holding shall not affect the
remaining provisions of applications of this Part. The remaining provisions
and/or applications of this Part shall remain in full force and effect
without the invalid provision or application.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
This Part shall become effective immediately upon approval of
Council.
