Title
REF100042/REF130043 - SHORT-TERM RENTAL CODE COMPLIANCE
Consider recommendation to the Board of Supervisors concerning measures to enhance short-term rental code compliance.
Report
RECOMMENDATION
It is recommended that the Planning Commission:
a. Receive a report regarding code compliance for short-term rentals.
b. Provide direction to staff
(County-wide)
Proposed CEQA Action: Not Applicable per Section 15060 (c)(3) and 15378 (b)(4)(5)
SUMMARY
On January 9, 2018, the Planning Commission directed staff to place an item on the January 31, 2018 Planning Commission agenda for the Commission to discuss and consider recommendations to the Board of Supervisors regarding measures to enhance short-term rental code compliance. Code enforcement decisions (whether to enforce, when, and how) are within the discretion of the County. Responsibilities to enforce codes are divided amongst various County Departments: Resource Management Agency (RMA) (land use, building and public works), Sheriff (abandoned vehicles), Health (water, wastewater, food, noise), and Treasurer/Tax Collector (taxes).
Generally, there are two types of enforcement relative to Short Term Rentals (STR): 1) Zoning Codes (land use) and 2) Tax Codes, which are related but mutually exclusive. Resource Management Agency (RMA) code compliance is reactive to complaints received, including Short Term Rentals and violations observed. In regards to compliance of STR's in relation to the Tax Code, the Treasurer/Tax Collector (TTC) has explored contracting services with Host Compliance that would allow the TTC to proactively monitor and enforce payment of Transient Occupancy Taxes (TOT). Any STR found operating must pay applicable taxes regardless if the STR has secured the proper land use entitlement or not.
DISCUSSION
RMA has limited available staff resources to enforce codes.
The RMA Code Compliance team consists of one, Senior Code Compliance Inspector and four, Code Compliance Inspectors II (...
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