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HomeMy WebLinkAbout4847 Ordinance - Short Term Rental Ordinance Amending PMCOrdinance – Creating PMC 5.120- 1 Version 3.6.2026 {DPK4900‐1446‐5720;1/13206.000004/}  ORDINANCE NO. 4847 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING PASCO MUNICIPAL CODE CHAPTER 5.120 SHORT-TERM RENTALS TO ESTABLISH A CLEAR REGULATORY FRAMEWORK FOR SHORT-TERM RENTAL OPERATIONS WITHIN THE CITY OF PASCO; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, short-term rentals can provide additional lodging opportunities for visitors, temporary workers, and families visiting the Tri-Cities region; and WHEREAS, property owners should have reasonable opportunities to utilize their property while protecting neighborhood character; and WHEREAS, a licensing and enforcement program can provide accountability and compliance with local and state laws; and WHEREAS, appropriate regulations are necessary to protect public safety, housing availability, and residential quality of life. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to establish a clear regulatory framework for short-term rentals operating within the City of Pasco. Section 2. Chapter. PMC 5.120 Short Term Rentals is hereby adopted and shall read as follows: Chapter 5.120 Short-Term Rentals Sections: 5.120.010. Intent. 5.120.020. Applicability. 5.120.030. Short-term rental. 5.120.040. Notice, approval, and/or denial of short-term rental business licenses.   Ordinance – Creating PMC 5.120- 2 Version 3.6.2026 {DPK4900‐1446‐5720;1/13206.000004/}  5.120.050. Suspension or revocation procedure. 5.120.060. Penalties. 5.120.010. Intent. It is the intent of this chapter to recognize the desire of some property owners to rent their dwelling on a short-term basis and establish appropriate regulations to mitigate the disruption that short-term rentals may have on a neighborhood. This purpose and intent shall govern the interpretation of the entire chapter. 5.120.020. Applicability. The regulations established in this chapter apply to all short-term rentals proposed or located within a legally established dwelling unit, accessory apartment, or portion thereof. "Short-term rental" means a legally established dwelling unit, accessory apartment, or portion thereof that is offered as a rental to guests for fewer than thirty consecutive nights. 5.120.030. Short-term rental. To operate a short-term rental, the short-term rental applicant shall first obtain an approved short-term rental permit and City of Pasco business license. A. Short-term rental permit application procedure. 1. A short-term rental permit issued to one person or entity shall not be transferable to any other person or entity nor shall a short-term rental permit be valid at any address other than the one appearing on the permit. 2. A short-term rental permit is considered valid until one or all the following criteria exist: a. Owner changes, or b. A valid Business License associated with the permit no longer exists. B. Complete application. A complete short-term rental permit application shall include the following: 1. Completed short-term rental permit application. 2. A verified statement by the applicant that the property affected by   Ordinance – Creating PMC 5.120- 3 Version 3.6.2026 {DPK4900‐1446‐5720;1/13206.000004/}  the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the consent of all owners of the affected property. 3. Written description of the proposed short-term rental operation and affirmation that the proposed operation will meet the general requirements of Chapter 5.120.030.E. 4. Written description of the proposed location for the short-term rental operation. 5. A completed Good Neighbor Policy form. 6. Short-term rental permit fee as established by resolution of the City of Pasco City Council. C. Criteria for short-term rental permit approval. 1. The proposed operation is found to be consistent with the definition for short-term rental. 2. The application is found to be in compliance with all general regulations required by this chapter. 3. The proposed short-term rental is located within zoning districts where short-term rentals are allowed. D. Annual business license renewal. Each annual renewal of the owner's business license shall include and comply with the following: 1. Before the annual renewal of the business license the owner shall submit to the City a signed affidavit approved by the director and the city attorney. Through the affidavit the owner shall confirm information including, but not limited to, the following: a. Affirmation that the general regulations of 5.120.040 have been met. E. The following conditions of approval apply to permits for short-term rentals: 1. Local Property Representative. The property owner must designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of: (a) responding within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental; and (b) taking remedial action to resolve any such complaints. The name,   Ordinance – Creating PMC 5.120- 4 Version 3.6.2026 {DPK4900‐1446‐5720;1/13206.000004/}  address, and telephone number of the property owner and the local property representative shall be kept on file at the city. The failure to provide the contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of approval and/or civil or criminal penalties. 2. Occupancy. Maximum occupancy of the rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy. 3. Restrictions on Use. A renter may not use a short-term rental for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity. 4. Signage. No outdoor advertising signs related to the rental dwelling shall be allowed on the site. 5. Informational Packet. A packet of information shall be provided to renters in advance of arrival and posted conspicuously in the common area of the short-term rental during each stay summarizing guidelines and restrictions applicable to the short- term rental use, including: a. Information on maximum occupancy; b. Applicable noise and use restrictions; c. Contact information for the local property representative; d. The renter's responsibility not to trespass on private property or to create disturbances; and e. Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the city for violating any provisions of this chapter. 6. Insurance. The property owner shall maintain primary liability insurance to cover the short-term rental in the aggregate of not less than one million dollars or conduct each short-term rental transaction through a platform that provides equal or greater primary liability insurance coverage as required by RCW 64.37.050. Such insurance Ordinance – Creating PMC 5.120- 5 Version 3.6.2026 {DPK4900‐1446‐5720;1/13206.000004/}  requirements shall track the required levels of RCW 64.37.050 as those may change. The property owner shall keep on file at the city an up-to-date certificate of insurance documenting compliance with the required levels of insurance. 7.Inspection. The property owner or his/her designee shall maintain on file at the city an up-to-date certificate of inspection documenting that the dwelling complies with the provisions for transient accommodation in the International Building Code as adopted by the city and shall obtain an appropriate certificate of occupancy. The property owner or his/her designee shall complete a self-inspection checklist provided by the City. A copy of the completed and signed checklist must be submitted to the City as part of the permit renewal. 8.Compliance with City Ordinances. All short-term rentals must comply with all applicable city codes and ordinances, including, but not limited to, PMC Chapter 9.130, Noise Regulation, and PMC Chapter 9.90, Public Nuisances. F.Effective Date and Expiration. A short-term rental permit shall be effective for one year and shall expire on the date established by the master license service. 5.120.040. Notice, approval, and/or denial of short-term rental permit Short-term renal permit applications shall be made to the Community & Economic Development Department, where the department Director or authorized designee may issue a permit, deny a permit, or set conditions, limitations or restrictions that must be met before a permit may be granted. The procedures for the approval and denial of a short- term rental permit, and for the appeal of a short-term rental permit decision, shall apply as established in PMC 5.05.030. Applicants that do not comply with the conditions of approval as established in PMC 5.120.030.E shall be denied a short-term rental permit or renewal of a short-term rental permit. The denial of any permit or the imposition of any conditions, limitations or restrictions incident to the granting of a permit shall be based solely upon those requirements reasonably necessary to protect the peace, health, safety and welfare of those both using and living near the short-term rental. 5.120.050. Suspension or revocation procedure. If the City Manager has reasonable cause to believe that any of the conditions imposed upon a short-term rental business under this chapter have been violated, the City Manager shall follow the procedures established in PMC 5.05.140 to revoke or suspend the short- term rental permit. {DPK4900‐1446‐5720;1/13206.000004/}  5.20.060. Penalties. Any person violating any provision of this chapter shall be subject to the enforcement procedures, remedies, and the civil and criminal penalties provided in PMC 3.35.070. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This ordinance shall take full force and effect January 1, 2027 after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this 6th day of July, 2026. APPROVED AS TO FORM: ___________________________ Ogden Murphy Wallace, PLLC City Attorney Charles Grimm Mayor ATTEST: _____________________________ Gabriela Sanchez, City Clerk Published: July 12, 2026 Ordinance – Creating PMC 5.120- 6 Version 3.6.2026