Item 21 - Approve Urgency Ordinance Regarding Short Term Rentals

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Urgency Ordinance No. NS-XXX Page 3 of 6 It shall be unlawful for any person or entity to: offer or make available for rent (via advertisement on a short-term or vacation rental website or otherwise) or to rent (by way of a rental agreement, lease, sublease, license, via a short-term or vacation rental website, or any other means, whether oral or written) for compensation or consideration a home-sharing rental, short-term or vacation rental for less than 30 days, pursuant to a rental agreement, lease, sublease, license, via a short- term or vacation rental website, or any other means, whether oral or written, for compensation or consideration, or maintain any advertisement of a home-sharing rental, short-term or vacation rental for less than 30 consecutive days. Sec. 8-3402. -Violation; nuisance. Any violation of this Article is unlawful, is hereby declared a public nuisance, and constitutes a misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1-8. At the discretion of the City Attorney, a violation of this Article may be prosecuted as an infraction or misdemeanor. In any civil action brought pursuant to this Article, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party. Pursuant to Municipal Code Section 1-21, the City may issue an administrative citation for any violation of this Article. Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law. SECTION 3. Urgency Findings. In accordance with Santa Ana City Charter Sections 415 and 417 and necessary as an emergency measure for preserving the public peace, health, safety, and welfare, the City Council finds as follows: A. The rise of short-term rentals within the City has become a public nuisance that has caused numerous complaints from residents about the negative secondary effects such as excessive noise, parking problems, trash, and degradation of residential zoning districts. The City Council, therefore, adopts this Urgency Ordinance to become effective immediately upon adoption pursuant to Santa Ana City Charter section 417 and to remain in effect until rescinded to prohibit short-term rentals within the City and provide City enforcement officials with a means to enforce the newly enacted Article. B. The City wishes to have these new regulations immediately in place to preserve the residential characteristics of residential zoning districts and to mitigate the harm to the residential zoning districts that result from short-term rentals. C. The City Council further finds that this Urgency Ordinance is necessary as an emergency measure for preserving the public peace, health, safety and welfare by prohibiting short-term rentals within the City. D. Finally, the City Council finds that the regulations contained in this Urgency Ordinance are reasonable in order to preserve the public health, safety and welfare of its residents. SECTION 4. Severability. If any section, subsection, sentence, clause, phase, or portion