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ORDINANCE NO.2772
AN ORDINANCE CREATING CHAPTER 18.63 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "VACATION RENTAL DWELLINGS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.73 ofthe Moses Lake Municipal Code entitled"Vacation Rental Dwellings"iscreated
as follows:
18.63.010 Definitions: For the purposes of this chapter,the following definitions shall apply.
A. "Condominium dwelling"meansa dwelling unit,established under the HorizontalRegimes Act
ofthe State ofWashington, owned separately from anyother unitwithin the same building,if
any, and the lot on which the building is located is owned in common by all dwelling unit
owners.
B."Dwelling,Single-Family or One-Family"means a building containing one dwelling uniton a
lot,intended for occupancy by one familywhich may be either the lot owner or a renter.
C."Dwelling unit"means one (1) or more habitable rooms for one (1) familywith facilities for
living,sleeping,cooking,and eating.
D. "Full-time"means at least eleven (11)months out of the year.
E."Parking space"means a hard surface or porous pavement space of at least nine feet (91)by
twenty feet (20')that is reserved for vehicle parking purposes.
F."Short-term"means thirty (30)calendar days or less.
G."Vacation rental dwelling"means the use of an approved vacation rental dwelling by any
person or group of persons who occupies or is entitled to occupy a dwelling unit for
remuneration for a period of less than thirty (30)calendardays,counting portions of days as
full days,but in no event for less than twenty-four (24)consecutive hours.
H."Remuneration"means compensation,money,rent or other bargained for consideration given
in return for occupancy,possession or use of real property.
I."Violation"means any violation bythe owner or any occupant of any provision of this chapter,
any provision of the Moses Lake Municipal Code, or any violationof state law."
18.63.020 Intent: It is the intent of this chapter is to establish the terms,criteria and procedures by which
vacation rental dwellings may be permitted to ensure the safety and convenience of renters,
owners,and neighboring property owners;protect the characterof the residential neighborhoods;
and address potential negative effects such as excessive noise,overcrowding,illegal parking,
nuisance activities,and the accumulation of refuse.
18.63.030 Permitted Zones:A vacation rental dwelling use is a permitted use inallzoning districts that allow
single-family residences as a permitted use.
18.63.040 Eligible Dwellings and Limitations: A vacation rental dwelling may be located in a single-family
dwelling,an accessory dwellingunit, or a condominium dwelling. No more than one (1) vacation
rental shall be allowed on a single parcel,exceptthat this limitation shall notapplyto condominium
dwellings.
18.63.050 Application for Vacation Rental Approval: An application for vacation rental use of an eligible
{^J dwelling unit must be completed and submitted to the Community Development Director for
review.Applications shall be submitted on forms provided by the Community Development
Department.Ifcompliance withthe provisions of this chapter is demonstrated,an endorsement
for a vacation rental use will be issued.A business license for a vacation rental business will not
be issued bythe Cityuntilan endorsementfor vacation rental useofthe dwelling has been issued.
ORDINANCE 2772
PAGE 2 June 9, 2015
18.63.060 Criteriafor Endorsement:The following criteriashall be met in order forapproval of a property to
be authorized by the City asavacation rental dwelling.^\
A.Business License Endorsement:A business license endorsement shall be applied for and
obtained priorto any use of property as a vacation rentaldwelling.Endorsements are specific
to the owner ofthe dwelling unit.When the holder of an endorsement sells or transfers the
real property,the new owner shall obtain an endorsement before using the dwelling unit as a
vacation rentaldwelling.Vacation rentaldwellingendorsements shall remain ineffect so long
as a valid business license is maintained for the rental use and the property is not sold or
transferred.
B. Occupancy: Maximum occupancy of the rental shall be no more than two (2) persons per
sleeping room plustwo(2)additionalpersons perunit.The propertyowner shallbe responsible
forensuring that the dwelling unit is in conformance with its maximum occupancy.
C.Compliance:The vacation rental dwelling must comply with the requirements of the
International Building Code and International Residential Code.
D. Parking and Vehicles:At leastone (1)additional off-street parking space shall be provided for
the vacation rental use,inadditionto allother parkingrequired forthe dwelling. Parking on-site
alongthe frontpropertylineshallnot exceed forty percent (40%)ofthe front-yard frontage.The
numberof vehicles at a vacation rental residence shall not at any time exceed the number of
available parking spaces on the subject property. However, this limitation shall not apply to
condominium dwellings. Allovernightoccupant parking shall be on site or immediately infront
of the vacation rental dwelling.
E.Signage:No outdoor advertising signs related to thevacation dwelling shall be allowed on the
site.
F.Solid Waste Collection:Weekly solid waste collection is required during all months.In the
event that normal weekly collection is insufficient for the use,the property owner or local
property representative shall make arrangements for additional solid waste removal.
G. Local Property Representative:Where the propertyownerdoes notreside full-time within thirty
(30)minutes driving distance of Moses Lake,a local property manager shall be designated.
The local property managershall reside full-time within thirty (30)minutesdriving distance from
Moses Lake and shall be available twenty-four (24)hours a day to respond to complaints,
questions,or concerns.The local representative or property owner shall be responsible for
responding to complaintsabout the rental.The name,address,and telephone contact number
of the property owner or local representative shall be kept on file at the Community
Development Department.Additionally,a notice thatstates the name,address,and telephone
number of the property owner or local representative will be sent to all property owners within
two hundred feet (200')feet of the vacation rental property. Ifthe local representative changes,
the owner of the vacation rental property shall be required to send out new notices to all
property owners within two hundred feet (200')of the subject property.
H.Informational Sign: A sign shall be posted conspicuously inside the dwelling to provide
information on maximum occupancy,location ofoff-street parking,contact information for the
property owner or local representative,evacuation routes, and the renter's responsibility not
to trespass on private property or to create disturbances.
I.Responsible Person: A responsible person (aged twenty-five [25]orolder)who is an occupant
of the vacation rental dwelling and is legally responsible for ensuring that alloccupants and/or
their guests comply with all laws and regulations during their stay shall be identified for each
rental.
J. Inspection: A dwelling unit proposed fora vacation rental dwelling shall be inspected by the
Building Official or designee to determine its conformance with the endorsement standardsof
this chapter and basic health and safety elements as required by any applicable code.Any
corrective action required shall be completed beforethe dwelling unit can be rented.Vacation
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ORDINANCE 2772
PAGE 3 June 9,2015
rental dwellings shall be subjectto periodic re-inspection bythe Building Official ordesignee
()at the City's discretion to ensure compliance with the provisions of this chapter.The time
^-^frame for such inspections is subject to the City's discretion and available resources.
K.Other Standards:The vacation rental dwelling shall meet all applicable requirementsof the
zone in which it is located,including but not limited to setbacks, maximum height,and lot
coverage standards.
18.63.070 Notice Reguirements:Upon issuanceofanendorsement,the City shall provide noticeto property
owners within twohundred feet (200')ofthesubjectproperty (or outline of property thatis held in
common),advising that an endorsement for a vacation rental dwelling hasbeen issued.Such
notice shall includethe address of the dwelling unitthat received the endorsement,a location
where additional information can be obtained aboutthe nature of the endorsement,and the name,
phone number,mailing address,and email address (if available)of the owner or designated
contact.
18.63.080 Business License Required:Vacation rental dwellings shallmeet all local and state regulations,
including those pertainingto business licenses and taxes.
18.63.090 Continued ComplianceWith This Chapter:A Cityapproved vacation rental dwelling shallbe in
compliance with the standardsof MLMC 18.63.060 and 18.63.080at all times, orshall be subject
tothe provisions of MLMC 18.63.110.The ownerofthe vacation rental dwelling is responsible for
compliance with the provisions of this chapter. The failure of the local property manager or
representative to complywiththis chapter shallbe deemed non-compliance bythe owner.
18.63.100 Non-Transferabilitv:Avacationrentaldwelling approvalisissued toa specificownerofa dwelling.
Ifthe propertyowner sells ortransfers the real property,the new owner shallapply for and must
receive a vacation rentaldwelling approvalfromthe Citybefore using the dwelling as a vacation
ii rental.
18.63.110 Violations:Penalties, as specified in subsection 18.63.120,may be imposed forone (1) or more
of the following violations:
A.Advertising,renting, using, or offering for use,occupancy,or rent a vacation rental dwelling
where the owner does not hold a valid endorsement issued pursuant to this chapter.
B.Advertising,renting,using,or offering for use,occupancy,or rent a vacation rental dwelling in
a mannerthat does not comply with the endorsement requirements of section 18.63.050.
C. Failure by the owner to pay the special excise tax required by MLMC Chapter 3.28.
D. Failure of the owner's designated contact to respond to tenant,citizen,or City complaints or
inquiries. "Failure to respond"occurs if City staff is unable to reach the designated contact
after three (3)attempts,using the information that the owner has on filewith the City.
E.Failure of the owner orany occupant to comply withany of the provisions and/or requirements
of subsection 18.63.060.
18.63.120 Enforcement.Penalties,and Appeal:
A.Enforcement:This chapter may be enforced by any authorized representative of the City
including, but not limited to,the Police Chief, Building Inspector,Code Enforcement Officer,
Community Development Director,City Manager, or designee.
B.Penalties:
1. For the first two (2)violations within a twelve (12)month period,the City shall issue a
written warning to the owner.This written warning may also be accompanied by the
issuance of a Notice of Violation and/or Notice of Infraction as may be appropriate
pursuant to MLMC Chapter 1.20.
ORDINANCE 2772
PAGE 4 June 9,2015
2. For the third violation within a twelve (12) month period, the Community Development
Director shall revoke the owner's vacation rental dwelling endorsement.
3. Penalties underthissectionshallbe deemed tobe separate from anyotherapplicable
penalty provisions including license and tax penalties.
C.Appeal:Any owner wishing to appeal the revocation of the vacation rental dwelling
endorsement mayrequest an appeal tothe City Managerby filing a written noticewith the City
Manager within ten (10)calendar days after the date ofrevocation. Anyendorsement that has
been revokedcannot be reapplied for or issued fora period ofat least one (1)year from the
date the endorsement was revoked.
18.63.130 Severability:If anytermor provision of this chapter or the application thereofto any person or
circumstance shall,toanyextent,be invalid or unenforceable,the remainder ofthis chapterorthe
application of such term or provision to persons or circumstances other than those to which it is
held invalid or unenforceable shall not be affected thereby and shall continue in full force and
effect.
Section 2.This ordinance shalltake effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on June 9,2015.
ATTEST:
Dick Deane,Mayor
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APPROVED AS TO FORI
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L.Kenison,CityVmorney
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