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City of Lava Hot Springs

The Lava Hot Springs City Council will conduct a special public hearing on the 3rd day of November 2025 Agenda

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PUBLIC NOTICE

A Special Meeting of the City Council of the City of Lava Hot Springs, Idaho will be held on
Monday November 3%, 2025, at 6:00 pm, Lava City Hall 115 West Elm Street, Lava Hot Springs,
Idaho.

in-person attendance is allowed, Guests may join by teleconference if they desire. To listen to the
meeting by teleconference, please call (408) 638-0968, meeting ID number is 5731543907#,
password 745563#. Depending on your telephone service plan, long-distance charges may apply. All
participants will be muted when they join the meeting. Guests who are listed on the agenda or
audience members wishing to speak during the discussion section can unmute themselves by
entering star six (*6).

City of Lava Hot Springs
115 West Elm — PO Box 187 — 83246
Office Phone (208) 776-5280
Fax (208) 776-5130
Mayor Vicky Lyon
Council Members
Rickey Frandsen - Leah Navarro
John Head - Jeanie Avery
City Clerk/Treasurer Amantha Sierra
Office Assistance Mandy Frandsen

1. AGENDA
a) Silence all cell phones
b) Call meeting to order
c) Roll Call
2. REVIEW OF MEETING PROCEDURES & PUBLIC COMMENT RULES
a) 3-minute limit per speaker
b) Written comments deadline noted
3. PUBLIC HEARING — Proposed Ordinance: Title 3, Chapter 5 (Short-Term Rentals)
a) Staff report / applicant presentation
b) Public testimony
c) Council questions & discussion
d) Motion to close public hearing - ACTION ITEM
4. COUNCIL DISCUSSION AND NEXT STEPS REGARDING PROPOSED STR ORDIANCE —
ACTION ITEM
5. ANNOUNCE NEXT REGULAR COUNCIL MEETING: November 13th, 2025
REGULAR COUNCIL MEETING DEADLINE: November 3%, 2025
7. ADJOURN SPECIAL MEETING — ACTION ITEM

a

Summary of Draft Short-Term Rental (STR) Ordinance

Including revision per Planning and Zoning recommendation and Council
input.

Purpose and Intent

e Establishes a regulatory framework for STRs to protect public health, safety, and
welfare.

e Balances interests of property owners, residents, and visitors.

e Ensures compliance with Idaho Code §67-6539.

e Reflects community input from the city's STR survey.

Definitions

e STR: Rental of a dwelling unit for 30 days or less.

e Owner-Occupied STR: Owner resides at least 6 months/year and claims homeowner
exemption.

e Local Contact: Must live within 20 miles and be available 24/7.

e STR Permit: Annual license required to operate.

e Contract Zoned Properties: Subject to development agreements.

Permit and Licensing Requirements

e Requires both a business license and STR permit.

e Annual renewal by December 31st.

e Application must include inspection, insurance, ownership documentation, local contact
info, and fees.

e Posting requirements include occupancy limits, sanitation, parking, and emergency
contacts.

Inspections

e Initial Inspection: Required before permit issuance.

e Annual Self-Certification: Required for renewal.

e Violation-Based Inspection: Triggered by ordinance violations.
e Inspection Fees: Incorporated into renewal costs.

Operational Standards

e Occupancy: 2 guests per bedroom + 2 additional guests.

e Parking: Minimum 2 off-street spaces per unit.

e Noise: Must comply with municipal noise ordinance.

e Trash: Must use rodent-proof containers; STRs classified as commercial for sanitation.
e Snow Removal: Required daily from sidewalks.

Health and Safety Standards

e Smoke and carbon monoxide detectors required.
e Emergency egress windows in bedrooms.

e Fire extinguishers on each floor.

e Emergency exit plans must be posted.

Local Contact Requirements

e Must designate a natural person within 20 miles.

e Contact info must be posted and updated within 10 days of changes.
e Failure to respond to issues twice in 12 months is a violation.

Licensing Cap and Density Control

e Cap: Non-owner-occupied STRs in residential zones limited to 5% of housing units.
e Exemptions: No cap for owner-occupied, commercial, or contract-zoned properties.
e Parcel Limits: One STR per single-family parcel.

e Permit Transfers: Existing STRs may continue under specific conditions.
e Waitlist: Lottery system used when cap is reached.

Zoning Restrictions

e STRs allowed in all commercial zones.

e Owner-occupied STRs allowed in residential zones.

e Non-owner-occupied STRs allowed in residential zones with HOA compliance and
subject to cap.

Enforcement and Penalties

e Violations include operating without a permit, safety noncompliance, exceeding
occupancy, and more.

e Penalties escalate from warnings to fines ($500) to permit revocation.

e Repeat violations (3+ in 12 months) may result in permanent revocation.
e City may take emergency action for imminent threats.

Appeals

e Right to appeal permit denial, suspension, or revocation.
e Must be filed within 20 days.

e Reviewed by City Council; decision is final.

CITY OF LAVA HOT SPRINGS
ORDIANCE NO.

AN ORDIANCE OF THE CITY OF LAVA HOT SPRINGS, A MUNICIPAL CORPORATION
OF IDAHO, ADOPTING A NEW TITLE 3 CHAPTER 5 “SHORT TERM RENTAL
ORJANCE” SETTING FORTH THE PURPOSE AND INTENT, DEFINITIONS, PERMIT AND
LICENSING REQUIREMENTS, INPECTION CRITERIA, OPERATIONAL AND HEALTH -
SAFETY STANDRDS, LOCAL CONTACT REQUIREMENTS, LICENSING CAPS AND
DENSITY CONTROL, ZONING RESTRICTION, ENFROCEMENT AND PENALTIES AND
APPEALS PROCESS

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF LAVA HOT
SPRINGS IDAHO:

SECTION 1. ADOPTION. Title 3, Chapter 5, “Short Term Rental Ordinance” is
hereby adopted.

Title 3 ~ Chapter 5: Short-Term Rentals
03.05.010: Title

03.05.020: Purpose and Intent

03.05.030: Definitions

03.05.040: Permit and Licensing Requirements
03.05.050: Inspections

03.05.060: Operational Standards

03.05.070: Health and Safety Standards
03.05.080: Local Contact Requirements
03.05.090: Licensing Cap and Density Control
03.05.100: Zoning Restrictions

03.05.110: Enforcement and Penalties

03.05.120: Appeals

03.05.010: Title

This chapter shall be known and may be cited as the "Short-term Rental Ordinance" of the City
of Lava Hot Springs. The provisions herein establish the requirements, procedures, and
regulations governing the operation, permitting, and enforcement of short-term rentals within the

city.
03.05.020: Purpose and Intent

The purpose of this chapter is to establish a regulatory framework for the operation of short-term
rentals within the City of Lava Hot Springs, ensuring the protection of public health, safety, and
welfare, while balancing the interests of property owners, residents, and visitors. This ordinance
is intended to preserve the residential character of neighborhoods, maintain housing availability,
and promote responsible property stewardship.

It is the further intent of this chapter to ensure compliance with all applicable state laws,
specifically including Idaho Code Section 67-6539, which recognizes the authority of
municipalities to regulate short-term rentals in a manner that does not outright prohibit them but
that reasonably addresses matters of public health, safety, and welfare, as well as compliance
with zoning and land use plans.

Adoption of this ordinance was guided in part by community input collected through the City’s
Short-Term Rental (STR) survey, in which stakeholders, property owners, and residents
identified key considerations and priorities regarding the impact of short-term rentals. The
feedback gathered was instrumental in shaping regulations that reflect the community’s values
and the need for both economic vitality and neighborhood integrity.

This chapter is adopted to provide clear guidelines for permitting, operation, and enforcement,
ensuring that short-term rentals contribute positively to the community while mitigating potential
adverse effects.

Except as expressly provided herein, all other ordinances, codes, and regulations of the City of
Lava Hot Springs shall remain in full force and effect. In the event of any conflict between the
provisions of this chapter and any other ordinance, code, or regulation, the provisions of this
chapter shall govern, and the conflicting ordinance, code, or regulation is hereby repealed to the
extent of such conflict.

03.05.030: Definitions
For the purposes of this chapter:

1. Short-Term Rental (STR): any individually or collectively owned single-family house or
dwelling unit or any unit or group of units in a condominium, cooperative or timeshare,
or owner-occupied residential home that is offered for a fee and for thirty (30) days or

less. Short-term rental or vacation rental does not include a unit that is used for any retail,
restaurant, banquet space, event center or another similar use.

2. Owner-Occupied STR: A STR unit where at least one of the owners physically resides for
at least six months annually and claims the homeowner’s tax exemption.

3. Local Contact: A natural person residing within 20 miles of city limits, available 24/7.

4. STR Permit: An annual license required to operate an STR.

5. Contract Zoned Properties: a parcel(s) of land subject to project-specific zoning
regulations established by development agreement between the city and a developer.

03.05.040: Short-term Rental Permit and Licensing Requirements

1. Licensing and Permit Requirements.

a. No person, owner, or operator shall offer, operate, or otherwise make available any
short-term rental within the city without first obtaining both:

1. A valid business license issued by the city, and

2. A valid short-term rental permit (vacation rental permit) issued in accordance
with this ordinance.

b. Both the business license and the short-term rental permit must be kept current and in
good standing for the duration of operation. Evidence of valid licenses and permits shall
be provided to the city upon request.

c. The requirements herein apply to all persons, owners, or operators of short-term
rentals, regardless of the duration, frequency, or manner of rental.

2: Annual Renewal of Licenses and Permits

a. All persons, owners, or operators of short-term rental units are required to renew both
their city-issued business license and short-term rental permit annually by December 31“.

b. Renewal applications and all required supporting documentation must be submitted to
the city no later than thirty (30) days prior to the expiration of the current license and
permit.

c. Failure to renew either the business license or the short-term rental permit prior to
expiration shall result in the automatic suspension of the right to operate the short-term
rental until all licenses and permits are brought current.

d. The city reserves the right to deny renewal of any license or permit if the applicant is
found to be in violation of any applicable law, ordinance, or regulation at the time of
renewal.

e. Proof of valid renewal shall be provided to the city upon request and posted in
accordance with the posting requirements of this ordinance.

3. Application Requirements

a. All applications for a short-term rental permit must include the following
documentation and materials:

1. Proof of satisfactory building inspection, conducted by the city or its designated
inspector, verifying compliance with all applicable safety, health, and occupancy
standards.

2. A complete building floor plan and site plan of the rental property, indicating all
sleeping areas, exits, parking spaces, and exterior features relevant to guest use
and safety.

3. Proof of current liability insurance covering the short-term rental use, with
coverage amounts meeting or exceeding the minimum standards established by
the city.

4, Written certification showing who are the owners of record for the property at
issue. If the property is owned by a Trust, a copy of the trust certificate or other
documentation showing ownership or right to control shall be provided. If the
property is owned by a corporation, limited liability company, partnership
(general or limited), or some other form of legal entity, a copy of the articles of
organization or incorporation, and most recent annual report, filed with the
secretary of state in whichever state the entity was organized or incorporated shall
be provided.

5. Local contact information for a representative, owner, or agent available to
respond to guest inquiries, complaints, and emergencies 24 hours a day.

6. Payment of the application fee, as established by resolution of the city council,
is non-refundable and due at the time of application submission.

7. Completion of Non-Property Tax documentation in accordance with current
City Ordinance

b. Incomplete applications or failure to provide required documentation shall be grounds
for denial or delay of permit issuance.

c. The city may request additional information or conduct further inspections as necessary
to ensure compliance with all regulatory requirements prior to granting a permit.

4, Posting Requirements.

a. The owner or operator must prominently display the valid short-term rental permit
inside the unit at all times during rental occupancy.

b. The permit, along with the following information, must be posted in a clearly visible
location near the main entrance or in a common area accessible to guests:

1. Maximum occupancy limit for the unit
2. Sanitation instructions, including trash disposal and recycling guidelines
3. Parking instructions, detailing permitted parking areas and restrictions

4. Permit number, expiration date, and contact information for the owner or local
representative

5. Upon issuance or renewal of the permit, the owner or operator shall provide the
city with the following information for posting on the city’s official website:

a. Property address

b. Permit number and expiration date

c. Name and contact information for the owner or local representative
d. Emergency contact information

6. A visible sign must be posted in front of the property with clear instruction for
contacting the property owner, property manager and Local Contact, with the
following information:

a. Business name
b. Telephone number where assistance is available 24 hours a day.

7. The owner or operator must notify the city in writing within 10 calendar days of
any changes to the required information.

03.05.050: Inspections

1: Initial Approval Inspection

a. Prior to the issuance of any short-term rental permit, the property shall undergo a full
inspection conducted by the city or its authorized agent to verify compliance with all
applicable building, safety, health, and operational standards as specified in this
ordinance.

b. The inspection shall include, but is not limited to, review of fire safety systems,
sanitation facilities, occupancy limit postings, parking accommodations, and overall
property condition.

c. Upon satisfactory completion of the initial inspection, the permit may be issued.
2: Annual Self-Inspection Certification

a. The owner or operator of a permitted short-term rental unit shall submit to the city an
annual self-inspection certification attesting to ongoing compliance with all operational
and safety requirements set forth in this ordinance.

b. The self-inspection certification shall be submitted no later than thirty (30) days prior
to the permit’s renewal date.

c. The certification shall be made on a form provided by the city and shall include
verification of the following:

1. Fire safety systems are in working order

2. Sanitation facilities and waste disposal procedures are maintained
3. Occupancy limit postings are present and accurate

4. Required parking spaces are provided and unobstructed

d. If no violations have occurred during the permit period, submission of the annual self-
inspection certification shall satisfy the inspection requirement for renewal.

3: Inspection Following Violation

a. In the event that a violation of any provision of this ordinance is documented during
any permit period, the owner or operator shall be required to undergo a full inspection by
the city or its authorized agent prior to renewal of the permit.

b. The inspection shall verify that all violations have been corrected and that the property
conforms with all applicable standards.

4: Inspection Costs

a. The fees for all required inspections, including initial, annual, and any inspections
following a violation shall be assessed and incorporated into the short-term rental permit
renewal cost, as established by city resolution.

5: Records and Compliance

a. The city shall maintain records of all inspections, certifications, and findings for each
permitted short-term rental unit.

b. Failure to comply with any inspection requirement shall be grounds for denial,
suspension, or revocation of the short-term rental permit.

03.05.060: Operation Standards

1. Occupancy Limits

a. The maximum occupancy for any permitted STR unit shall be limited to two (2) guests
per bedroom, plus two (2) additional guests regardless of the number of bedrooms.

b. For the purposes of this subsection, a "bedroom" shall be defined as any room within
the unit that is intended primarily for sleeping and meets all applicable building and
safety codes.

c. The total occupancy limit, as calculated above, shall not be exceeded at any time.

d. The occupancy limit shall be clearly posted inside the unit in a location readily visible
to all guests. The posting shall include the total number of occupants allowed and
reference this ordinance section.

2: Parking Requirements

a. Each permitted short-term rental unit shall provide a minimum of two (2) off-street
parking spaces for exclusive use by occupants and their guests.

b. The required off-street parking spaces must be located on the same parcel as the short-
term rental unit and may not be located in any public right-of-way.

c. Off-street parking spaces must be maintained in a usable and accessible condition at all
times.

d. The location and number of required off-street parking spaces shall be clearly
identified in all advertising, rental agreements, and guest instructions for the short-term
rental unit.

e. The owner or operator shall ensure that guests utilize the designated off-street parking
spaces and do not park in any manner that obstructs neighboring properties, sidewalks, or
streets.

3: Noise and Nuisance Standards

a. All short-term rental units shall comply with the standards and restrictions set forth in
the existing municipal noise ordinance, including but not limited to maximum
permissible noise levels, prohibited hours of excessive noise, and restrictions on
amplified sound.

b. No guest, occupant, or invitee of the short-term rental unit shall engage in any activity
that results in noise, disturbance, or nuisance to neighboring properties, public rights-of-
way, or the surrounding community in violation of the noise ordinance.

c. Quiet hours, as established by the municipal noise ordinance, shall be strictly observed
by all guests and occupants of the short-term rental unit.

d. The criteria and standards of the municipal noise ordinance, including applicable noise
limits and quiet hours, shall be clearly posted inside the unit in a location readily visible
to all guests. The posting shall include reference to this ordinance section and to the
municipal code provisions governing noise and nuisance.

e. The owner or operator shall ensure that guests are notified of these requirements and
shall be responsible for addressing and resolving any complaints or violations related to
noise or nuisance behavior at the short-term rental unit.

4. Trash and Sanitation Standards

a. All trash, refuse, and recyclable materials generated by guests or occupants of a short-
term rental unit shall be properly contained at all times in watertight, rodent-proof
residential trash containers with close-fitting lids as approved by the city’s waste
management authority.

b. Trash containers shall be placed for collection only in designated areas and in
accordance with city regulations regarding timing and placement on the property.

c. The owner or operator shall monitor the volume of waste generated at the property. If
the amount of trash or recyclables regularly exceeds the capacity of the provided
container(s), the owner or operator is required to obtain additional carts or bins, as
determined necessary by the city or waste hauler, to ensure that all waste is properly
contained and not left exposed.

d. At no time shall trash, refuse, or recycling be stored in a manner that creates a
nuisance, attracts pests, or results in litter or debris on the premises, adjacent properties,
or public rights-of-way.

e. The owner or operator shall provide clear instructions to guests regarding the proper
disposal and containment of trash and recycling, including the location of all containers
and the schedule for waste collection services.

f. All short-term-rentals are classified as commercial use for sanitation services and must
contract directly with the city sanitation service provider for trash removal.

5. Local Ordinance Compliance
a. Permitted short term rental shall comply with all other local ordinances.

b. The owner, tenant or occupant of any premises within the City abutting or adjoining
any public sidewalk shall remove all snow and ice from any such sidewalk daily.

03.05.070 Health and Safety Standards
1. Health and Safety Requirements

b. All short-term rental units shall be equipped with smoke detectors and carbon
monoxide detectors installed and maintained in accordance with the requirements set
forth by the current adopted building code. Detectors must be tested regularly and
replaced as required by the manufacturer or code.

c. Every bedroom within the short-term rental unit shall be provided with an operable
emergency egress window, installed and maintained in compliance with the current
adopted building code, to ensure safe means of escape in the event of an emergency.

d. At least one fire extinguisher, rated for residential use, shall be installed on each floor
of the short-term rental unit in a clearly visible and accessible location. Fire extinguishers
must be maintained in accordance with manufacturer guidelines and applicable fire safety
codes.

e. An emergency exit plan, clearly illustrating all available escape routes and identifying
the location of safety equipment, shall be posted in a prominent location on each floor of
the short-term rental unit. The plan must include instructions for contacting emergency
services and reference all relevant safety requirements and code sections.

f. The owner or operator shall ensure that all smoke detectors, carbon monoxide
detectors, egress windows, fire extinguishers, and posted emergency exit plans are
maintained in good working order at all times and that guests are notified of the location
and proper use of this safety equipment upon arrival.

03.05.080: Local Contact Requirements
1. Local Contact Requirements

a. The owner or operator of any short-term rental unit shall designate a natural person as
the local contact person who is authorized to act on the owner’s behalf. It shall not be
deemed sufficient to designate a company or corporate entity as the local contact unless
at least one natural person is designated to take the lead in responding to complaints,
emergencies, or other issues related to the operation of the unit.

b. The designated local contact person must be available 24 hours a day, 7 days a week,
and must maintain a physical presence within twenty (20) miles of the city limits during

the period in which the short-term rental unit is occupied. The owner or operator shall
designate a natural person

c. The name, telephone number, and other relevant contact information for the designated
local contact person shall be provided to the city prior to the issuance of any permit, and
must be clearly posted inside the short-term rental unit in a location readily visible to all
guests.

d. Failure of the local contact person to respond to complaints, emergencies, or inquiries
from the city or the public on more than two (2) separate occasions within any twelve
(12) month period shall constitute a violation of this ordinance.

e. Any change in the designated local contact person or their contact information shall be
reported to the city within 10 calendar days, and the updated contact information shall be
immediately reposted in the short-term rental unit as required by this section.

f. The owner or operator is responsible for ensuring the ongoing accuracy and
accessibility of posted local contact information and for compliance with all provisions of
this section.

03.05.090: Licensing Cap and Density Control
1. Citywide Cap on Short-Term Rental Units.

a. The total number of permitted non-owner occupied short-term rental units located
within residential zones shall not exceed five percent (5%) of the residentially zoned
housing units as determined by the most recent official U.S. Census data or other data
source as adopted by city resolution. This percentage meets the Idaho state rental
average and may be adjusted by subsequent resolution of the city council as necessary
to reflect changes in state or local conditions.

b. No cap shall be placed on short-term rental units located in contract zone properties
or commercial zoned properties.

c. No cap shall be placed on owner-occupied short term rental units located in
residential zones

d. The calculation of the citywide cap shall be reviewed annually and updated as new
housing unit data becomes available.

e. For purposes of calculating the city’s total number of housing units, the following
standards shall be applicable.

1) All single-family dwellings which are not being used or operated as a Short-
Term Rental shall count as one (1) unit.

10

2)

3)

4)

All single-family dwellings which are being used or operated as a Short-Term
Rental shall count as one (1) unit.

Multi-family dwellings, such as apartments, duplexes, condominiums, and
other multi-family dwellings, shall count as one (1) unit for each such
individual dwelling. For example, a single apartment building which
contains four separate apartments shall count as four (4) units.

Hotels and motels shall not count as housing units for purposes of this
section.

2. Maximum Units Per Parcel.

a. No more than one (1) short-term rental unit shall be permitted per single family
dwelling parcel of land, regardless of parcel size, zoning, or number of dwelling units

contained thereon.

b. For multi-family or condominium properties, each dwelling unit shall be
considered as an individual unit for cap calculations but shall be issued a single permit

for the

parcel / structure.

3. Conditions of Conveyance of Existing Short Term Rental Permit.

Any short-term rental unit which is already lawfully operating under a valid city-issued short-
term rental permit or business license as of the effective date of this ordinance shall be allowed to
continue to operate as short-term rentals provided are in compliance with the following

provisions.

a. The owner(s) of such existing STR units shall:

1.

Comply with all of the requirements of 3.05.040, including, without
limitation, the application requirements and posting requirements, and
obtain both a valid business license and valid short-term rental permit.

Undergo an approval inspection as outlined in 3.05.050 and comply with
the other requirements of 3.05.050.

Comply with the operation standards outlined in 3.05.060, including,
without limitation, the occupancy limits, parking requirements, noise and
nuisance standards, and trash and sanitation standards. If the owners of
existing units are unable to comply with the parking standards due to
having an insufficient number of off-street parking spaces required by this
ordinance, such owners shall be allowed to continue their existing STR
usage of the property as a non-conforming use as to parking spaces.

11

However, should ownership change of such an existing unit with
insufficient parking spaces, the new owner(s) shall be required to comply
with the parking requirements of this ordinance to continue to operate the
property as a short-term rental.

4. Comply with the health and safety standards outlined in 3.05.070, and the
local contact requirements outlined in 3.05.080.

b. The owners of existing STR units shall not be permitted to enlarge, increase, or
expand their use of their property for short-term rentals, by increasing the number
of rooms which they offer for short-term rental, constructing or installing
additional short-term rental units on the same parcel which contains the existing
short-term rental unit, or otherwise.

c. For existing short-term rental units which are non-owner occupied and located in
a residential zone, the owners of such units shall comply with the provisions of
3.05.100.1.c. Should any existing non-owner occupied short-term rentals in a
residential zone not be in compliance with 3.05.100.1.c with respect to multi-
family dwellings and condominiums, or with respect to compliance with
homeowners’ association bylaws, covenants, conditions, and restrictions, and
governing association or deed restrictions, then the existing short-term rental use
will be allowed to continue only so long as the current owner(s) continue to own
such property or units.

4. Waitlist System for Permit Applicants.

a. New permits allowed within the licensing cap limits shall be issued by lottery system.
To participate in the initial lottery process, complete applications must be received within
45 days of the passage of this ordinance.

b. Upon reaching the citywide cap established in section (1), any additional applicants for
short-term rental permits shall be placed on a city-administered waitlist for future
selection by lottery system.

c. When the number of permitted units falls below the cap due to permit expiration,
revocation, or voluntary surrender, permits shall be offered to waitlisted applicants by
lottery system, subject to compliance with all other requirements of this chapter.

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03.05.100: Zoning Restrictions
1. Permitied Zones.

a. Short-term rental units, whether owner-occupied or non-owner occupied, shall be
permitted in all commercial zones within the city, subject to compliance with all
provisions of this chapter and any other applicable city codes or regulations.

b. Owner-occupied short-term rental units shall be permitted in residential zones within
the city, subject to the requirements set forth in this chapter.

c. Non-owner-occupied short-term rental units are permitted in residential zones, subject
to the requirements set forth in this chapter and the citywide cap established in section
03.05.090, and subject to the following additional restrictions:

1. For multi-family or condominium properties, each dwelling unit shall be
considered as an individual unit for cap calculations but shall be issued a single
permit for the parcel / structure.

2. Any proposed non-owner-occupied short-term rental must provide written
documentation of compliance with homeowners’ association bylaws, covenants,
conditions, and restrictions.

d. Additional Conditions.

1. All short-term rental units, regardless of zoning, must comply with the
licensing, safety, and operational requirements contained within this chapter.

2. The city reserves the right to impose additional reasonable conditions or
limitations on the operation of short-term rental units as necessary to protect the
integrity of residential neighborhoods and the health, safety, and welfare of the
community.

03.05.110: Enforcement and Penalties

1. General Enforcement Authority. The city shall have the authority to enforce the provisions of
this chapter through administrative, civil, and criminal remedies, including but not limited to
inspections, citations, fines, permit suspension or revocation, and other remedies as provided by
law.

2. Violations. The following shall constitute violations of this ordinance and may subject the
owner, operator, or local contact person to enforcement action and penalties as provided herein:

13

a. Operating a short-term rental unit without a valid and current permit issued by the
city;

b. Failure to comply with safety requirements, including but not limited to installation,
posting, or maintenance of fire extinguishers, emergency exit plans, smoke detectors,
carbon monoxide detectors, egress windows, or any other required safety equipment.

c. Exceeding established occupancy limits for the short-term rental unit as specified in
the permit or applicable code;

d. Operating a short-term rental unit without registering for and remitting required city
taxes, including transient occupancy taxes or any other applicable assessments;

e. Violating any parking, noise, or other applicable local ordinances, regulations, or
code requirements;

f. Failure to designate, post, or maintain a local contact person as required, or failure of
the local contact person to respond to complaints, emergencies, or inquiries as specified
in Section 03.05.080;

g. Failure to update and repost local contact information following any change, or
failure to provide accurate or accessible contact information as required.

3. Notice of Violation. Upon determination that a violation has occurred, the city shall provide
written notice to the owner, operator, and/or designated local contact person describing the nature
of the violation, the corrective action required, and the time within which compliance must be

achieved.

4. Penalties. Penalties for violations of this ordinance may include, but are not limited to:

Initial violation shall receive a written warning identifying the date and type of
violation.

Second violation shall be subject to fine of $500 per violation

c. Third violation and result in suspension and
revocation of the short-term rental permit.

d. Assessment of costs of enforcement, including inspection fees and administrative
expenses, associated with violations shall be assessed to the permit holder;

e. Referral to appropriate authorities for prosecution of criminal violations where

warranted;

5. Repeat Violations. Repeat violations, defined as three (3) or more violations occurring within
any twelve (12) month period, may result in enhanced penalties, including immediate suspension
or permanent revocation of the short-term rental permit.

6. Remedial Action. The city may take immediate remedial action, including but not limited to
disconnection of utilities, issuance of stop work orders, or other measures necessary to protect

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public health, safety, and welfare, upon finding of an imminent threat resulting from
noncompliance.

7. Appeal Rights. Any person aggrieved by the enforcement actions or penalties imposed under
this section shall have the right to appeal in accordance with procedures established by the city.

03.05.120: Appeals
1. Right to Appeal.

a. Any applicant for a short-term rental permit, or any current permit holder, aggrieved
by a decision of denial, suspension, or revocation of a permit, may file an appeal of
such action.

2. Timeframe for Filing Appeal.

a. Appeals must be submitted in writing to the city within twenty (20) calendar days of
the date of notice of denial, suspension, or revocation.

3. Review by City Council.

a. All appeals shall be reviewed and considered by the city council. The city council
shall evaluate the appeal based on the record and any additional information
submitted by the appellant or city staff.

b. The city council shall issue a final written decision on the appeal. The decision of the
city council shall be final and binding.

4. Notice of Determination.

a. The city shall provide written notice to the appellant of the city council’s final
decision.

PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE LAVA HOT
SPRINGS, THIS DAY OF , 2025.

Vicky Lyon, Mayor
Attest:

Amantha Sierra, City Clerk

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Text is extracted by machine from the official file linked on each page; the official file is the record. Sentinel Media, LLC.