Chapter 5.14
VACATION RENTAL DWELLING LICENSE
Sections:
5.14.030 Revocable annual vacation rental dwelling license required.
5.14.050 Standards for issuance of license.
5.14.060 Criteria for approval of a license and license renewal.
5.14.070 Additional operational requirements.
5.14.090 Appeals of VRD license determinations.
5.14.110 Revocation procedure.
5.14.120 Discontinuance of vacation rental dwelling occupancy.
5.14.130 Violations – Penalties.
* Editor’s note: Ordinance 2009-11 §§ 2, 3 provide:
The provisions of Ordinance Nos. 2007-11 and 2008-07 as readopted in Section 1 will continue to apply to all vacation rental dwelling permits issued under those ordinances as of June 21, 2009, until such time as the permits expire under their terms or on the latest possible renewal date, or expire by operation of law under Ordinance Nos. 2007-11 and 2008-07, whichever comes first.
A vacation rental permit due to expire December 31, 2009, will be subject to renewal only as a license under the provisions of Ordinance Nos. 2009-02 and 2009-03.
5.14.010 Purpose.
A vacation rental dwelling license is a limited permission to use property for vacation rental. A license may be suspended, terminated or revoked if the standards of this chapter are not met or the dwelling is sold or otherwise transferred as defined in this chapter. This chapter provides an administrative framework for licensing the annual operation of a vacation rental. (Ord. 2009-03 § 1)
5.14.020 Definitions.
A. “Sale or transfer” means any change of ownership during the lifetime of the license holder, whether or not there is consideration, or after the death of the license holder, except a change in ownership where title is held not as tenants in common but with the right of in survivorship (e.g., survivorship estates recognized in ORS 93.180, such as with a spouse or domestic partner, or transfers on the owner’s death to a trust which benefits only a spouse or domestic partner for the lifetime of the spouse or domestic partner). Exceptions:
1. A license holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to license revocation so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the license held by the transferor shall terminate.
2. A license holder may transfer ownership of the real property to the license holder and a spouse or domestic partner with the right of survivorship and not be subject to license revocation; provided, that if the property subject to the license is in a residential zone the spouse or domestic partner does not own an interest in another vacation rental dwelling in a residential zone.
B. “Person” means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred his or her property to a trust of which the natural person is the trustor, that person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has a vacation rental dwelling license. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that is used for vacation rental or has a vacation rental dwelling license.
C. “Vacation rental” has the definition stated in LCMC 17.08.010. (Ord. 2017-13 § 1; Ord. 2016-14 § 2; Ord. 2009-03 § 1)
5.14.030 Revocable annual vacation rental dwelling license required.
The owner of a vacation rental dwelling shall obtain an annual revocable vacation rental dwelling license under this chapter to lawfully advertise, offer, operate, rent, or otherwise make available for occupancy or use a vacation rental dwelling. (Ord. 2009-03 § 1)
5.14.040 Application and fee.
A. Application Required. Prior to engaging in the use of a vacation rental dwelling for any period of time, a person shall apply for a revocable license for a vacation rental dwelling on forms provided by the city, demonstrating the application meets the standards required of this chapter. A person shall submit a completed application along with payment of the applicable fee. A copy of the approval of the planning and community development director of an application for vacation rental dwelling use as provided in LCMC 17.80.050 shall be required to be attached to the license application under this subsection. If a license application does not include all required information, including a copy of the planning and community development director’s approval and the required fee, the application will be considered incomplete and the city will notify the applicant in writing explaining the information required. If the applicant provides the missing required information within 60 days of the date of the notice, the application will be reviewed. If the applicant cannot provide the required information, the applicant may withdraw the application and the city will refund the application fee.
B. License Fee. The fee for application for a vacation rental dwelling license or license renewal shall be in an amount to recover the city’s actual costs of reviewing and issuing the license application or license renewal application, including any required inspections, and shall be established by resolution of the city council. In addition, a vacation rental dwelling licensee shall obtain a business occupation tax permit under LCMC 5.04.040 but is not required to pay an application fee under LCMC 5.04.060 for a business occupation tax permit in addition to the application fee for an annual vacation rental dwelling license. (Ord. 2010-12 § 1; Ord. 2010-11 § 1; Ord. 2009-03 § 1)
5.14.050 Standards for issuance of license.
A revocable vacation rental dwelling license shall be issued for a period of one calendar year or portion thereof and may be renewed annually provided all applicable standards of this chapter are met.
A. The license shall be issued in the name of the property owner and is not transferable. The license shall terminate and be deemed void when the license holder sells or transfers the property approved as a vacation rental dwelling. Except for exempted transfers related to right of survivorship, (LCMC 5.14.020(A)), the death of a license holder terminates the VRD license. If upon the death of the license holder the ownership of the property transfers by operation of law to an executor or heir, then the license, subject to the license renewal process, shall provisionally continue in effect for a period of one year or until the heir or executor transfers the property to another person, whichever occurs first.
B. The city shall approve an application for a vacation rental dwelling license or license renewal if all the following are met:
1. The property proposed to be licensed for vacation rental is located in a commercial zone, or the property is located in a residential zone and the owner does not have an ownership interest in any another property in a residential zone used or approved for use as a vacation rental dwelling.
2. The planning and community development director has determined the property complies with LCMC 17.80.050.
3. The owner has provided information sufficient to verify a qualified person will be available to be contacted about use of the vacation rental during and after business hours.
4. The owner has agreed to comply with all license and operational standards including any conditions such as specific occupancy requirements. (Ord. 2016-14 § 1; Ord. 2009-03 § 1)
5.14.055 License standards.
The city will provide a form for application designed to assist the applicant in providing information adequate to determine whether the standards of this chapter are met. The application shall provide the following information:
A. Owner Information. Owner’s name, permanent residence address, permanent residence telephone number, and vacation home address and telephone number.
B. Local Representative Information. If the owner permanently resides within the Lincoln City urban growth boundary, the owner may be the local representative provided the owner meets all applicable requirements of this chapter. If the owner does not permanently reside within the Lincoln City urban growth boundary, the owner shall provide the name, address, and telephone number of a local representative who can be contacted concerning use of the vacation rental dwelling in the event the owner is not available. The telephone number of the local representative shall be operative during regular business hours, 8:00 a.m. to 5:00 p.m., and after business hours and on weekends. The local representative shall be a permanent resident within the Lincoln City urban growth boundary, or an individual staff of a business that manages rental of real property with a physical office open to the public within the Lincoln City urban growth boundary and staffed with at least one person.
C. The applicant shall attach a copy of the determination of the planning and community development director that the proposed vacation rental dwelling complies with LCMC 17.80.050.
D. The applicant shall certify that no person identified as an owner on the application also owns other property in a residential zone in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use.
E. The applicant shall certify the dwelling complies with all operational standards of this chapter, including smoke alarm and smoke detector requirements, and that all information provided in the application is true. Providing false information in the application is a violation of this chapter and may be enforced as a Class B violation. A reasonable belief the application information is false is also a basis to revoke a license.
F. The applicant shall demonstrate compliance with the applicable approval criteria of LCMC 5.14.060, including health and safety standards, prior to the initial issuance of a vacation rental license or renewal of a license. (Ord. 2015-10 §§ 5, 6; Ord. 2014-07 § 1; Ord. 2009-03 § 1. Formerly 5.14.060)
5.14.060 Criteria for approval of a license and license renewal.
A. The applicant has the burden to submit competent substantial evidence to the city to demonstrate compliance with each and every applicable criterion for approval or renewal of the license. The approval criteria also operate as continuing code compliance obligations of the owner, also referred to as operational standards. City staff is responsible for review of the evidence for compliance with the criteria. Staff may verify evidence by independent investigation and the applicant shall cooperate fully in any such investigation.
B. To receive approval, an applicant for a vacation rental dwelling license or license renewal shall demonstrate with competent substantial evidence that all approval criteria listed below have been satisfied:
1. Transient Room Tax Compliance.
a. The owner shall demonstrate compliance with Chapter 3.04 LCMC, Transient Room Tax.
b. In the case of a renewal, if the owner is currently subject to a notice of violation, or citation for failure to comply with any applicable requirements of Chapter 3.04 LCMC (Transient Room Tax), including but not limited to failure to report, remit payment or failure to submit to an audit, all VRD operations (including operations during the grace period in the new calendar year) shall be suspended, even if the owner has timely submitted an application for renewal. If the owner has been convicted of any violation of Chapter 3.04 LCMC within the last year, the city shall deny the VRD renewal application.
2. Land Use Compliance. [Reserved]
3. Ownership Limitation for Residential VRDs, Exception for Roads End.
a. [Reserved]
b. Lawfully established VRDs in Roads End (as defined in Ordinance 2012-10) existing and lawfully operating as of July 1, 2013, shall not be counted as more than one VRD ownership when applying the VRD ownership limitation of this chapter.
4. Health and Safety.
a. Maximum Overnight Occupancy. The maximum overnight occupancy of a vacation rental dwelling shall be as follows:
i. In no event shall the occupancy of a vacation rental dwelling (VRD) exceed the limits of the 1997 Uniform Housing Code; and
ii. In no event shall a VRD exceed the following limitations:
(A) In no event shall use and occupancy of more than five guest rooms be permitted in a VRD. For purposes of this code, a guest room is a bedroom or any other space within the dwelling designed and intended to be used for sleeping; and
(B) In no event shall overnight occupancy of a VRD structure exceed 16 persons; and
iii. Occupancy shall not exceed the limitations identified herein except in a vacation rental dwelling constructed pursuant to (or retrofitted for compliance with) the current Oregon Structural Specialty Code and only in commercial zoning districts or such other districts as council may authorize by ordinance. For the purposes of this provision, commercial zoning districts are the general commercial (GC) zone, the recreation commercial (RC) zone, the Taft Village core (TVC) zone, the Nelscott business district (NBD) zone, the Nelscott beachside mixed use (NBMU) zone, the Oceanlake plan district (OPD) zone, and the vacation rental (VR) zone; and
iv. In no event shall the occupancy exceed three times the number of bedrooms in the VRD, plus one additional occupant, not to exceed a total of 16 occupants, except as allowed in subsection (B)(4)(a)(iii) of this section; and
v. The license shall state clearly the numeric occupancy limit for the dwelling, including specifically the number of bedrooms.
b. Structural Safety.
i. Bedroom Egress Windows and Doors.
(A) Bedrooms shall have an egress window or exterior door that is operable, with a minimum opening size of 5.7 square feet, and such window or door shall be not more than 44 inches above the finished floor;
(B) The recognized Oregon Building Code exception to reduce the 5.7-square-foot opening to a five-square-foot opening (for the ground floor only) is authorized;
(C) The vacation rental occupancy of the dwelling shall be reduced to conform to the available number of bedrooms with qualifying egress windows or doors and such limitations shall be clearly posted in the VRD;
(D) For construction predating July 1, 1978, the city manager or designee may reduce the minimum opening size or vary the height limit in subsection (B)(4)(b)(i)(A) of this section as follows:
(1) The opening size must be no smaller than 20 inches in width, and no smaller than 22 inches in height. The total minimum opening size can be no less than four square feet.
(2) If the window sill height exceeds 44 inches but is 52 inches or less above the finished floor, the noncompliance may be mitigated with the permanent installation of a step below the window. The step shall be no more than eight inches high and no less than nine inches deep and shall extend the full width of the window. As an alternative to the step, a ladder is permitted. Such ladder shall be permanently affixed, be at least 12 inches in width, and have rungs at least three inches from the wall. Rungs are not to be separated by more than 18 inches on center, vertically.
The above reductions and alterations are permitted only upon submittal of the owner’s executed hold harmless agreement with the city concerning the noncompliant construction; and
ii. Staircases with four or more risers and lofts, platforms, decks, or porches that are more than 30 inches above the floor below (if inside the dwelling) or above the finished grade (if outside the dwelling) shall have hand and/or guard railings. Interior and exterior hand railings shall be between 30 to 38 inches in height as measured from the toe of the stair. Guard rails shall be a minimum of 34 inches in height for stairs and at least 36 inches in height for flat surfaces. All hand and guard rails shall be secure, and guard rails shall have openings with a maximum width of nine inches (or the required width at the time the railings were installed if the required width was less than nine inches) between guard rails or on open stairs. The provisions of this subsection do not apply to landscape “stair” features except when such stairs provide direct access to the structure or accessory structure. The applicant has the option to close or improve a noncompliant feature, provided the feature does not provide needed access; and
iii. All electrical plug-ins and light switches shall have face plates; and
iv. Electric breaker boxes shall be unobstructed and shall have all circuits labeled, and all empty breaker spaces plugged; and
v. All exterior, kitchen, utility sink, and bathroom plugs shall have GFCI (ground fault circuit interrupter) protected plug receptacles; and
vi. All rooms used for sleeping and all hallways between a potential fire source and sleeping areas shall have functioning smoke detectors; and
vii. Functioning carbon monoxide alarms shall be installed if the unit (A) contains a heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or (B) includes an attached garage with an opening that connects directly with a living space. Such alarms shall be in compliance with State Fire Marshal rules and any applicable requirements of the State Building Code. A written notice containing instructions for testing the alarm shall be available at the premises; and
viii. Units shall have no obvious tripping hazards; and
ix. Vacation rental dwellings shall meet the building and specialty codes in effect at the time of their construction, and any alterations and repairs shall meet the building and specialty codes in effect at the time of their construction; and
x. Vacation rental dwellings shall have clearly visible house numbers and such numbers shall be illuminated or reflective to facilitate emergency response; and
xi. Vacation rental dwellings shall have posted the appropriate (north/south) DOGAMI Tsunami Evacuation Map. The map shall be a minimum size of 11 inches by 17 inches; and
xii. As regards any of the standards in subsections (B)(4)(b)(i), (ii) and (ix) of this section, a renewal application may satisfy the requirement to certify compliance with the above standards if the owner has agreed in writing to fully comply within a reasonable period of time (not to exceed 180 days) as set forth in a corrective order of the building official or planning director, as applicable.
c. Mandatory Postings. The vacation rental dwelling license issued by the city shall be affixed to a wall within the interior of the dwelling adjacent to the front door. At a minimum, the license will contain the following information:
i. A number or other identifying mark unique to the vacation rental dwelling license which indicates the license is issued by the city of Lincoln City, with the date of expiration;
ii. The name of the owner or local representative and a telephone number where the owner or local representative may be contacted at all times;
iii. The telephone number and website address of the city of Lincoln City and the Lincoln City police department;
iv. The number of approved parking spaces outside the garage and the maximum number of vehicles permitted on the property;
v. The maximum occupancy permitted for the vacation rental dwelling;
vi. Any prohibited occupancy, such as sleeping rooms not available for use due to parking or egress limitations;
vii. The solid waste collection day and requirement to place all garbage in approved containers;
viii. Required Lincoln City quiet hours pursuant to the noise ordinance (Chapter 9.10 LCMC) between 9:00 p.m. and 7:00 a.m.; and
ix. Any required information and conditions specific to the license.
d. Vector Control.
i. Vector control measures shall be employed to prevent vector infestations in vacation rental dwellings.
ii. Insect and rodent control measures to safeguard public health and to prevent nuisance to the public shall be applied. Developed areas, buildings, and structures shall be maintained free of accumulation of debris.
e. Spas and Swimming Pools. Any spa or swimming pool located at or operated in connection with a vacation rental dwelling must comply with the following requirements:
i. “Spa” means any pool designed primarily to direct water or air-enriched water under pressure onto the bather’s body with the intent of producing a relaxing or therapeutic effect. “Swimming pool” means an artificial structure and its appurtenances, which contains water more than two feet deep which is expressly designated or which is used with the knowledge and consent of the owner or operator for swimming or recreational bathing.
ii. Water quality shall be maintained within the following limits:
|
Parameter |
Minimum |
Ideal |
Maximum |
|---|---|---|---|
|
Free chlorine |
1.5 ppm |
3.0 ppm |
5.0 ppm |
|
Combined chlorine |
0 |
0 |
0.5 ppm |
|
Bromine |
3.0 ppm |
3.0 – 5.0 ppm |
8.0 ppm |
|
Total copper |
0 |
0 |
1.0 ppm |
|
Total silver |
0 |
0 |
0.05 ppm |
|
pH |
7.2 |
7.4 – 7.6 |
7.6 |
|
Total alkalinity as CaCO3 |
80 ppm |
90 – 110 ppm |
180 ppm |
|
Cyanuric acid |
0 |
0 |
150 |
|
Calcium hardness |
150 |
200 |
400+ |
|
Water temperature |
|
102 |
104 |
iii. Water quality shall be tested and the results logged on an appropriate form, not more than 24 hours before each change of occupants at the vacation rental dwelling. The water quality test results log must be made available for inspection by city staff upon request.
iv. Spa water shall be oxidized or superchlorinated as needed when combined chlorine exceeds spa water quality parameters as defined in this subsection.
5. No Pending Actions or Violations. The owner of a vacation rental dwelling shall not be the subject of a pending criminal action, or have received notice of violation or civil citation regarding compliance of the subject VRD property with any provision of the Lincoln City Municipal Code. A voluntary assurance of compliance, negotiated compliance agreement, or deferred sentence agreement, if approved by the court, will satisfy the requirement that there be no pending actions or violations.
6. Responsible Parties and Mandatory Record Keeping.
a. The owner and representative contact information must be provided to the city and kept updated:
i. Applicant and Owner Information. Owner’s name, and applicant’s name, if different, permanent residence address, permanent residence telephone number, and vacation home address and telephone number. At a minimum, the application must include the names, mailing addresses, and telephone numbers of all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property.
ii. Local Representative Information. The owner shall provide the name, address, and telephone number of a local representative who has authority to address questions, concerns and complaints about use of the vacation rental dwelling in a timely manner and in the event the owner is not available. The telephone number of the local representative shall be operative at all times including nights and weekends. The local representative shall be an individual whose permanent residence is within or no more than 10 miles of the Lincoln City urban growth boundary, or an individual staff of a business that manages rental of real property with a physical office open to the public within the Lincoln City urban growth boundary and staffed with at least one person. If permanently residing within the Lincoln City urban growth boundary, or within 10 miles of the Lincoln City urban growth boundary, the owner may be the local representative provided the owner meets all applicable requirements of this chapter.
iii. Change in Contact Information. Except when to do so is beyond the owner’s control, the owner shall revise the license information for the owner or local representative a minimum of 14 days prior to the date the change takes effect and pays any applicable fee.
iv. Posting of Contact Information. Owners shall post a small placard or sign on the front facing side of the building advising neighbors and tenants of the name and telephone number of the VRD local representative; alarm signs should be located next to this sign.
b. Mandatory Occupancy Records. [Reserved]
7. Required Certifications. To be approved or renewed:
a. An owner (all owners in the event of shared ownership) of a vacation rental dwelling shall submit the following certifications under penalty of perjury and false swearing:
i. That the VRD application submittal information is true and correct; and
ii. That except for noted exceptions to the ownership limitation authorized by law, no person identified as an owner on the application for a VRD in a residential zone also owns other property in a residential zone in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use; and
iii. That the dwelling complies with all continuing operational requirements and standards of this chapter, including but not limited to all health and safety standards; and
iv. That the owner has liability insurance which expressly covers the vacation rental operations on the subject property in the amount of at least $500,000, combined single limit; and
v. That the owner has subscribed to solid waste collection service for the subject property; and
vi. That the property currently complies with the parking and landscaping standards contained in or by reference incorporated into this chapter; and
vii. That all improvements on the subject property are in compliance with applicable building codes in effect at the time the improvements were constructed or that such noncompliances are subject to a corrective order approved by the building official; and
viii. That there are no pending city of Lincoln City enforcement actions concerning the subject property or that such violations are subject to a court approved resolution; and
ix. [Reserved]; and
x. [Reserved]; and
xi. That the owner is solely responsible for obtaining all approvals, permits, licenses or authorizations from responsible federal, state, county, city or other local authorities necessary to use the property and facilities thereon in the manner contemplated and that the owner has obtained all such required approvals or authorizations; further, the owner shall acknowledge that any license or permit granted by the city shall not in any way be interpreted as a waiver or modification of any other federal, state, or local requirements or authorize any violation of federal, state or local law; and
xii. That the owner or property complies with any additional certifications identified on the application form approved by the city council by resolution.
b. Applicants are advised that providing false information under oath or affirmation may constitute the crime of false swearing (ORS 162.075) or perjury (ORS 162.065); providing unsworn false information in the application to the city may constitute the crime of unsworn falsification (ORS 162.085). (Ord. 2022-18 § 1; Ord. 2019-08 § 1; Ord. 2016-26 § 1; Ord. 2016-14 §§ 3 – 5; Ord. 2015-04 § 1; Ord. 2014-30 § 1; Ord. 2014-07 § 2)
5.14.070 Additional operational requirements.
A. Maintenance of Guest Register. The owner shall be responsible for maintaining a guest register for each tenancy of the vacation rental with a record of all vacation rental dwelling occupancy days. The register shall include the name, address, and telephone number of the tenants and the dates of the rental period. The register shall be available for city inspection upon request. If copies of a register are required, the register information shall be treated as confidential to the extent allowed or required by law.
B. Response to Complaints.
1. In addition to the owner, the local representative shall be authorized to respond to tenant and neighborhood questions, concerns, or complaints, and shall respond to any complaints in a timely manner. The owner or local representative is the contact person for questions or complaints regarding the occupancy of the vacation rental dwelling. The owner or local representative shall be available to respond to complaints in a timely manner as may be considered reasonable depending on the circumstances, to ensure use of the vacation rental dwelling complies with the standards for vacation rental dwelling occupancy, city ordinances, and state law.
2. Log of Complaints. The owner or local representative shall maintain a contemporaneous written record of the date, time, and nature of any complaint received and the action taken in response to the complaint. This record shall be made available for city inspection upon request and shall be provided with an application to renew a license.
C. Change in Contact Information. The owner shall revise the license information for the owner or local representative at any time provided the owner submits the revised information no later than 14 days prior to the date the change takes effect and pays any applicable fee. The purpose of such requirement is to maintain current information and to provide the revised information to surrounding property owners, as required in subsection (D) of this section.
D. Notice of Contact Information. The city will send notice to owners of property within 250 feet of the property and including the name, address, and telephone number of the local representative as provided in a license, license renewal, or change in contact information, so that property owners may contact the local representative to report problems associated with the occupancy or use of the vacation rental dwelling. The owner shall be responsible for paying any fee for the costs of mailing such notice, as established by resolution of the city council.
E. Inspection Requirements.
1. At the time of application for a new or renewed vacation rental dwelling license, the dwelling unit shall be subject to inspection by the planning and community development department or building inspector for the purpose of verifying the vacation rental dwelling complies with this subsection including an approved and properly functioning smoke alarm or smoke detector is installed on each floor, in each guest room in accordance with ORS 479.255, and in each common hallway, and at least one smoke detector or smoke alarm for hearing-impaired persons and one door knock device is installed as applicable or required by ORS 479.257.
2. If the vacation rental dwelling unit does not meet the requirements of subsection (E)(1) of this section at the time of inspection, the owner shall request reinspection within 30 days. The city shall not take any action on the application for license until the inspection requirement is satisfied.
3. The city may adopt by resolution a fee to provide for a request for reinspection under this subsection. As necessary and required to accommodate city resources including available budget and personnel, the city may provide by resolution a schedule of reinspection for license renewals so that a vacation rental dwelling conducted under the same and continuing ownership is periodically reinspected for conformance with license standards including smoke alarm and smoke detector requirements.
4. The requirement to use a vacation rental dwelling in conformance with smoke detector or smoke alarm requirements of this subsection is a condition of approval of the vacation rental dwelling license and an additional operational standard. Failure to meet this standard is a violation enforceable as a Class B violation.
5. In lieu of requiring inspection and a program of reinspection for smoke detectors or smoke alarms under subsection (E)(1) of this section, the city may require an applicant to certify the dwelling meets the required standards for smoke alarms or smoke detectors as established in that subsection.
F. License Display. The vacation rental dwelling license issued by the city shall be affixed to a wall within the interior of the dwelling adjacent to the front door. At a minimum, the license will contain the following information:
1. A number or other identifying mark unique to the vacation rental dwelling license and which indicates the license is issued by the city of Lincoln City, with the date of expiration;
2. The name of the owner or local representative and a telephone number where the owner or local representative may be contacted at all times;
3. The telephone number and web site address of the city of Lincoln City and the Lincoln City police department;
4. The maximum number of vehicles allowed parked on the property;
5. The solid waste collection day;
6. Required Lincoln City quiet hours; and
7. Any other information required to be included in the displayed license including any conditions specific to the license.
G. The owner shall comply with all standards of license issuance.
H. Violations. Failing to meet any of the ongoing operational requirements of this chapter including LCMC 5.14.055(A), (B), (E) and (F) and subsections (A), (B), (C), (F), and (G) of this section, including failing to display the license as required, is a violation of this chapter that may be enforced as a Class B violation, and is declared a nuisance that may be enjoined as allowed by law. The planning and community development director or his designee is authorized to issue a notice of violation of this chapter with or without an order to immediately cease and desist all use as a vacation rental. Conviction of a violation of this chapter may be grounds to revoke a license or not renew a license as provided in this chapter. (Ord. 2015-10 §§ 5, 6; Ord. 2009-03 § 1)
5.14.080 License renewal.
A. If a revocable vacation rental dwelling license is not renewed as required in this section, the use shall be presumptively deemed discontinued and the license shall expire as provided in this subsection.
B. Renewal Application Process. A person engaging in rental of a vacation rental dwelling pursuant to an approved license shall apply to renew the vacation rental dwelling license on forms provided by the city, as follows:
1. The city hereby establishes four quarterly renewal dates, as follows:
a. First quarter: January 1st;
b. Second quarter: April 1st;
c. Third quarter: July 1st;
d. Fourth quarter: October 1st.
2. The planning and community development director will assign each new license and existing license to one of the four quarterly renewal dates. The one-year period commencing on the quarterly renewal date is the license year for corresponding vacation rental dwelling. For the first year of each new or renewed license under this section, the license fee shall also be prorated to the assigned quarterly renewal date.
3. Renewal Period. A completed license renewal application and renewal fee, as established by city resolution, are due no earlier than 30 days before the assigned quarterly renewal date and no later than 30 days after the assigned quarterly renewal date. The city may impose a late fee for renewal applications submitted beyond the 60-day renewal period, as established by resolution.
4. Late Applications – Expiration. If the city has not received a completed license renewal application and renewal fee accompanied by the applicable fee by 30 days after the assigned quarterly renewal date, the vacation rental dwelling license is subject to expiration as of the assigned quarterly renewal date. The expiration will take effect 10 days after the date the city mails notice to the owner, unless the owner submits a renewal application with required fees including any late fees within the 10-day notice period. After a license expires and is not renewed, the property may not be lawfully used as a vacation rental dwelling unless a new vacation rental license is obtained by the owner.
C. Notice. The city shall send notice of expiration under subsection (B)(4) of this section to the owner of any property for which a timely renewal application has not been received. An application will nevertheless be considered timely submitted if the city receives a completed renewal application from the owner, accompanied by the required fees, within the 10-day late period.
D. License Expiration. If the owner does not submit a renewal application as required under subsection (B) of this section, the license in effect for the prior year shall expire effective as of the assigned quarterly renewal date without further action or notice by the city.
E. Renewal Standards. The city will review an application for license renewal and issue a renewal of the vacation rental dwelling license provided the following standards are met:
1. The licensee has provided all required application information within the time required, and all requirements of this chapter are met;
2. The vacation rental dwelling use of the property has been previously approved under LCMC 17.80.050 and the approval remains valid;
3. The owner has fully complied with Chapter 3.04 LCMC (Transient Room Tax) including submitting the required report for the last quarter of the license year;
4. Staff has reviewed the licensee’s complaint log required by LCMC 5.14.070(B)(2) to determine the nature of complaints, if any, and whether complaints were timely addressed by the owner or local representative. Where city records show more than one complaint about the vacation rental dwelling occupancy was received during the license year, including any complaints that remain unresolved, the applicant shall bear the burden of proof of demonstrating complaints have been satisfactorily resolved or the complaints are not reasonably applicable to the occupancy of the vacation rental dwelling;
5. The license subject to renewal is current, valid, and has not been suspended or revoked;
6. The property has been inspected for compliance with LCMC 5.14.070 within the last three years, either by approval of occupancy by the city building inspector in the final completion of a building permit or by compliance notice of the responsible city staff, or otherwise complies with LCMC 5.14.070(E);
7. The property has generated at least $500.00 from rental occupancy during the previous year as demonstrated by transient room tax reports filed pursuant to LCMC 3.04.070. The person responsible for receiving the transient room tax reports and verifying the amount of tax due will determine whether this standard is met by providing a summary determination to the department responsible for processing the renewal application. Where a cap is imposed, a new or renewal VRD license shall not be issued if the VRD has not obtained or maintained a VRD license in the preceding six-month period and the VRD has been rented at least 30 days in that license year. An accessory license may be issued to a VRD that does not meet the 30 days or more standard. Information provided by the owner under Chapter 3.04 LCMC shall be kept confidential to the extent allowed or required by law; and
8. The property continues to meet the standards for parking, solid waste, landscaping, irrigation and signs, as provided in LCMC 17.80.050(B).
F. If the application does not meet all requirements of subsection (E) of this section, the city will not renew the license and the property shall not be used as a vacation dwelling.
G. Notice. Notice of decision on a renewal application shall be mailed as provided in LCMC 5.14.070(D).
H. A decision on a license renewal may be appealed as provided in LCMC 5.14.090. (Ord. 2017-19 § 1; Ord. 2017-13 § 2; Ord. 2009-03 § 1)
5.14.090 Appeals of VRD license determinations.
A. Authority to Decide Appeal. As authorized in Chapter 2.18 LCMC, a VRD license appeals board shall be responsible for determining an appeal of a decision approving or denying an application or renewal application for a vacation rental dwelling license, or revoking or suspending a VRD license, in any zone.
B. Standard of Review. The board shall determine whether the city’s decision is reasonable and based on a preponderance of the evidence.
C. Jurisdictional Filing Requirements – Notice. The licensee or license applicant and any person entitled to notice of license issuance may appeal a VRD license decision.
1. An appellant is required to file a written notice of appeal including the basis for the appeal within 12 days of the license determination being appealed. The basis for appeal must include a statement explaining why the director’s decision is in error, including citation to the applicable law. The basis must identify either a procedural error, a misapplication of the applicable law (or application of the wrong law), or a lack of substantial competent evidence supporting the director’s decision. Failure to strictly observe the appeal deadline or any of the substantive requirements in this section is a jurisdictional defect and results in summary dismissal of the appeal.
2. The city council may establish by resolution a fee for filing an appeal, which shall be jurisdictional. The fee shall be sufficient to recover the average or actual costs of mailing notice of hearing and conducting the hearing.
3. At least 10 days before the hearing, notice of hearing on appeal will be mailed to owners of property within 250 feet of the property subject to the application.
D. The city manager or the city manager’s delegate may establish administrative procedures to implement the appeal procedures provided in this subsection, including any required forms.
E. Hearing. Within 14 days of receiving the notice of appeal, the city manager shall schedule a hearing on the appeal before the VRD license appeals board, to be heard at the next available meeting date.
1. At the hearing, parties to the appeal shall have the opportunity to present evidence and arguments, including witness testimony. The city shall maintain a summary record of proceedings, including the date and time of hearing, the names of the parties and witnesses, if any, a list of documents or evidence submitted, and the nature of the oral decision, if any, made at the conclusion of the hearing. In the event an interpretation of the city council is required, the hearing may be stayed to allow the city council sufficient time to issue the interpretation.
2. A decision of the board shall be reduced to writing and signed by the chair.
3. Decisions on license appeals shall be issued within 60 days of the date of the close of the public hearing on the matter.
4. The board’s decision shall be final on the date of mailing the decision to the appellant. The board’s decision is the final decision of the city and is appealable only by writ of review to circuit court.
F. Procedures. The VRD license appeals board may adopt and publish procedures for hearings not in conflict with this subsection, including but not limited to time limits on oral testimony and limitations on written argument. (Ord. 2020-23 § 1; Ord. 2009-03 § 1)
5.14.100 Complaints.
A. The city manager or the manager’s designee is authorized to implement an administrative procedure to document and respond to complaints about occupancy and use of a vacation rental dwelling.
B. In response to a complaint concerning the occupancy or use of a vacation rental dwelling, city staff including but not limited to the Lincoln City police department shall make at least three attempts to contact the owner and local representative using the information provided in the application for the vacation rental dwelling license. If neither the owner nor the local representative is available, the person receiving the complaint shall document the nature of the complaint and the efforts to reach the owner and local representative including the results of those efforts, and forward a copy of the report to the city manager or the city manager’s designee. On request and in compliance with the public records law, the city shall provide the owner and local representative with the information in the complaint.
C. Timely Resolution of Complaints. The owner and the local representative jointly shall be responsible for ensuring that complaints are resolved in a timely manner. For the purposes of this section, “timely” means within one hour of receiving the complaint, whether from the city or from any other complainant. Except for noise complaints, complaints received after 9:00 p.m. and before 7:00 a.m. are considered timely if they are resolved by 8:00 a.m. The owner’s and local representative’s joint responsibility for resolving complaints does not mean both must respond to and resolve each complaint.
Within 20 days of receiving an oral or written complaint relayed by city staff, the owner must provide the city an explanation in writing of the action taken (including no action) in response to the complaint. The explanation shall be mailed to the city, who may notify the complainant of the response.
D. Failure of the owner or local representative to timely and reasonably respond to a complaint relayed by city staff on at least two separate occasions within the license year shall constitute a violation of this chapter and a Class C civil infraction enforced against the owner and local representative under Chapter 1.16 LCMC. In addition to authority to impose fines and penalties as provided by law, the municipal court shall notify the city manager or his designee of any judgment of conviction for violation under this subsection within 10 working days of entry of judgment. Upon receiving such notice of conviction from the municipal court, the city manager or the city manager’s designee shall initiate proceedings to revoke the vacation rental dwelling license for the property naming the property owner. The revocation shall be conducted under the notice and hearing procedures provided in LCMC 5.14.090 for appeals of license decisions. (Ord. 2016-14 § 6; Ord. 2015-10 §§ 5, 6; Ord. 2009-03 § 1)
5.14.110 Revocation procedure.
A. For the first violation of any provision of LCMC 5.14.055 through 5.14.080 pertaining to operational requirements within a 12-month period, the sanction for violation may be a warning notice. If the same offense continues to occur or a second offense occurs at any time during a 12-month period, the penalty for conviction shall be not less than $250.00. In addition the license shall be subject to revocation.
B. If the vacation rental dwelling license is suspended or revoked as provided in this section, the city manager shall send written notice of suspension and revocation to the owner stating the basis for the decision. The notice shall include information about the right to appeal the decision and the procedure for filing an appeal.
C. The owner may appeal the city manager’s decision to revoke the license by filing a letter of appeal to the board within 12 days after the date of the mailing of the city manager’s decision. The appellant shall pay a revocation appeal fee as established by resolution of city council. Upon receipt of an appeal, the city manager shall stay the revocation decision until the appeal has been determined by the board. The board’s decision shall be final and not subject to further city appeal.
D. The procedure for conduct of the appeal of an administrative decision to suspend or revoke a vacation rental dwelling license shall be conducted as provided in LCMC 5.14.090 for appeals. Notice of the appeal shall be mailed to the owners of property located within 250 feet of the property subject to the license revocation.
E. If the board upholds the decision to revoke the license, the board shall order the owner to discontinue use as a vacation rental dwelling. Notice of revocation shall be mailed to property owners within 250 feet of the property subject to the license revocation. (Ord. 2009-03 § 1)
5.14.120 Discontinuance of vacation rental dwelling occupancy.
A. After Revocation. After a vacation rental dwelling license has been revoked, the dwelling unit may not be used or occupied as a vacation rental dwelling, and the owner of the property to which the license applied and whose license has been revoked shall not be eligible to reapply for a vacation rental dwelling license for vacation rental occupancy of the same property for a period of 12 months from the date of revocation. If the city revokes an owner’s vacation rental dwelling license for a property on two separate occasions, the owner shall not be eligible to reapply for a vacation rental dwelling license for that property.
B. After Expiration. After a vacation rental dwelling license has expired, the dwelling unit may not be used or occupied as a vacation rental dwelling. The owner of the property to which the license applied and whose license has expired shall be required to apply for and obtain a vacation rental dwelling license before the property may be lawfully used or occupied as a vacation rental dwelling. (Ord. 2009-03 § 1)
5.14.130 Violations – Penalties.
A. Any violation of this chapter may be enforced as a Class B violation as provided in Chapter 1.16 LCMC and subject to the penalties established in that chapter. Each day in which a dwelling is used in violation of this chapter shall be considered a separate violation.
B. The following conduct constitutes a violation of this chapter:
1. Providing false information in the application for license or license renewal;
2. Representing a dwelling as available for occupancy or rent as a vacation rental where the owner does not hold a valid vacation rental dwelling license issued under this chapter, or making a vacation rental dwelling available for use, occupancy or rent without first obtaining a valid vacation rental dwelling license;
3. Advertising, renting, using, or offering for use, occupancy or rent, a vacation rental dwelling in a manner that does not comply with the standards of this chapter, including but not limited to failing to maintain or provide on request of the city the required guest register or complaint log information, or in the event a change occurs in the name, address or telephone contact of the local representative, failing to provide such information no later than the date of the change;
4. Failing to comply with the requirements of Chapter 3.04 LCMC; or
5. Failing to comply with the licensing and operational requirements of this chapter including but not limited to the requirements listed in LCMC 5.14.070(G). Evidence proving any of the following establishes a rebuttal presumption of violation of these standards:
a. Trash or litter is present on the property and not contained in solid waste containers;
b. While believed occupied as a vacation rental dwelling, the number of vehicles parked on the property exceeded the number of vehicles allowed;
c. The owner or local representative failed to respond to an inquiry or complaint as established in LCMC 5.14.100;
d. The tenants of the vacation rental dwelling created noise, disturbance, or a nuisance in violation of the Lincoln City Municipal Code;
e. The tenants of the vacation rental dwelling violated state law pertaining to the consumption of alcohol or the use of illegal drugs.
For purposes of this subsection, “violation” means a violation that has been adjudicated by a court of competent jurisdiction whose final order and judgment is not subject to further appeal or has not been appealed.
C. In addition to or in lieu of enforcing a violation under subsection (B) of this section, the city of Lincoln City may file an action regarding use or occupancy of a vacation rental dwelling with the VRD license appeals board. The action shall be filed and a hearing conducted as for an appeal allowed under the Lincoln City Municipal Code and this chapter, except that no filing fee shall be required. (Ord. 2015-10 §§ 5, 6; Ord. 2009-03 § 1)