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Coconino County takes first steps toward regulating short-term rentals

The days of unregulated short-term rentals in Arizona are coming to an end.

A new state law gives cities, towns and counties legal authority to enact limited regulations for short-term rentals such as Airbnbs, VRBO, etc., which are rentals of 30 days or less. They met on Tuesday to discuss an early draft of an ordinance that would impose restrictions on short-term rentals in the jurisdiction.

A hearing on the ordinance is scheduled for Tuesday, February 28.

Coconino County Proposes Regulations on Short-Term Rentals



Coconino County previously regulated short-term rentals in 2015, but it didn’t last long. Cities, towns and counties in Arizona were stripped of their legal authority to regulate short-term rentals by the then-government in 2017. Doug Ducey signed law SB 1350. Since then, unregulated short-term rentals have been identified as an exacerbating factor in the deepening housing crisis, especially in tourist-heavy cities such as Flagstaff and Sedona.

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“Sometimes abuse happens with these short-term rentals because the government’s hands are tied,” said Patrice Horstmann, Coconino County supervisor and board chairman.

She also noted that she was handling “many complaints” of homes being converted into “party homes” with “absent landlords.”

“This has also resulted in traffic problems, parking problems and cluttered neighborhoods,” Horstmann said. “It was a concern that needed to be addressed.”

In July 2022, during the final months of his role as governor, Ducey signed SB 1168. This effectively repealed SB 1350 and empowered local governments to implement a certain level of regulation. The move provided what Horstman calls a “small window” to monitor and control an industry that has had a large impact on the region.

As proposed in a draft ordinance filed Tuesday, Coconino County will regulate short-term rentals through the issuance of permits.

“The law allows us to collect up to $250 for that permit, and that’s annually,” explained Jay Christelman, the county’s community development director. “Doing this every year gives us a good chance to keep an eye out for short-term rentals that are somewhat troubling or potentially troubling because we can do a yearly review.”

Short-term rental permit owners will be asked to meet several requirements, including notifying all adjacent neighbors, providing emergency contacts, and transaction privilege taxes, Kristelmann said.

“I believe it is already needed,” added Christelman.

But perhaps most importantly, under the county’s permitting process, Coconino imposes fines and suspends short-term rental permits for certain “confirmed violations” outlined in state law. Having the means.

“The first case is a felony committed as a result of knowingly or recklessly acting in a short-term rental at or near the location of a vacation or short-term rental,” said Christelman. “Second, serious personal injury or wrongful death related to short-term rentals resulting from knowledge of the short-term rental’s intentional or reckless act. A detaining owner who condones adult business, sex offenses or offenses related to prostitution, or operates or maintains a modest home.

Coconino County also proposed an additional set of violations that Christelmann described should be permitted because of the “vagueness” of state law. knowingly or intentionally permitting the use of vacation rentals or short-term rentals for special events,” and failure to maintain reasonable access for first responders.

As outlined in state law, repeated confirmed violations are subject to charges based on the frequency of occurrence.

“The first confirmed violation in 12 months is a $500 fine or one night’s rental, whichever is higher,” says Christelman. “Two confirmed violations in 12 months is $1,500 or one night rental, whichever is higher. And 3 confirmed violations in 12 months is $3,500. 3rd time in 12 months. The Hearing Officer may decide to revoke or suspend the permit after confirmation of a violation of.”

After hearing a draft of the proposed ordinance, the county board of oversight was generally supportive.

“I don’t think anything you’ve included in the outline is a hassle,” Horstman said. “It certainly requires accountability.”

She also expressed special support for the requirement to provide neighbors with notice and contact information.

“That’s what neighbors do to each other,” she said, adding that she looks forward to hearing feedback from the public as county leaders refine and move forward with this proposed ordinance. rice field.

To that end, the Board has asked interested members of the public to submit written comments to their district supervisor if they will not attend the hearing scheduled for February 28. The exact time and location of the meeting have not yet been announced.

It is important to note that ordinances enacted in Coconino County do not apply to real estate within city or town jurisdictions. Officials in the city of Flagstaff have reportedly begun the process of drafting an ordinance to regulate short-term rentals.

“We plan to hold a city hall-type event for the public in late March and early April to solicit feedback from the community on the draft ordinance,” said Sarah Langley, the city’s head of public affairs. We will then provide an update to the Board on May 9, after which we are tentatively scheduled for the first and second readings of the Ordinance in June.”

The full text of the draft county ordinance and a draft pamphlet for short-term rental owners will be available on the Coconino County website later this week. To watch the Board of Supervisors presentations and discussions, visit the county’s YouTube channel at: www.youtube.com/@coconinocnty.

To contact Sean Golightly: sgolightly@azdailysun.com.

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