New updates to County VHR ordinance could be in place by July

The El Dorado County Vacation Home Rental Ordinance was first created in 1997 and updated in 2004. At this time there are 900 permitted vacation home rentals (VHRs) in the County, 800 of which are in the Lake Tahoe Basin.

What started out with a “Good Neighbor Policy” has morphed into neighbors versus neighbors in El Dorado County and an ongoing VHR discussion as Supervisors work to create a new ordinance.

In October of 2012, El Dorado County Tax Collector C. L. (Cherie) Raffety held a meeting in South Lake Tahoe with owners of vacation home rentals in the County. She had started a "Good Neighbor" program and wanted vacation home owners to meet with neighbors to let them know they were renting, and to share contact information, thus being a good neighbor.

Two years later, Raffety once again held a South Lake Tahoe meeting for County residents to push the Good Neighbor Program. She said it was modeled after similar programs in other communities, one where owners of vacation homes should a good neighbor instead of creating a situation that causes Sheriff's deputies to be called out for excessive noise.

The program came with a brochure that was to be given to renters with their contracts, outlining how to be a good neighbor. There is a nice tone about the literature instead of appearing as a negative piece, Raffety said at the time.

Then, in 2017, the discussion became heated as residents sought for a quality of life not disturbed by parties and loud vacationers. It expanded to involve County Supervisors and staff, citizens, homeowners, second home owners, realtors and property management companies. An ad hoc committee was formed and Supervisors Sue Novasel and Michael Ranalli were appointed to lead it. Under their guidance the County's VHR ordinance is being revamped with help from the community.

On Wednesday, May 2, 2018, four of the five Supervisors were present at a special meeting in South Lake Tahoe where they discussed the headway the committee has made and hear from the public on their ideas, suggestions, observations and complaints concerning VHRs in their neighborhoods.

Several who got up to speak during the meeting plead for a moratorium until a completely updated ordinance could be completed.

"We’re going to be sitting ducks in the County if the ban passes in the City," Janet McDougall said, explaining that the County is affected by neighboring jurisdictions who tighten up VHR regulations.

The Supervisors had six items to work on Wednesday, then direct staff to create an update to the current ordinance for a first reading at their next meeting May 22. A second reading would be two weeks later with a new ordinance possible 30 days after that.

"This is the low hanging fruit, there will be more discussions," said El Doardo County Chief Administrative Officer Don Ashton. "Can’t bite off the whole apple at once."

1) Restructure Violation and Penalty Provisions - Increase penalties to encourage compliance with a progressive structure. Currently violations are met with a warning, $250, $500 within 12 months before revocation based on nuisance behavior. Proposed starts with a $500 fine, then goes to $1,000, $1,500 within an 18 month period.
2) Clarify language through the Ordinance to reduce subjectivity (like the words "best efforts") and establish clear expectations.
3) Require Exterior Signage - Signs will have local contact info and permit number.
4) Cap the number of occupants during quiet hours for 10:00 p.m. to 8:00 a.m.
5) Apply the ordinance Countywide - Only those inside the Lake Tahoe Basin were regulated, so begin in other areas, and give grace period to current VHRs that have business licenses.
6) Require inspections prior to the issuance of a permit. Lake Valley Fire is being looked at for being the inspectors, though the exact process has not been decided. All fees for VHR permits will be based on cost recovery for all involved.

Bear-proof trash receptacles were going to be part of the ordinance but were previously addressed in an revision to the Public Health and Safety ordinance language.

There will be many more aspects of the ordinance coming up in the near future as the ad hoc committee meetings continue.

Six years after she first unveiled the Good Neighbor Policy, Cherie Raffety was at Wednesday's meeting as well to help explain the fines side of things. Her tax collection office handles the permits, revocation and fines at the current time.

The community will have to be part of enforcement, said Raffety. She said almost every violation is disputed and nine times out of ten the person who reported the violation decline to sign a statement.

"You don’t win at the hearing, it is extremely difficult,: said Raffety. "Consider it your civic duty to write a declaration."

The intent of an updated ordinance is to achieve compliance, and look for the next round of additions to come to the Supervisors in the coming months.