Short-Term Rental Unit Business Licence and Regulation Bylaw No. 2697, 2021 — full text

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(g) KIMBERLEY A GOOD PLACE TO BE. City of Kimberley Short-Temn Rental Unit Business Licence and Regulation Bylaw No. 2697,2021 A bylaw to regulate Short-Term Rental Units within the boundaries of the City of Kimberley WHEREAS under sections 8(6) and 15 of the Community Charter, S.B.C., 2003,c.26, a municipal Council may, by bylaw, regulate in relation to business; AND WHEREAS under section 15 of the Community Charter, a municipal Council may provide for a system of licences, permits or approvals; AND WHEREAS the Council of the City of Kimberley considers it necessary and expedient to provide for the regulation of Short-Term Rental Unit businesses and to require that such businesses be licenced; AND WHEREAS the Council of the City of Kimberley has provided notice of its intention to adopt this bylaw and an opportunity to make written representations, and the Council of the City has done so in a form and manner and at times and as often as it considers reasonable; NOW THEREFORE the Council of the City of Kimberley, in open meeting assembled enacts as follows: Part 1. INTERPRETATION 1.1 This bylaw may be cited as the "Short-Term Rental Unit Business Licence and Regulation Bylaw, No. 2697, 2021". 1.2 Words or phrases defined in the British Columbia Community Charter, Interpretation Act, Local GovernmentAct or any successor legislation, shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw. 1.3 The headings contained in this bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this bylaw. 1.4 If any provision or part of this bylaw is declared by any court of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the illegal or inoperative portion shall be severed from the bylaw and the balance of the bylaw, or its application in any circumstances, shall not be affected and shall continue to be in full force and effect. Part 2. DEFINITIONS In this bylaw: Bylaw Enforcement Officer means the Person duly appointed or authorized by the Chief Administrative Officer for the purpose of enforcing the City's bylaws, including this bylaw, and includes any the Police. Business Licence Inspector means the Person duly appointed or authorized by the Chief Administrative Officer for the purpose of issuing business licences in the City. Chief Administrative Officer means that Person appointed by Council and any Person delegated to assist in carrying out his duties under this bylaw. City means the City of Kimberley or the area within the municipal boundaries as the context may require. Corporate Officer means that Person appointed by Council and any Person delegated to assist in carrying out his duties under this bylaw. Council means the Council of the City of Kimberley. Dwelling Unit has the same definition described in the Zoning Bylaw. Fire Chief means that Person appointed by Council and any Person delegated to assist in carrying out his duties under this bylaw. Guest means a Person who is occupying a Short Term Rental Unit which they have rented. Habitable Room has the same definition described in the Zoning Bylaw. Marketing means to offer for sale, promote, canvass, solicit, advertise, book, arrange or facilitate a rental, and includes placing, posting or erecting advertisements physically or online, but does not include the mere provision of a neutral space or location for such marketing activities in newspapers, bulletin boards oronline. Municipal Ticket Information Bylaw means the City of Kimberley Municipal Ticket Information Bylaw No. 2540, 2016 as amended from time to time, and including any successor thereto. Operator means an Owner who rents out, or offers for rent, any Short-Term Rental Unit but does not include a Person who acts as an intermediary between Guests and the Person who receives the rent. Owner, when used with reference to Real Property, has the same meaning as under the Community Charter. Person includes a natural Person, a company, corporation, partnership, firm, association, society, or party and the Personal or other legal representatives of a Person to whom the context can apply according to law. Police means the Kimberley Detachment of the Royal Canadian Mounted Police. Premises means an area of land, including a lot or parcel of land with or without buildings. Real Property means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the Real Property, and includes, as the context requires, individual premises located on the Real Property. Responsible Person means the Owner, or a Person designated by an Operator as the primary contact for a Short-Term Rental Unit. Short-Term Rental Accommodation has the same definition described in the Zoning Bylaw as Bed and Breakfast or Tourist Accommodation. Short-Term Rental Manager means a Person who serves as the Responsible Person for one (1) or more Short-Term Rental Units of which they are not the Owner. Short-Term Rental Unit means a Dwelling Unit used as a Short-Term Rental Accommodation where temporary accommodation of paying Guests for less than four (4) consecutive weeks or twenty- eight (28) days is authorized pursuant to this Bylaw, the Zoning Bylaw and other enactments. Strata Corporation, Strata Council, and Strata Lot have the same meaning as in the Strata Property Act. Zoning Bylaw means the City of Kimberley Zoning Bylaw No. 1850,1994, as amended, and the City of Kimberley Alpine Zoning Bylaw No. 2016, 1999 as amended, and including any successor thereto. Part 3. GENERAL REGULATIONS 3.1 No Person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of his duties. 3,2 The City, including its Bylaw Enforcement Officers, Fire Chief, Building Official, Police, and others acting on behalf of the City, shall have the right to enter upon the Real Property of any Owner or Occupant at all reasonable times and in a reasonable manner for the purposes of inspecting Real Property and declaring whether the Real Property is in compliance with the provisions of all City bylaws. 3.3 No failure to enforce this bylaw, nor any error, omission or other neglect in relation to any permit issued under this bylaw, shall be interpreted as giving rise to any cause of action in favour of any Person, or any duty of care owed to any Person by the City. Part 4. ADMINISTRATION 4.1 The Business Licence Inspector shall have the power to grant, issue or transfer licences as hereinafter provided, where they are satisfied that the applicant has complied with the requirements of the bylaws of the municipaiity and shall also have the power to suspend for such period as they may determine any licence if the holder of the licence: a) is convicted of an offence indictable in Canada; b) is convicted of an offence under any Municipal Bylaw or Statute of the Province in respect of the business for which he is licenced or with respect to the premises named in his licence; c) has, in the opinion of such official, been guilty of such gross misconduct in respect of the business or in or with respect of the premises named in his licence to warrant the suspension of his licence; or, d) has ceased to meet the lawful requirements to carry on the business for which he is licenced or with respect to the business premises named in his licence. 4.2 The suspension of a licence by the Licence Inspector shall be made in writing, signed by the Inspector, and sen/ed on the person holding such licence or delivered to the holder of such licence by registered mail to the address given by the licensee on the application for the licence. A notice of such suspension of licence may be posted by the Business Licence Inspector upon the premises for which the licence was issued and such notice shall not be removed until the licence is reinstated. Part 5. APPEAL 5.1 Any person whose licence has been suspended by the Inspector and who proposes to appeal such suspension to Council, shall submit a written request to. appear before Council at the next regular Council meeting, and the Notice of Intention to appeal shall state in concise fashion the several grounds upon which the appeal is based. Upon notification of the meeting time and place, he shall appear before Council, and upon such appeal, Council may confirm or set aside such suspension on such terms as it may deem fit. 5.2 Council may revoke a licence for reasonable cause after giving notice to the Licensee and after giving the licensee an opportunity to be heard. 5.3 The notice and opportunity to be heard is not required in respect of the licensee who by reasonable efforts cannot be found. Part 6. LICENCING Licencing Period 6.1 Each licence issued under this byiaw shall commence on January 1 of the year in which it is issued and terminate on December 31 of the same year, unless earlier renewed for the following calendar year by submission of a complete licence renewal form and payment of the annual licence fee prior to January 15 of the following year. 6.2 Any licence issued under this bylaw between the date of adoption and December 31, 2021, shall not be eligible for the pro-rata rate under subsection 6.4 and shall be valid until December 31, 2022. Licence Fee 6.3 The ilcence fees shall be: Short-Term Rental Unit Short-Term Rental Manager $300 per annum plus $50 to designate a Responsible Person other than the Owner $75 per annum Person 6.4 Pro-Rating of Licence Fee First Year Only a) The licence fee for a Short Term Rental Unit may be reduced pro-rata on a quarterly basis in respect of any Operator who becomes liable to be licenced after February 1st in a year, during that Operator's first year of operation only. Licence Required 6.5 A Person must not carry on business as an Operator unless the Person holds a valid licence issued under the provision of this Bylaw. 6.6 A Person must not carry on business as a Short-Term Rental Manager unless the Person holds a valid licence issued under the provision ofthis bylaw. Application 6.7 A Person applying for the issuance or renewal of a licence to operate a Short-Term Rental Unit must, in addition to meeting the requirements of the Zoning Bylaw: a) make an application to the Business Licence Inspector on the prescribed form provided for that purpose; b) pay to the City the applicable licence fee prescribed under subsection 6.3; c) provide, in the form satisfactory to the Business Licence Inspector, evidence that the Operator owns the premises where the Short- Term Rental Unit will be offered; d) when the Premises where the Short-Term Rental Unit will be offered is located within a Strata, provide confirmation that use of the Premises for Short-Term Rental Unit does not contradict any byiaws of the Strata Corporation or applicable provisions of the Strata Property Act; e) when the Premises where the Short-Term Rentai Unit will be offered is located in a zone designated in the Zoning Bylaw where Short-Term Rental Unit is only permitted as a Bed and Breakfast, provide evidence in the form satisfactory to the Business Licence Inspector that the Premises where the Short-Term Rental Unit will be offered is occupied by the Operator as their principal residence; t) when the Short-Term Rental Unit located in a zone designated in the Zoning Bylaw where Short-Term Rental Unit is only permitted as a Tourist Accommodation, provide the name and contact information for the Responsible Person; g) provide, in the form satisfactory to the Business Licence Inspector, a self-evaluation safety audit and attestation; h) provide a floor plan of the premises within which the Short-Term Rental Unit is to be conducted, identifying the location of smoke alarms and carbon monoxide alarms, fire extinguishers, fire exits, each habitable room, the types of bed in each Habitable Room, and the location of any sofa beds; I) provide the proposed maximum number of Guests allowed at any given time in the Short Term Rental Unit; j) provide a parking plan which complies with the parking requirements of the Zoning Bylaw; and k) provide any other information the Business Licence Inspector may require for the purposes of ensuring compliance with the City's bylaws and other enactments, 6.8 A Person applying for the issuance or renewal of a licence to operate as a Short-Term Rental Manager must: a) make an application to the Business Licence Inspector on the prescribed form provided for that purpose; and, b) pay to the City the applicable licence fees prescribed under subsection 6.3. Part 7. MARKETING 7,1 The Operator of a Short-Term Rental Unit must ensure that any marketing, publication, listing or promotional material offering for the Short-Term Rental Unit includes the licence number of a valid licence issued for that premises under this Bylaw, the approved habitable room count and the approved maximum occupancy. Part 8. RESPONSIBLE PERSON 8.1 An Operator who operates a Short-Term Rental Unit in their principal residence is the Responsible Person for that Short-Term Rental Unit. 8.2 Should an Operator who operates a Short-Term Rental Unit in a Premises other than their principal residence not be able to fulfil the responsibilities of the Responsible Person of section 8.5 of this bylaw, the Operator must designate a Responsible Person, who is licenced as a Short Term Rental Manager, as part of their licence application; 8.3 An Operator who designates a Responsible Person must ensure the Responsible Person has access to the licenced premises and authority to make decisions in relation to the Short Term Rental Unit and the rental agreement at all times that the Short-Term Rental Unit is operated. 8.4 The Operator must ensure that the name and phone number of the Responsible Person is prominently displayed in the Short-Term Rental Unit at alt times while the Short-Term Rental Unit is operated. 8.5 The Responsible Person must attend at the Short-Term Rental Unit within two hours of being requested by the Business Licence Inspector, Bylaw Enforcement Officers, Fire Chief, Building Official, Police, Operator or a Guest to do so. 8.6 An Operator who operates a Short-Term Rental Unit in their principal residence may be absent overnight from the principal residence at a time when the Short-Term Rental Unit is rented for no more than five (5) days per calendar year. 8.7 Should an Operator who operates a Short-Term Rental Unit in their principal residence be absent overnight from the principal residence at a time when the Short-Term Rental Unit is rented, the Operator must appoint an agent to fulfill the obligations of a Responsible Person under this Part 8 during that time and provide notice to the Business Licence Inspector and in accordance of section 9.1 b) of this byiaw. Part 9. CONDSTiONS OF LICENCE 9.1 An Operator of a Short-Term Rental Unit must: a) operate a Short-Term Rental Unit only on a licenced premises; b) notify neighboring property owners and residents on all adjacent sides of the licenced premises that a Short-Term Rental Unit is being operated thereupon, and provide the name and phone number for the Operator or Responsible Person to such neighbours; c) display the licence inside the entry way to the Short-Term Rental property: d) display in the entryway and in each approved habitable room of the Short-Term Rental Unit, a floor plan identifying the location of smoke alarms and carbon monoxide alarms, fire extinguishers, fire exits, each approved habitable room, the types of bed in each habitable room, and the location of any sofa beds; e) notify the Business Licence Inspector and pay the applicable fee prescribed under subsection 6.3 whenever a Person other than the Owner is designated as a Responsible Person for a Short-Term Rental Unit, i) display the Responsible Person's name and phone number inside the entry way of the Short-Term Rental property; g) ensure the Responsible Person is available for contact 24 hours a day during periods when the Short-Term Rental Unit is occupied by Guests, and responds to any nuisance complaint within 2 hours of notification; h) notify the Business Licence Inspector within 24 hours of a change in contact information for an Operator or Responsible Person; i) hold a separate licence for each Short Term Rental Unit to be operated; j) comply with all applicable requirements in the Zoning Bylaw, the BC Building Code, the BC Fire Code, and related enactments; k) cooperate and ensure cooperation of Responsible Person with City Licencing, Police and City Bylaw Enforcement during investigation of any complaint associated with the Shori-Term Rental Unit; 1) facilitate periodic inspections of the Short-Terrn Rental property as requested and conducted by the Fire Department and Building Official; m) ensure that the Short-Term Rental Unit and the Operator's Premises are in compliance with City bylaws regarding signage; n) keep a written registry of all Guests that are staying or have stayed in the Short-Term Rental Unit and make this registry readily available to the Licence Inspector upon request; o) submit an annual self-evaluation safety audit and attestation in the form provided for that purpose by the Business Licence Inspector; p) ensure no more than one booking is permitted within the Short-Term Rental Unit at one time; and, q) ensure no more than twelve (12) Guests are present at the Short Term Rental Unit at a once. 9.2 An Operator of a Short-Term Rental Unit must not: a) rent out any habitable room or provide any sleeping accommodation within any vehicle, tent, or otherwise non-permitted structure; or b) allow to be used as habitable room, any rooms that are not approved and identified on the licence application for that premises as Short Term Rental Unit habitable rooms. 9.3 Any Person identified as the Responsible Person of one (1) or more Short- Term Rental Properties of which they are not the Owner must hold a licence as a Short-Term Rental Manager 9.4 A Short-Term Rental Manager must: a) notify the Business Licence Inspector within 24 hours of a change in their contact information; b) cooperate and ensure cooperation with City Licencing, Police and Bylaw Enforcement Officers during investigation of any complaint associated with Short-Term Rental Units for which they are designated as the Responsible Person. Part 10. ENFORCEMENT AND PENALTIES 10.1 The provisions of this bylaw may be enforced by a Bylaw Enforcement Officer, Police, or any other Person designated or appointed by Council to enforce this bylaw. 10.2 Every Person who violates any provision of this bylaw, or who permits any act or thing to be done in contravention of this bylaw, or who fails to do any act or thing required by this bylaw, is guilty of an offence under this bylaw and: a) shall be liable to a fine set out in the Municipal Ticket Information Bylaw. b) shall be liable on summary conviction to a fine of not more than Fifty Thousand Dollars ($50,000), imprisonment of not more than 6 months, or both, plus the costs of prosecution, in addition to any other penalties or remedies provided for in this bylaw, and in addition to any other remedy permitted by any other statute or enactment; and c) any combination of the above. 10.3 Any fine or penalty or remedy imposed under this bylaw shall be in addition to and not a substitute for any other penalty or remedy imposed pursuant to any other applicable enactment. 10.4 Each day an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence. Part 11. ADOPTION Read a first, and second time on the 16th day of August, 2021, Read a third time on the 25th day of October, 2021. Adopted on the 8th day of November, 2021. ,.^ il fu runAi. Lu^ii^ Mayor Corporate Officer