HomeMy WebLinkAboutOrdinance 1778 - amend WR Code of Laws for Short Term RentalsCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
COUNCIL BILL NO. 26
ORDINANCE NO. 1778
Series 2023
TITLE: AN ORDINANCE AMENDING SECTIONS 11-504, 11-506 and 2-80 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING SHORT TERM
RENTAL LICENSING ENFORCEMENT
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority, C.R.S. §§ 31-15-401, 31-15-501
and 31-23-301 et seq., the City, acting through its City Council (the “Council”), is
authorized to regulate the operation of local businesses, impose requirements on the
same related to the public health, safety and welfare, and establish locational
limitations on business enterprises through the City’s zoning regulations; and
WHEREAS, pursuant to this authority, the Council previously adopted short term
rental regulations, codified as Wheat Ridge Municipal Code (“Code”) Article XIV of
Chapter 11 and Code Sec. 26-645; and
WHEREAS, the City Council wishes to both clarify and expand the enforcement
avenues available to enforce violations of the City’s short term rental licensing program.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-504 of the Code, concerning accountability for the
operation of short term rentals, is hereby amended as follows:
Sec. 11-504. - Accountability.
(a) A PERSON short-term rental host may not simultaneously rent a
short-term rental to more than one (1) group under separate
contracts, bookings, or appointments.
(b) The short-term rental shall be the legal responsibility of ALL
INDIVIDUALS WHO HAVE OWNERSHIP, POSSESSION OR
CONTROL OF THE PREMISES OR ITS OPERATION AS A
SHORT TERM RENTAL, whether as owner, co-owner, occupant,
tenant OR AGENT OF ANY OF THE SAME. the legal owner(s) of
the subject property, and the short-term rental host shall agree to
accept notice of violation either in person, upon posting upon the
property, or by mailed notice.
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(c) The city shall maintain the right to conduct an inspection of the
property at any time, upon proper notice, to determine compliance
with this article and section 26-645.
Section 2. Section 11-506 of the Code, concerning failure to register a short
term rental, is hereby amended as follows:
Sec. 11-506. – Failure to register.; VIOLATIONS, ENFORCEMENT.
(a) IT IS UNLAWFUL TO OPERATE, PROVIDE, ADVERTISE OR
SOLICIT THE RENTING OF A SHORT TERM RENTAL, OR TO
AID, FACILITATE, ABET, PERMIT OR ALLOW ANY OF THE
SAME, All persons wishing to operate a short-term rental within the
city WITHOUT THE REQUIRED on and after May 1, 2021 must
apply for a short-term rental business license AND TYPE
(“WHOLE-HOME” OR “PARTIAL-HOME”) under this article XIV
AND SECTION 26-645 OF THIS CODE.
(b) PERSONS VIOLATING THIS SECTION OR ANY OTHER
PROVISION OF THIS ARTICLE OR SECTION 26-645 OF THIS
CODE SHALL BE SUBJECT TO THE ENFORCEMENT
PROCEDURES AND PENALTIES PROVIDED UNDER SECTIONS
1-5 AND 1-6 OF THIS CODE.
On and after August 1, 2021, short-term rental hosts operating
short-term rentals prior to August 1, 2021 must have applied for a
short-term rental business license pursuant to this article XIV.
(c) On and after August 1, 2021, short-term rental hosts must collect
lodger's tax on such rentals pursuant to Code section 22-100.
(d) Persons operating a short-term rental within the city without the
required short-term rental business license as of August 2, 2021
shall be subject to enforcement under this chapter and as a
municipal code violation under sections 1-5 and 1-6 of this Code.
ADDITIONALLY, ANY Such persons LEGALLY RESPONSIBLE
FOR A SHORT TERM RENTAL, AS PROVIDED IN SECTION 11-
504(B) HEREOF, OPERATED IN VIOLATION OF THIS ARTICLE
IS are not eligible to apply for a short-term rental business license
for one (1) year following the date after August 2, 2021 upon which
THE VIOLATION IS ENTERED BY COURT OR AHO ORDER,
PAYMENT OF ADMINISTRATIVE FINE, EFFECTIVENESS OF
PLEA AGREEMENT OR OTHER SETTLEMENT, OR ANY OTHER
LEGAL FORM OF ADMISSION OR ADJUDICATION they are
found to be operating a short-term rental without the required
license.
(C) PERSONS VIOLATING THIS SECTION OR ANY OTHER
PROVISION OF THIS ARTICLE OR SECTION 26-645 OF THIS
CODE SHALL BE SUBJECT TO THE ADMINISTRATIVE
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ENFORCEMENT PROCEDURES AND PENALTIES PROVIDED
UNDER ARTICLE V OF CHAPTER 2 OF THIS CODE.
(D) THE ENFORCEMENT PROCESSES AND PENALTIES SET
FORTH HEREIN ARE CUMULATIVE AND CONCURRENT IN
NATURE. THE CITY’S INITIATION OF ONE PROCESS DOES
NOT PRECLUDE OR BAR THE CITY’S PURSUIT OF ANY
OTHER RIGHT, REMEDY OR PROCESS.
(e) The city treasurer is hereby authorized to adopt rules and
regulations, if needed, to implement the requirements of
this section 11-506.
Section 3. Section 2-80 of the Code, concerning the scope of the Chapter 2
Administrative Enforcement process, is hereby amended as follows:
Sec. 2-80. - Purpose; scope.
The purpose of this article is to encourage prompt compliance with
this Code and prompt payment of penalties for violations thereof.
This article provides for administrative penalties that may be
imposed for violation of the following portions of this Code: chapter 5,
buildings and building regulations; chapter 9, health; chapter 13,
motor vehicles and traffic; chapter 15, nuisances; article X of chapter
11 concerning massage businesses, ARTICLE XIV OF CHAPTER
11 CONCERNING SHORT TERM RENTALS; chapter 21, streets
and sidewalks; chapter 22, taxation; chapter 24, vegetation; chapter
26, zoning.
Section 4. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. As permitted by Charter Section 5.11, this
Ordinance shall take effect immediately upon adoption on second reading and signature
by the Mayor.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 25th day of September 2023, ordered published by title and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and consideration
on final passage set for October 9, 2023, at 6:30 p.m. as a virtual meeting and in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0, this 9th day of October 2023.
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SIGNED by the Mayor on this 11th day of October 2023.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: September 26, 2023
Second Publication: October 10, 2023
Effective Date: October 9, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us