[HISTORY: Adopted by the Mayor and Council
of the City of College Park 7-26-1966 by Ord. No. 66-O-9. Amendments noted where
applicable.]
[Amended 10-23-1984 by Ord. No. 84-O-10; 11-7-2023 by Ord. No. 23-O-09]
There are numerous housing units within the City of College
Park which are rented, leased or otherwise let to persons other than
the owners thereof; and there are numerous nonresidential (commercial
and industrial) units within the City of College Park. The Mayor and
City Council have the gravest responsibility for the protection of
the health, safety, and welfare of all of the residents of said City
and for those of visitors and transients seeking accommodations therein.
The Mayor and City Council have adopted a Housing Code and a Nonresidential
Property Maintenance Code[1] for the protection of the residents of and visitors to
the City and those persons seeking accommodations therein. It is declared
to be the policy and intent of the Mayor and City Council that all
rental dwelling units, short-term rental units, rooming house units
and hotel, motel and tourist units and nonresidential premises shall
be licensed and regulated in such a manner as to ensure the protection
of the health, welfare, and safety of those persons residing or visiting
therein and, further, that said licensing and regulations shall be
undertaken in the manner required by this chapter.
A.
BOOKING SERVICE
DWELLING UNIT
HOST
HOSTING PLATFORM ("PLATFORM")
HOTEL, MOTEL or TOURIST FACILITY
NONRESIDENTIAL PREMISES
NUISANCE
(1)
(2)
(3)
(4)
(5)
OWNER or PROPERTY OWNER
OWNER-OCCUPIED
PERMANENT RESIDENT
ROOMING UNIT or ROOMING HOUSE UNIT
SHORT-TERM RENTAL
SHORT-TERM RENTAL GUEST
SHORT-TERM RENTAL PROVIDER
SINGLE-FAMILY RENTAL UNIT
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A reservation and/or payment service provided by a person
or entity that facilitates a short-term rental transaction between
a host and a prospective short-term rental guest for which the person
or entity collects fees in connection with the reservation or facilitates
payment services between the host and guest.
[Added 11-7-2023 by Ord.
No. 23-O-09]
Any room or group of rooms located within a structure and
forming a single habitable unit, with facilities which are used or
intended to be used for living, sleeping, cooking and eating purposes
and rented, leased or otherwise let to three or more persons other
than the owner thereof and members of his/her immediate family.
[Amended 6-8-2010 by Ord. No. 10-O-05]
A legal owner of a residential dwelling unit who provides
or offers to provide all or part of a residential dwelling unit for
short-term rental and has obtained a short-term rental license from
the City. The host must provide proof of ownership and a copy of the
homestead tax credit filing for the dwelling unit.
[Added 11-7-2023 by Ord.
No. 23-O-09]
A person or entity that facilitates a short-term rental by
providing booking services through which a licensed host may lawfully
provide a residential dwelling unit for short-term rental use.
[Added 11-7-2023 by Ord.
No. 23-O-09]
Any structure containing rooming house or dwelling units
to be used for sleeping and/or living facilities for transient persons
and rented, leased or otherwise let for purposes other than that of
permanent residence.
[Amended 5-23-2000 by Ord. No. 00-O-7]
Any structure or portion of a structure or unit used, whether
or not for profit, for any type of commercial activity, industrial
activity, commerce or trade, professional or office activity, manufacturing
or repairing of any item or thing or the storage of any part or thing
used or to be used in any of the activities described above.
[Added 10-23-1984 by Ord. No. 84-O-10; amended 6-8-2010 by Ord. No. 10-O-05]
An act or condition knowingly created, performed, or maintained
on private property that constitutes a City Code violation and that:
[Added 11-7-2023 by Ord.
No. 23-O-09]
Significantly affects other residents of the neighborhood;
Is injurious to public health, safety, or welfare of neighboring
residents;
Obstructs the reasonable use of other property in the neighborhood;
Is occuring on a property where the tenant, owner, or other
occupant has been convicted of violations of § 10-201 or
§ 10-202 of the Criminal Law Article, Annotated Code of
Maryland, for conduct occurring on, in, or in relation to the property;
or
A property to which city code enforcement, police or other law
enforcement agencies have responded to complaints or calls for service
three or more times within any twelve-month period.
The owner of legal or equitable title to any real property
or the agent of such owner, including but not limited to any person
who signs a housing disclosure form with respect to any residential
dwelling unit or any person with actual or apparent authority to act
on behalf of the owner of legal or equitable title to the property.
[Added 10-12-1999 by Ord. No. 99-O-10]
The host and legal owner of a residential dwelling unit who
is present during the entire time of the short-term rental. Owner-occupied
short-term rentals shall not be utilized by a short-term rental guest
for more than 180 days per calendar year.
[Added 11-7-2023 by Ord.
No. 23-O-09]
An individual who is domiciled in the City of College Park,
maintains a place of abode in the City of College Park for 180 or
more days during the year and is the individual who owns the property
and obtains the homestead tax credit at that address. For purposes
of this chapter, a host may have only one permanent address, which
is the address the host uses to obtain the homestead credit.
[Added 11-7-2023 by Ord.
No. 23-O-09]
Any room or group of rooms located within a structure and
forming a single habitable unit used or intended to be used for sleeping
and living but not for cooking and eating purposes and located in
a structure or building wherein said unit or units are rented, leased
or otherwise let to three or more persons other than the owner thereof
and members of his/her immediate family.
[Amended 5-23-2000 by Ord. No. 00-O-7]
A residential dwelling unit occupied by one or more short-term
rental guests, other than a permanent occupant, for fewer than 31
consecutive days and no more than 90 days per calendar year, where
a host receives monetary compensation for such occupancy, if the owner
is not present during the rental. A short-term rental may be occupied
by a short-term rental guest for no more than 180 days per calendar
year, if the host is present during the short-term rental. A short-term
rental provider shall not combine time limits for short-term rentals.
The maximum allowable days for a short-term rental are 180 calendar
days, provided all requirements are met for that time frame. A short-term
rental is a tourist home that is an accessory use to a dwelling, but
does not include a hotel, motel, inn, boardinghouse, group residential
facility, and fraternity or sorority house.
[Added 11-7-2023 by Ord.
No. 23-O-09]
A transient who occupies, or has the right to occupy, a lawfully
licensed short-term rental for a period of 30 days or less during
any one continuous stay. This does not include a hotel, motel, inn,
boarding house, group residential facility, fraternity or sorority
house.
[Added 11-7-2023 by Ord.
No. 23-O-09]
A licensed host who lawfully offers for rent a short-term
residential rental and does not include a hotel, motel, inn, boarding
house, group residential facility, and fraternity or sorority house.
[Added 11-7-2023 by Ord.
No. 23-O-09]
Any single-family dwelling occupied by a person or persons
under a written or oral arrangement who are not the owners of the
single-family dwelling.
[Added 11-10-2003 by Ord. No. 03-O-9]
B.
Meaning of certain words. Whenever the words "dwelling
unit," "rooming unit," "rooming house unit," "premises" "hotel, motel
or tourist facility" and "nonresidential premises" are used in this
chapter, they are construed as though they were followed by the words
"or any part thereof."
[Amended 5-23-2000 by Ord. No. 00-O-7]
A.
Residential. Before the owner or agent thereof of any dwelling unit,
short-term rental unit, boarding house or boarding house unit or hotel,
motel or tourist facility within the confines of the City of College
Park shall rent, lease or otherwise let said unit and permit it to
be occupied by any person or persons other than the owner and members
of the owner's immediate family, the owner shall secure from
the City an occupancy permit.
[Amended 6-8-2010 by Ord. No. 10-O-05; 10-11-2011 by Ord. No. 11-O-14; 11-7-2023 by Ord. No. 23-O-09]
(1)
Said occupancy permit shall contain the following: the name, address,
telephone number and email address of the owner of said unit. Said
occupancy permit shall also specify the exact location of the structure
in which said unit is located.
(2)
An application for a short-term rental license or a license renewal
must be signed by the applicant and include the state sales tax and
use registration number. The applicant must certify, attest and ensure:
(a)
Liability insurance applicable to the property of at least $1,000,000.
The owner/host may utilize a platform's liability insurance if
the coverage is at least $1,000,000 and is approved by the department
of public services.
(b)
That each short-term rental unit has a working smoke detector
and carbon monoxide detector in every bedroom, sleeping area and on
all habitable floors;
(c)
That each short-term rental unit has properly maintained, serviced,
and charged fire extinguishers mounted in every bedroom, sleeping
area and on all habitable floors in compliance with the Prince George's
Fire Safety Code;
(d)
That each short-term rental has a posting of the owner's
emergency contact information on the interior of the rental, a floor
plan that indicates fire exits and escape routes that is conspicuously
placed on the interior portion of the main entrance and in each room
where there are sleeping quarters in the short-term rental;
(e)
That photos are submitted as proof of the conspicuously placed
posting of the emergency contact information on the interior of the
rental, and the floor plan that indicates fire exits and escape routes,
to the Department of Public Services;
(f)
That the short-term rental is in compliance with all applicable laws and codes including but not limited to this section, Chapter 125 of the City Code, and all applicable property maintenance, electrical, plumbing and building codes;
(g)
Compliance with the requirements of homeowner associations,
condominium associations, common ownership communities, and cooperatives
where the short-term rental is located;
(h)
That the short-term rental has provided at least one off-street
parking space for every up to three overnight guests;
(i)
That the host's intent to apply for the short-term rental
license has been provided to the following: residents in and owners
of real property located within 300 feet of the property to be licensed,
and neighborhood associations, homeowner associations, condominium
associations, common ownership communities, and cooperatives where
the short-term rental is located. The Department of Public Services
shall provide the approved notification letter for short-term license
applicants;
(j)
That the short-term rental is the permanent residence of the
host;
(k)
That the short-term rental has two outdoor trash and one recycling
receptacles with tight-fitting lids;
(l)
The ownership of the short-term rental property together with
a copy of the homestead tax credit filing in the owner's name;
(m)
That the property has no outstanding taxes or liens and the
property has no code violations;
(o)
Accurate and current information of an individual who will serve
as the emergency contact, other than the host, who resides within
15 miles of the city. The emergency contact is responsible for responding
to the short-term rental for any issues that require immediate attention.
This information shall be provided on the application. The contact
information shall include the following:
(p)
That the host will provide, within five business days, updates
to the contact information immediately or risk having the license
revoked or denied;
(q)
That the host will provide a list of all the licensed platforms
the applicant intends to utilize;
(r)
That the rules, as approved by the Department of Public Services
per this chapter regarding short-term rental guests, are posted on
or by the main entrance used by the transients.
(3)
A renewal application shall include a copy of the short-term rental
guest log required by this section.
(4)
No license for a short-term rental shall be issued to a host until
the application has been successfully and satisfactorily completed
and the required fee paid. All documentation shall be submitted and
all requirements shall be adhered to prior to a determination being
made about the issuance of a short-term license to the applicant.
(5)
The department may require evidence of any of the above requirements
in any form or manner it directs.
(6)
All occupancy permits shall be issued to the owner for the structure
containing said unit or units and shall be valid for a period of one
year.
B.
Nonresidential. Each tenant or occupant that is required
to obtain a Prince George's County use and occupancy permit for use
of a nonresidential premise or unit shall secure from the City a nonresidential
occupancy permit, which shall be valid for a period of one year.
[Added 10-23-1984 by Ord. No. 84-O-10; amended 6-8-2010 by Ord. No. 10-O-05]
C.
Occupancy prohibited without valid occupancy permit.
[Added 8-12-1997 by Ord. No. 97-O-12]
(1)
The owner of a dwelling or nonresidential unit for which an occupancy permit is required by the terms of Subsection A or B of this section shall cause said unit to be vacated within 24 hours of the occurrence of the earlier of the following:
[Amended 11-10-2003 by Ord. No. 03-O-9]
(a)
The expiration of any lease which continues
to be in effect after the occurrence of an event which leaves such
dwelling unit without a valid occupancy permit; or
(b)
Thirty days after the first day of the month
following an event which leaves such unit without a valid occupancy
permit.
[Amended 11-7-2023 by Ord. No. 23-O-09]
(2)
Said owner shall prevent said unit from being further
occupied until a valid occupancy permit is issued by the City for
the unit.
D.
The owner of a dwelling unit for which an occupancy permit is required by the terms of Subsection A of this section shall obtain the signature of the occupant of such unit on a written statement acknowledging and agreeing to be bound by the provisions of Subsection C hereinabove and to vacate the unit within the time prescribed therein upon the occurrence of an event described in Subsection C(1)(a) or (b) hereof.
[Added 8-12-1997 by Ord. No. 97-O-12; amended 11-7-2023 by Ord. No. 23-O-09]
E.
Placards. Any dwelling, short-term rental unit, boardinghouse
or boardinghouse unit, hotel, motel or tourist facility or nonresidential
premises which does not have a required occupancy permit may be placarded
by the Public Services Department. No person shall deface or remove
the placard from any such premises.
[Added 5-23-2000 by Ord. No. 00-O-7;
amended 11-7-2023 by Ord. No. 23-O-09]
F.
An occupancy permit issued pursuant to this section
is not transferable by the permit holder to another person or entity.
[Added 11-10-2003 by Ord. No. 03-O-9; amended 6-8-2010 by Ord. No. 10-O-05]
A.
Before the Public Services Department shall issue
an occupancy permit, the following criteria shall have been met:
[Amended 10-23-1984 by Ord. No. 84-O-10; 9-10-1991 by Ord. No. 91-O-22]
(1)
The Public Services Director shall indicate that,
to the City's knowledge, said unit complies with all of the applicable
laws and ordinances of the State of Maryland, Prince George's County
and the City of College Park.
[Amended 6-8-2010 by Ord. No. 10-O-05]
(2)
The applicant shall remit the required fees as set forth in § 144-6 hereinbelow.
[Amended 6-8-2010 by Ord. No. 10-O-05]
(3)
The owner applying for an occupancy permit shall designate
an agent, be it the owner or another individual or entity, with an
address in the State of Maryland for service of any notices by the
City concerning the property. Any change in the designation of agent
or address must be provided to the City within 10 days of its occurrence.
[Added 11-10-2003 by Ord. No. 03-O-9]
B.
The initial permit period shall be one year from issuance
of the permit and shall be noted on the permit. All occupancy permits
shall be renewable annually upon application and compliance with the
provisions of this chapter. The renewal permit period shall be one
year from the expiration of the prior permit period, regardless of
actual issuance date, and shall be noted on the permit.
[Amended 6-8-2010 by Ord. No. 10-O-05; 10-11-2011 by Ord. No. 11-O-14]
C.
An occupancy permit shall be void as of the date of occupancy of the dwelling unit by persons other than the property owner or members of the property owner's immediate family if the property owner fails, prior to such occupancy, to make the attestation required by § 144-5B of this chapter, certifying that the disclosures and other dissemination of information to the occupants of such property required by this chapter have been made.
[Added 10-12-1999 by Ord. No. 99-O-10]
D.
The Public Services Department shall not issue or
renew an occupancy permit for any residential rental property unless
and until the owner has certified under penalty of perjury, on a form
provided by the City, the following
[Added 6-14-2005 by Ord. No. 05-O-7]
(1)
That the property is not an affected property as defined
in § 6-801(b) of the Environment Article, Annotated Code
of Maryland; or
(2)
That the property is an affected property, and that
the owner has registered as required under § 6-811 of the
Environment Article, Annotated Code of Maryland, and/or renewed the
registration as required by § 6-812 of said Article; and
(a)
The inspection certificate number for the inspection
conducted for the current tenancy as required under § 6-815(c)
of said Article, if the current tenant moved into the property on
or after February 24, 1996; or
(b)
On or after February 24, 2006, the inspection
certificate number for the inspection conducted for the current tenancy
as required under §§ 6-815(c), 6-817(b) and 6-819(e)
of said Article.
[Added 11-10-1987 by Ord. No. 87-O-7]
A.
Every holder or applicant for an occupancy permit
under this chapter who rents any residential property or unit for
which a permit is needed shall provide the following disclosures to
his or her tenants, renters or occupants as a condition to the renewal
or issuance of the occupancy permit:
[Amended 5-10-1994 by Ord. No. 94-O-4; 9-10-1991 by Ord. No. 91-O-22; 6-8-2010 by Ord. No.
10-O-05]
(1)
A disclosure prohibiting any tenant, occupant, visitor or guest from making or generating any loud and raucous sound so as to cause unreasonable annoyances or disturbances to others living or located nearby, as set forth in Chapter 138, Noise, of the Code of College Park.
(2)
A disclosure enumerating the number of unrelated or related persons who are legally authorized to occupy the premises and prohibiting additional permanent occupants, as provided by Chapter 125, Housing Regulations, of the Code of College Park or the Maryland-Washington Regional Zoning Ordinance in Prince George's County.
(3)
A disclosure requiring any tenant, occupant, visitor or guest to dispose of all rubbish and garbage in a clean and sanitary manner, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(4)
A disclosure recognizing the owner's and the occupant's collateral responsibility for maintaining clean grounds and premises, free of litter, as required by Chapter 132, Litter and Graffiti, of the Code of College Park.
(5)
A disclosure prohibiting any tenant, occupant, visitor or guest from parking any vehicle with four or more wheels or a self-propelled vehicle with three or more wheels on the grass or lawn of the rental premises or property unless the surface is constructed of either concrete, asphalt, gravel or a similar dust- and mud-free surface, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(6)
A disclosure expressly stipulating that the owner will deliver the leased premises in a clean, safe and sanitary condition, as required by Chapter 125, Housing Regulations, of the Code of College Park and in compliance with all applicable laws.
(7)
A disclosure expressly recognizing the owner's duty to provide or make available heat, water and hot water to the occupants and to maintain the premises in a habitable condition, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(8)
A disclosure recognizing the availability of the Community
Mediation Center to address, through mediation, any housing dispute
or problem that might arise between the parties.
(9)
A disclosure wherein the owner acknowledges having
given the occupants or tenants both a fully executed copy of any written
housing agreement and a housing rights and responsibilities publication
produced and made available through the City.
B.
A property owner shall make the disclosures required by Subsection A of this section by delivering to the occupants a fair summary of the provisions identified in Subsection A of this section, in a form to be prescribed by the Department of Public Services prior to occupancy. The property owner shall attest that he or she has delivered a fair summary of the provisions identified in Subsection A of this section, in the form prescribed by the Department of Public Services, to the occupants of the dwelling unit in question at the beginning of the occupancy term, by signing a statement to this effect, under oath, on the occupancy permit for the dwelling unit. In addition to constituting a cause for revocation under the provisions of § 144-7, a false oath shall be punishable as a municipal infraction under the provisions of Article 23A, § 3(b)(2) of the Annotated Code of Maryland, subjecting the violator to the penalty as set forth in Chapter 110, Fees and Penalties.
[Amended 1-10-1989 by Ord. No. 88-O-6; 5-14-1991 by Ord. No. 91-O-7; 12-10-1991 by Ord. No. 91-O-24; 5-10-1994 by Ord. No. 94-O-4; 10-12-1999 by Ord. No.
99-O-10]
C.
A property owner shall not be obligated to provide
additional copies of the fair summary to which Section B of this section
refers at the beginning of a renewal term of occupancy by the same
occupants who occupied the dwelling unit in the immediately preceding
term, provided that such occupants previously received the fair summary,
except that a property owner shall be obligated to provide such tenants
with additional copies of the fair summary if:
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10]
(1)
Any tenant requests an additional copy thereof; or
(2)
There have been intervening changes to the form of
fair summary prescribed by the Department of Public Services. The
landlord shall be responsible for verifying at the beginning of any
renewal occupancy term that there have been no such intervening changes.
D.
The occupancy permit shall contain the agreement of
the property owner to disclose, within 24 hours of the City's request,
for code enforcement or other necessary public purposes, the identity
of any occupants of the dwelling unit which is the subject of the
occupancy permit and shall also contain the property owner's acknowledgment
that the occupancy permit is issued in consideration of said agreement
and may be revoked for breach of that agreement, which breach shall
also constitute a municipal infraction.
[Amended 10-12-1999 by Ord. No. 99-O-10]
E.
A property owner shall disclose, within 24 hours of the City's request, pursuant to Subsection G of this section, the identity of all of the occupants of the dwelling unit which is the subject of the occupancy permit. A municipal infraction citation issued for failure to disclose the identity of the occupants of a dwelling unit as required by this subsection shall not be appealable to the Advisory Planning Commission.
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10; 9-24-2002 by Ord. No.
02-O-3]
F.
Each day during which a landlord obligated to make the disclosure required by Subsection E of this section fails to make such disclosure shall constitute a separate violation.
[Added 10-12-1999 by Ord. No. 99-O-10]
G.
The City's Director of Public Services may request
disclosure of the identity of the occupants of a residential dwelling
unit as to which an occupancy permit has been issued whenever its
code enforcement or other public purposes so require, which determination
shall be made in the sole discretion of the City. Said purposes include,
but are not limited to:
[Added 10-12-1999 by Ord. No. 99-O-10]
(1)
Obtaining an administrative search warrant for an
annual inspection of the property or dwelling unit.
(2)
Advising the occupants of the existence of a condition
on the property which violates the City Code.
(3)
Summoning the occupants to appear at a hearing before
the City's Noise Control Board, Advisory Planning Commission or Animal
Control Board.
[Amended 9-24-2002 by Ord. No. 02-O-3]
(4)
Issuing a municipal infraction or other citation for
violation of any provision of the City Code.
(5)
Verifying that the number of occupants does not exceed
the number permitted by law, where the Department of Public Services
has observed conditions which indicate that the property is occupied
by an excessive number of occupants.
H.
A request by the City to a property owner for the names of the occupants of rental unit under Subsection G of this section shall be made in writing and shall be considered effective if delivered to the property owner, as that term is defined in § 144-2 of this chapter, the property owner's spouse or other person of suitable age and discretion residing in the property owner's home, or the property owner's employee.
[Added 10-12-1999 by Ord. No. 99-O-10]
I.
Nothing contained in this subsection shall prevent
the Director of the Department of Public Services or his designee
from making reasonable efforts to contact the occupants in order to
obtain their identities directly; provided, however, that such action
shall not relieve the property owner of any obligation he may otherwise
have to correct any condition of the property or to prevent or ameliorate
any conduct by the occupants of such property which violates this
code.
[Added 10-12-1999 by Ord. No. 99-O-10]
J.
In the event that the Public Services Department determines that the owner has fraudulently affirmed or misrepresented his/her compliance under any subsection, the Department shall have the authority to revoke the occupancy permit after notice and an opportunity for the owner to be heard on appeal by the Advisory Planning Commission pursuant to the procedures of Chapter 125, Housing Regulations, § 125-4C, of the College Park Code. The Commission's sole function shall be to determine whether or not there was a fraudulent affirmation or misrepresentation and thereby affirm or withdraw the notice appealed from.
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10; 9-24-2002 by Ord. No.
02-O-3]
[Amended 6-12-1973 by Ord. No. 73-O-7; 10-11-1977 by Ord. No. 77-O-7; 8-12-1980 by Ord. No. 80-O-12; 10-23-1984 by Ord. No. 84-O-10; 11-25-1986 by Ord. No.
86-O-5; 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No.
91-O-24; 2-9-1993 by Ord. No. 92-O-13;
11-10-2003 by Ord. No. 03-O-9; 3-13-2018 by Ord. No. 18-O-02]
A.
Except as provided in § 144-6B, the Public Services Department shall inspect each such unit at least once each year.
B.
For apartment and hotel buildings, a biennial inspection of one half
of the individual dwelling units may be authorized at the discretion
of the Public Services Director, so that all dwelling units are inspected
at least once in two years. To qualify for biennial inspection, the
following is required for the property as a whole:
• Compliance with the most current editions of fire and
building codes;
• Installation of complete life safety systems including
sprinklers, fire and smoke alarm systems and emergency lighting;
• Maintenance of all life safety systems by third party
providers with annual certification of system maintenance and functionality
provided to the City;
• A history of ongoing City Code compliance;
• Unified, on-site management and maintenance;
• Periodic fire evacuation drills conducted and monitored
by a qualified third party in apartment buildings.
• Annual City inspection of public spaces, to include without
limitation, hallways, exits, and common areas; building and life safety
systems; and all mechanical and equipment spaces, including without
limitation boiler and furnace rooms, telecommunication rooms, and
electrical equipment rooms, would continue to be required. In the
event of a significant code violation, or if unitary management of
the property should cease, the property may be required to undergo
full annual inspection.
C.
Units may be inspected more often than required herein where a substantiated
complaint of violation has occurred or the Director has probable cause
to believe that a violation is occurring on such property.
A.
At any time that the Public Services Department shall
determine that any such unit does not comply with all of the provisions
of all applicable law, it shall order the permit holder or agent thereof
to render compliance within a reasonable period of time. If such compliance
is not provided, the Public Services Director may order the revocation
of the occupancy permit for the structure in which said unit or units
are located and proceed with enforcement under applicable provisions
of law.
[Amended 10-23-1984 by Ord. No. 84-O-10; 9-10-1991 by Ord. No. 91-O-22; 6-8-2010 by Ord. No.
10-O-05]
B.
A short-term rental license may be suspended or revoked at any time
or not renewed based upon noncompliance with the requirements of this
chapter, the City Code, or the Prince George's County Code.
[Added 11-7-2023 by Ord.
No. 23-O-09[1]]
(1)
A short-term rental license may be suspended or revoked due to issuance
of a citation, corrective order, or violation notice citing violations
of the City Code, or Prince George's County Code, including but
not limited to violations of its building, electrical, plumbing or
zoning codes.
(2)
The Department of Public Services has the right to enter and inspect
the short-term rental with reasonable notice to the host. Failure
to provide timely access may serve as a basis to issue a violation
notice or administrative citation, or to suspend or revoke a license.
(3)
The Department of Public Services may immediately issue a violation notice or administrative citation, or may suspend or revoke a short-term rental license, if the operation of the short-term rental constitutes a nuisance as defined in § 144-2 or because of any adverse effect to public health, safety, and the general welfare, including excessive noise, traffic, physical activity, public safety, or other good cause.
(4)
The Department of Public Services may immediately issue a violation
notice or administrative citation or may suspend or revoke a license
if under the building code a stop-work or stop-use order has been
issued to the address.
(5)
Fraud, misrepresentation, false statement and inaccuracies in the
application for an occupancy permit or supporting documents shall
be grounds for immediate revocation or denial of the short-term rental
license.
(6)
All the requirements of this chapter shall be continuously maintained
throughout the duration of the license. Failure to do so shall be
grounds for immediate revocation or denial of the short-term rental
license.
(7)
If a short-term rental host license is suspended or revoked, the
public services department shall notify in writing the host and all
platforms on which the host currently lists.
C.
Revocation of the occupancy permit for noncompliance
with the provisions of the City Housing Ordinance may be appealed
to the Advisory Planning Commission under the provisions of the Housing
Ordinance. Revocation of the occupancy permit for noncompliance with
short-term rental requirements may be appealed to the Advisory Planning
Commission within 30 days of the revocation. If said permit is revoked
for violations of other laws or ordinances, appeal may only be made
to a court of competent jurisdiction of this state.
[Amended 9-24-2002 by Ord. No. 02-O-3; 11-7-2023 by Ord. No. 23-O-09]
D.
In the event that an occupancy permit is allowed to expire by fault of the permit holder due to the failure to pay the required fees within 20 days from the date of the written notification of payment due, without a reasonable cause, a reinstatement fee shall be imposed as set forth in Chapter 110, Fees and Penalties, and shall be payable with all application fees. Property may be subject to reinspection prior to reinstatement of an occupancy permit, and all fees may be reimposed.
[Added 11-12-1980 by Ord. No. 80-O-14; amended 12-10-1991 by Ord. No. 91-O-24; 6-8-2010 by Ord. No.
10-O-05]
E.
In the event that an occupancy permit is revoked for cause, the occupancy permit must be reinstated and a fee paid as set forth in Chapter 110, Fees and Penalties, and all provisions of the Code of the City of College Park must be met before the property may again be occupied. Except for revocations of short-term rental licenses, in no event will an occupancy permit for a dwelling unit that has been revoked for cause be reinstated prior to the expiration of 90 days from the date of revocation. A short-term rental license may not be issued for a period of three years after the license is revoked to:
[Added 11-12-1980 by Ord. No. 80-O-14; amended 12-10-1991 by Ord. No. 91-O-24; 8-12-1997 by Ord. No.
97-O-12; 11-7-2023 by Ord. No. 23-O-09]
[Added 11-7-2023 by Ord.
No. 23-O-09[1]]
A.
A challenge to any required affirmation made by the applicant as
part of the application for a short-term rental permit may be filed
with the Director of Public Services within 30 days after the application
is filed by:
B.
The director must, within 30 days after receipt of the challenge:
(1)
Provide notice of the challenge to the applicant;
(2)
Refer the challenge to the City's Advisory Planning Commission.
The Advisory Planning Commission may investigate any question of fact
raised by the challenge and may revoke or deny the license if it finds
after a public hearing that one or more facts certified by the applicant
is false.
[Added 11-7-2023 by Ord.
No. 23-O-09]
A.
No one may engage in the business of the short-term rentals in the
City without having obtained a short-term rental license under this
chapter.
B.
No one may utilize or list a property in the City on a hosting platform
without a short-term rental license from the City.
C.
Anyone issued a short-term rental license for a property in the City:
(1)
Shall collect and remit all applicable hotel taxes through the platform;
(2)
Shall display conspicuously on interior of the short-term rental,
the license with contact information of the licensed host, the emergency
contact pursuant to § 144-3A(3)(d) and the contact information
for the Department;
(3)
Shall not rent the short-term rental for more than 30 consecutive
days;
(4)
Shall not rent the short-term rental more than 90 days per calendar
year if the short-term rental is unoccupied by the owner;
(5)
Shall not rent the short-term rental more than 180 days per calendar
year if the short-term rental is owner-occupied;
(6)
Shall not combine allowable time frames to exceed the permissible
calendar days for short-term rentals;
(7)
Shall not permit more than a total of eight guests at any one time
and there shall not be more than three guests per bedroom;
(8)
Shall not permit any other individuals to utilize the short-term
rental other than registered short-term rental guests;
(9)
Shall not rent a unit, or any portion thereof, by the hour or for
any period of fewer than 24 consecutive hours, or more than once within
any consecutive 24-hour period; or for multiple bookings or rentals
for the same overlapping time periods.
D.
The person renting a short-term rental unit shall maintain a log
of all short-term rental guests that have rented the short-term rental
and will provide the log when applying to renew the short-term rental
license.
(1)
The log shall contain the following information:
(a)
The total number of short-term rental guests that stayed in
the short-term rental for the fiscal year beginning the first day
of July of each year and ending the last day of June the following
year;
(b)
The total number of short-term rental guests that stayed during
each individual rental;
(c)
The dates the short-term rental is rented by a short-term rental
guest;
(d)
The number of days and dates the short-term rental was owner-occupied;
and
(e)
The total number of days and dates when the short-term rental
was not owner-occupied.
[Added 11-7-2023 by Ord.
No. 23-O-09]
The provisions of County Code Sec. 5-175.04, Short-term rental
hosting platform license; requirements and Sec. 5-175.06, Prohibited
acts, enforcement and penalties; platforms, with the exception of
Sec. 5-175.06(F), as amended, are incorporated herein by reference
and are applicable in the City of College Park. Platforms shall require
any short-term rental host in the City to submit a copy of the host's
rental license to the platform prior to the rental being listed on
the platform. The City will provide on a monthly basis to lawfully
licensed platforms the following information:
A.
The license number for all lawfully registered hosts;
B.
The license number for all hosts who have an expired license;
C.
The license number for all hosts who have a suspended license;
D.
The license number of all hosts whose license has been revoked; and
E.
The name of individuals who have applied for a short-term rental
license but were denied.
[Amended 8-14-1991 by Ord. No. 91-O-14; 12-10-1991 by Ord. No. 91-O-24; 8-12-1997 by Ord. No.
97-O-12]
A.
Except as may otherwise be specified herein and in addition to any other provisions for occupancy fees, late fees and reinstatement fees, any person violating any of the provisions of this chapter shall be guilty of a municipal infraction, subject to the penalty provided in Chapter 110, Fees and Penalties, of this Code.
