We have reviewed the Permit process and Performance Standards in earlier posts. Now we review the county’s Enforcement mechanism. This is the final of 6 posts on the county’s VR Ordinance applicable to short-term VR family homes inland (not on the coast).
Section 26-88.120 – Vacation Rentals (g) Enforcement Process:
- Initial complaints on VRs shall be directed to the certified property manager identified in the zoning permit or use permit, as applicable. The certified property manager shall be available 24 hours during all times when the property is rented, and shall be available by phone during these hours. Should a problem arise or be reported to the certified property manager (CPM), the CPM shall be responsible for contacting the tenant to correct the problem within 60 minutes, or within 30 minutes if during quiet hours, including visiting the site if necessary to ensure that the issue has been corrected. The CPM shall complete the online reporting form to report any such complaints, and their resolution or attempted resolution(s), to PRMD within 24 hours of the occurrence. Failure to respond to complaints or report them to PRMD shall be considered a violation of this section, and shall be cause for revocation of certification status.
If the issue reoccurs, the complaint will be addressed by PRMD code enforcement section who may conduct an investigation to determine whether there was a violation of a zoning or use permit condition. Sheriff reports, online searches, citations or neighborhood documentation consisting of photos, should recordings and video may constitute proof of violation. If code enforcement verifies that a zoning or use permit violation has occurred, a notice of violation may be issued and a penalty may be imposed in accordance with Chapter 1 of the Sonoma County Code.
[Go to original for next part: at the discretion of the enforcement officer a revocation hearing can be scheduled; if permit revoked you cannot reapply for a period of at least of 1 year].
2. Enhanced penalty for non-permitted rentals. A VR operating without a permit shall be subject to a penalty of 10 times the normal application fee.
3. Three Strikes Penalty. If you receive any combination of 3 administrative citations, verified violations, or hearing officer determinations of violation of any of the permit requirements or performance standards issued to the owner/occupants within a 2 year period, the VR zoning permit is revoked, subject to proper notice and to appeal, if requested within 10 days. Should such a revocation occur, an application to reestablish a VR shall not be accepted for a minimum period of 2 years.
4. Violation of Performance Standards – Administrative Citations. Here, the county lists the many other legal remedies, criminal or civil, that may be pursued by the county – all relating to a VR owner violating the “permit requirements and performance” standards” set out in the VR ordinance. Examples: conducting a cultural event, special event, party, wedding, etc with more than the maximum occupancy; or exceeding the maximum permitted occupancy; or noise violations, or exceeding the maximum number of vehicles, etc. See the VR Ordinance for the text.
(h). Monitoring and Enforcement Fee. An annual fee may be adopted by the board of supervisors and collected by PRMD or the county tax collector to pay for monitoring and enforcement of VRs.
____________________BLOG COMMENTS____________________
PRMD referenced above is now called Permit Sonoma (county planning department). Below is a summary of the county enforcement process for the VR Ordinance:
- VR homes need a CERTIFIED PROPERTY MANAGER (CPM)
- The CPM must be available 24/7
- The CPM must address problems/complaints within one hour (or 30 minutes during “quiet hours” 10pm – 7am)
- There is an ONLINE Form the CPM must fill out after each complaint.
- There is an enhanced penalty for non-permitted VR homes.
- There are numerous penalties, including a Three Strikes Penalty, for violating the VR ordinance.
- Finally, VR operators will be charged fees to cover the county’s costs of monitoring and enforcement.
THIS POST IS THE END OF THE VR ORDINANCE REVIEW.
The last several posts have gone over the county’s VR Ordinance applicable in the rest of the county; the VR Ordinance is not currently applicable on the coast. The county is planning to extend the VR Ordinance in the next few months by revising the LOCAL COASTAL PLAN (LCP) this summer, and proposing a VR Ordinance that applies to the coastal zone.
This process will take some months. The county Planning Commission and Board of Supervisors will first approve any recommendation by Permit Sonoma. That recommendation will go to the CA Coastal Commission – tentatively planned in November 2021.
Stay tuned…