Loading...
HomeMy WebLinkAbout2023 Ordinance No. 0131 BY AUTHORITY ORDINANCE NO. 13 COUNCIL BILL NO. 11 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING HOTEL, BED AND BREAKFAST LICENSURE WHEREAS, the City of Englewood regulates Short Term Rentals (STR) within the City, and recently navigated multiple violations and prosecutions of STR violations; and WHEREAS, in enforcing STR regulations, City staff identified areas of Municipal Code that may be considered ambiguous, thus creating difficulty in regulation and enforcement; and WHEREAS, at City Council direction, the Community Development and City Attorney Departments extensively evaluated existing STR and land use regulations, and identified revisions in Englewood Municipal Code Title 5, Chapter 30 (Hotel Licensure), Title 5, Chapter 31 (STR Licensure), and Title 16 (Land Use) to eliminate duplication, address inconsistencies; and WHEREAS, to implement a comprehensive regulatory mechanism and resolve potential ambiguity, the first step recommended by staff is to adopt amendments to Title 5, Chapter 30 to specifically address licensure of Bed and Breakfasts, to avoid inadvertently re-regulating Bed and Breakfasts through future amendments to STR regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Englewood Municipal Code Title 5 Chapter 30 regarding Hotel and Motel Services is hereby amended to read as follows (new provisions underlined, deleted provisions struck through): Chapter 30 – HOTELS, BED AND BREAKFASTS AND MOTEL SERVICES 5-30-1: - Definitions. For the purpose of this chapter the following definitions apply: Hotel/Motel: An establishment, making rooms available to the public, where the period of lodging for which such rental fee, price or other consideration is paid or received shall be less than thirty (30) days. Pest Control Certification: Shall mean an annual certification, issued within thirty (30) days of submission of the Application, from a fully licensed pest control company that the proposed premises is free of insect and/or pest infestation. 5-30-12: - License Required. A. No It shall be unlawful for any person or entity shallto offer Visitor Accommodation in a Hotel or Bed and Breakfast or provide hotel or motel services in the City of Englewood without having first obtained a valid, annual City Hotel Llicense. DocuSign Envelope ID: E8A8BE29-4704-45EB-9026-A80BE756FB72 2 B. In addition to complying with the requirements of Chapter 1 of this Title, the following conditions must be met for a Hotel License: 1. Within thirty (30) days after applying for a Hotel License or annual License renewal, the License Holder shall submit to the City a pest control certification from a licensed pest control company that the Premises is free of insect and/or pest infestation. 2. Prior to issuance or renewal of a Hotel License, the Fire Marshal and Chief Building Code Official, or designees, shall inspect the Premises and confirm compliance with all City fire, building, property maintenance, and other codes. 3. Unless the owner is an issuer of securities regulated by the Securities Exchange Act of 1934, within 30 days of any change in owner, officer, director, or holder of more than ten (10) percent, the License Holder shall submit a request for written amendment to the Hotel License indicating the change(s). C. Exclusions. Properties meeting the definition of both Short Term Rental and Bed and Breakfast under Title 16 of this Code may elect to operate either as a Bed and Breakfast with a Hotel License, or a Short Term Rental with a STR License under Chapter 31 of this Title, but not both. D. Definitions. Definitions in Title 16 of this Code shall apply to terms used in this Chapter. 5-30-3: - Application for License. Hotel and Motel licenses shall be issued in accordance with Chapter 1 of this Title. 5-30-4: - Special Conditions and Restrictions of the License. In addition to the requirements of Chapter 1 of this Title, the following special conditions and restrictions apply: A. Hotel or Motel licenses may not be transferred to another person or location other than that listed in the license application. B. Any change of owner, officer, director, or holder of more than ten (10) percent of the shares of stock of a corporate license holder or partner of a partnership, requires a written amendment to the original application for the issuance of a hotel or motel license. The amendment shall be submitted to the Licensing Officer within thirty (30) days of the change of ownership. A change of ownership amendment is not required if the licensed hotel or motel is owned directly or beneficially by a person that as an issuer has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (the "Act") or is an issuer of securities which is required to file reports with the Securities and Exchange Commission pursuant to Section 15(d) of the Act, provided that such person files with the Commissioner such information, documents and reports as are required by the provisions of the Act to be filed by such issuer with the Securities and Exchange Commission. The issuer shall file with the Licensing Officer information on officers and directors of such issuer of any licensed or intermediate subsidiary as is otherwise required of officers and directors of corporate hotel or motel. C. Pest Control. Pest Control Certification must be submitted with the license application and annually thereafter. D. The Fire Marshal and Chief Building Code Official shall inspect the hotel/motel prior to issuance or renewal of a license. A license or renewal shall not be issued until the DocuSign Envelope ID: E8A8BE29-4704-45EB-9026-A80BE756FB72 3 hotel/motel is in compliance with all provisions of the Englewood Municipal Code and associated fire and building codes adopted by the City. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. DocuSign Envelope ID: E8A8BE29-4704-45EB-9026-A80BE756FB72 4 G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 21st day of February, 2023. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of February, 2023. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of February, 2023 for thirty (30) days. Read by Title and passed on final reading on the 20th day of March, 2023. Published by Title in the City’s official newspaper as Ordinance No. 13, Series of 2023, on the 23rd day of March, 2023. Published by title on the City’s official website beginning on the 22nd day of March, 2023 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 13, Series of 2023. Stephanie Carlile DocuSign Envelope ID: E8A8BE29-4704-45EB-9026-A80BE756FB72