HomeMy WebLinkAboutOrd 2022-09ORDINANCE NO. 22-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
MUNICIPAL CODE, BY AMENDING ARTICLE 8-6 RELATING TO
REGULATING SHORT TERM RENTALS AND VACATION RENTALS;
INCORPORATING THE RECITALS BY REFERENCE; ESTABLISHING A
PURPOSE; SETTING FORTH DEFINITIONS; REQUIRING A PERMIT TO
OPERATE A SHORT TERM RENTAL OR VACATION RENTAL WITHIN
FOUNTAIN HILLS' BOUNDARIES; ESTABLISHING REGULATIONS;
ADOPTING NOTIFICATION AND DISCLOSURE REQUIREMENTS;
ADOPTING INSURANCE REQUIREMENTS; ADOPTING APPLICATION
FEES; ESTABLISHING FINES AND PENALTIES FOR VIOLATIONS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS local governments may regulate short term rentals and vacation
rentals, as limited by Arizona Revised Statutes ("A.R.S.") § 9-500.39;
WHEREAS the Town of Fountain Hills (the "Town") deems it necessary to adopt
certain regulations regarding the use of property as a vacation rental to protect the health,
safety, and welfare of the Town residents;
WHEREAS a central and significant goal for the Town is to protect the health,
safety, and welfare of the Town residents, preserve its housing stock, and maintain the
quality and character of residential neighborhoods;
WHEREAS the Town will require all vacation rentals to obtain and maintain a valid
Town permit, pay permitting fees, provide an emergency point of contact to respond to
compliance and emergencies in a timely manner, maintain insurance, provide neighbor
notification, and disclose certain information about the vacation rental in each
advertisement;
WHEREAS the Town will require all short-term rentals to obtain and maintain a
valid transaction privilege tax ("TPT") license number, provide proof of the TPT license to
the Town, and require disclosure of the TPT number on each advertisement;
WHEREAS the Town retains the right to change its fees after review and approval
from the Town Council;
WHEREAS the Town deems it necessary to establish penalties and fines that
apply to short term rentals and vacation rentals; and
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Fountain Hills, Arizona, as follows:
Section I. General.
The Code of Fountain Hills, Arizona, is hereby amended by amending/adding
Article 8-6, Vacation Rentals, to read as follows:
ARTICLE 8-6. SHORT-TERM RENTALS AND VACATION RENTALS
Sec. 8-6-1 Purpose.
Sec. 8-6-2 Definitions.
Sec. 8-6-3 Permit Required; Penalties.
Sec. 8-6-4 Emergency Point of Contact Requirements- Penalties.
Sec. 8-6-5 Compliance with the Law; Prohibited Uses.
Sec. 8-6-6 Neighbor Notification Required.
Sec. 8-6-7 Advertisement Requirements.
Sec. 8-6-8 Posting on the Property Required.
Sec. 8-6-9 Insurance Required.
Sec. 8-6-10 Background Checks Required.
Sec. 8-6-11 Standards and Operating Requirements- Health and Safety.
Sec. 8-6-12 Permit Suspensions.
Sec. 8-6-13 Enhanced Penalties.
Sec. 8-6-14 Appeals.
Sec. 8-6-15 Judicial Relief.
Sec. 8-6-16 Severability.
Sec. 8-6-17 Prior Code Provisions Superseded.
Sec. 8-6-18 Effective Date.
Sec. 8-6-1 Purpose.
This Article is adopted to protect the peace, health, safety, and welfare of the Town's
residents and visitors by enacting reasonable regulations that mitigate the harmful
abuses common to the Short- Term Rental of residential property within the Town while
preserving property Owners' rights to rent their property in a manner that does not
disturb the peace or harm public health, public safety, or general public welfare. Such
harmful abuses deplete law enforcement and public safety resources and can leave
other areas of the Town with compromised levels of police protection so as to create a
significant threat to the safety of both citizens and police officers alike. The inclusion of
a specific regulation or reference to the Town Code in this chapter does not imply the
exclusion of any other applicable law. It shall be unlawful to provide, offer or operate a
Short -Term Rental or Vacation Rental within the corporate limits of the Town without
first obtaining a Permit as provided in this Article and without complying with any and
all applicable laws, regulations and this Code.
Sec. 8-6-2 Definitions.
In this Article, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise,
the following terms or phrases are defined as follows:
"Online Lodging Marketplace" has the same meaning prescribed in A.R.S. § 42-
5076.
"Short-term rental" and "vacation rental" are interchangeable for purposes of this
Article and mean any individually or collectively owned single-family or one -to -four -
family house or dwelling unit, or any unit or group of units in a condominium or
cooperative, that is also a transient public lodging establishment or owner -
occupied residential home offered for transient use. "Vacation rental" does not
include:
(i) accommodations or property that are classified for property taxation
under A.R.S. § 42-12001; or
(ii) any unit that is used for any nonresidential use, including a special event
that would otherwise require a permit, retail, restaurant, banquet space, or
other similar use.
"Transaction privilege tax license" is the license issued by the State of Arizona
pursuant to A.R.S., Title 42.
"Transient" has the same meaning prescribed in A.R.S. § 42-5070.
"Advertisement" means any method of soliciting the use of property for vacation
rental purposes.
"Applicant" means the owner or owner's designee who applies with the Town for a
permit or renewal of a permit.
"Days" shall mean calendar days unless stated otherwise.
"Designee" and "Agent" are interchangeable for purposes of this Article 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 (24) hour emergency point of contact
for the vacation rental; and (ii) respond to complaints and emergencies relating to
the vacation rental in a timely manner as required by this Article.
"Neighbor notification" means the written notice provided by the owner to each
single-family residential property adjacent to the vacation rental property, directly
across from the vacation rental property, and diagonally across the street of the
vacation rental property that includes the valid permit number issued by the Town,
the physical address of the vacation rental, and the name, address and twenty-
four (24) hour telephone number of the emergency point of contact.
"Nonresidential use" means any use that is not permitted in a residential zoning
district pursuant to the Town Zoning Ordinance, any use that constitutes an "unruly
gathering," as defined in Section 11-1-7(B) of this Code, and any use other than
lodging or uses that are customarily incidental to lodging. In addition to those uses
already stated herein, such nonresidential uses include, but are not limited to,
weddings; banquets; concerts; retreats; any use for which entrants pay an entry
fee; fireworks displays; a one-time or periodic, free or ticketed, cultural, charitable
or cause -related occasion conducted for the purpose of attracting revenue,
support, awareness and/or entertainment purposes; and social gatherings with
more than ten (10) persons in attendance.
"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, or guardian has charge, care, or control of any property,
dwelling unit, or portion thereof.
"Permit" means authorization by the Town to operate a vacation rental in
accordance with this Article.
"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.
"Timely manner" means responding to complaints and emergencies in person, by
phone, or by email within the timeframe required by public safety personnel.
Sec. 8-6-3 Permit Required; Penalties.
(A) Permit required. Prior to use of a property as a vacation rental, the Owner shall obtain
an annual vacation rental permit from the Town. Renting, or offering for rent, a vacation
rental without complying with the permit requirement in this Section 8-6-3 is prohibited.
(B) Permit applications. The owner of a proposed vacation rental shall submit to the Town
a permit application on a form furnished by the Town. The permit application shall be
signed by the applicant and shall contain the following minimum information, which shall
be made publicly available:
(1) The physical address of the residential property proposed to be used as a
vacation rental.
(2) The name, address, and telephone number of the owner for which the
vacation rental registration certificate is to be issued. If the property owner is
an entity, the legal name of the entity and its statutory agent.
(3) The name, address, and telephone number of each designee of the owner,
if any.
(4) The full name, address and twenty-four (24) hour telephone number of the
individual who will serve as the emergency point of contact.
(5) Proof of a valid transaction privilege tax license.
(6) 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.
(7) Attestation of compliance with the notification required in this Article.
(8) Evidence of liability insurance appropriate to cover the vacation rental in
the aggregate of at least $500,000 or evidence that each vacation rental
transaction will be provided through a platform that provides equal or greater
primary liability insurance coverage for the vacation rental.
(9) Evidence the vacation rental is registered with Maricopa County Assessor's
Office in accordance with A.R.S. § 33-1902.
(C) Permit fee. Every application, including any renewal application, for a vacation rental
permit under this Article shall be accompanied by a non-refundable fee established by
resolution.
(D) Issuance; reasons for denial. The Town shall issue or deny the permit within seven
(7) business days after receipt of a complete application, except that the Town may deny
issuance of a permit for any of the following reasons:
(1) The applicant failed to provide the information required under subsection B
herein;
(2) The applicant failed to pay the permit fee required under subsection C herein;
(3) The applicant provided false information;
(4) 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 (Hi) has been convicted of any felony use of a deadly weapon within five (5)
years of submitting the application; or
(5) At the time of application, the owner has a suspended permit for the same
vacation rental or any of the following applies: (a) one violation at the vacation
rental that resulted in or constituted any of the offenses described in Sec. 8-6-12;
or (b) three violations of this Article at the vacation 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.
(E) Notice of denial; appeal. The Town Manager or designee shall give notice of the
denial of an application to the applicant by emailing the notice to applicant at the address
listed on the application. The notice of the denial shall inform the applicant of the right to
appeal the denial as provided for in Sec. 8-6-13.
(F) Maintaining Accurate Information; Violations. All applicants and persons holding
permits issued pursuant to this Article shall give written notice to the Town Manager or
designee of any change in information submitted in connection with an application for a
permit or renewal of a permit. The notice shall be provided to the Town Manager not less
than ten (10) days prior to the effective date of the change. A violation of this subsection
is a civil offense.
(G) Term of Fountain Hills Permit; Renewal application. All permits issued under this
Article shall be valid for a period of one (1) year from the date of their issuance or
unless suspended or revoked. Except where the Town has received a new application
along with the requisite fees, it shall be unlawful for any person to operate a vacation
rental after the expiration date recorded upon the face of the vacation rental permit.
(H) Operating Without a Permit; Penalties. An owner or operator of a vacation rental
that fails to apply for a permit or license within thirty (30) days of the permit application
being made available by the Town shall immediately cease operations. In addition to
any other penalty pursuant to the Town Code, the Town 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 permit within 30 days of receiving the written notice of violation from the
Town. Representations or advertisements including online listings that reference the
property, house or dwelling unit location within the Town is prima facie evidence that
a vacation rental is operating in the Town.
(I) Non -transferable. No permit shall be transferable either as to location or as to person.
(J) Implementation. The Town Manager or designee shall develop the forms and/or
database necessary to implement this Section 8-6-3.
Sec. 8-6-4 Emergency Point of Contact Requirements; Penalties.
(A) Emergency Responses; Violations. When requested by a certified peace officer or
Town official, the owner or emergency point of contact whose name appears on the permit
application must be on the vacation rental premises, or be available over the phone or
text, within 60 minutes of the request.
(B) Non -emergency Responses; Violations. The owner or emergency point of contact
shall respond to all other complaints relating to the vacation rental in person, over the
phone, by e-mail, or by text within four (4) hours of the request.
(C) Maintaining Accurate Emergency Information. All applicants and persons holding
permits issued pursuant to this Article shall give prior written notice to the Town Manager
or designee of any change to the contact information provided to the Town for the
emergency point of contact. The notice shall be provided to the Town Manager not less
than ten (10) days prior to the effective date of the change.
(D) Violations. In addition to any other penalty pursuant to the Town Code, a violation of
this Section shall be a civil offense.
(E) Penalties. In addition to any other penalty pursuant to the Town Code, an owner shall
be subject to civil penalties of up to $1,000 for every thirty (30) days the owner fails to
provide notice to the Town as required under this subsection. Before imposing the initial
civil penalty, the Town shall provide thirty (30) days' notice to the owner by emailing a
notice of violation to the owner's email address that was provided to the Town. The notice
of the violation shall inform the applicant of the right to appeal the denial as provided for
in Sec. 8-6-13. Notwithstanding the date of the notice of violation, the date for calculating
the penalties shall be the first day the vacation rental is occupied following the owner's
failure to provide the notice to the Town regarding the change.
Sec. 8-6-5 Compliance with the Law; Prohibited Uses.
(A) A vacation rental shall comply with the federal, state, and local laws, including laws
relating to public health and safety, sanitation, solid waste, hazardous waste, tax privilege
licensing, property tax registration, traffic control, pollution control, noise, property
maintenance, and nuisance abatement.
(B) No person or entity shall operate a vacation rental in violation of this Article or other
law. In addition, the use of a vacation rental property for any of the following uses or
purposes is strictly prohibited:
(1) Any nonresidential use;
(2) Holding a special event that requires a permit or license pursuant to a Town
ordinance or state law or rule;
(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;
(8) Obscenity;
(9) Adult -oriented business; or
(10) Any other use prohibited by A.R.S. § 9-500.39 or Town Code.
(C) A vacation rental lacking a valid transaction privilege tax license issued by the State
of Arizona shall not be rented or offered for rent.
(D) No person or entity may receive payment or accept a fee, directly or indirectly, for
facilitating the rental of a vacation rental operating in violation of this Code or other law.
(E) In addition to any other penalty pursuant to the Town Code, any person who causes,
allows, facilitates, aides, or abets any violation of this Article shall be subject to a civil
offense.
(F) The failure of any designee to comply with this Article shall not relieve the owner of
liability under this Article.
Sec. 8-6-6 Neighbor Notification Required.
(A) Neighbor notification. Prior to offering a vacation rental for rent for the first time, the
owner or designee shall provide neighbor notification to each single-family residential
property adjacent to the vacation rental property, directly across from the vacation rental
property, and diagonally across the street of the vacation rental property. The neighbor
notification shall be provided in writing in the form required by the Town and shall include
the following minimum information:
(1) The permit number issued by the Town;
(2) The physical address of the vacation rental; and
(3) The name, physical address, email address, and twenty-four (24) hour
telephone number of the emergency point of contact.
(B) Additional neighbor notification required. Any change to the information provided
under Subsection A shall require additional neighbor notification by the owner or designee
not later than five (5) days prior to each change. The additional notification shall be
provided in the manner required by Section A.
(C) Attestation. At the time of the application, the owner or designee shall provide to the
Town an attestation of compliance with the neighbor notification required by this Section
8-6-6.
(D) Violations. In addition to any other penalty pursuant to Town Code, a violation of this
Section 8-6-6 shall be a civil offense.
Sec. 8-6-7 Advertisement Requirements.
(A) Required Disclosure. To protect the peace, health, safety, and general welfare of the
Town's residents and visitors, the owner or owner's designee shall be responsible for
displaying the permit number issued by the Town on each advertisement for such
vacation rental.
(B) In addition to the permit number that must be included in the Short -Term Rental's
listing, the Owner shall complete and prominently display the following statement in the
Short -Term Rental's Online Lodging Marketplace or other listing:
The Owner of this property will provide you with pertinent safety
information, explain your responsibilities under the Fountain Hills Town
Code, and expect you to certify your compliance therewith.
You must not use this property for any nonresidential or other prohibited
activity or use, as defined in Fountain Hills Town Code Section X-X-X.
Any renter who causes, permits, facilitates, aides, or abets such prohibited
use of this property shall be subject to a civil infraction carrying a
mandatory penalty of a minimum of $500.00, in addition to any other
penalties which the Town may impose.
The use of this Short -Term Rental to house sex offenders is prohibited by
State Law and by the Fountain Town Code. The Owner of this Short -Term
Rental is required to perform a background check on you and your guests
prior to your stay.
(C) Violations. In addition to any other penalty pursuant to the Town Code, a violation of
this Section shall be a civil offense. Each advertisement in violation of this Section 8-6-7
shall constitute a separate violation.
Sec. 8-6-8 Posting on the Property Required.
(A) Posting at the Vacation Rental. The owner of the vacation rental must display the
name, phone number, and email address of the owner or designee, and emergency point
of contact in a conspicuous place within 15 feet of the primary entrance of the vacation
rental.
(B) Booking Information. To protect the peace, health, safety, and general welfare of the
Town's residents and visitors, the Owner of a Short -Term Rental shall (1) provide each
booking Guest with a statement of applicable Town rules and regulations, or direct each
booking Guest thereto, and inform the booking Guest that rental of the unit constitutes an
agreement to comply with such rules and regulations and (2) display the Permit number
issued by the Town on each advertisement for such Short -Term Rental.
(C) Failure to Comply. In addition to any other penalty pursuant to the Town Code, a
violation of this Section 8-6-8 shall be a civil offense. Each day a vacation rental does not
display the information required by this Section 8-6-8 shall constitute a separate violation.
Sec. 8-6-9 Insurance Required.
(A) Required insurance. Prior to offering or renting a vacation rental for rent for the
first time, liability insurance appropriate to cover the vacation rental in the aggregate
of at least $500,000 shall be provided by the owner or the online marketplace
platform.
(B) Proof of insurance. Proof of the required liability insurance coverage shall be
provided to the Town at the time of the application.
(C) Violation. In addition to any other penalty pursuant to the Town Code, a violation of
this Section 8-6-9 shall be a civil offense. Each day a vacation rental lacks the insurance
required by this Section 8-6-9 shall constitute a separate violation.
Sec. 8-6-10 Background Checks Required.
(A) No sex offender shall be permitted to rent or occupy the vacation rental. Owners
who allow a sex offender at the vacation rental shall be found in violation of this
Section 8-6-10.
(B) Within twenty-four (24) hours of every booking, a sex offender background check
on each guest shall be conducted by the owner or by the online lodging marketplace
on which the vacation rental is advertised. The owner shall demonstrate compliance
with this requirement by retaining a full copy of each background check for a minimum
of twelve (12) months after the booking date and providing the copy to the Town upon
a request by a police officer.
(C) In addition to any other penalty pursuant to the Town Code, any person who
violates this Section 8-6-10 shall be subject to a civil offense.
(D) The failure of an online lodging marketplace to conduct a background check shall not
relieve the owner of liability under this Section 8-6-10.
Section 8-6-11 Standards and Operating Requirements; Health and Safety.
(A) Standards and Operating Requirements.
1. An Owner or Owner's Representative shall (a) affirmatively respond to
complaints in person, over the phone, or by email, and (b) abate the
incident from which the complaint arose in a Timely Manner regardless of
when the Owner receives notice of the complaint. If such a response is
due within one hour under this Article's definition of Timely Manner, the
response is deemed necessary to protect the peace, health, safety, and
welfare of the general public, and the Owner or Owner's Representative
shall so respond in person. If the response is due within 24 hours, the
Owner or the Owner's Representative shall respond either in person, by
telephone, or by email. Failure of the Owner or the Owner's
Representative to respond to a complaint as provided herein is a
violation of this Article, and the owner shall be deemed responsible for
such violation regardless of whether an Owner's Representative has
been designated.
2. Prior to the commencement of the occupancy or during check -in, the
Owner shall explain and describe all rules and regulations applicable to
the use of the property as a Short -Term Rental including, but not limited
to, parking restrictions, restrictions on noise and amplified sound, trash
collection schedules, Special Event and Nonresidential Use restrictions,
fire evacuation routes, and any other information, as required by this
Code, applicable to the Short -Term Rental and the surrounding
neighborhood. Prior to or upon the booking Guest's arrival at the Short-
Term Rental, the Owner shall provide the booking Guest with a written
copy of the statement of rules and regulations acknowledged by the
booking Guest at the time of booking. The Owner shall keep a record of
compliance with this section.
3. Trash and refuse shall not be left stored within public view, except in
proper collection containers for the purpose of collection in accordance
with Town Code.
4. The following notice must be completed in 14-point or larger bold font, on
a laminated or otherwise similarly shielded paper, and prominently
displayed on the inside of the front door and the primary door to the
backyard or in a conspicuous location near each such door. The notice
below shall also include information regarding the location of all fire
extinguishers and Town of Fountain Hills parking and waste disposal
regulations.
NOTICE
USE OF THIS PROPERTY FOR ANY OF THE FOLLOWING
PURPOSES IS PROHIBITED; VIOLATORS MAY BE SUBJECT TO
SUBSTANTIAL PENALTIES:
1. Housing sex offenders;
2. Operating or maintaining a sober living home;
3. Selling controlled substances, liquor, or pornography;
4. Obscenity, Nude or topless dancing, and other adult -
oriented businesses, performances, parties, or activities in
which value is given in exchange for an adult -oriented
service;
5. Any uses prohibited under A.R.S. § 9-500.39, or federal,
state, or local law; or
6. Any use that disturbs neighboring properties' peace and
enjoyment including, but not limited to, excessive noise,
impeding traffic, obstruction of public streets by crowds or
vehicles, use or possession of illegal drugs, drinking in
public areas, the service of alcohol to minors or
consumption of alcohol by minors, fighting, disturbing the
peace, and/or littering.
USE OF THIS PROPERTY FOR ANY OF THE FOLLOWING
PURPOSES IS PROHIBITED; VIOLATORS MAY BE SUBJECT TO
SUBSTANTIAL PENALTIES:
Use for any nonresidential use, including:
1. For a special event that would otherwise require a permit
or license pursuant to Town ordinance or a state law or
rule; or
2. Operating a retail business, restaurant, event center,
banquet space, or similar use.
Your local contact person's name is and can be
reached by phone 24 hours a day, seven days a week at _ _
(B) Health, Safety, and Sanitation. To protect the health, safety, and general welfare of
all Short -Term Rental occupants, Short -Term Rentals must meet the minimum
standards for habitable structures set forth in this Code and the Zoning Ordinance and
the following requirements. The Town may require inspection if it has a reason for
concern that the Short -Term Rental may not be compliant with the Town's fire, building,
or zoning requirements or other requirements set forth in this chapter.
1. Smoke and carbon monoxide (CO) detection and notification system. A working
smoke alarm and carbon monoxide (CO) alarm system, which may require the
installation and maintenance of several detection units, shall be present within
the Short -Term Rental and maintained annually as required under NFPA
(National Fire Protection Association) 72. The Owner or Owner's Representative
shall keep and make available for inspection upon request by the Fire Marshal a
record of all inspections and maintenance activities.
2. Fire extinguisher. A portable, multi -purpose fire extinguisher shall be installed,
inspected, and maintained as required under NFPA 10 in any kitchen area and
on each floor of a Short -Term Rental and within 20 feet of every outdoor fire
feature, fire pit, patio heater, fireplace, or other areas with fire. The
extinguisher(s) shall be installed on the wall in an open common area or in
an enclosed space with appropriate markings visibly showing the location of the
fire extinguisher.
3. Fire Safety and Emergency Evacuation Map. The Owner shall provide and
prominently display a map of the Short -Term Rental showing the following
information: safe routes of egress in the event of a fire or other emergency; the
location of fire detection and suppression equipment; and any additional
information relevant to such emergency preparedness measures. Such maps
shall include the full property address, emergency information (911), and Owner
contact information.
4. Air Filters. As applicable, all HVAC filters in the Short -Term Rental shall be
changed every three months or according to the manufacturer's instructions. The
Owner or Owner's Representative shall keep and make available for inspection
upon request by the Town a record of all HVAC filter changes.
5. Parking. The Owner shall establish and post the maximum number of vehicles
that can be parked at the rental for a period of 24-hours or more based on an
allowance of 1 vehicle for each 750 square feet of livable area in the home. This
limitation applies to vehicles parked in the driveway or on the street within 1,000
feet of the property.
6. Cleaning. The Owner shall have the Short -Term Rental cleaned between
bookings following CDC guidelines and using household disinfectant products
recommended by the United States Environmental Protection Agency. The
Owner or Owner's Representative shall keep and make available for inspection
upon request by the Town a record of all cleanings.
7. Pest Control. The Owner shall ensure that the Short -Term Rental receives
regular (at least monthly) pest control treatments to keep the interior of all
buildings and structures and exterior area of the premises free from infestation of
insects, rodents, and other noxious pests where such infestation threatens the
health, safety, or welfare of a person or persons. The Owner or Owner's
Representative shall keep and make available for inspection upon request by
the Town a record of all pest control treatments.
Sec. 8-6-12 Permit Suspensions.
(A) Permit suspensions. The Town may initiate an administrative process to suspend
a vacation rental permit for a period of up to twelve (12) months for any of the
following:
(1) Three verified violations of this Article within a twelve (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.
(2) One verified violation that results in or constitutes any of the following:
(a) A felony offense committed at or in the vicinity of a vacation rental
by the owner of the vacation rental or by the owner's designee;
(b) A serious physical injury or wrongful death at or related to a vacation
rental resulting from the knowing, intentional or reckless conduct of the
owner of the vacation rental or the owner's designee;
(c) The owner of the vacation 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; or
(d) The owner of the vacation rental or the owner's designee knowingly
or intentionally allowing the use of a vacation rental for a special event
that would otherwise require a permit or license pursuant to the Town
code or a state law or rule or for a retail, restaurant, banquet space or
other similar use.
(B) Appeals. A decision to suspend a permit may be appealed by the owner as set
forth in Sec. 8-6-14.
Sec. 8-6-13 Enhanced Penalties.
(A) The remedies in this Article are cumulative and the Town may proceed under one
or more such remedies.
(B) In addition to any other penalty pursuant to the Town Code, and notwithstanding
any other law, the Town 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 Article or fails to perform any act or duty required by this Article,
related to the same vacation rental property within the same twelve-month period:
(1) Up to $500 or up to an amount equal to one night's rent for the vacation
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 vacation
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 vacation
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 vacation rental,
those violations are considered one violation for the purpose of assessing civil
penalties.
(C) In addition to any other penalty pursuant to the Code, any property that operates
as a vacation rental and fails to apply for vacation rental permit in accordance with
this Article within thirty (30) days of the application process being made available by
the Town, must cease operations immediately. In addition to any fines imposed
pursuant to this Section 8-6-12, the Town 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 Article.
Sec. 8-6-14 Appeals.
(A) Any person aggrieved by any decision with respect to the denial of or a refusal to
issue a vacation rental permit, the suspension of a vacation rental permit, or a penalty
imposed pursuant to this Article may appeal the decision by filing a written notice of
appeal with the Town Manager no later than thirty (30) days from the date of the decision
letter. The notice of appeal shall be on a form approved by the Town.
(B) An appeal under this Section 8-6-13 does not operate as a stay of the permit
suspension.
(C) This Section 8-6-13 is not applicable to judicial actions brought pursuant to Sec. 8-6-
14 or to penalties including fines imposed by a court.
Sec. 8-6-15 Judicial relief.
(A) Notwithstanding Sec. 8-6-11, any attempted or completed felony act, arising from
the occupancy or use of a vacation 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 vacation rental for a period that shall not exceed
twelve (12) months.
(B) The Town attorney may initiate proceedings in the Town court or other court of
competent jurisdiction to enforce this Section 8-6-14.
Sec. 8-6-16 Severability.
In the event any section or provision of this Article shall be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity of this Article as a whole or any part thereof other than the part so declared to
be invalid or unconstitutional.
Sec. 8-6-17 Prior Code Provisions Superseded.
Section 8-6 of the Town Code is superseded and replaced in its entirety by this
ordinance.
Sec. 8-6-18 Effective Date.
This Ordinance shall become effective on February 1, 2023.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa
County, Arizona, this 15th day of November 2022.
FOR THE TOWN OF FOUNTAIN HILLS:
Ginnicke Mayor d
REVIEWED BY:
ATTESTED TO:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Grady E. Mill Town Manager Aaron D. Arnson, Town Attorney