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Home My WebLink AboutOrdinance 6439113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6439 File Number: 2021-0337 AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY: AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY OF THE CITY CODE TO REQUIRE REGISTRATION OF PROPERTIES UTILIZED AS SHORT-TERM RENTALS WHEREAS, on August 18, 2020, the City Council passed Ordinance 6349 which established the Landlord's Representative Registry; and WHEREAS, on April 20, 2021, the City Council passed Ordinance 6427 adopting short-term rental regulations; and WHEREAS, during the discussion of the short-term rentals, the City Council considered several amendments, including requiring short-term rental operators, which are currently exempt, to register with the Landlord's Representative Registry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 120.02 of the Fayetteville City Code by repealing the last sentence of § 120.02(A) and replacing it with the following: "The owners of short-term rentals shall be required to designate and register their Landlord's Representative into the Registry." PASSED and APPROVED on 5/18/2021 Page 1 Printed on 5119121 Ordinance: 6439 File Number: 2021-0337 Attest: %0 b-ERKi11.�� . 4 O • : PG Kara Paxton, City Clerk TreasuiSr cVj<<E ;0= q.,j�ON ;+W11�`,�� Page 2 Printed on 5✓1&21 City of Fayetteville, Arkansas 113 West Mountain Street \ Fayetteville, AR 72701 .. (479) 575-8323 M ; Text File \ - / File Number: 2021-0337 Agenda Date: 5/18/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 7 AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY: AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY OF THE CITY CODE TO REQUIRE REGISTRATION OF PROPERTIES UTILIZED AS SHORT-TERM RENTALS WHEREAS, on August 18, 2020, the City Council passed Ordinance 6349 which established the Landlord's Representative Registry; and WHEREAS, on April 20, 2021, the City Council passed Ordinance 6427 adopting short-term rental regulations; and WHEREAS, during the discussion of the short-term rentals, the City Council considered several amendments, including requiring short-term rental operators, which are currently exempt, to register with the Landlord's Representative Registry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 120.02 of the Fayetteville City Code by repealing the last sentence of § 120.02(A) and replacing it with the following: "The owners of short-term rentals shall be required to designate and register their Landlord's Representative into the Registry." City of Fayetteville, Arkansas Page 1 Printed on 511912021 City of Fayetteville Staff Review Form 2021-0337 Legistar File ID 5/18/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/30/2021 Submitted By Submitted Date Action Recommendation: DEVELOPMENT SERVICES (620) Division / Department Changes to Business Regulations §120.02: Submitted by CITY STAFF to amend the Landlord Representative Registry to require registration of properties utilized for short-term rental. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 18, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Jonathan Curth, Development Services Director Mary McGetrick, Long -Range Planning/Special Projects Manager DATE: April 30, 2021 SUBJECT: Changes to Business Regulations §120.02: Submitted by CITY STAFF to amend the Landlord Representative Registry to require registration of properties utilized for short-term rental. RECOMMENDATION: City Planning staff recommends approval of an ordinance to amend §120.02, Landlord Representative Registry, to remove the exemption for short-term rental property owners and require registration of representative contact information. BACKGROUND: At the April 20, 2021 City Council meeting, short-term rental regulations were adopted. During the meeting, several amendments were proposed and considered, including that the Landlord Representative Registry adopted in 2020 be amended to remove the exemption for short-term rentals and require those properties to register a representative. This was proposed with the intent of creating a readily accessible, publicly available means of contacting the owner or representative of a short-term rental. Staff recommended the Registry be amended by separate action given its location in a discrete ordinance section. Accordingly, an amendment to the short- term rental ordinance was not made to include the registration requirement, with the understanding that the amendment would be brought forth separately. Request: At the Council's behest, staff recommends adoption of the attached ordinance amendment to §120.02, Landlord Representative Registry. The amendment removes the existing exemption for short-term rental properties and requires their registration in instances where the owner owns, manages, or otherwise controls more than two residential properties that are rented or leased in Fayetteville. Public Comment: Staff has received no public comment on this element of the City's short-term rental ordinance amendments. Similarly, no public comment was heard at the April 20, 2021 City Council meeting regarding an amendment to the Landlord Representative Registry. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Proposed Business Regulation Code Amendment to §120.02, Landlord Representative Registry, in strikethrough/highlight Links: • April 20, 2021 City Council Meeting Video (Minutes 1:53:30-1:57:15) 120.02 - Landlord's Representative Registry (A) Every person, partnership, corporation, L.L.C., or other entity which owns, operates, manages or otherwise controls more than two (2) residential properties that are rented or leased in Fayetteville, Arkansas shall designate a person residing or working in Washington, Benton, Crawford or Madison County, Arkansas to be the Landlord's Representative (which may be the landlord/owner who lives or works in one (1) of these counties) with the power and responsibility to respond to questions, issues and problems of or with the legal tenants of such residential rental property, and to be an additional agent for service of process for the landlord. The owners of only short term rentals shall not be required to designate and register their Landlord's Representative into the Registry at this time. (B) The Landlord's Representative shall be identified by correct full name, mailing address, email address and telephone number. The landlord shall ensure, at a minimum, that the Landlord's Representative answers or promptly returns calls or emails made by their tenants or neighbors of their tenants between the hours of 7:30 a.m. until 6:00 p.m. When a Landlord's Representative leaves employment or otherwise no longer serves as the Landlord's Representative, the landlord must within seven (7) days replace the departed representative with another qualified and properly identified Landlord's Representative, notify all relevant tenants of such change including change in contact information, and enter the change into the city Landlord's Representative Registry. (C) The city shall supply a free Landlord's Representative Registry through the Planning Department and offer such registry online for easy access by tenants and the public. (D) This Landlord's Representative Registry shall be available for landlords to begin registering their representatives (which can be the landlord themselves if they live or work in Washington, Benton, Crawford, or Madison County) on December 1, 2020. Proper and accurate registration shall be required of all landlords renting or leasing more than two (2) residential properties in Fayetteville to tenants by April 30, 2021. (E) Any person or entity leasing or renting more than two (2) residential properties located in Fayetteville (as identified in (A)) who fails to properly and timely register a proper and qualified Landlord's Representative and any needed successor Landlord's Representative or fails to obey any requirement of this section shall be subject to the penalties permitted pursuant to §10.99 General Penalty of the Fayetteville Code. ( Ord. No. 6349 , §1, 8-18-2020) Democrat mazetk AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6439 Was inserted in the Regular Edition on: May 23, 2021 Publication Charges: $97.28 Brittany Smith Subscribed and sworn to before me This 2,4day of �!, 2021. Cathy Wiles Benton COUNTY 04_-,V� W,�6) NOTARY PUBLIC —ARKANSAS Notary Public y Commission Expires 02-20-2024 My Commission Expires: Z 1l .1211 Commission No. 12397118 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6439 File Number: 2021-0337 AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY: AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE REGISTRY OF THE CITY CODE TO REQUIRE REGISTRATION OF PROPERTIES UTILIZED AS SHORT-TERM RENTALS WHEREAS, on August 18, 2020, the City Council passed Ordinance 6349 which established the Landlord's Representative Registry; and WHEREAS, on April 20, 2021, the City Council passed Ordinance 6427 adopting short-term rental regulations; and WHEREAS, during the discussion of the short-term rentals. the City Council considered several amendments, including requiring short-term rental operators, which are currently exempt, to registcr with the Landlord's Representative Registry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby amends § 120.02 of the Fayetteville City Code by repealing the last sentence of § 120.02(A) and replacing it with the following: "The owners of short-term rentals shall be required to designate and register their Landlord's Representative into the Registry." PASSED and APPROVED on 5/ 18/2021 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75420998 May 23, 2021