HomeMy WebLinkAbout032642 ORD - 01/11/2022Ordinance amending Chapter 5 of the Corpus Christi Code to require a
permit for the operation of short-term rentals; and providing for publications
and providing a delayed effective date for the portion of the City not located
on Padre Island or Flour Bluff.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. Chapter 5 of the Corpus Christi Code is hereby amended by adding Chapter
5, Article 11. SHORT-TERM RENTALS to read as follows:
CHAPTER 5
ARTICLE II — SHORT TERM RENTALS:
Division 1. Short-term Rental Permit
Sec. 5-36. — Purpose.
The purpose of this article is to establish regulations for the protection of the health and
safety of occupant(s) of short-term rental properties, and to protect the integrity of the
neighborhoods in which short term rental properties operate.
Sec. 5-37. — Definitions.
As used in this article the following words and phrases shall have the definitions
ascribed to them by this section:
Agent means a person designated by the short-term rental operator in lieu of themselves
as the 24-hour emergency contact for a lawfully operating short term rental
Occupant means the person(s) who have lawfully obtained the exclusive use and
possession of the short-term rental property or portion thereof from its operator, and the
guest(s) of such person(s).
Operator means any person who operates a short-term rental, as defined in this Article.
For purposes of this Article, a lessee of a Unit, when expressly permitted in writing by
Owner, may serve as Operator of a short-term rental.
Owner means the person or entity that holds legal and/or equitable title to the private
property.
Short term rental means a property that rents out all or a portion of a residential dwelling
unit for a period of less than 30 days and not Tess than 12 hours.
Short term rental permit means the permit issued by the city that identifies the subject
property as a lawful short-term rental, the short-term rental permit number, the names
3 r. 2
and contact information of the owner, operator, and agent if applicable, and 24-hour
emergency contact phone for at least one of the preceding.
Sleeping area means a room within a dwelling designed or used for sleeping, including
a bedroom. Tents, hammocks, recreational vehicles and/or other vehicles and outdoor
areas shall not be considered a sleeping area.
Sec. 5-38. - Permit required.
(a) No short-term rental shall operate within the City of Corpus Christi without a current
valid short term rental permit.
(b) All individual units having cooking, sleeping, and bathing facilities, within common
buildings, regardless of ownership, shall require a separate, individual permit for
each unit intended to be used as a short-term rental.
Sec. 5-39. - Short term rental permit.
(a) Application. Application for a short-term rental permit shall be made either in
writing or electronically. Application for a short-term rental permit shall be
accompanied by a one-time application fee of $100 $50 and shall include the
following information, at a minimum:
(1) A list of all owners, operators, and agents (if applicable) of the short-term
rental including names, addresses, current email address(es) of
owner/operator, and telephone numbers.
(2) A sketch of the floor plan, which identifies sleeping areas, proposed
maximum number of guests, evacuation route(s), location of fire
extinguisher(s).
(3)
The name, address and 24-hour telephone numbers of a contact person, who
is the owner, operator, or designated agent and who shall be responsible and
authorized to respond to complaints concerning the use of the short-term
rental.
(4) A sworn, self -certification that the owner of the short-term rental has met and
will continue to comply with the standards and other requirements of this
Article including, but not limited to: maintenance of insurance coverage of the
unit or portions thereof in accordance with this Article and obtaining annual
independent inspections of required fire extinguishers in compliance with the
city's current fire code.
(b) Completeness of application. Applications shall not be considered complete until
all documentation required under this Article has been submitted, and until the
2
full application and permit fees have been paid. Incomplete applications will not
be accepted.
(c) Acknowledgement by Applicant. In connection with submission of the application,
each applicant shall acknowledge that any permit granted under this Article does
not supersede any property -specific restrictions against short-term rentals that
may exist under law, agreement, lease, covenant or deed restriction.
Sec. 5-40. - Expiration and renewal of permit.
(a) Unless revoked earlier pursuant to this Article, a permit to operate a short-term
rental - _ - _ - _ - • - _ . - _ .. _ - . will be valid for one year
ending December 31.
(b) A permit holder shall apply for renewal prior to the expiration of the permit on a
form provided by the director. The permit holder shall update the information
contained in the original permit application required under Section 5-39 of this
article or any subsequent renewals under this section, if any of the information
has changed. The permit holder shall sign a statement affirming that there is
either no change in the information contained on the original permit application
and any subsequent renewal applications, or that any information that has been
updated is accurate and complete. Complete applications for renewal received
after the expiration of a current permit shall be treated as applications for a new
permit, as described in Section 5-39.
(c) The director shall follow the procedures set forth in this article when determining
whether to renew a permit.
(d) The fee for the renewal of a permit to operate a short-term rental is $100 $50.
Sec. 5-41. — Non -transferability.
A permit to operate a short-term rental is not transferable to another Owner, Operator,
unit or location.
Sec. 5-42. — General Standards
All short-term rentals permitted pursuant to this chapter are subject to the following
standard requirements:
(a) Occupancy. The maximum number of persons allowed to reside in a short-term
rental shall be defined by the City of Corpus Christi Property Maintenance Code.
The Owner/Operator shall not allow an occupancy of a residential structure that
exceed the maximum occupancy level for that structure.
3
(b) Insurance. The applicants shall keep, at a minimum, an insurance policy sufficient
for personal injury liability of guests.
(d) Life safety.
(1) Short Term Rentals and structures where they are located shall conform to
all applicable city -adopted codes, regulations, and ordinances.
(2) A 2A:10B:C type fire extinguisher (a standard five -pound extinguisher) shall
be properly mounted within 75 feet of all portions of the short-term rental on
each floor.
(3) Smoke and Carbon Monoxide detectors shall be installed and conform to all
applicable city -adopted codes, regulations, and ordinances.
(4) Every sleeping area shall have at least one operable emergency escape and
rescue opening per all applicable city -adopted codes, regulations, and
ordinances.
(5)
An evacuation plan shall be posted conspicuously in each unit or permitted
sleeping area.
(6) Every bedroom/sleeping area in a short-term rental that does not comply with
this section shall not be used as a sleeping area and where equipped with a
door, shall remain locked at all times when the dwelling is being used as a
short term rental. Such a non-compliant sleeping area shall not be included
in the maximum occupancy calculation as defined by the City of Corpus
Christi Property Maintenance Code for the short-term rental. The
owner/operator shall notify every occupant, in writing, that the non-compliant
sleeping area may not be used for sleeping.
(d) Conduct on premises.
(1) Short term rental Operators shall be responsible for informing their occupants
of all relevant city codes and occupants' liability for violations of same.
(2) Excessive noise or other disturbance outside the short-term rental is
prohibited per Chapter 31 of the Code of Ordinances. This includes, but is
not limited to, decks, docks, portals, porches, balconies, patios, hot tubs,
pools, saunas or spas.
(3) No overnight sleeping outdoors or outdoor sleeping spaces for rent.
(e) Advertisement. All advertisements, including online or proprietary (website, app,
or other technology) will include legible short-term rental permit number within
the description or body of the advertisement for public reference.
4
(f)
(g)
Tenant indoor notification. The Operator shall post in a conspicuous location
of the dwelling the following minimum information:
(1) Maximum number of Occupants.
(2) Location of off-street parking, other available parking and prohibition of
parking on unimproved surfaces.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Quiet hours and noise restrictions as defined per Chapter 31 of the Code of
Ordinances.
Restrictions of outdoor facilities.
24-hour contact person and phone number.
Property cleanliness requirements.
Trash pick-up requirements, including location of trash cans.
Flooding hazards and evacuation routes.
Emergency numbers.
(10) Notice that failure to conform to the occupancy and parking requirements is
a violation of the City Code and occupant or visitor can be cited.
(11) Short -Term Rental permit, and/or any other required permits, if applicable.
Emergency contact. The Owner/Operator of the short-term rental shall provide
the city with a 24-hour contact number for the operator or a designated agent
per Sec. 5-39 and shall provide timely updates to city of any changes thereto.
Should a law enforcement officer respond to the short-term rental and issue a
citation for any violation of city ordinances, the operator or their agent shall be
called by the officer. The Operator or their agent shall attempt to contact the
Occupants within one hour of the call to address the occupants about the
complaints. Should a second complaint be filed and citation issued to any part
of the occupants or guests, the owner/operator must take appropriate steps, in
accordance with the individual rental agreement, to assure future complaints do
not occur. Short Term Rental permits shall be revoked if three or more
confirmed citations are issued at a permitted property within any six-month
period, whether issued to the operator or any occupants. Failure to provide
updated information to the city regarding designated agent or responsible party
shall be a violation of this section.
5
(h) Compliance with Laws. Owners, Operators, and Occupants are required to
comply with city, state, and federal laws.
Sec. 5-44. — Inspections.
To ensure continued compliance with the requirements of this section a short-term rental
may be inspected in the following methods:
(a) Inspections upon complaint or suspicion of a violation. The city may perform
inspections when a violation is reported or suspected in accordance with
established code enforcement procedures.
Sec. 5-45. - Enforcement/penalty.
(a) A person who violates a provision of this division, or who fails to perform an act
required of the person by this division, commits an offense. A person commits
a separate offense for each and every violation, and for each day during which
a violation is committed, permitted or continued
(b) The culpable mental state required by Texas Penal Code § 6.02, is specifically
negated and dispensed with and a violation under this Division is a strict liability
offense.
(c) The provisions of this Article are in addition to and not in lieu of any criminal
prosecution or penalties as provided by other city ordinances, county, or state
law.
(d) An offense under this Division is punishable by a fine of not more than $500.
(e) Violation of any section of this division shall constitute an offense resulting in
permit revocation in accordance with subsection 5-47, Revocation Procedures.
Sec. 5-46. - Other Restrictions on Use of Premises.
This Article does not create any right to operate a short-term rental in violation of any City
Ordinance, State or Federal law, lease, license, deed restriction, covenant, easement, or
other legal encumbrance.
Division 2. Short-term Rental Permit Revocation
Sec 5-47. - Revocation Procedures.
The Director of rode Enforcement Development Services is authorized to suspend or
revoke a short-term rental permit issued under the provisions of this chapter wherever the
permit is issued in error, or on the basis of incorrect information supplied, or where it is
6
determined that the building, structure, unit, or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this Article. In addition, if any violations
have been committed and not corrected within the time specified, the Director shall begin
the procedures to revoke the short-term rental permit in accordance with the following:
(a) The Director shall give written notice to the owner/operator regarding the
revocation.
(b) If a short-term rental permit is revoked, the owner/operator may not reapply for
the same property for a period of 12 months.
Sec. 5-48. - Appeals.
If the Director of Code Enforcement Development Services denies issuance or renewal
of a permit or suspends or revokes a permit issued under this article, the action is final
unless the Owner/Operator files a written appeal within ten business days to the Director
of Code Enforcement Development Services or designee.
Appeals will be reviewed by the City Manager, Assistant City Manager, and Director of
rode Enforcement Development Services, collectively, when so appealed to and after
a hearing, may vary the application of any provision of this code to any particular case,
when, in its opinion, the enforcement thereof would do manifest injustice and would be
contrary to the spirit and purpose of this article or public interest, or when, in its opinion,
the interpretation of the article should be modified or reversed.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. The effective date of this ordinance is March 15, 2022 for
the portions of the City located on Padre Island and/or Flour Bluff. The effective date of
this ordinance is 180 days after passage for the portions of the City not located on
Padre Island and Flour Bluff. The City Council finds that Padre Island and Flour Bluff
are experiencing a much higher number of short-term rentals in relation to available
housing than is present in other areas of the City,
That the foregoingrdinance was read for the first time and passed to its second reading on this
the I Li t 1.`day of I_�e ce , -vv 6e—r- , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
JP
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the 11111 -
day of
2022, by the following vote:
Paulette M. Guajardo f n
Roland Barrera /-\k-,Q
Gil Hernandez No
Michael Hunter
Billy Lerma
John MartinezA—v(
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the \ day of TUVIAU{l , 2022.
ATTEST:
Rebecca Huerta
City Secretary
Delayed effective date of March 15,
2022 for the portion of the City located
on Padre Island or Flour Bluff and July
11, 2022 for the entire City
8
032642
aulette M. Guajardo
Mayor
I,
Tme ,---- , -,-_,,,,,,,,,,.. :.Caller
,-,;; n i I : }i
PART OF THE USA TODAY NETWORKL{;^, ,1:-'1, . ._.._, 1 t` i
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE
CITY OF CORPUS CHRIS TI -SECRETARY No. 032642, ordinance
amending Chapter 5 of the
PO BOX 9277 - Corpus Christi Code to re-
quire a permit for the oper-
ation of short-term rentals;
CORPUS CHRISTI,TX 78401 and providing for publica-
tion; and providing a de-
, layed effective date of
March 15, 2022 for the por-
tion of the City not located
STATE OF WISCONSIN) on Padre Island or Flour
)) Bluff. This ordinance was
passed and approved on
COUNTY OF BROWN) second reading by the
Corpus Christi City Council
on January 11,2022.
I,being first duly sworn, upon oath depose and say that I /s/Rebecca Huerta
am a legal clerk and employee of the publisher,namely,the City Secretary
Corpus Christi Caller-Times,a daily newspaper published
at Corpus Christi in said City and State,generally circulated
in Aransas,Bee,Brooks, Duval,Jim Hogg,Jim Wells,
Kleberg,Live Oak,Nueces, Refugio,and San Patricio,
Counties,andthat the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
01/17/2022
On this January 17,2022, I certify that the attached
document is a true and exact copy made by the publisher:
QTcerk
Notary tl ,2lic,State of Wisconsin, County of Brown
Notary Expires
SARAH g R LS — '1
i Notary Publi
Publication Cost:$102.00 4 State
c
Ad No: 0005087438 �_ .. „ ,,� of W i s c o r�3 i n
Customer No: 1490432 "='° .---„ ti
PO#: 032642
#of Affidavits)
This is not an invoice
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE
OR
ORDINANCE PASSAGE
OF LI •I j �:� E t�`,��) ?7(�z
CITY OF CORPUS CHRIS TI-SECRETARY NO. 032642, Ordinance c1 GL{'
amending Chapter 5 of the°,:,.,.,SI s ,_
PO BOX 9277 Corpus Christi Code to re-' "'` I-�? a,c; [
quire a permit for the oper- ',;
ation of short-term rentals,
CORPUS CHRISTI,TX 78401 providing for penalty, and
providing a delayed effec-
tive date of March 15, 2022
for the. portion of the City
located on Padre Island or
STATE OF WISCONSIN) Flour Bluff and July 11,
)) 2022 for the entire City.
This ordinance was passed
COUNTY OF BROWN) and approved on second
reading by the Corpus
Christi City Council on Jan-
I,being first duly sworn,upon oath depose and say that I nary 11,2022.
am a legal clerk and employee of the publisher,namely,the /s/Rebecca Huerta
City Secretary
Corpus Christi Caller-Times,a daily newspaper published
at Corpus Christi in said City and State,generally circulated
in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells,
Kleberg,Live Oak,_Nueces,Refugio,and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
03/14/2022
On this March 14,2022, I certify that the attached document
is a true and exact copy made by the publisher:
(di,.
I/
I Notice Clerk
__
Notary V?,State of Wisconsin,County of Brown
Notary Expires
SARAH BERTELSEN
Notary Public
State of Wlsco iSin;::
Publication Cost$106.85
Ad No:0005166840 . ;;, • -
Customer No: 1490432
PO#: 032642
#of Affidavits1
This is not an invoice