[bouldercouncilhotline] Hotline: Re: Potential Amendment to Ordinance 8154 (Short Term Rentals)

[cmosupport at bouldercolorado.gov]

Sender: Yates, Bob

Tom:


Since I will not be at this evening's City Council meeting, let me offer my comments on the short-term rental license ordinance (Ordinance 8154):


1.  I support the ordinance with the amendments that you suggested yesterday, including the proposal to pass the ordinance on an emergency basis this evening.


2.  When the preliminary draft of the ordinance was provided to Council a couple of weeks ago, I corresponded with you about changes that I recommended, including proof of residency by sworn statement and limiting the non-profit exception to those organizations with 501(c) status and a charitable purpose consistent with operating a STR.  Thank you for making those changes in the final draft of the ordinance that Council will consider this evening.  I am happy with those revisions and I support Ordinance 8154 as written, with the amendments you suggested yesterday.


Best,

Bob


________________________________
From: Carr, Thomas
Sent: Wednesday, November 9, 2016 2:10 PM
To: HOTLINE
Subject: Potential Amendment to Ordinance 8154 (Short Term Rentals)

Our enforcement staff has made a request for a potential additional amendment to the short term rental update.  The code currently permits revocation as an alternative sanction to a penalty.  Staff recommends that it be the primary sanction for obtaining a license for a property that is not the licensee's principal residence.  In addition, while revocation has long been an available sanction for long term rentals, it has never been used.  Thus, the question arose about what happens after suspension.  Staff thought that it would be helpful to have language in the code that provided for a minimum suspension period and a standard for reapplication.  The attached proposed amendment includes a six month minimum suspension period and a requirement that the applicant demonstrate compliance before a new license is issued.

In addition, a question arose about whether council might wish to adopt ordinance 8154 by emergency.  Adding a new proposed definition of "principal residence" will assist with a number of pending enforcement issues.  In addition, there are a number of people waiting to take advantage of the new provisions relating to trusts and not for profit corporations.  I have attached a draft of an amendment that would make ordinance 8154 effective immediately.

Tom Carr
City Attorney
(303) 441-3020

[City%20Attorney]
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