Ord 2017-037/consider revisions to Subpart B of the City’s Code of Ordinances (Land Development Code) amending Chapter 4 (Zoning Regulations) in order to regulate short-term rentals

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Sec. 34.818. Registration required. Except as provided in section 34.820, a rental registration is required to operate, lease, occupy, or otherwise allow multi-family or single family rental property to be occupied by a non-owner if the following conditions exist are met: (1) Two or more separate notices of violation are issued for the same property within a 12-month period and the owner of the property fails to correct the violations within the time frame required by the code official; or (2) Five or more separate code violations within a 12-month period regardless of whether the owner of the property corrects the violations within the time frame required by the code official; or (3) Two or more citations are issued for the same property within a 12-month period. For the purposes of this section, violations identified in the notices and citations must be related to the San Marcos Code of Ordinances, or violations of state law relating to public order and decency, controlled substances or alcohol, or public health, safety and morals as adopted. Sec. 34.819. Voluntary registration. Nothing in this chapter prohibits voluntary submission of registration for convenience and expediency of landlord or owner notification. The voluntary registration submission cannot be related to any enforcement action or as a method to avoid enforcement of this chapter.For purposes of this section annual registration is not required. However, if a property that voluntarily registered meets requirements of section 34.818,the registrant must comply with this entire chapter. Sec. 34.820. Exceptions. The provisions of this Code do not apply to: (1) Owner-occupied rental units; or (2) Properties specifically registered as members, or affiliate members with property designation of the Achieving Community Together (ACT) program. However, if a property, member or affiliate withdraws or is suspended from the ACT program theis requirements of this Division shall apply immediately.provision shall apply before the end of a thirty day period from date of separation.