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HomeMy WebLinkAbout06-27-23 City Commission Meeting Supplemental Memo to CC re Amend Ord 2131 STR Affirm Obligations 6 27 23 To: Bozeman City Commission Fr: Nakeisha Lyon, Erin George, Greg Sullivan Date: June 27, 2023 RE: Supplemental Memorandum for Provisional Adoption of Ordinance 2131 After the Community Development Board hearing and upon receiving comment from hosting platforms, we recommend the City Commission amend Ordinance 2131 as it is presented in the Commission packet with the following amendments. If the Commission is amenable to including the items listed below in its provisional adoption, we recommend the Commission make the following motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23147 and move to provisionally adopt Ordinance 2131 amending the Ordinance to include the Staff recommendations included in the Supplemental Memorandum dated June 27, 2023, The Short Term Rental Affirmative Obligations. In response to public comment regarding how a hosting platform must comply with reporting requirements, we suggest the Commission include the following adjustment to 38.360.260.G.1 (the requested adjustments are highlighted, below): G. Administration. The director will collect all registration fees and will issue registrations and renewals thereof in the name of the city to all persons qualified under the provisions of this article and has the power to: 1. Make rules. The director will promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article section., including, but not limited to, providing alternative means to comply with hosting platform reporting requirements of 38.360.260.J.2 by maintaining an online tool accessible to the City that includes all required data. All rules are subject to city commission review and modification. Next, also based on comment from hosting platforms and our ongoing evaluation of information the City needs to ensure compliance, we suggest the Commission amend subsection J.2 by removing subsections c and d so subsection J.2 would read as follows: J. Hosting Platforms Obligations 1. Compliance with laws. In addition to the provisions of this section, a hosting platform must comply with all other applicable local, state and federal laws. 2. Reporting requirements. A hosting platform must provide a report to the city on a quarterly basis that includes, but is not limited to the following: a. The address of each short term rental located in the city for which it conducts a booking transaction; and b. The name of any owner or responsible person for each transient occupancy for which the hosting platform conducted a booking transaction. Next, we suggest adjusting subsection J.3 by removing the requirement the hosting platform include the permit itself (keeping the requirement to include the permit number). As such, J.3 would read as follows: 3. Required information for booking transaction. A hosting platform must include the city permit number and the permit in all hosting platforms’ publicly available listings prior to performing a booking transaction for each short term rental within the city. Lastly, for subsection J, we suggest expanding the time period for a hosting platform to remove a listing from five to ten days. If so, J.4 would read as follows: 4. Obligation to remove listings. If the hosting platform has reason to believe a short term rental is in violation of any provision of this code, including but not limited to notice from the city of a violation or an owner’s failure to supply to the hosting platform the city permit number or the permit for the short term rental, the hosting platform must remove the listing from its hosting platform within five ten business days. Finally, under subsection K, we suggest amending K.2.b to remove the word “registrant” and replace it with “permittee.” This adjustment is consistent with the other drafting changes in the Ordinance. 2. Procedure. Should the director decide to suspend or revoke a registration, the registrant will be given notice and an opportunity to respond following the procedures in this subsection, except that should the director determine the short term rental or its operation present a safety hazard or require immediate remedy, the director may order operation of the short term rental to cease immediately. a. The registrant will be notified in writing by the director at least seven days prior to the action contemplated and the reasons therefore. b. Upon receipt of the notice, the registrant permittee may request a meeting with the director. Such request must be in writing and must be received by the director within seven days of the registrant's receipt of the notice. Failure on the part of the registrant to request in writing a meeting and within the specified time period shall be a waiver of the registrant's right to a meeting. … Staff will be available to respond to any questions on these adjustments.