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HomeMy WebLinkAbout2021-4284 - Ordinance - 08/12/2021ORDINANCE NO. 2021-4284 AN ORDINANCE AMENDING CHAPTER 103, “BUILDING REGULATIONS,” ARTICLE V, “SINGLE-FAMILY AND DUPLEX UNIT RENTAL REGISTRATION,” SECTION 103-248, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO FEES; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLL EGE STATION, TEXAS: PART 1: That Chapter 103, “Building Regulations,” Article V, “Single-Family and Duplex Unit Rental Registration,” Section 103-248 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2021-4284 Page 2 of 3 PASSED, ADOPTED and APPROVED this 12th day of August, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4284 Page 3 of 3 EXHIBIT A That Chapter 103, “Building Regulations,” Article V, “Single-Family and Duplex Unit Rental Registration,” Section 103-248 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 103-248. Permit requirements and fees. (a) Life safety inspection. Prior to issuance of a short term rental permit, the Operator shall allow, with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or designee to ensure compliance with minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by resolution. If, upon completion of an inspection, the premises are found to be in violation of one (1) or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Life safety inspection may be waived for a renewing permit if all the following apply: (1) Unit is classified as Short Term Rental I; (2) Operator self-certifies compliance with life safety standards; and (3) Operator has not been found in violation of this article. (b) Hotel occupancy tax. It is a condition of the initial and continued validity of a short term rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes owed to the City under the Texas Tax Code. (c) Fees. The following fees are authorized and are established in Section 2-117. (1) Application and Application Renewal Fees. The applicant shall pay a nonrefundable application fee upon submission of a short term rental application to the City and an annual application renewal fee per dwelling unit after initial registration. (2) Life Safety Inspection Fee. The applicant shall pay a non-refundable life safety inspection fee per dwelling unit. (3) Life Safety Reinspection Fee. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee per dwelling unit.