Title
Ordinance amending and supplementing the Pittsburgh Code, Title Seven: Business Licensing, Article VII Service Businesses, adding a new Chapter 768: Short-Term Rental Housing.
Body
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Zoning Code, Title Seven: Business Licensing, Article VII: Service Businesses, is hereby amended to include a new Chapter 768: Short-Term Rental Housing as follows:
CHAPTER 768: SHORT-TERM RENTALS
§768.01 Intent.
It is the purpose of this chapter to protect the public health, safety, and general welfare of individuals and the community at-large to facilitate and provide reasonable means for citizens to mitigate impacts created by occupancy of Short-Term Rental uses and to implement rationally based, reasonably tailored regulations to protect the integrity of the city’s neighborhoods.
§768.02 Definitions.
As used in this Chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. The definitions of §701.01 of the Pittsburgh City Code apply to this chapter unless modified by this section.
A. CITY means the City of Pittsburgh. To the extent that this Article requires filings or submissions, City shall refer to the Department of Permits, Licenses, and Inspections, Department of Finance, City Planning or other entity that the City has legally designated to perform a function on its behalf.
B. DWELLING UNIT means a building, or portion thereof, designed for occupancy for residential purposes and having cooking facilities and sanitary facilities.
C. GUEST means any individual who has the temporary use and occupation of real property owned by another person in subordination to that other person's title and with that other person's consent; for example, a person who rents or leases a dwelling, dwelling unit, or rental unit from an operator.
D. OPERATOR means any person who owns or controls a dwelling, dwelling unit, or rental unit and rents such unit, either personally or through a designated agent, to any person.
E. OWNER means the legal title holder of a rental unit or the premises within which the rental unit is situated.
F. PERSON means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation or receiver, executor, personal representative, trust, trustee, conservator or other representative appointed by order of any court.
G. RENTAL UNIT means any dwelling unit or structure containing dwelling units or sleeping units, which is leased or rented from the owner or other person in control of such units, to any tenant or guest as a “Short-Term Rental” as defined in §911.02 of the Pittsburgh City Code.
H. SLEEPING UNIT means a building, or portion thereof, designed for occupancy for residential purposes and can have cooking facilities or sanitary facilities but not both.
§768.03 License Required.
No person shall own or operate a “Short-Term Rental” as defined in §911.02 of the Pittsburgh City Code within the City without:
(a) A valid license from the License Officer as required by this chapter.
a. No permit holder shall transfer the right to operate under any permit issued under this chapter to any other person or entity.
b. A permit issued under this chapter shall grant the legal right to operate a Short-Term Rental only for the property for which it is issued.
(b) Valid approval from the Zoning Administrator as required by Pittsburgh City Code Chapter 922.
(c) A valid permit as required by Chapter 781.
§768.04 General Provisions.
The general provisions of Article 1 of this Title apply to this chapter unless excluded or modified by this Chapter.
§768.05 Information Required.
In addition to the information required by §701.08, the applicant shall provide the following information or documents:
(a) A record of zoning approval or certificate of occupancy as required by Pittsburgh City Code Chapter 922.
(b) A permit or associated permit number as required by Pittsburgh City Code Chapter 781.
(c) All information required by Pittsburgh City Code 781.03.
(d) The number of bedrooms in each “short term rental” unit.
(e) The maximum number of intended occupants for each “short term rental” unit.
(f) A tax compliance letter from the Department of Finance documenting that there are no delinquent taxes outstanding for the subject property.
(g) An affidavit signed by the owner or their authorized agent attesting that the property is not subject to any contractual restrictions precluding the property from being used for Short-Term Rental, including but not limited to a homeowner association agreement, condominium bylaws, restrictive covenants, leases or building restrictions.
(h) An affidavit signed by the owner or their authorized agent attesting that they only rent to guests at least eighteen (18) years of age unless accompanied by a parent or legal guardian.
(i) The name, address, and phone number for the individual responsible for the “short term rental” daily operations, and whether or not the responsible individual is an occupant of the property.
§768.06 Term of License.
A license issued under the provisions of this Chapter shall be valid for a term of one (1) year from the date of issuance and shall be renewed yearly. A listing of all active licenses shall be maintained and posted publicly and shall indicate whether or not the licensee is an occupant of the property.
§768.07 Operating Standards.
(a) Guests shall be limited to a maximum length of stay of twenty-eight (28) consecutive days;
(b) The maximum number of guests permitted in any Short-Term Rental shall be determined in the manner provided for in the Pittsburgh Code of Ordinances Chapter 781 and the associated Department of Permits, Licenses, and Inspections promulgated rules and regulations.
(c) Guests of a Short-Term Rental unit must be at least eighteen (18) years of age unless accompanied by a parent or legal guardian;
(d) A daily register of guests shall be maintained for the duration of the license and made available for inspection by any City of Pittsburgh Code Enforcement Officer. The daily registry of guests shall comply with these license regulations.
(e) The license obtained under this chapter shall be posted on the property at all times during operation as a Short-Term Rental.
(f) For Short-Term Rental units as provided for by §911.04.A.101, the individual responsible for the Short-Term Rental as specified under §768.05(i) must be located within 25 miles of the subject property.
(g) For Accessory Short-Term Rental units as provided for by §912.09, the unit shall be managed by the owner of record, who is also a resident of the property.
§768.08 Inspections.
The License officer is hereby authorized and directed to inspect each “short term rental” unit after the initial license issuance to confirm the maximum number of guests per this Chapter. The inspections shall be performed as provided for in the Pittsburgh Code of Ordinances Chapter 781 and the associated Department of Permits, Licenses, and Inspections promulgated rules and regulations. The Department of Permits, Licenses, and Inspections may modify inspections in their promulgated rules and regulations for this chapter.
If the owner or operator fails to provide the License Officer access sufficient to perform required inspections, the License Officer may suspend or revoke the license.
§768.09 License Fee.
The annual fee for issuance of a Short-Term Rental license shall be distinguished between an applicable establishment where Short-Term Rental is the primary use as defined in §911.04.A.101, as compared to an establishment where Short-Term Rental is an accessory use as defined in §912.09, by respective amounts as prescribed by the annual fee schedule established by the process set forth in Chapter 170 of the City Code
§768.10 Implementation and Enforcement.
(a) A Short-Term Rental License may be suspended or revoked for:
a. Violation of the operating standards established in §768.07
b. Violation of the permit requirements of Chapter 781
c. Disruptive Activity as defined in §670.02(f)
d. Serious Offense as defined in $670.02(g)
(b) The Department of Permits, Licensing, and Inspections shall coordinate the implementation and enforcement of this ordinance and shall promulgate appropriate regulations for such purposes, including establishing different penalties based on the frequency of offense.
(c) The regulations promulgated by the Department of Permits, Licensing, and Inspections shall be communicated to City Council.
(d) A listing of suspended and revoked licenses shall be maintained and posted publicly.
(e) This ordinance shall take effect immediately following the posting of the regulations by the Department of Permits, Licenses, and Inspections.
§768.11 Notice.
(a) When the License Officer determines that there has been a violation of any provision of this Chapter, the License Officer or their designee shall send the owner a written notice of said violation(s). Such written notice shall identify specific violation(s), any corrective actions required to resolve the violation(s), and the right to appeal per this Chapter.
(b) Notice shall be served in accordance with applicable law and per the adopted property maintenance code.
§768.12 Penalty.
Operating a "short term rental” unit within the City without a valid license from the License Officer as required by this Chapter shall be a summary offense. The fine for each separate violation shall not exceed five hundred dollars ($500.00) per each “short term rental” unit per month that a “short term rental” unit is not registered or properly permitted as required by this Chapter.
This penalty section shall not limit the rights of the City, tenants, guests or any other person with legal standing to take any lawful action or seek any remedy available to them at law or in equity.
§768.13 Severability.
This Chapter and the various parts, sections, subsections, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Chapter shall not be affected thereby.
§768.14 Repeal.
All resolutions, ordinances, or parts thereof in conflict in whole or in part with any of the provisions of this Chapter are, to the extent of such conflict, hereby repealed.