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EXHIBIT A
2023 Amendments to Chandler City Code Chapter 22
{Public Record for Ordinance No. 5048}
Chapter 22 of the Chandler City Code is hereby amended as follows (additions in ALL CAPS,
deletions in strikeout):
Chapter 22 SHORT SHORT-TERM RENTALS
22-1. Purpose.
This cChapter is adopted to protect the health, safety, and welfare of residents of and visitors to
the City of Chandler by enacting reasonable regulations for the short term SHORT-TERM rental
of residential property within the City. The inclusion of a specific regulation or reference to City
Code in this cChapter does not imply the exclusion of any other applicable law.
22-2. Definitions.
The following words, terms, and phrases, when used in this cChapter, shall have the meanings
ascribed to them in this section CHAPTER, except where the context clearly indicates a different
meaning. wWords not defined shall be given their normal, ordinary meaning.
Director means the Management Services Director or designee.
DESIGNEE AND AGENT ARE INTERCHANGEABLE FOR PURPOSES OF THIS CHAPTER
AND MEAN ANY PERSON OR PERSONS WITH THE CHARGE, CARE, OR CONTROL OF
ANY PROPERTY, DWELLING UNIT, OR PORTION THEREOF. “DESIGNEE” INCLUDES
THE “EMERGENCY POINT OF CONTACT.”
EMERGENCY
POINT-OF-CONTACT
MEANS
THE
OWNER
OR
INDIVIDUAL
DESIGNATED BY THE OWNER TO: (i) SERVE AS THE LOCAL TWENTY-FOUR-HOUR
EMERGENCY POINT-OF-CONTACT FOR THE SHORT-TERM RENTAL; AND (ii)
RESPOND TO COMPLAINTS AND EMERGENCIES RELATING TO THE SHORT-TERM
RENTAL AS REQUIRED BY THIS CHAPTER.
LICENSE MEANS AUTHORIZATION BY THE CITY TO OPERATE A SHORT-TERM
RENTAL IN ACCORDANCE WITH THIS CHAPTER.
Lodging accommodations shall have the same meaning as defined in A.R.S. § 42-5076.
NEIGHBOR NOTIFICATION MEANS THE WRITTEN NOTICE PROVIDED BY THE
OWNER TO EACH RESIDENTIAL PROPERTY ADJACENT TO THE SHORT-TERM
RENTAL PROPERTY, DIRECTLY ACROSS FROM THE SHORT-TERM RENTAL
PROPERTY, DIAGONALLY ADJACENT TO THE SHORT-TERM RENTAL PROPERTY,
AND BEHIND THE SHORT-TERM RENTAL PROPERTY THAT INCLUDES THE
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PHYSICAL ADDRESS OF THE SHORT-TERM RENTAL, AND THE NAME, ADDRESS,
AND 24-HOUR TELEPHONE NUMBER OF THE EMERGENCY POINT OF CONTACT.
Nonresidential use means any use that is not a permitted use in a residential zoning district.
ONLINE LODGING MARKETPLACE SHALL HAVE THE SAME MEANING AS DEFINED
IN A.R.S. § 42-5076.
Online lodging operator shall have the same meaning as defined in A.R.S. § 42-5076.
OWNER MEANS ANY PERSON WHO, ALONE OR WITH OTHERS, HAS TITLE OR
INTEREST IN A PROPERTY, DWELLING UNIT, OR PORTION THEREOF, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF, AND INCLUDES ANY
PERSON WHO AS AGENT, EXECUTOR, ADMINISTRATOR, TRUSTEE, TENANT-IN-
POSSESSION, OR GUARDIAN HAS CHARGE, CARE, OR CONTROL OF ANY PROPERTY,
DWELLING UNIT, OR PORTION THEREOF. THIS DOES NOT INCLUDE PROPERTY
MANAGERS
OR
MANAGEMENT
COMPANIES
CONTRACTING
WITH
THE
OWNER/OPERATOR FOR THE PURPOSE OF FACILITATING THE BUSINESS OF THE
SHORT-TERM RENTAL.
PERSON MEANS AN INDIVIDUAL, PUBLIC ENTITY, FIRM, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, OR ANY
OTHER BUSINESS ENTITY OR JURIDICAL PERSON, WHETHER OPERATING ON A
FOR-PROFIT OR NONPROFIT BASIS.
Residential zoning district means any of the following: AG-1, SF-33, SF-18, SF-10, SF 8.5, MF-
1, MF-2, MF-3, or MH-1.
Short term SHORT-TERM rental or vacation rental ARE INTERCHANGEABLE FOR
PURPOSES OF THIS CHAPTER AND shall have the same meaning as set forth in A.R.S. § 9-
500.39 and any portion of land located in a residential zoning district or any unit, room or structure
on land located in a residential zoning district that is also offered to the public for transient lodging
accommodations. Short term rental does not include property that is used for any nonresidential
use, including, but not limited to, retail, restaurant, banquet space, or event center. Advertisement
REPRESENTATION, SOLICITATION, OR ADVERTISEMENT OF ANY LODGING
ACCOMODATION THROUGH A WEB-BASED APP, online PORTAL, OR WEBSITE
SYNONYMOUS WITH VACATION RENTALS OR SHORT-TERM RENTALS creates a
rebuttable presumption that a property is a short term SHORT-TERM rental REGARDLESS OF
LENGTH OF STAY OFFERED OR CURRENT AVAILABILITY STATUS OF THE RENTAL.
Transient means for a duration lasting less than thirty (30) consecutive days.
Verified violation means a finally adjudicated finding of guilt or civil responsibility for violating
any State law or local ordinance relating to REGULATING THE OPERATION OF a short term
SHORT-TERM rental.
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22-3. Registration LICENSE required.
22-3.1. The owner of a short term SHORT-TERM rental shall MUST obtain a short term SHORT-
TERM rental registration LICENSE by completing an application on a form prescribed by the
City. RENTING, ADVERTISING, OR OFFERING FOR RENT A SHORT-TERM RENTAL
WITHOUT COMPLYING WITH THE LICENSE REQUIREMENT IN THIS SECTION 22-3 IS
PROHIBITED.
22-3.2. The owner of a short term SHORT-TERM rental shall provide the following information
when applying for a short term SHORT-TERM rental registrationLICENSE:
A.
THE PHYSICAL ADDRESS Address of the short term SHORT-TERM rental
PROPERTY.
B.
Valid mailing address of the owner or the owner's agent. THE NAME, ADDRESS,
AND TELEPHONE NUMBER OF THE OWNER OF THE SHORT-TERM RENTAL.
IF THE OWNER IS AN ENTITY, PROVIDE THE LEGAL NAME OF THE ENTITY
AND ITS STATUTORY AGENT.
C.
Phone number and email address of the owner or the owner's agent having the authority
to respond to a complaint in person, over the phone, or by email at any time of the day.
THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH DESIGNEE OF
THE OWNER, IF ANY.
D.
The owner of a short term rental shall inform the Director of any change in the
information provided under this section within ten (10) days of the change. THE FULL
NAME,
EMAIL
ADDRESS,
AND
TWENTY-FOUR-HOUR
TELEPHONE
NUMBER OF THE INDIVIDUAL WHO WILL SERVE AS THE EMERGENCY
POINT-OF-CONTACT.
E.
PROOF OF A VALID TRANSACTION PRIVILEGE TAX LICENSE.
F.
ACKNOWLEDGMENT BY THE OWNER OF AN AGREEMENT TO COMPLY
WITH ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES,
INCLUDING THE REQUIREMENT THAT THE OWNER AND EACH DESIGNEE
SHALL NOT BE A REGISTERED SEX OFFENDER, BEEN CONVICTED OF ANY
FELONY ACT THAT RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY,
OR BEEN CONVICTED OF ANY FELONY USE OF A DEADLY WEAPON
WITHIN THE PAST FIVE YEARS.
G.
A SIGNED ATTESTATION STATING THAT THE OWNER OF THE SHORT-
TERM RENTAL HAS NOTIFIED NEIGHBORS ABOUT THE PLANNED
OPERATION OF A SHORT-TERM RENTAL AS REQUIRED IN SECTION 22-6.
THIS ATTESTATION MUST BE MADE ON A FORM PROVIDED BY THE CITY,
AND MUST INDICATE THE ADDRESSES OF ALL PROPERTIES NOTIFIED
AND THE METHOD OF NOTIFICATION.
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22-3.3. The owner of a short term SHORT-TERM rental shall inform the Director of any change
in the information provided under this section 22-3.2 within ten (10) days of the change.
22-3.4.
LICENSE
FEE.
EVERY
APPLICATION,
INCLUDING
ANY
RENEWAL
APPLICATION, FOR A SHORT-TERM RENTAL LICENSE SHALL BE ACCOMPANIED BY
A NON-REFUNDABLE ANNUAL LICENSE FEE ESTABLISHED BY CITY COUNCIL
RESOLUTION. IF THE LICENSE IS DENIED, THE PAID ANNUAL LICENSE FEE WILL BE
REFUNDED. THE INITIAL ANNUAL LICENSE FEE SHALL BE PRORATED AS
FOLLOWS:
JULY 1 – SEPTEMBER 30
100% OF THE ANNUAL LICENSE FEE
OCTOBER 1 – DECEMBER 31
75% OF THE ANNUAL LICENSE FEE
JANUARY 1 – MARCH 31
50% OF THE ANNUAL LICENSE FEE
APRIL 1 – JUNE 30
25% OF THE ANNUAL LICENSE FEE
22-3.5. ISSUANCE; REASONS FOR DENIAL. THE CITY MAY DENY ISSUANCE OF A
LICENSE FOR ANY OF THE FOLLOWING REASONS:
A.
THE APPLICANT FAILED TO PROVIDE THE INFORMATION REQUIRED
UNDER SECTION 22-3.2;
B.
THE APPLICANT FAILED TO PAY THE LICENSE FEE REQUIRED UNDER
SECTION 22-3.4;
C.
THE APPLICANT PROVIDED FALSE INFORMATION;
D.
THE OWNER OR DESIGNEE OF THE OWNER: (I) IS A REGISTERED SEX
OFFENDER; (II) HAS BEEN CONVICTED OF ANY FELONY ACT THAT
RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR (III) HAS BEEN
CONVICTED OF ANY FELONY USE OF A DEADLY WEAPON WITHIN FIVE
YEARS OF SUBMITTING THE APPLICATION; OR
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E.
AT THE TIME OF APPLICATION, THE OWNER HAS A SUSPENDED LICENSE
FOR THE SAME SHORT-TERM RENTAL OR ANY OF THE FOLLOWING
APPLIES: (A) ONE VIOLATION AT THE SHORT-TERM RENTAL THAT
RESULTED IN OR CONSTITUTED ANY OF THE OFFENSES DESCRIBED IN
SEC. 22-9(B); OR (B) THREE VIOLATIONS OF THIS CHAPTER AT THE
SHORT-TERM RENTAL WITHIN A TWELVE (12) MONTH PERIOD, NOT
INCLUDING AN AESTHETIC, SOLID WASTE DISPOSAL, OR VEHICLE
PARKING VIOLATION THAT IS NOT ALSO A SERIOUS THREAT TO PUBLIC
HEALTH AND SAFETY.
22-3.6. NOTICE OF DENIAL; APPEAL. THE DIRECTOR OR DESIGNEE SHALL GIVE
NOTICE OF THE DENIAL OF AN APPLICATION TO THE APPLICANT BY MAILING THE
NOTICE TO THE APPLICANT AT THE ADDRESS LISTED ON THE APPLICATION. THE
NOTICE OF DENIAL SHALL INFORM THE APPLICANT OF THE RIGHT TO APPEAL THE
DENIAL AS PROVIDED FOR IN SECTION 1-7.
22-3.7. MAINTAINING ACCURATE INFORMATION; VIOLATIONS. ALL APPLICANTS AND
PERSONS HOLDING A LICENSE ISSUED PURSUANT TO THIS CHAPTER MUST
PROVIDE WRITTEN NOTICE TO THE DIRECTOR OF ANY CHANGE IN INFORMATION
SUBMITTED IN CONNECTION WITH AN APPLICATION FOR A LICENSE OR RENEWAL
OF A LICENSE. THE NOTICE MUST BE PROVIDED TO THE DIRECTOR NOT LESS THAN
10 DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE. A VIOLATION OF THIS
SUBSECTION IS A CIVIL OFFENSE.
22-3.8. TERM OF LICENSE; RENEWAL APPLICATION. ALL LICENSES ISSUED UNDER
THIS CHAPTER ARE VALID ONLY FOR THE LICENSE TERM FOR WHICH IT IS ISSUED.
EACH LICENSE EXPIRES ON JUNE 30TH OF EACH YEAR AND MUST BE RENEWED
ON OR BEFORE JULY 1ST FOR THE NEXT RENEWAL PERIOD. EXCEPT WHERE THE
CITY HAS RECEIVED A NEW APPLICATION ALONG WITH THE REQUISITE FEE, IT IS
UNLAWFUL FOR ANY PERSON TO OPERATE A SHORT-TERM RENTAL AFTER THE
EXPIRATION DATE LISTED ON THE SHORT-TERM RENTAL LICENSE.
22-3.9. OPERATING WITHOUT A LICENSE; PENALTIES. A SHORT-TERM RENTAL
OWNER WHO OPERATES A SHORT-TERM RENTAL WITHOUT A LICENSE IS IN
VIOLATION OF THIS CHAPTER AND SUBJECT TO CIVIL PENALTIES. IN ADDITION TO
ANY OTHER PENALTY PURSUANT TO THE CHANDLER CITY CODE, THE CITY MAY
IMPOSE A CIVIL PENALTY OF UP TO $1,000 PER MONTH AGAINST THE OWNER IF
THE OWNER OR OWNER’S DESIGNEE FAILS TO APPLY FOR A LICENSE WITHIN 30
DAYS OF RECEIVING A WRITTEN NOTICE OF VIOLATION FROM THE CITY.
22-3.10. NON-TRANSFERABLE. A SHORT-TERM RENTAL LICENSE MAY NOT BE
TRANSFERRED TO ANOTHER LOCATION OR PERSON.
22-3.11. IMPLEMENTATION. THE DIRECTOR SHALL DEVELOP THE FORMS AND/OR
DATABASE NECESSARY TO IMPLEMENT THIS SECTION.
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22-4. Operating requirements.
22-4.1. A short term SHORT-TERM rental may not be used for nonresidential uses, including, but
not limited to retail, restaurant, banquet hall, event space, or any event that requires a permit or
license pursuant to a City ordinance or State law.
22-4.2. A short term SHORT-TERM rental may not be rented, advertised, or used for any of the
uses prohibited under A.R.S. § 9-500.39.
22-4.3. A short term SHORT-TERM rental may not be rented, advertised, or used for occupancies
exceeding those allowed under Chapter 29 of this Code.
22-4.4. The neighborhood preservation requirements set forth in Chapter 30 of this Code apply to
a short term SHORT-TERM rental.
22-4.5. The residential parking requirements set forth in Chapter 35 of this Code apply to a short
term SHORT-TERM rental.
22-4.6. The following notice must be posted in a conspicuous place in the short term SHORT-
TERM rental:
Notice: Using this property for the following purposes is prohibited:
1. Any nonresidential use;
2. Holding any event that requires a permit or license pursuant to a City ordinance or
State law;
3. Operating a retail business, restaurant, event center, banquet hall or similar use;
4. Housing sex offenders;
5. Operating or maintaining a sober living home;
6. Selling liquor, illegal drugs, or pornography;
7. Operating a nude or topless dancing establishment;
8. Adult-oriented business;
9. Any uses prohibited under A.R.S. § 9-500.39; or
10. Any use that disturbs the peace and enjoyment of neighboring properties.
The maximum occupancy of this residence is ___.
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22-4.7. A short term SHORT-TERM rental shall not be rented or offered for rent without a valid
short term SHORT-TERM rental registration LICENSE under Section 22-3 and a valid transaction
privilege tax license HELD BY THE SHORT-TERM RENTAL OWNER, under Arizona Revised
Statutes Title 42.
22-4.8. When requested by a Police Officer or City Code Inspector, the owner or owner's agent
whose name appears on the short term rental registration, or another person with management
authority regarding the short term rental must be available either in person or by telephone within
sixty (60) minutes after receiving the request.
22-5. Enforcement of chapter.
A. The City, its officers, and its employees may enforce this chapter by one or more lawful
means, including but not limited to voluntary compliance, civil citation, injunctive action,
and criminal enforcement. The City may also require restitution.
B. The City Manager shall designate those officers and employees of the City authorized to
inspect short term rentals and other properties to determine compliance with this chapter.
C. The remedies in this section are cumulative and the City may proceed under one or more
concurrently.
D. Any short term rental owner, agent, renter, or online lodging operator who causes, permits,
facilitates, aides, or abets any violation of this chapter is subject to a civil penalty as
follows:
1. First offense, five hundred dollars ( $500.00).
2. Second offense on the same property within a twelve-month period, one thousand
dollars ($1,000.00) per offense.
3. Third and subsequent offense on the same property within a twelve-month period,
one thousand five hundred dollars ($1,500.00) per offense.
E. A short term rental owner is subject to a separate civil penalty as set forth in paragraph D
of this section for each verified violation occurring on the short term rental owner's
property.
F. Any short term rental owner, agent, renter, or online lodging operator who commits a
violation of a provision of this chapter after previously having been found responsible for
committing three (3) or more civil infractions of this chapter within a sixteen (16) month
period, whether by admission, by payment of the fine, by default, or by judgment after
hearing, shall be guilty of a Class 1 misdemeanor punishable as set forth in Section 1-8 of
this Code. The City Prosecutor is authorized to file a Class 1 criminal misdemeanor
complaint in the Chandler Municipal Court against such habitual offenders who violate
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this section. For purposes of calculating the sixteen (16) month period under this paragraph,
the dates of the commission of the offenses are the determining factor.
G. If the owner of a short term rental has obtained a short term rental registration and provided
valid contact information as required under this chapter, the Director shall make a
reasonable attempt to notify the owner or the owner's agent of any citation issued for a
violation of a City ordinance or State law that occurred on or at the short term rental within
seven (7) business days after issuance of the citation using the contact information the
owner provided under Section 22-3.3. No such notice is required for an owner who has
failed to obtain a short term rental registration and provide contact information as required
under this chapter.
22-5. EMERGENCY POINT-OF-CONTACT REQUIREMENTS.
22-5.1. EMERGENCY RESPONSES. WHEN REQUESTED BY A POLICE OFFICER, THE
OWNER OR EMERGENCY POINT-OF-CONTACT WHOSE NAME APPEARS ON THE
LICENSE APPLICATION MUST BE ON THE SHORT-TERM RENTAL PREMISES OR BE
AVAILABLE OVER THE PHONE OR BY TEXT WITHIN 60 MINUTES OF THE REQUEST.
22-5.2. NON-EMERGENCY RESPONSES. THE OWNER OR EMERGENCY POINT-OF-
CONTACT SHALL RESPOND TO ALL OTHER CITY INITIATED INQUIRIES RELATING
TO THE SHORT-TERM RENTAL IN PERSON, OVER THE PHONE, BY E-MAIL, OR BY
TEXT WITHIN 24 HOURS OF THE REQUEST.
22-5.3. MAINTAINING ACCURATE EMERGENCY INFORMATION. ALL APPLICANTS AND
PERSONS HOLDING LICENSES ISSUED PURSUANT TO THIS CHAPTER MUST GIVE
PRIOR WRITTEN NOTICE TO THE DIRECTOR OF ANY CHANGE TO THE CONTACT
INFORMATION PROVIDED TO THE CITY FOR THE EMERGENCY POINT-OF-
CONTACT. THE NOTICE SHALL BE PROVIDED TO THE CITY NOT LESS THAN TEN
DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
22-5.4. VIOLATIONS. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CITY
CODE, A VIOLATION OF THIS SECTION SHALL BE A CIVIL OFFENSE.
22-5.5. PENALTIES. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CITY
CODE, AN OWNER SHALL BE SUBJECT TO CIVIL PENALTIES OF UP TO $1,000 FOR
EVERY 30 DAYS THE OWNER FAILS TO PROVIDE NOTICE TO THE CITY AS
REQUIRED UNDER THIS SECTION. BEFORE IMPOSING THE INITIAL CIVIL PENALTY,
THE CITY SHALL PROVIDE 30 DAYS’ NOTICE TO THE OWNER BY EMAILING OR
MAILING A NOTICE OF VIOLATION TO THE OWNER’S EMAIL ADDRESS OR MAILING
ADDRESS THAT WAS PROVIDED TO THE CITY. THE NOTICE OF THE VIOLATION
SHALL INFORM THE APPLICANT OF THE RIGHT TO APPEAL THE DECISION AS
PROVIDED FOR IN SECTION 1-7. NOTWITHSTANDING THE DATE OF THE NOTICE OF
VIOLATION, THE DATE FOR CALCULATING THE PENALTIES SHALL BE THE FIRST
DAY FOLLOWING THE OWNER’S FAILURE TO PROVIDE THE NOTICE TO THE CITY
REGARDING THE CHANGE.
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22-6. Notification to the Arizona Department of Revenue.
A. Within 30 days after a verified violation, the Director shall notify the Arizona Department
of Revenue and the owner of the short term rental of the verified violation.
B. The notification provided under paragraph A of this section will include the amount of any
civil penalty assessed against the owner of the short term rental under section 22-5(E) and
any other information required by law.
22-6. NEIGHBOR NOTIFICATION REQUIREMENTS.
22-6.1. NEIGHBOR NOTIFICATION. BEFORE OFFERING A SHORT-TERM RENTAL FOR
RENT FOR THE FIRST TIME, THE OWNER OR DESIGNEE MUST PROVIDE NEIGHBOR
NOTIFICATION TO EACH RESIDENTIAL PROPERTY ADJACENT TO THE SHORT-
TERM RENTAL PROPERTY, INCLUDING THOSE PROPERTIES DIRECTLY ACROSS
FROM THE SHORT-TERM RENTAL PROPERTY, DIAGONALLY BEHIND AND ACROSS
THE STREET OF THE SHORT-TERM RENTAL PROPERTY, AND DIRECTLY BEHIND
THE SHORT-TERM RENTAL PROPERTY. FOR PURPOSES OF THIS SECTION, THE
PRESENCE OF A STREET OR ALLEY ADJACENT TO THE SHORT-TERM RENTAL
PROPERTY DOES NOT NEGATE THE NEIGHBOR NOTIFICATION REQUIREMENT. THE
CITY MAY WAIVE THIS REQUIREMENT IF A MAJOR ARTERIAL STREET, FREEWAY,
CANAL, RAILROAD, OR OTHER GEOGRAPHIC FEATURE CREATES A REASONABLE
BUFFER BETWEEN THE ADJACENT PROPERTY AND THE SHORT-TERM RENTAL
PROPERTY. IF THE SHORT-TERM RENTAL PROPERTY IS IN A MULTI-FAMILY
RESIDENTIAL BUILDING, THE NOTIFICATION MUST BE GIVEN TO EACH
RESIDENTIAL UNIT ON THE SAME FLOOR AS THE SHORT-TERM RENTAL, AS WELL
AS ANY UNIT DIRECTLY ABOVE OR BELOW THE SHORT-TERM RENTAL. THE
NEIGHBOR NOTIFICATION MUST BE PROVIDED IN WRITING IN THE FORM
REQUIRED BY THE CITY AND MUST INCLUDE THE FOLLOWING MINIMUM
INFORMATION:
(1) THE PHYSICAL ADDRESS OF THE SHORT-TERM RENTAL; AND
(2) THE NAME, PHYSICAL ADDRESS, EMAIL ADDRESS, AND 24-HOUR
TELEPHONE NUMBER OF THE EMERGENCY POINT-OF-CONTACT.
22-6.2. ADDITIONAL NEIGHBOR NOTIFICATION REQUIRED. THE OWNER OR
DESIGNEE MUST PROVIDE ADDITIONAL NEIGHBORHOOD NOTIFICATION IF THERE
IS ANY CHANGE TO THE INFORMATION REQUIRED IN THIS SECTION. THE
NOTIFICATION MUST BE GIVEN NO LATER THAN FIVE DAYS BEFORE EACH
CHANGE. THE ADDITIONAL NOTIFICATION MUST BE PROVIDED IN THE MANNER
REQUIRED BY SECTION 22-6.1.
22-6.3. ATTESTATION. AT THE TIME OF THE APPLICATION THE OWNER OR DESIGNEE
SHALL PROVIDE TO THE CITY AN ATTESTATION OF COMPLIANCE WITH THE
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NEIGHBOR NOTIFICATION REQUIRED BY THIS SECTION. THE APPLICANT MUST
COMPLETE THE NEIGHBOR NOTIFICATION BEFORE APPLYING FOR A SHORT-TERM
RENTAL LICENSE.
22-6.4. VIOLATIONS. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CITY
CODE, A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE.22-5. ENFORCEMENT OF
CHAPTER.
22-7. ADVERTISEMENT REQUIREMENTS.
22-7.1. REQUIRED DISCLOSURE. THE OWNER OR OWNER’S DESIGNEE MUST
DISPLAY THE LICENSE NUMBER ISSUED BY THE CITY AND THE TRANSACTION
PRIVILEGE TAX LICENSE NUMBER ISSUED BY THE ARIZONA DEPARTMENT OF
REVENUE IN ACCORDANCE WITH A.R.S. 42-5042 ON EACH ADVERTISEMENT FOR A
SHORT-TERM RENTAL, INCLUDING BUT NOT LIMITED TO ANY ADVERTISEMENTS
POSTED ON AN ONLINE LODGING MARKETPLACE.
22-7.2. VIOLATIONS. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CITY
CODE, A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE. EACH ADVERTISEMENT
IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE VIOLATION.
22-8. POSTING ON PROPERTY REQUIREMENTS.
22-8.1. ON-SITE POSTING REQUIRED. THE OWNER OF THE SHORT-TERM RENTAL
MUST DISPLAY THE NAME, PHONE NUMBER, AND EMAIL ADDRESS OF THE OWNER
(OR DESIGNEE) AND EMERGENCY POINT-OF-CONTACT IN A CONSPICUOUS PLACE
ON AN INTERIOR WALL WITHIN THREE FEET OF THE PRIMARY ENTRANCE OF THE
SHORT-TERM RENTAL.
22-8.2. FAILURE TO COMPLY. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO
THE CITY CODE, A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE. EACH DAY A
SHORT-TERM RENTAL DOES NOT DISPLAY THE INFORMATION REQUIRED BY THIS
SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.
22-9. LICENSE SUSPENSION.
22-9.1. THE CITY MAY INITIATE AN ADMINISTRATIVE PROCESS TO SUSPEND A
SHORT-TERM RENTAL LICENSE FOR A PERIOD OF UP TO 12 MONTHS FOR ANY OF
THE FOLLOWING:
A.
THREE VERIFIED VIOLATIONS OF THIS CHAPTER WITHIN A 12-MONTH
PERIOD, NOT INCLUDING ANY SUCH VIOLATION BASED ON AN
AESTHETIC, SOLID WASTE DISPOSAL, OR VEHICLE PARKING VIOLATION
THAT IS NOT ALSO A SERIOUS THREAT TO PUBLIC HEALTH AND SAFETY.
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B.
ONE VERIFIED VIOLATION THAT RESULTS IN OR CONSTITUTES ANY OF
THE FOLLOWING:
1) A FELONY OFFENSE COMMITTED AT OR IN THE VICINITY OF A SHORT-
TERM RENTAL BY THE OWNER OF THE SHORT-TERM RENTAL OR BY
THE OWNER’S DESIGNEE;
2) A SERIOUS PHYSICAL INJURY OR WRONGFUL DEATH AT OR RELATED
TO A SHORT-TERM RENTAL RESULTING FROM THE KNOWING,
INTENTIONAL, OR RECKLESS CONDUCT OF THE OWNER OF THE
SHORT-TERM RENTAL OR THE OWNER’S DESIGNEE;
3) THE OWNER OF THE SHORT-TERM RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY HOUSING A SEX
OFFENDER, ALLOWING OFFENSES RELATED TO ADULT-ORIENTED
BUSINESSES, SEXUAL OFFENSES, OR PROSTITUTION, OR OPERATING
OR MAINTAINING A SOBER LIVING HOME AT THE SHORT-TERM
RENTAL LOCATION; OR
4) THE OWNER OF THE SHORT-TERM RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY ALLOWING THE USE OF
A SHORT-TERM RENTAL FOR A SPECIAL EVENT THAT WOULD
OTHERWISE REQUIRE A PERMIT OR LICENSE PURSUANT TO THE CITY
CODE OR A STATE LAW OR RULE OR FOR A RETAIL, RESTAURANT,
BANQUET SPACE OR OTHER SIMILAR USE.
C.
IF A SHORT-TERM RENTAL OWNER HAS OTHER SHORT-TERM RENTAL
LICENSES FOR MULTIPLE PROPERTIES, AND THAT OWNER HAS HAD A
LICENSE SUSPENDED UNDER THIS SECTION, THE DIRECTOR MAY
SUSPEND THE OTHER LICENSES HELD BY THE OWNER UPON A FINDING
THAT THE OWNER’S CONTINUED OPERATION OF OTHER SHORT-TERM
RENTALS WOULD POSE A SERIOUS THREAT TO PUBLIC HEALTH AND
SAFETY.
22-9.2. APPEALS. A DECISION TO SUSPEND A LICENSE MAY BE APPEALED BY THE
OWNER AS SET FORTH IN SECTION 1-7.
22-10. ENFORCEMENT OF CHAPTER; PENALTIES.
A. THE CITY, ITS OFFICERS, AND ITS EMPLOYEES MAY ENFORCE THIS
CHAPTER BY ONE OR MORE LAWFUL MEANS, INCLUDING BUT NOT LIMITED
TO VOLUNTARY COMPLIANCE, CIVIL CITATION, INJUNCTIVE ACTION, AND
CRIMINAL PROSECUTION FOR RECIDIVIST OFFENDERS. THE CITY MAY
ALSO REQUIRE RESTITUTION.
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B. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR STATE LAW, THIS
CHAPTER MAY BE ENFORCED PURSUANT TO ARTICLE II OF CHAPTER 30 OF
THIS CODE.
C. THE CITY MANAGER SHALL DESIGNATE THOSE OFFICERS AND EMPLOYEES
OF THE CITY AUTHORIZED TO DETERMINE COMPLIANCE WITH THIS
CHAPTER.
D. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CITY CODE, AND
NOTWITHSTANDING ANY OTHER LAW, THE CITY MAY IMPOSE A CIVIL
PENALTY OF THE FOLLOWING AMOUNTS AGAINST AN OWNER IF THE
OWNER CAUSES, ALLOWS, FACILITATES, AIDES, OR ABETS A VERIFIED
VIOLATION OF ANY PROVISION OF THIS CHAPTER OR FAILS TO PERFORM
ANY ACT OR DUTY REQUIRED BY THIS CHAPTER, RELATED TO THE SAME
SHORT-TERM RENTAL PROPERTY WITHIN THE SAME 12-MONTH PERIOD:
1) UP TO $500 OR UP TO AN AMOUNT EQUAL TO ONE NIGHT’S RENT FOR
THE SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS
GREATER, FOR THE FIRST VIOLATION.
2) UP TO $1,000 OR UP TO AN AMOUNT EQUAL TO TWO NIGHTS’ RENT
FOR THE SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS
GREATER, FOR THE SECOND VIOLATION.
3) UP TO $3,500 OR UP TO AN AMOUNT EQUAL TO THREE NIGHTS’ RENT
FOR THE SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS
GREATER, FOR A THIRD AND ANY SUBSEQUENT VIOLATION.
IF MULTIPLE VIOLATIONS ARISE OUT OF THE SAME RESPONSE TO AN
INCIDENT
AT
A
SHORT-TERM
RENTAL,
THOSE
VIOLATIONS ARE
CONSIDERED ONE VIOLATION FOR THE PURPOSE OF ASSESSING CIVIL
PENALTIES.
E. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CODE, ANY
PROPERTY THAT OPERATES AS A SHORT-TERM RENTAL AND FAILS TO
APPLY FOR SHORT-TERM RENTAL LICENSE IN ACCORDANCE WITH THIS
CHAPTER WITHIN THIRTY (30) DAYS OF THE APPLICATION PROCESS BEING
MADE AVAILABLE BY THE CITY, MUST CEASE OPERATIONS IMMEDIATELY.
IN ADDITION TO ANY FINES IMPOSED PURSUANT TO THIS SECTION, THE
CITY MAY IMPOSE A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS
($1,000) PER MONTH AGAINST THE OWNER IF THE OWNER OR OWNER’S
DESIGNEE FAILS TO APPLY WITHIN THIRTY (30) DAYS OF RECEIVING
WRITTEN NOTICE OF THE FAILURE TO COMPLY WITH THIS CHAPTER.
13
22-11. APPEALS.
A. ANY PERSON AGGRIEVED BY ANY DECISION WITH RESPECT TO THE DENIAL
OF OR A REFUSAL TO ISSUE A SHORT-TERM RENTAL LICENSE, THE
SUSPENSION OF A SHORT-TERM RENTAL LICENSE, OR A PENALTY IMPOSED
PURSUANT TO THIS CHAPTER MAY APPEAL THE DECISION BY FILING A
WRITTEN NOTICE WITHIN TEN CALENDAR DAYS FROM THE DATE OF THE
DECISION LETTER IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN
SECTION 1-7. THE NOTICE OF APPEAL SHALL SET FORTH WITH SPECIFICITY
THE FACTUAL GROUNDS FOR THE APPEAL.
B. AN APPEAL UNDER THIS SECTION DOES NOT OPERATE AS A STAY OF THE
LICENSE SUSPENSION.
C. THIS SECTION IS NOT APPLICABLE TO JUDICIAL ACTIONS BROUGHT
PURSUANT TO SECTION 22-12 OR TO PENALTIES INCLUDING FINES IMPOSED
BY A COURT.
22-12. JUDICIAL RELIEF.
A. NOTWITHSTANDING SECTION 22-9, ANY ATTEMPTED OR COMPLETED
FELONY ACT, ARISING FROM THE OCCUPANCY OR USE OF A SHORT-TERM
RENTAL THAT RESULTS IN A DEATH, OR ACTUAL OR ATTEMPTED SERIOUS
PHYSICAL INJURY, SHALL BE GROUNDS FOR JUDICIAL RELIEF IN THE FORM
OF A SUSPENSION OF THE PROPERTY'S USE AS A SHORT-TERM RENTAL FOR
A PERIOD THAT SHALL NOT EXCEED 12 MONTHS.
B. THE CITY ATTORNEY MAY INITIATE PROCEEDINGS IN THE CITY COURT OR
OTHER COURT OF COMPETENT JURISDICTION TO ENFORCE THIS SECTION.
22-13. RECIDIVIST OFFENDERS.
ANY PERSON DEEMED TO BE A RECIDIVIST OFFENDER SHALL BE PENALIZED
SUBJECT TO THE PROVISIONS OF SECTION 1-8.7.B. OF THE CITY CODE.