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(A) The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the operating license. The approval criteria also operate as continuing code compliance obligations of the owner. Staff may verify evidence submitted and the applicant shall cooperate fully in any investigation.

(B) To receive approval, an applicant must demonstrate that all approval criteria listed below has been satisfied:

(1) Zoning. The property is in compliance with requirements of Chapter 157, Zoning.

(2) Contact Information. The applicant or authorized agent has provided information sufficient to verify a qualified person will be available to be contacted about use of the short-term rental during and after business hours. The licensee or local representative shall be available to be contacted by telephone to ensure a response to the short-term rental address at all hours (24 hours a day, seven days a week) while the dwelling unit is occupied for rent. Response must be within 30 minutes. The designated representative may be changed from time to time throughout the term of the license. To do so, the license information shall be revised with the City at least 14 days prior to the date the change takes effect, except when the failure to do so is beyond the licensee’s control. In an emergency or absence, contact forwarding information to a qualified person may be provided for the licensee or representative. In the case of hosted homeshares, the contact person shall be the permanent resident who will be hosting the transient accommodations.

(3) Notice to Neighbors. For vacation home rentals, the licensee or authorized agent shall post a small placard or sign as specified by the City on the property in proximity to the adjacent street advising neighbors and tenants of the operating license number and owner or representative contact information where it can be seen from the public right-of-way. The City may post this information on the City’s website. The purpose of this notice is so that adjacent property owners and residents can contact a responsible person to report and request resolution of problems associated with the operation of the short-term rental. If the permanent contact information changes during the license period, the City must be notified and the new information must be changed on the placard or sign.

(4) Limit of One STR License per Owner and One License per Dwelling Unit. No owner, as defined herein, shall obtain or hold more than one City-issued short-term rental operating license at the same time. Each separate dwelling unit requires a separate operating license, and each operating license shall authorize the short-term rental use of only a single dwelling unit. One lawfully established houseboat, consisting of no more than two dwelling units, is excluded from this provision.

(C) Health and Safety.

(1) Responsibility. It is the licensee’s responsibility to ensure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws. In the event that there is any report to the City that any of the required standards are missing or not workable in the rental unit, the City may notify the owner of the unit that they have 30 days to bring their unit into compliance, or their short-term rental permit may be revoked.

(2) Executed Indemnification and Hold Harmless Agreement. An agreement on a form furnished by the City of Nehalem stating that the property owner agrees to indemnify, save, protect, hold harmless, and defend the City of Nehalem, individually and collectively, and the City’s representatives, officers, officials, employees, agents and volunteers from any and all claims, demands, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising, out of the owner’s actions or inaction in the operation, occupancy, use, and/or maintenance of the property.

(3) Fire and Emergency Safety. A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual operating license application and renewal. The licensee shall be responsible for completing the fire safety checklist and ensuring continued compliance. Verification by the City may be required prior to issuance of a license and may be required for each renewal at the City Manager’s discretion.

(4) Emergency Equipment. The owner shall provide in the dwelling unit information and equipment to assist renters in dealing with natural disasters, power outages and other emergencies.

This equipment shall include, but not be limited to, at least one “go-bag” for every two people permitted inside the dwelling unit according to the maximum occupancy limit established by the City. All go-bags are intended to be used by two persons and have these essential items:

Two ponchos

Two emergency blankets

Two hand warmers

Sixty-four ounces of water

One emergency water filtration system

Food rations to supply a minimum of 12,000 calories (2,000 per day/ person) (e.g., Coast Guard food bars)

Whistle (a good-quality one to call for help if necessary)

Basic first aid supplies

Light source (e.g., light stick, headlamp or flashlight with batteries)

Hand sanitizer

Local evacuation map listing route to the nearest designated assembly areas identified by the City

A sign showing the location of the go-bags must be clearly visible to all renters. Verification by the City may be required prior to issuance of a license and may be required for each renewal at the City Manager’s discretion.

(5) Solid Waste Collection – Minimum Service Requirements. During all months that the dwelling is available for transient accommodation, vacation home rentals shall have weekly solid waste collection service with assisted pick-up (side yard service) provided by the solid waste provider, if available. For the purposes of this section, “assisted pick-up” means the collection driver retrieves the cart from the driveway or side yard, rolls it out for service, and then places it back in its original location

(6) House Number. A house number, visible from the street, shall be maintained.

(D) Mandatory Postings.

(1) License. The short-term rental license (authorization to operate short-term rental) issued by the City (or a copy thereof) shall be displayed in a prominent location within the interior of the dwelling adjacent to the front door. The license will contain the following information:

(a) A number or other identifying mark unique to the short-term rental operating license which indicates the license is issued by the City of Nehalem, with the date of expiration;

(b) The name of the licensee or local representative and a telephone number where the licensee or representative may be contacted;

(c) The number of approved parking spaces;

(d) The maximum occupancy permitted for the short-term rental;

(e) Any required information and conditions specific to the operating license;

(f) The property address; and

(g) The City of Nehalem official logo.

(2) Tax Authorization. City-issued authorization to collect transient lodgings tax.

(3) Tsunami Evacuation Map. A map of the surrounding area showing streets and the route to safety in the event of a tsunami (DOGAMI tsunami evacuation map).

(4) Parking Diagram. Approved parking spaces as specified in division (F) below.

(E) Transient Lodging Tax. The licensee shall be in compliance with the transient lodging tax pursuant to Chapter 111, and subject to the tax administrator’s authority under that chapter.

(F) Parking.

(1) A minimum of two off-street parking spaces shall be provided, plus one additional space per each bedroom over two. Parking areas shall not be located in the front yard. If the garage is to be utilized to meet the parking requirement, a photo of the interior of the garage shall be submitted to show the garage is available for parking.

(2) Location and design of parking spaces shall comply with all applicable city ordinances.

(3) A parking diagram of the approved parking spaces shall be provided to tenants and be available in a prominent location within the short-term rental dwelling.

(4) Guests of a short-term rental shall complete a registration form approved by the City for each vehicle that will be parked at the rental site. Registration forms shall be completed according to the instructions contained on the form. Registration forms shall be retained by the owner or its management rental company for a period of one year from the time the rental ends.

(G) Occupancy. The maximum occupancy for the dwelling shall be two people per bedroom.

(H) Use Required for Renewal. The property shall generate at least $5,000 in taxable rent from rental occupancy during the previous year as demonstrated by transient room tax reports filed pursuant to Chapter 111. The person responsible for receiving the transient room tax reports and verifying the amount of tax due will determine whether this standard is met by providing a summary determination to the City Manager for processing of the renewal application. Information provided by the owner under Chapter 111 shall be kept confidential to the extent allowed or required by law. (Ord. 2023-02, passed 02/13/2023)