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HomeMy WebLinkAboutpublication.date.02-24-2022 - Admin Ad#:CyQvBbXSBeDBEp2ftZuV Customer:Julia Ely 8CD06 PUBLIC NOTICE 2-24-2022_100 PROOF OF PUBLICATION ASPEN TIMES STATE OF COLORADO} SS COUNTY OF PITKIN} I,Allison Pattillo,do solemnly swear that I am Publisher of,says:The Aspen Times,thatthe same weekly newspaper printed,in whole or in part and published in the County of Pitkin,State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement;that said newspaper has been admitted to the United —= ----- -- —States mails as a periodical under the provisions of the Act of March 3,1879,or any amendments thereof,and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion;and that the first publication of said notice was in the issue of said newspaper dated 24 Feb 2022 in the issue of said newspaper. Total cost for publication: $0.00 That said newspaper was regularly issued and circulated on those dates. ULAviDAIL Publisher Subscribed to and sworn to me this date, 02/24/2022 - ost, �1 - Notary Public,Pitkin County,Colorado My commission expires:August 19,2024 Lori A McCole NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204031017 MY COMMISSION EXPIRES September 9th.2024 Advertiser: PITKIN COUNTY FINANCE(LEGAL) 530 E MAIN ST,2ND FL ASPEN,Colorado 81611 9709205223 8CD06 PUBLIC NOTICE 2-24-2022_100 - Page 1 of 1 Account No. 1013902 PUBLIC - Purchase Order Number 100 Published February 24, 2022 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: Unless otherwise notified all regular and special meetings will be held in the_BOCC Meeting Room first floor Administration/Sheriff's Building 530 East Main Street,Aspen, CO 81611 All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at: https://pitkincounty.com/1001/Events-Agendas or call 920-5200 for meeting times for special meetings. Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours 8:00—5:00 in the Clerk to the Board of County Commissioners office, 530 East Main Street, Aspen Colorado at: https://pitkincounty.com/1001/Events-Ag NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY,MARCH 9, 2022: Resolution to Amend Passenger Facility Charge (PFC)No. 15-09-C-00 ASE with the FAA to Reflect Change in Project Scope Resolution Amending Resolution No.150-2018 Authorizing an Amended Agreement with Mountain Rescue Aspen for Provision of Search and Rescue Service Ordinance of the Board of County Commissioners Amending Title 6 of the Pitkin County Code to Adopt Laws Pertaining to the Licensing and Regulation of Short-Term Rental of Lodging Units and Residential Properties: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING TITLE 6 OF THE PITKIN COUNTY CODE TO ADOPT LAWS PERTAINING TO THE LICENSING AND REGULATION OF SHORT TERM RENTAL OF LODGING UNITS AND RESIDENTIAL PROPERTIES RECITALS 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended. 3. In 2020, the Colorado Legislature adopted an amendment to the County General Police Powers Statute and delegated to counties the ability to license and regulate lodge units rented for short-term stays. 4. This Regulation is established in order to license and regulate short term rental activity in unincorporated Pitkin County. 4. Authority to enact these regulations is specifically found in House Bill 20-1093, codified at C.R.S. § 30-15-401 (1)(s), which delegates to the counties of the State of Colorado the ability to license and regulate residential Dwelling Units used as Lodging Units for Short Term Stays. 5. To implement this delegation of authority these regulations are adopted in order to fully establish a system of registration, tax collection, and regulation of Short Term Rental activity for the health, safety and welfare of the citizens and property owners of Pitkin County. 6. These regulations do not apply or pertain to hotels, motels, lodges, resort cabins, guest ranches, country inns or bed and breakfast establishments as these are defined in the Pitkin County Code and the Land Use Code Chapter 11 in particular. 7. These regulations shall be adopted as Section 6.50 of the Pitkin County Code in substantially the form attached hereto as Attachment 2 and may be referred to as the"Pitkin County Short Term Rental Code". 8. The Board finds that adoption of this ordinance is necessary for the preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this legislation to be effective April 30, 2022. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Amending Title 6 of the Pitkin County Code to Adopt Laws Pertaining to the Licensing and Regulation of Short Term Rental of Lodging and Residential Properties in a form similar to that attached and authorizes the Chair or the Chair's designee to sign the Ordinance upon the satisfaction of the County Attorney as to form, and to execute any other associated documents necessary to complete this matter. ATTACHMENT Pitkin County Code— Title 6: Health and Safety 6.50 Short Term Rental Code 6.50.010 Purpose and Intent This Regulation is enacted in order to license and regulate short term rental activity in unincorporated Pitkin County. Authority to enact these regulations is specifically found in House Bill 20-1093, codified at C.R.S. § 30-15-401 (1)(s), which delegates to the counties of the State of Colorado the ability to license and regulate residential Dwelling Units used as Lodging Units for Short Term Stays. To implement this delegation of authority these regulations are adopted in order to fully establish a system of registration, tax collection, and regulation of Short Term Rental activity for the health, safety and welfare of the citizens and property owners of Pitkin County. These regulations do not apply or pertain to hotels, motels, lodges, resort cabins, guest ranches, country inns or bed and breakfast establishments as these uses are defined in the Pitkin County Land Use Code. These regulations may be referred to as the "Pitkin County Short Term Rental Code." 6.50.020 Defined Terms Applicant; a natural person who is the owner, or is in an ownership position, of a property proposed for a short term rental license. An applicant must use the licensed property as their principal residence. Bed and Breakfast; the provision of short term room and board in a dwelling unit as an incidental use to that of its continued occupancy as a principal residence. Board; the Board of County Commissioners Dwelling Unit; a building or portion of a building that is designed for or can be used as a residence or sleeping place of one or more people. Licensing Authority; individual or office in the County administration vested with the responsibility to administer and enforce this Code. The Licensing Authority may delegate tasks associated with administration and enforcement of this Code. Lodging Unit; all or part of a dwelling unit or a structure accessory to a dwelling unit rented as a lodging accommodation. Principal Residence; the location where an owner, or a person in an ownership position, maintains their legal residence and place of usual habitation during the term of a short term rental license issued pursuant to this Code. A person can have only one principal residence. Owner's Agent; any person or entity authorized to represent and act on behalf of a property owner. Short Term Stay or Rental; any dwelling unit rented, offered, leased,provided, exchanged or operated as a lodging accommodation for compensation for a period less than 30 consecutive days. 6.50.030 Effective Date and Unlawful Acts This Code is effective upon the terms of the adopting ordinance of the Board of County Commissioners. Upon the effective date it shall be unlawful for a property owner or the owner's agent to rent or advertise for rent, offer, lease,provision, or exchange a dwelling unit for a term of less than 30 days unless the owner has a license from Pitkin County to conduct such activity. The issuance of a license under this Code does not override any zoning restrictions, terms of development approvals, or restrictive or private covenants that affect the use of the property. Licenses are not available for employee, affordable or other managed or covenant restricted housing. The issuance of a license shall not confer an entitlement or vested right in the continuation of the license. All advertisements for short term rental must include within the advertisement the license number associated with the property for rent. Licenses are not transferable from one individual to another. 6.50.040 Licensing Authority The Licensing Authority is the individual or office within the County vested with the responsibility to administer and enforce this Code. The Licensing Authority is appointed by the County Manager with consultation with the Board. The Licensing Authority shall: 1. Receive and determine applications and issue licenses under this Code. 2. Adopt all forms to be used with these processes and request relevant and necessary information to be provided in applications. 3. Submit all applications to interested County Officials, as needed, for their review and comment as to compliance by the applicant with all County Codes and regulations which they have the duty to enforce and to the general appropriateness of granting an application. 4. Investigate and determine the eligibility of any applicant and property for a license as required by this Code. 5. Notify any applicant of the determination of their application and,upon the applicant's request, state in writing the reasons therefor and deliver it to the applicant. 6. Impose appropriate restrictions on any short term rental license issued under this Code consistent with the requirements of this Code. 7. If determined to be appropriate, to refer an application to the Board at any time or any reason for the Board's determination. 6.50.050 Licensing Procedure, Criteria and Requirements 6.50.051 Licenses. The Licensing Authority shall issue licenses on behalf of the Board. Actions of the Licensing Authority issuing or denying licenses may be appealed by any interested party to the Board within 10 days of the licensing action. Such appeals are handled de novo without limitation to the record of the Licensing Authority action. Licenses are not transferable including to any other owner of the property or subsequent purchaser of licensee's interest. Records of all applications and actions taken regarding any application or license shall be maintained by the Licensing Authority. Notice of an application shall be mailed to all adjoining property owners for comment prior to a determination. Mailed notifications are not required for renewal applications. 6.50.052 Application procedure. An application may only be made by a natural person who is the owner, or is in an ownership position, of a property proposed for a short term rental license. An applicant must use the property as their principal residence. If the application is submitted by someone with less than a full fee interest in the property, documentation of permission for the rental activity from the other owners must also be provided. All applications for licensing shall include the following information: 1. Property owner's name and the address of the property to be licensed. Signature of the applicant. At least two (2) of the following documents indicating that the short-term rental is the applicant's principal residence: a. valid Colorado driver's license; b. valid motor vehicle registration; c. voter registration; d. Federal or state tax return; e. other legal documentation deemed sufficient by the Licensing Authority which is pertinent toward establishing principal residence. 2. Size of the residence to be rented and whether the entire residence is available for rent or only a portion. 3. Number of bedrooms and bathrooms in the residence available for rent and in total. 4. Size of the property on which the residence is located and its zoning designation. 5. Maximum number of renters or guests intended to occupy the rented residence. 6. Identity and contact information of any third party managers or agents having control of the property while it is rented and having the ability to respond to complaints and problems associated with the property. 7. All previous notices of code violations, warnings, or complaints concerning the property. 8. Source of water for the residence and if the residence is on a sewage collection system or an on-site wastewater treatment system. 9. Number of nights in the license term that are available for rental and if rental activity is year round or if it is seasonally or otherwise limited. 10. Affirmation of the owner of the presence in the residence of working smoke and carbon monoxide detectors and fire extinguishers. 11. Any additional information that the Licensing Authority believes might be useful in determination of the application. 6.50.053 License Application Evaluation Criteria All applications for licenses will be evaluated against the following criteria and obligations as well as all other provisions of this Code: 1. Compliance with all County Codes, including but not limited to building, zoning, environmental and energy codes. All licensed properties must also comply with the pertinent local Fire District's code and regulations. 2. Current registration for sales tax collection. 3. Presence of working smoke and carbon monoxide detectors and fire extinguishers. 4. Sufficient potable water and functioning septic or wastewater collection system. 5. Appropriate limitation of number of renters or guests for the size of the residence and the number of bedrooms and bathrooms. The number of renters and guests must not exceed twice the number of bedrooms plus two. 6. Appropriate limitation in the number of nights available for rental. 7. Availability of the owner or manager of the property during times the property is rented to address any issues relating to the residence or complaints concerning the residence. 8. Satisfactory measures taken to address any safety concerns with the residence. 9. Adequate parking plan for renters and guests. 10. The degree the rental operation may negatively impact or is detrimental to the character of the community and neighborhood of the property. 11. Licenses are not available for employee, affordable or other managed or covenant restricted housing. 12. No license shall issue for a property which is not an owner/applicant's principal residence. 13. No license shall issue for any property in the Rural and Remote zone district. 6.50.054 Reasons for Denial of an Application A Short Term Rental license application may be denied for the following reasons in addition to other grounds established in this Code: 1. The initiation or investigation by the County of any code compliance or enforcement proceedings as set forth in any of the County Codes. 2. If the applicant has had a prior short-term rental license suspended or revoked or has been cited for violating any provision of this Code or if the property's maintenance and safety has been called into question. 3. If the applicant is delinquent in the payment of any outstanding fees, fines or taxes owed concerning the property. 4. If there are any private governing documents, including, without limitation, conditions, covenants and restrictions that are valid and enforceable which restrict the use of the property for short term rental purposes as defined in this Code. 5. If the applicant fails to provide any of the requested or required application information described in this Code. 6. Failure to satisfy any of the criteria described in this Code. 6.50.055 License Requirements All properties licensed for short term rental activity shall comply with the following ongoing requirements. These requirements are necessary for maintaining the license issued under this Code. Failure to comply with these requirements may result in a fine, suspension or revocation of the license. 1. Licensee must display a copy of the license on the inside of the front door of the residence. 2. Licensee will continue to periodically inspect the adequacy, location and functionality of smoke and carbon monoxide detectors and fire extinguishers in the residence. 3. Licensee must maintain a current list of management personnel and contact information with the Licensing Authority. 4. Licensee must maintain current contact information for themselves with the Licensing Authority. 5. Licensee must maintain the residence in a state of compliance with all Pitkin County Codes and Regulations and any terms of the license issued through this Code. 6. Licensee must insure that the licensed property is maintained in a neat, orderly and safe condition at all times during the term of any license issued through this Code. 7. Licensee must insure that the renters and their guests do not cause excessive noise or other disturbances, disorderly conduct, or violation of any applicable law or regulation pertaining to the rental of the property or adversely affect any of the other residents in the vicinity of the licensed property. 8. Licensee must insure that renters and guests do not park on County roadways or in any manner that would impede traffic on County roadways or access easements for other properties. 9. Licensee must limit number of renters and guests to no more than that allowed under the license. 10. Licensee must remain current with all sales tax and property tax obligations relating to the licensed property. 11. If the licensed property is sold or otherwise conveyed or transferred, the Licensing Authority must be informed immediately. 12. Licensee must place within the residence on the inside of the front door and on the outside of a prominent kitchen cabinet a notice to the renters and guests advising not to engage in any activity which would disturb the neighborhood, instructions for disposal of trash, location for parking vehicles, local animal control regulations including excrement pick up and leash requirements and the means for accessing Pitkin Alert emergency messaging system. The notice shall also have contact information for the owner and/or management personnel. The content of this notice shall also be contained in the lease document. 13. Either the licensee or management personnel must be available to immediately respond to any emergency during any rental period. The owner or any manager or agent must respond to complaints within 24 hours of notice and have the authority to address any complaints. 14. Licensee or manager must advise renters and guests of any fire bans or restrictions as they become ordered. 15. Licensee must insure that all fireplaces and wood stoves are cleaned and maintained. 16. Licensee must provide trash receptacles and recycle bins and bear proof collection containers for trash pick-up. 17. Licensee must test and treat any hot tubs, spas and pools at least weekly or as required by environmental health or state regulations. 18. Licensee must update all contact information and all representations regarding the residence and its rental that were provided in the application if there are any changes to that information. 6.50.060 Term of License,Renewal and Fees The term of all licenses and renewals shall be for one year. A licensee shall submit a renewal application no sooner than 30 days before the expiration of the license. Renewal applications may be processed administratively in the same manner as an original license provided there have been no violations of the terms of the previous license or any Pitkin County Codes, Regulations or the license issued under this Code. If violations have occurred, then the renewal application shall be determined by the Board. Renewal applications shall contain a description of all previous violations and complaints and their outcome or resolution. The Licensing Authority shall not accept an application for renewal of a license after 30 days following the expiration of a previously issued license. If more than 30 days have passed since the expiration of a previously issued license, then a new license application must be made. Fees charged for license applications and renewal applications shall be set by the Licensing Authority from time to time with consultation with the Board. The fees will be designed to sufficiently cover the costs of the administration and enforcement of this Code. 6.50.070 Inspection By signing and submitting a license application, and subsequently being granted a license, the owner(s) of the property consent to inspections of the property by Pitkin County personnel and individuals accompanied by Pitkin County personnel for the purpose of determining compliance with County codes, regulations and laws. No inspection will be made without first giving the licensee, their agent or manager, 48 hours notice of the inspection. 6.50.080 Signs Advertising signs, logos or realtor signs shall not be permitted on any licensed property unless the property is listed for sale. The only sign permitted on a licensed property relating to the rental operation shall be for address identification. 6.50.090 Violations, Enforcement and Penalties Any complaint received regarding the short term rental of property will first be referred to the licensee or licensee's agent for response and correction. The Licensing Authority will follow up with any complaining party, the licensee or their agent for compliance or resolution. Any repeat complaint or unaddressed notice of violation of Pitkin County Codes, Regulations or the requirements of any license issued under this Code shall be referred to either the Licensing Authority or the Pitkin County Attorney's Office and investigated, if appropriate. Upon investigation, if it is determined there are grounds to believe a violation may have occurred, a hearing on the violation will be presided over by the Pitkin County Hearing Officer for a determination of whether a violation has occurred. Upon the Hearing Officer's determination that a violation has occurred, the Board shall determine the appropriate action to be taken regarding the license. The consequence of a violation may be no action regarding the license, the suspension of the license for a set time, or the revocation of the license. If a violation is determined to have occurred, the costs of enforcement of this Code, including any hearings required, will be paid by the licensee. If the licensee disagrees with the determination of the Hearing Officer, an appeal must be requested within 5 business days of the determination and shall be heard by the Board at the same time as the imposition of a penalty regarding the license. Any violation of this Code or licensing requirements will also be subject to a fine against the licensee of up to $1,000.00 per occurrence. Each day a violation exists shall be considered a separate occurrence subject to a separate penalty. The imposition of a fine shall be governed by Article 15, Title 30 of the Revised Colorado Statutes. Determination of fines shall be done by the Pitkin County Court. Citations, summonses and complaints may be served by any law enforcement officer having jurisdiction within Pitkin County or any agent of the Licensing Authority. A penalty assessment procedure shall be established consistent with § 16-2-201, C.R.S. A graduated fine shall be imposed as part of the penalty assessment of$100.00 for the first offense; $500.00 dollars for the second offense and $1000.00 dollars for all subsequent offenses during a license term. All fines and forfeitures for the violation of this Code shall be deposited with the County Treasurer. In addition to the provisions of this Code, all other remedies in law or equity may likewise be pursued against the licensee,property owner(s) or principal resident at the discretion of the Board. Published in the Aspen Times Weekly, Weekend Edition on February 24, 2022 Julia Ely, Clerk to the Board of County Commissioners