Item 20: Short-Term Rentals

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COSM_Admin

Administrator
Staff member
Consider approval of Ordinance 2024-14, on the first of two readings, amending Chapter 34, Article 7, Rental Property Standards, of the San Marcos City Code by updating the regulations governing Short-Term Rentals; providing a savings clause; providing for a the repeal of conflicting ordinances; and providing an effective date.
 

JHughson

CoSM Members
I thought we were not going to list the contact people on the web and that the company we are contracting with would have that info for renters who call with a problem.
This definition is odd.
"Hosting platform means a person who, for a fee or other charge, provides on an internet website an online platform that facilitates the rental of a short-term residential rental residential unit on behalf of an operator, including, without limitation, through advertising, matchmaking or other means." I think there is an extra "residential" there.

Is the responsible party assigned by the owner the Agent or Local responsible party? What is the difference? Definitions are different but appear to be basically the same. And in 34.809 the term "Local Contact Person" is used which is not defined.

Do we provide a sample document for a renter to obtain permission from the owner to operate the property as a STR?
How will WE know if the HOA allows this? Wouldn't a copy of that info (either HOA bylaws or other document) be useful for us?

Recall that we require landlords to notify their tenants if the rental unit is located in an area known to flood and to include escape routes that are not likely to flood. I think the following falls short of that.
Sec. 34.809. General standards (g) Tenant indoor notification
(8) Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and nonemergency telephone numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates, and relevant water restrictions;

Recall that several operators complained about the Sec. 34.812. Records/Reports section. What will we do with the data collected?
There isn't a timeframe specified as to when the quarter begins and ends. We may think it's our FY. Others may think it's the calendar year. I suggest we be specific.
 

COSM_Admin

Administrator
Staff member
Responses provided by Greg Carr, Neighborhood Enhancement Director:
I thought we were not going to list the contact people on the web and that the company we are contracting with would have that info for renters who call with a problem. We will have a company that residents can call to report problems. We will also list all current Short Term Rentals with the designated contact person.
This definition is odd.
"Hosting platform means a person who, for a fee or other charge, provides on an internet website an online platform that facilitates the rental of a short-term residential rental residential unit on behalf of an operator, including, without limitation, through advertising, matchmaking or other means." I think there is an extra "residential" there. We will fix that for second reading.

Is the responsible party assigned by the owner the Agent or Local responsible party? What is the difference? Definitions are different but appear to be basically the same. And in 34.809 the term "Local Contact Person" is used which is not defined. We will clean that up for second reading.

Do we provide a sample document for a renter to obtain permission from the owner to operate the property as a STR? We have a sample that they can use. We really just require a letter from the owner of the property stating that they give permission.
How will WE know if the HOA allows this? Wouldn't a copy of that info (either HOA bylaws or other document) be useful for us? Since we don’t get a ton of these applications, we can check with the HOA prior to approval.

Recall that we require landlords to notify their tenants if the rental unit is located in an area known to flood and to include escape routes that are not likely to flood. I think the following falls short of that.
Sec. 34.809. General standards (g) Tenant indoor notification
(8) Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and nonemergency telephone numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates, and relevant water restrictions; Noted. We will add language regarding flooding issues and escape routes to be included if the property is in an area known to flood for second reading.

Recall that several operators complained about the Sec. 34.812. Records/Reports section. What will we do with the data collected? This information will only be requested when we note a significant discrepancy between what our provider gives us for use of the STR and what has been reported on Hotel Occupancy Taxes.
There isn't a timeframe specified as to when the quarter begins and ends. We may think it's our FY. Others may think it's the calendar year. I suggest we be specific. Will be cleared up with additional language.
 
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