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NS-3060 - Urgency Ordinance Regarding Short Term Rentals
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NS-3060 - Urgency Ordinance Regarding Short Term Rentals
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8/22/2024 3:30:44 PM
Creation date
4/4/2024 12:51:53 PM
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Ordinance
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Clerk of the Council
Item #
21
Date
4/2/2024
Destruction Year
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(b) Short-term or vacation rental means the rental to a person or group of persons of <br />a dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for <br />lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar <br />days without concurrently being occupied by the property owner. <br />Sec. 8-3401. -Prohibited. <br />It shall be unlawful for any person or entity to: offer or make available for rent (via <br />advertisement on a short-term or vacation rental website or otherwise) or to rent (by <br />way of a rental agreement, lease, sublease, license, via a short-term or vacation rental <br />website, or any other means, whether oral or written) for compensation or consideration <br />a home -sharing rental, short-term or vacation rental for less than 30 days, pursuant to a <br />rental agreement, lease, sublease, license, via a short-term or vacation rental website, <br />or any other means, whether oral or written, for compensation or consideration, or <br />maintain any advertisement of a home -sharing rental, short-term or vacation rental for <br />less than 30 consecutive days. <br />Sec. 8-3402. -Violation; nuisance. <br />Any violation of this Article is unlawful, is hereby declared a public nuisance, and <br />constitutes a misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1- <br />8. At the discretion of the City Attorney, a violation of this Article may be prosecuted as <br />an infraction or misdemeanor. In any civil action brought pursuant to this Article, a court <br />of competent jurisdiction may award reasonable attorney's fees and costs to the <br />prevailing party. Pursuant to Municipal Code Section 1-21, the City may issue an <br />administrative citation for any violation of this Article. Such administrative remedy may <br />be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable <br />remedy allowed by law. <br />SECTION 3. Urgency Findings. In accordance with Santa Ana City Charter <br />Sections 415 and 417 and necessary as an emergency measure for preserving the <br />public peace, health, safety, and welfare, the City Council finds as follows: <br />A. The rise of short-term rentals within the City has become a public nuisance <br />that has caused numerous complaints from residents about the negative secondary <br />effects such as excessive noise, parking problems, trash, and degradation of residential <br />zoning districts. The City Council, therefore, adopts this Urgency Ordinance to become <br />effective immediately upon adoption pursuant to Santa Ana City Charter section 417 <br />and to remain in effect until rescinded to prohibit short-term rentals within the City and <br />provide City enforcement officials with a means to enforce the newly enacted Article. <br />B. The City wishes to have these new regulations immediately in place to <br />preserve the residential characteristics of residential zoning districts and to mitigate the <br />harm to the residential zoning districts that result from short-term rentals. <br />Urgency Ordinance No. NS-3060 <br />Page 3 of 5 <br />
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