Ordinance in the works to monitor short-term rental properties

Single family homes in Clear Lake used as short-term vacation rentals may soon require a permit to make home owners more accountable for their guests’ behavior.

City Administrator Scott Flory brought up the issue to the City Council at its regular meeting Tuesday, Sept. 6.  While the topic was not formally discussed, and a request for a work group to develop an ordinance was approved, at least one Council member seemed reluctant to pursue the idea.

“Clear Lake, as a vacation destination, may be one of the few to not have an ordinance,” said Flory, adding he feels that with the growth of vacation rental websites such as Airbnb.com and others, short term property rentals will continue to grow.  “At a hotel, you would call the hotel manager and ask someone to turn down the noise.  In this situation (home rental), you’d have to defer to the police department to come… and that’s only a short-term fix.  A week later another tenant will be in.  There doesn’t seem to be much in the way of consequences for home owners who are not good neighbors.”

The genesis for creating an ordinance arose from recurring complaints the city has received about loud noises into the early morning hours, said Flory.

He proposed creation of a work group, comprised of city leaders, short term rental property owners and the general public, to develop an ordinance which would address issues such as occupancy limits, necessary safety standards similar to those required of hotels and bed and breakfasts, parking requirements and more.

“It’s way too early to talk about what this would entail, but it would likely be some sort of permit system,” said Flory. “It would hold homeowners accountable.  The emphasis is to make these properties good neighbors.  Develop a process to follow if (someone) is adversely affected, so local government can deal with it.  We currently don’t have a process short of calling police.”

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Local hotels and bed and breakfast owners are proponents of an ordinance dealing with short term rental properties, added Flory.

“I think we need to look at this with a critical eye,” said Mayor Nelson Crabb.  “Lately, I have heard stories leading us to take a look at this.”

Councilman Gary Hugi seemed more reluctant, saying “Ultimately, it is the property owners’ responsibility.  Who is going to police this?  This has been going on for a year.  I don’t want to open a can of worms.”

Flory said he did not believe an ordinance would over-burden city staff.  It would most importantly allow for inspection and a permit.    

A work group, yet to be named, will develop an ordinance for the Council to consider.  A public hearing and three readings would be necessary before an ordinance would be formally adopted.

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