[HISTORY: Adopted by the Common Council of the City of Muskego 4-12-2022 by Ord. No. 1470. Amendments noted where applicable.]
The purposes of this chapter are to ensure that the quality
of short-term rentals operating within the City is adequate for protecting
public health, safety and general welfare, including establishing
minimum standards of space for human occupancy and parking and for
an adequate level of maintenance; determine the responsibilities of
owners and property managers operating or managing these rental properties
for tourists or transient occupants, including, but not limited to,
the responsibility to expeditiously and personally respond to, stop,
mitigate, or prevent the reoccurrence of unreasonable activities on,
or conditions, uses or misuses of, these rental properties which adversely
impact or substantially annoy, disturb, threaten, harm, offend or
interfere with the residential uses, nature or values of other properties
in the neighborhoods in which these rental properties operate, or
with the comfort, health, enjoyment, security, life, health, or safety
of others, or which substantially interfere with, obstruct, or tend
to obstruct or render dangerous for passage any lane, street, road,
bridge or other public or private way used by emergency vehicles or
protective service personnel to gain access to property or a navigable
body of water to provide services, (i.e., public nuisances); protect
the character and stability of all areas, especially residential areas,
within the City of Muskego; provide minimum standards necessary for
the health and safety of persons occupying or using buildings, structures
or premises; require the provision of liability insurance in connection
with the operation of short-term rentals so that persons on these
properties, and the owners and occupants of adjacent properties, who
suffer bodily injury or property damage arising from the condition
or operation of the short-term rental, or from acts or omissions occurring
thereon, are afforded a potential source of recovery to pay such damage
claims; and provide for the administration and enforcement hereof.
As used in this chapter, the following terms shall have the
meanings indicated:
The City Clerk of the City of Muskego or designee.
One or more rooms designed, occupied, used, or intended to
be occupied or used as separate living quarters, with a food preparation
area and sleeping and sanitary facilities provided within such room(s).
Dwelling units include residential, tourist room house, and seasonal
employee housing.
A corporation, investment company, limited partnership, limited-liability
partnership, limited-liability company, cooperative association, unincorporated
cooperative association, common law trust, or any other group or organization
licensed to do business in this state.
The official record provided and kept by a property owner
in which short-term rental guests are required to list their true
names and addresses before being assigned sleeping quarters, pursuant
to Wis. Adm. Code § ATCP 72.16.
The short-term rental license issued under § 297-4.
The period from January 1 of each year to December 31 of
the same year.
Any person over one year of age living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit.
An individual, group of individuals, or an entity.
The owner of a short-term rental.
Any license issued under this Chapter 297 which will be or is in effect for the license year immediately following a license year for which the City Clerk issued a license under this chapter for the same short-term rental property.
A residential dwelling that is offered for rent for a fee
and for fewer than 30 consecutive days, as defined in Wis. Stats.
§ 66.0615(1)(dk).
A.
No person may maintain, manage or operate a short-term rental more
than 10 nights each license year without a short-term rental license.
Every short-term rental shall be operated by a property owner.
B.
Each short-term rental property owner is required to have the following
licenses and permits:
C.
Each short-term rental shall comply with all of the following:
(1)
No residential dwelling unit may be rented by more than one person
within each six-day period.
(2)
There shall not be excessive noise, excessive fumes, glare, or vibration,
any nuisance activities, dogs at large, or trespass onto neighboring
properties as prohibited by the City of Muskego Code of Ordinances.
(3)
Name plates or other signage related to the short-term rental property
shall not exceed three square feet. No other signage advertising the
short-term rental is permitted on site.
(4)
The number of occupants in any dwelling unit shall not exceed the
limits set forth in Wis. Adm. Code § ATCP 72.14 for hotels,
motels, and tourist rooming houses.
(5)
No recreational vehicles (RVs), campers, tents or other temporary
lodging arrangements shall be permitted on site as a means of providing
additional accommodations for paying guests or other invitees.
(6)
Sleeping quarters related to a vacation rental establishment use
shall only be located within the principal structure on the lot. Accessory
buildings cannot be used for sleeping quarters.
(7)
Every short-term rental property shall be properly addressed with
numbers on the street side of the structure a minimum of 3 1/2
inches high and of contrasting color so as to be visible from the
street.
(8)
Every short-term rental property must have clearly delineated property
lines by approved fences, vegetation, or other means. Such clear delineation
must be maintained for the duration of the short-term rental permit
to ensure that all users of the property are clearly aware of the
boundaries of the property and confine their use to the applicable
parcel.
(9)
Compliance with all applicable state, county and local codes and
regulations is required.
(10)
The property owner shall be available between the hours of 8:00
a.m. and 11:00 p.m. on those days when the property is rented. The
property owner must notify the City Clerk within three business days
of any change in the property owner's contact information and
submit the revised contact information to the City Clerk within the
same time period.
(11)
The property owner shall have and maintain homeowner's
liability or business liability insurance effective during all short-term
rental periods for the premises that are used for short-term rental
and shall provide written evidence of such insurance with the license
application and renewal application forms. This insurance requirement
may be satisfied through such sources as the property owner may choose,
including, but not limited to, conventional insurance or insurance
offered through a lodging marketplace.
(12)
The property owner of each short-term rental shall provide a
guest register and require all guests to register their true names
and addresses and rental time period(s) before being assigned sleeping
quarters. The guest register shall be kept by the property owner and
available for inspection for at least one year, as required by the
Wisconsin Administrative Code.
(13)
Upon probable cause to believe that a violation of this chapter,
or of a law, code, rule or regulation relating to buildings, housing,
electrical, plumbing, heating, gas, fire, health, safety, environmental
pollution, water quality, food or zoning, has occurred or is occurring,
the City Building Inspector, Planning Manager or designee, or a local
health officer may request that the property owner allow him or her,
upon presenting proper identification, access to the short-term rental
premises at any reasonable time for any of the following purposes:
to determine if there has been a violation of this chapter or of a
law, code, rule or regulation related to the short-term rental or
its operation; to determine compliance with previously written violation
orders; to examine and copy relevant documents and records related
to the operation of the short-term rental; or to obtain photographic
or other evidence needed to enforce this chapter. As used in this
subsection, "probable cause" means facts and circumstances within
an officer's knowledge and of which he or she has reasonably
trustworthy information that are sufficient to warrant a reasonable
officer in believing that a violation has been or is being committed.
If consent is refused, the Building Inspector, Planning Manager or
designee, or health officer may apply for a special inspection warrant
issued under Wis. Stats. § 66.0119, or other warrant, subpoena
or order as may be necessary or appropriate.
The City Clerk shall issue a short-term rental license if an applicant demonstrates compliance with the provisions of Chapter 297 of the City Code. A short-term rental license is issued for one license year and may be renewed annually as provided in § 297-6. The license shall contain the following information:
A.
All applications for a short-term rental license shall be filed with
the City Clerk on forms provided by the Clerk. Applications must be
filed by the property owner. No license shall be issued unless the
completed application form is accompanied by payment of the required
application fee, which fee shall be nonrefundable.
B.
Each application shall include the following information and documentation for each short-term rental unit in order to demonstrate compliance with all requirements of this chapter, including, but not limited to, § 297-8:
(1)
The name of the property owner, with contact information, including
mailing address and a telephone number at which the property owner
is available. The property owner shall be available between the hours
of 8:00 a.m. and 11:00 p.m. on those days when the property is rented.
(2)
A copy of the State of Wisconsin tourist rooming house license issued
under Wis. Stats. § 97.605; or proof that such state license
has been applied for, in which event a provisional short-term rental
license may be issued under this chapter for a period of 30 days but
shall be conditioned upon the City Clerk's receipt of a copy
of such state license from the applicant within said thirty-day period,
and if a copy of such state license is not received by the Clerk within
said period, then such provisional license shall expire and be void
at and after the end of said thirty-day period.
(3)
A copy of the most recent lodging inspection report for a tourist
rooming house issued by the State of Wisconsin, which should be dated
within one year of the date of the license application to the City.
(4)
Written evidence of liability insurance as required by § 297-3C(11).
(5)
A copy of a current seller's permit issued by the Wisconsin
Department of Revenue, unless all rentals of the property are exempt
from such permit requirement per state regulations.
(6)
A property survey, or other drawing as approved by the City, drawn to scale showing the location of buildings and the on-site, off-street parking area(s) designated for tenants and invitees on the premises. Also include the items identified in § 297-3C(8).
(7)
Provide photos of the exterior of the property, pursuant to the provisions
of this chapter.
(8)
Written certification by the property owner that the short-term rental
meets the requirements of this chapter and applicable state and county
laws, ordinances and regulations.
(9)
An employer identification number issued by the Internal Revenue
Service, if applicable.
(10)
For renewal licenses only, written certification that a guest
register has been kept as required by the Wisconsin Administrative
Code.
C.
Unless earlier revoked, each license shall run from January 1 through
December 31 of the calendar year and may be renewed for additional
one-year periods. The application fee shall be paid upon filing of
the application. Any application that does not include all of the
information and supporting documentation required by this chapter
shall not be considered as complete.
D.
When the City Clerk determines that an application is complete and
meets the requirements of this chapter, the Clerk shall approve the
application and issue a short-term rental license (or, if applicable,
a provisional short-term rental license) to the applicant. If the
Clerk determines that the application is incomplete or does not meet
the requirements of this chapter, the Clerk shall deny the application
and inform the applicant, in writing, of the reason(s) why the application
was denied and what action is needed to obtain approval of the application.
E.
No short-term rental license (or, if applicable, a provisional short-term
rental license) shall be issued or renewed if the applicant or short-term
rental property has outstanding fees, taxes, special charges or forfeitures
owed to the City.
A.
Each application for renewal of a short-term rental license shall include updated information for the documentation on file with the City Clerk and payment of the renewal fee. A renewal application must be filed with, and a nonrefundable renewal fee must be paid to, the Clerk at least 60 days' prior to the license expiration date to allow the City Clerk adequate time to review the application. The Clerk shall determine whether the information provided in the renewal application is complete and meets the requirements of this chapter. The Clerk may also request reports from the City Building Inspector, the Muskego Police Department or other law enforcement agencies regarding any enforcement actions taken with respect to the short-term rental properties and operations, and their owners, tenants, occupants or visitors. The Clerk shall review the renewal application and may approve or deny the application after taking into consideration the number, frequency and/or severity of law violations relating to the short-term rental property and operations, and its owner(s), tenant(s), occupant(s) or visitor(s), and whether such violations substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. If after such consideration the Clerk determines not to renew the license, the Clerk shall notify the applicant, in writing, of the reason(s) for such decision and the applicant's right to appeal the decision to the Finance Committee as provided in § 297-9.
B.
No license shall be renewed if the short-term rental property is
under an order issued by the Building Inspector, Planning Manager
or designee, or a local health officer, or his or her designee, to
bring the premises into compliance with state, county or local laws,
codes, rules or regulations.
Each short-term rental shall comply with this chapter's
requirements and any other applicable state, county or local laws,
codes, rules or regulations. Each short-term rental shall comply with
the following standards:
A.
The number of occupants may not be more than allowed under Wis. Adm.
Code Ch. ATCP 72 or any other state regulation, state statute, or
local ordinance.
B.
A minimum of one off-street parking stall shall be provided for every
occupant bedroom with a minimum of three. All parking areas shall
meet the size and location requirements of the City Code and shall
be hard surfaced and maintained in a reasonably dustless condition.
No trailers of any kind shall be parked on the street.
C.
The short-term rental premises shall have functioning smoke detectors
and carbon monoxide detectors pursuant to the requirements of Wis.
Adm. Code Ch. SPS 321.
D.
Certification of compliance. As a condition of issuance of a license under Chapter 297 of the City Code, the property owner shall certify, in writing, in each initial application and renewal application form that the short-term term rental property is in compliance with the terms and conditions of the license and this chapter.
Each license shall be displayed on the inside of the main entrance
door of each short-term rental.
A.
The City Clerk's decision to deny an initial short-term rental license or to deny renewal of a short-term rental license shall specify the reason(s) for such denial in writing. Prior to the time for the renewal of the license, the City Clerk shall notify the licensee, in writing, of the City's intention not to renew the license and notify the licensee of his or her right to an appeal hearing as provided in § 297-9B.
B.
The City Clerk's decision to deny an initial license or to deny
renewal of a license may be appealed to the Finance Committee by filing
a written appeal with the Clerk within 21 calendar days (excluding
legal holidays) after the date of mailing of the written notice of
the City Clerk's decision denying such license or renewal license.
The Finance Committee shall conduct a due process hearing and issue
a written decision on the appeal within 30 calendar days of the City's
receipt of the written appeal or the license shall be deemed granted.
If the appellant appears at the hearing, he or she may produce and
cross-examine witnesses, present relevant evidence, and be represented
by counsel of his or her choosing, at his or her expense. If the Finance
Committee finds the City Clerk's reason(s) for his or her decision
sufficient, the decision shall be affirmed. If the Finance Committee
finds the City Clerk's reason(s) for his or her decision insufficient,
the decision shall be reversed and the license shall be granted and
issued. If the appellant does not appear at the hearing and the Finance
Committee finds the City Clerk's reason(s) for his or her decision
sufficient, the decision shall be affirmed. The Finance Committee's
written decision on the appeal must specify the reason(s) for its
determination. The City Clerk shall give written notice of the Finance
Committee's decision to the applicant or licensee.
C.
A license may be revoked by the Finance Committee during the term
of a license year and following a due process hearing for one or more
of the following reasons:
(1)
Failure by the licensee to make payment of delinquent fees, taxes,
special charges, forfeitures or other debt owed to the City.
(2)
Failure to maintain all required local, county and state licensing
requirements.
(3)
Three or more police officer verified violations in a twelve-month
period for nuisance activities or other law violations as prohibited
by the Muskego Code of Ordinances. Lake violations that result from
use of the property owner's watercraft shall also qualify for
revocation under this section.
(4)
Three or more issued citations related to building inspection or
the Health Department in a twelve-month period.
(5)
Failure to comply with applicable building inspection requirements.
(6)
Any violation of local, county, or state laws or regulations which,
based upon their number, frequency and/or severity, and their relation
to the short-term rental property, its owner(s), tenant(s), occupant(s)
or visitor(s), substantially harm or adversely impact the predominantly
residential uses and nature of the surrounding neighborhood.
D.
Revocation. Upon receipt of a written complaint alleging grounds for revocation of a short-term rental license as set forth in § 297-9C, the Clerk shall forward the complaint to the Finance Committee who shall review the same. If a determination is made by the Finance Committee that a revocation hearing is warranted, it shall notify the licensee of the complaint by certified mail, return receipt requested, and provide the licensee with a copy of the complaint. The notice shall direct the licensee to appear before the Finance Committee on a day at a time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice, and show cause why his or her license should not be revoked. The hearing shall be conducted as provided in § 297-9B. If a license is revoked, the City Clerk shall give notice of revocation to the licensee by certified mail, return receipt requested. No part of the fee paid for any license so revoked may be refunded.
E.
Judicial review. The action of the Finance Committee in refusing
to grant or renew, or revoking, a license under this chapter may be
reviewed by the Waukesha County Circuit Court upon appeal by the licensee.
Such appeal shall be filed within 30 days of the date of mailing by
the City Clerk of the notice of the Finance Committee's action
of refusing to grant or renew, or revoking, a license. The procedure
on review shall be the same as in civil actions commenced in the Circuit
Court pursuant to Wis. Stats. Chs. 801 to 807.
A.
Any person who violates any provision of this chapter shall be subject,
upon conviction thereof, to a forfeiture of not less than $200 nor
more than $1,000 for each offense, together with the costs of prosecution.
Each violation and each day a violation occurs or continues to exist
shall constitute a separate offense.
B.
The penalties set forth in this section shall be addition to all
other remedies of injunction, abatement or costs, whether existing
under this chapter or otherwise.
Any person applying for an initial short-term rental license
or renewing a license pursuant to this chapter shall be subject to
the fees as established by resolution of the Common Council.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of any other provisions of this chapter.
