Council passes new South Lake Tahoe Vacation Home Ordinance

In response to noise, trash and occupancy complaints, the City of South Lake Tahoe has adopted a new Vacation Home Rental Ordinance. The vote was 4-0 in favor since Councilman Tom Davis had to recuse himself since he is part owner of Tahoe Keys Resort.

There has been a big trend in cities across the state to revisit existing vacation home rental (VHR) policies and change them to fit both the needs of the community and visitor. With the popularity of home rental sites like VRBO and Airbnb, more people are finding the comfort of home when they travel more appealing than traditional lodging properties. Cities like Santa Cruz, Capitola, Monterey, Napa, Rancho Mirage and San Diego County have, or are in the process of, re-evaluating their policies where vacation homes are concerned.

During the past few months that the topic of the City's current VHR policies have been in the forefront, with community meetings held to hear all sides to the topic. Many asked for a better ordinance that didn't leave evaluation of noise to one person's opinion. A new side to the argument was presented during Tuesday's City Council meeting: there are builders currently building homes based on the past vacation home rental market. They have loans out, paid for property and materials based on the value should the home be rented out as a vacation home.

Comments from previous meetings were evaluated, and taken into consideration in the rewriting of the new ordinance.

The VHR Ordinance contains the following:
- Occupancy is now two people max for a studio, one bedroom is four max. Two bedrooms and up can have two people/bedroom plus 4 additional people (not including children under 10)
- Establishes clear prohibition of noisy activities after 10 p.m.
- Requires sign near outdoor pool, hot tub or spa to inform guests of noise restrictions
- Requires cars to be parked are areas designed for parking
- Adds 24/7 Text enabled contact person
- Establishes "good neighbor" sign requirement
- Ordinance must be posted in the rental home
- Hot tub jets can not be operated between 10 p.m. and 7 a.m.
- In addition to penalties for operating a VHR but not obtaining a permit, a homeowner will have to obtain a fire inspection, building inspection and get bear boxes installed.
- Trash cannot be left out before 6 p.m. on the night prior to trash pick up day.
- Hot tubs must meet El Dorado County Health Department rules.

Fines are now based on the following schedule:
# Violation......... Violator.........Property Owner
1st Violation.........$250......No Fine, notification of citation
2nd Violation.........$500............$250, plus warning
3rd Violation........$1,000.....$500, plus higher renewal fee
4th Violation........$2,000....$1,000, plus higher renewal fee

New VHR annual fee schedule:
Occupants....No Violations....Three (3)Violations
4 or less.......$150...............$300
5 to 8..........$300...............$600
9 to 12.........$600..............$1,200
13 or more....$800..............$1,600

The new fees will be applied during the next renewal.

Another key component of the ordinance is for the home owner or property manager to have a text enabled phone so the City can document the receipt of a complaint.

What the new ordinance doesn't address are neighborhood issues. The number of licensed vacation homes allowed per neighborhood and other rules will be addressed in another meeting and not on this ordinance.

The Council will look at the fee structure again in one year. It can be either remain as it, or be raised or reduced, depending on what statistics show at that time.

If a vacation home doesn't abide by the trash rules, the Solid Waste JPA is looking into requiring bear proof trash cans during their next meeting.

A full time vacation home code enforcement officer is being hired. They will work the days and hours that most vacation homes are occupied (Thursday-Sunday 4 p.m. to 2 a.m.). Their sole job will be VHR enforcement which will satisfy many complaints that police officers didn't have time to tend to all of the complaints.