We'd like to weigh in on this; Curt is right. Unless there is a SPECIFIC ordinance that covers STR (short-term-rentals) the jurisdiction cannot force you to shut down. This was tried in a case here in Chico, CA where the judge sided with the host, because their was no "clear direction" and there was "overbroad and arbritary application" meaning, of course there needs to be a specific ordinance covering STRs.
Although we operate in the county, we were about to be told we had 30 days to shut down because we were in violation. The county backtracked and is now planning on working with the city of Chico to create an ordinance, which may take months, years. (California's state legislature can't even come up with STR regulation.
Stick together and use positives to promote STRs. We had a malicious complaint filed against our STR with the county Board of Supervisors. We responded - partial response below:
Does the BOS want to attract overnight guests? Tourists, from around the world, who visit the jewels of Butte County? Do you want net profits to be spent locally or line the pockets of far-flung corporations? Do you want to swell TOT? Do you favor utilization of existing properties rather than chipping away at our finite resources? Do you want emergency shelters – on a minute’s notice – available and ready to cater to those who have not only been displaced, but to those who are also deployed to assist? Do you want to bring the World’s communities together? (Airbnb views itself as a community, governed by peer accountability)
If you answered yes to these questions, then please consider embracing, rather than obstructing, STRs. Please don’t let ill-informed non-participants sway your judgement. Give STR owners direction with a clear-defined ordinance and a minimalistic permit process, which will grease the wheels of what is inevitable: The transformation of the lodging industry.
By Ashiah Scharaga, Enterprise-Record
Posted: 08/05/17, 9:38 PM PDT | Updated: on 08/05/2017
1 Comment
Chico >> A Chico couple who have been fighting the city to be able to use their home as a part-time vacation rental seems to have won.
The city’s stance has been that part-time rental of homes, apartments, rooms, floors and cottages is not allowed in Chico, because the zoning and municipal codes do not address it. Vacation rentals are viewed by city staff as similar to hotels and motels, which are not allowed in residential areas because of potentially disruptive ongoing commercial activity, including vehicle traffic and excessive noise.
A judge overturned the city’s interpretation at a July 27 administrative hearing. The city still has time to appeal this decision, however.
Judge Marcie Larson ruled that Chico’s municipal code does not effectively prohibit short-term occupancies “given the absence of any clear direction.”
“The lack of regulations addressing the use of a single-family residence ... as a short-term rental creates the danger of overbroad and arbitrary application,” she concluded in the order.
Unless the City Council decides to alter the code, people’s use of their property as a short-term rental must be allowed, according to the order. The city has to return all fines, which range from $300-$1,200 per violation, and withdraw all citations in this matter.
The city did NOT appeal.
