HomeMy WebLinkAbout11-12-2013 ac shanbrom ss1CLSRKs
Goodwi Heather
From:
Sent:
To:
Cc:
Subject:
Please post this on the website as agenda correspondence for November t2,2013
Thank you,
Jan
,rt;í-HJ,V ED
ocï 0 7 2013
Marx, Jan
Monday, October 07, 201-3 2:32 PM
'shanbrom@aol.com'
Schroeder, Sheryll; Goodwin, Heather
RE: illegal vacation rentals in the city and city administration's failure to enforce statute
From: shanbrom@aol.com Imailto:shanbrom@aol,com]
Sent: Monday, October 07, 20t3 7:L2 AM
To: Lichtig, Katie
Cc: Padilla, Wayne; Carpenter, Dan; Ashbaugh, John; Max, Jan; Smith, Kathy; Johnson, Derek; Dietrick, Christine;
Christianson, Carlyn; Johnson, Derek
Subject: Re: illegal vacation rentals in the city and ciÇ administration's failure to enforce statute
Councilmembers and staff,
It is now six months since I first alerted the city to illegal vacation rentals.
As of this writing there are 21 residences within the city of SLO still holding themselves out for short-term rental on
airbnb.com. Since airbnb provides a map of the listings it is abundantly obvious that these illegal BnBs are within city
limits.
ls there a moratorium on enforcing the law pending council action on a change in the ordinance? lf not, why are these
illegal BnBs still advertising?
Those who support a change in the ban claim that the solution is to allow and regulate residential BnBs. lt should be
obvious that this "solution" is no solution at all because:
1) the city cannot, after six month's time, enforce the current law, an unambiguous ban, even when blatantly flouted
on airbnb, addresses/phones provided
2) many of the people who promote allowance/regulation show no intention of obeying the law.
I would ask that the law currently in force be enforced and that council move expeditiously toward a vote to maintain the
ban.
Thank you.
Bob Shanbrom
---Original Message---
From: Lichtig, Katie <klichtio@slocity.orq>
To:'shanbrom@aol.com' <shanbrom@aol.com>
Cc: Padilla, Wayne <wpadilla@slocity.orq>; Carpenter, Dan <dcarpent@slocity.orq>; Ashbaugh, John
<iashbaug@slocitv.orq>; Marx, Jan <imarx@slocit)¡.orq>; Smith, Kathy <ksmith@slocity orq>; Johnson, Derek
<diohnson@slocity.orq>; Dietrick, Christine <cdietrick@slocitv.orq>; Christianson, Carlyn <cchristi@slociV.org>
Sent: Wed, Aug 14, 201312:10 pm
Subject: RE: illegal vacation rentals in the city and city administration's failure to enforce statute
Dear Mr. Shanbrom
Based on your inquiry I checked in with the staff in our Community Development Department responsible for code
enforcement. Since and prior to your contact in early April, staff has been actively taking enforcement efforts to obtain
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compliance related to the City's Vacation Rental Ordinance. We are currently spending approximately four hours per
week on a proactive enforcement effort. Two other enforcement actions have been taken since you last made contact
that resulted in compliance and 14 active enforcement cases are in process.
Staff currently reviews existing vacation rental (VR) advertisements on HomeAway.com, VRBO.com and
Vacationrentals.com. ln addition to the 14 cases that code enforcement is actively working on, we were able to identify an
additional 16 vacation rentals that have recently appeared on these websites. We agree that the number of listings has
grown, but while one enforcement effort may lead to compliance, another owner decides to list their home thereby
increasing the number of listed vacation rentals. This is certainly vexing to us as well and we plan on doing some direct
outreach to the website operators with the hope of discouraging rental listings in the City, Some new listings appear to be
seasonal and others appear randomly on vacation rental sites. Please know that these 16 properties will be investigated
with enforcement action will be taken and as others arise. lt will take some time and effort and others may be listed on
websites in the interim that will be enforced as time permits.
Vacation rental enforcement is complicated and takes a significant amount of time and while it may not seem at first that
progress is being made, over time when faced with increasing fines and other enforcement tools, owners typically
comply. The first challenge is related to positively identifying the location of the Vacation rentals. Of the 16 additional
vacation rentals that are currently listed and not actively in the enforcement process, staff was able to identify two
addresses from the information provided in the website listing after spending a considerable amount of effort reviewing the
listing details. About half of the listings did not provide an exterior photo of the premises that can identify the property,
only a vicinity map with the general location of the listed rentals. Only five of 16 listings provided telephone numbers and
only four of 16 provided the owner's names. So in many of these cases a code enforcement officer typically will need to
pose as a potential customer and either call or email the owner to try to get information on the actual location and thus
initiate enforcement proceedings.
It is also important to note that the City's enforcement efforts have as anticipated created some pushback and the City
recently received its first appeal of enforcement action that will be heard by the Planning Commission in the near future. lt
is clear that this use is not allowed, but that has not dissuaded the owner from appealing their case.
We have explored the idea of using volunteers for code enforcement efforts and determined that the best approach is to
use our trained and certified code enforcement officers. Code enforcement is a field of enforcement in which best
practices require training and an understanding of the rules of arrest and the constitutional aspects of the enforcement of
laws and regulations that relate to the use of property. However staff appreciates referrals of potential violations coming
from the community.
I would encourage you to contact Derek Johnson at diohnson@slocitv.org directly should you need any immediate
assistance or have any further thoughts on the City's enforcement efforts. He and his team are happy to meet with you
directly to discuss any ideas that you may have regarding enforcement.
Thank you for being in touch about this important issue,
Katie E. Lichtig
City Manager
City of San Luis Obispo, CA
990 Palm Street
San Luis Obispo, CA 93401-3249
805-781-7114
www.sloçitv.org
From: shanbrom@aol.com lmailto:shanbrom@aol.coml
Sent: Thursday, August 08, 2013 2:01 PM
To: Lichtig, Katie
Gc: Padilla, Wayne; Carpenter, Dan; Ashbaugh, John; Marx, Jan; Smith, Kathy; shanbromlôaol.com; Johnson, Derek;
Dietrick, Christine; Christianson, Carlyn
Subject: Re: illegal vacation rentals in the city and city administration's failure to enforce statute
Dear Ms. Lichtig,
It has been four months since I first alerted Mr. Johnson of the fact that approximately 8 residences with city limits were
holding themselves out for rent on VRBO, contrary to an ordinance specifically forbidding this use. Since that ttme I have
had numerous exchanges with some or all of the above copied parties concerning this matter, including yourself.
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Yet as of today, exactly four months since I first contacted Mr. Johnson, on April 9, 2013, there now appear not to be
fewer VRBO listings within the city but DOUBLE THE NUMBER AS BEFORE.
I would like to know why such a simple enforcement matter seems to be beyond the control of the city government. I
would also like to know what additional measures you will be taking to effectuate compliance.
It seems to me that it is an exceedingly simple matter to enforce this statute, as I have said before. lt would require
virtually no special effort on the part of the responsible administrators. Most of the work could be done by the many city
volunteers.
I have heard a majority of councilmembers comment on the need for workforce housing in the city. Vacation rentals
remove residential inventory.
Also, hotels lose business to these pirate motels.
I have copied the city attorney on this correspondence because it seems that the city is putting itself in harm's way
when it does not enforce existing statues.
Robert Shanbrom
364 Montrose Drive
---Origina I Message---
From: shanbrom <shanbrom@aol.com>
To: djohnson <diohnson@slocity.org>
Cc: wpadilla <wpadilla@slocity.orq>; dcarpent <dcarpent@slocity.orq>;jashbaug <iashbauq@slocity.org>; jmarx
.j¡ne_rx@slocty.olg>; ksmith <ksmith(ôslocity.org>; klichtig <klichtio@slocitv.org>
Sent: Sat, Jun 1, 20138:27 am
Subject: Re: vacation rentals in the city
Dear Mr. Johnson,
Thank you for your May 16 update and thank you for your efforts in enforcing the city's ordinance against vacation
rentals. While it seems that there are now slightly fewer SLO VRs being advertised on the various VR websites, a
substantial number are still holding themselves out as VRs. lt seems to me that identifying these VRs is not a very difficult
or laborious undertaking. I believe the city has unpaid community volunteers who would be happy to do the simple
telephone work that this would entail. I trust that you will continue, even redouble, your efforts untilthere is full compliance
with the ordinance.
Thank you.
Bob Shanbrom
----Origina I Message---
From: Johnson, Derek <diohnson@slocitv.orq>
To: shanbrom <shanbrom@aol.com>
Cc: Padilla, Wayne <wpadilla@slocity.orq>
Sent: Thu, May 16, 20131:02 pm
Subject: RE: vacation rentals in the city
Dear Mr. Shanbrom
Thank you for your follow up correspondence. Since corresponding with us last month, we have initiated code
enforcement action on many of the properties that you have identified. As you are aware, in January 2007, Ordinance
1500 amended the City's Zoning Regulations and prohibited vacation rentals in all land use zones.
As a result of complaints regarding illegal vacation rentals Community Development staff started a routine enforcement
effort. Staff actively monitors internet sites such as VRBO, Homeaway, and Airbnb for illegal vacation rentals within the
City limits. Staff attempts to identify the address of advertised rentals from the internet listing. lf we contact the owner
and there is immediate cooperation and compliance, no further action is taken except that a note is made to the address
file of the contact and the representations made by the property owner to correct the violatins. These type of cases are
handled as time permits with health and safety cases being a greater priority which are often more complex and require a
great deal of staff effort.
lf we cannot contact the owner or the owner is unwilling to comply, a Notice to Correct letter is sent to the property owner
explaining that the City's Zoning Regulations that do not permit vacation rentals and informing them of the potential
consequences and fines. The letter also states that the property must be removed as a vacation rental from all websites
within 10 days or be subject to code enforcement fees, administrative citations, and the transient occupancy tax. As is
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the City's practice and a requirement under California Government Code 553069.4 (2)[1]which requires localagencies to
provide a reasonable amount of time for a person to correct, or othenvise remedy the violation, prior to the imposition of
administrative fines or penalties.
ln some cases a complaint may be received which includes the property address, but most of the advertised properties do
not give the physical address of the vacation rental. When the address cannot be discerned, staff will email the owner
Oireðtty from the website advising them of the zôning regulations and requesting that they cease advertising and operating
a vacation rental. However without a physical address, if they continue to advertise, we will have to identify the property
address. This is oftentimes challenging as there are only interior photos or other little information that would lead to
knowing the exact location (see http://vwvw.vrbo.com/33027'1#reviews) . Staff will use whatever information we have to
locate an advertised house by the description in the ad and field survey to match photos to the actual property, which can
be very time consuming. However, at the end of the investigation, we need to determine if the preponderance of evidence
is adequate to impose civil penalties.
Currently there are eight positively identified properties advertising as vacation rentals. Two properties have been issued
a Notice to Correct letter. After staff attempts to contact them and if no compliance is reached, the remaining six will be
sent Notices to Correct later this week. Nine other properties are currently being evaluated for consistency with the City's
prohibition against vacation rentals.
Public outreach measures are probably warranted in order to inform property owners of the zoning regulations. lt seems
likely that many residents may not know of the regulations. Napa County has used flyers and mail inserts that they used to
inform residents of their municipal code requirements. Given, that this enforcement effort is relatively nascent, other
enforcement mechanism may be considered in the future.
Please be in touch if you have any other comments or questions.
Sincerely yours,
Derek
BCC: Mayor and City Council
The adminisÈrative procedures seÈ forth by ordinance adopted by the focal agency pursuanE
to paragraph (1) shall provide for a reasonabl-e period of t,ime, as specified in the
ordinance, for a person responsible for a continuing violation to correct or otherwise
remedy the violat.ion prior to the imposition of adminisÈrative fines or penalties, when
the violation perLains to building, plumbing, electríca1, or other simil-ar structural- or
zoning issues, that do not create an immediate danger to health or safet.y.
From: shanbrom@aol.com Imailto:shan brom@aol.comì
Sent: Wednesday, May 15, 2013 5:26 AM
To: Marx, Jan
Cc: Padilla, Wayne; Johnson, Derek; Lichtig, Katie; Ashbaugh, John; Smith, Kathy; Carpenter, Dan
Subject: Re: vacation rentals in the city
Dear Jan,
It has been more than one month since I first brought illegal vacation rentals to your attention and I still count about 8
properties within the city advertising on Vacation Rentals By Owner. This seems such a simple matter to deal with. lf the
city does not intend to enforce its ordinances then the ordinances should be taken off the books, Random enforcement of
the rules has a debilitating impact of society. How well I did see that during my years in Miami.
It is highly troubling that Mr. Johnson sees these illegal vacation rentals not so much as a matter requiring enforcement
but as a windfall tax source. Very troubling. This is the sort of motivation that might explain why he seems to have the
wherewithal to send them tax notices but not send them cease and desist notices. I must admonish the city council to
avoid the temptation to destroy our community's civic capital in order to pay our employees.
When can we expect the advertisements to cease? lf it is not the city's intention to promptly begin to enforce the
prohibition against vacation rentals then please let me know that that is the case.
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Thank you for your prompt attention to this simple matter
Bob Shanbrom
---Original Message---
From : Marx, Jan .ima@Lwjlll-9lgt
To: shanbrom <shanbrom@aol.com>
Cc: Padilla, Wayne <wpadilla@slocity.orq>; Johnson, Derek <djohnson@slocitv.orq>; Lichtig, Katie <klichtiq@slocitv.orq>
Sent: Tue, Apr 9, 2013 8:11 am
Subject: RE: vacation rentals in the city
Thanks for putting this on my radar screen, Bob. Tonight is strategic budget direction, so everyone is thinking "scarce
resources." That said, the city is gradually moving to proactive code enforcement and business license monitoring. So,
the question is "when" rather than "if' vacation rentals will be placed on the list and how should it best be done. I am
including city staff in this response with the request that we both be kept in the loop.
Allthe best,
Jan
Jan HowellMax
Mayor of San Luis Obispo
(805) 781-7120 or (805) 541-2716
From: shanbrom@aol.com [shanbrom@aol.com]
Sent: Tuesday, April 09, 2013 6:23 AM
To: Marx, Jan
Cc: Padilla, Wayne
Subject: Re: vacation rentals in the city
Hi Jan,
It is disappointing to find that Mr. Johnson's automatic response to my concern is to cry "limited resources." ls morale
in city government is generally this poor?
Monitoring VRBO and Craigslist is a very simple proposition. Email addresses are immediately available and cease
and desist emails can very easily be sent out to perhaps a dozen or more illegal VRs with about one hour's work. A city
worker with no training could do this on a weekly basis. The cost would be very low,
lf an ordinance is on the books it must either be enforced or repealed. The alternative is a banana republic.
Bob
---Original Message---
From: Johnson, Derek <djohnson@slocity.org>
To: Marx, Jan .j!!elx@Sþci!y.o_lg>; shanbrom <shanbrom@aol.com>
Cc: Padilla, Wayne <wpadilla@slocity.orq>
Sent: Mon, Apr 8, 2013 9:07 am
Subject: RE: vacation rentals in the city
Dear Mr. Shanbrom,
Vacation rentals are not allowed within the City limits. We have taken enforcement action against a few owners when a
complaint has surfaced on a particular residence. However, due to resource limitations, we do not monitor sites like
Craigslist or VRBO to identify, investigate, and resolve vacation rentals review.
There are a few currently listed that we will send letters to once we identify the addresses (neither website identifies the
physical address), so identifying and then contacting takes some time. Please let us know if there is a particular address
you know of that we should take action immediate action on. My experience working in desirable areas where vacation
rentals are a problem are 1). Most owners do not know that vacation rentals are not allowed. 2). Once contacted, the
unpermitted use typically ceases 3). Despite not being an allowed use, many do not realize that it is stillsubject to the
city's Transient Occupancy Tax.
We often work with Finance once a site is positively identified to let the owners know that the tax is due in
arrears. Nonpayment is subject to a misdemeanor and punishable by a fine.
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Thanks for bringing this issue to our attention. Please be in touch with any particular addresses or if you should have any
questions. I have foruvarded the current inventory of rentals to our staff for review listed in the link below.
Best,
Derek
From: Marx, Jan
Sent: Saturday, April 06, 2013 1:43 PM
To: shanbrom@aol.com
Cc: Johnson, Derek
Subject: RE: vacation rentals in the city
Hi Bob,
I looked up vacation rentals in our Muni code, and yes, vacation rentals are prohibited in our city. I am including the
Community development director in this response, so you and he can further discuss the issue you have raised. Thank
you for bringing this to our attention.
All the best to you and your family,
Jan
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to subsections (B) through (l) of this section
ln Table 9, symbols have these meanings:
A The use is allowed;
D If the director approves an administrative
use permit as provided in Sections
17.58.020 through 17.58.070, the use may
be established;
PC If the plaruring commission approves a use
permit as provided in Sections 17.58.020
through 17.58.070, the use may be
established;
A/D The use is allowed above the ground floor.
If the director approves an administrative
use permit, it may be established on the
ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table.
B. lnterpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The
director, subject to the appeal procedures of Chapter 17.66, shalldetermine whether uses which are not listed shall be
deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be
used as a substitute for the amendment procedure as a means of adding new types of uses to a zone.
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed.
When sale of a particular type of item is allowed, craftsman-type productions of such an item for sale on the premises is
allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools.
F. Prohibitions of Drive-Through Facilities. Drive-through facilities are not allowed in any zone.
G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
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Jan HowellMarx
Mayor of San Luis Obispo
(805) 781-7120 or (805) 541-2716
From: ianmax@alumni.stanford.edu [janmarx@alumni.stanford.edu] on behalf of Jan Marx
[ja n ma x@sta nforda I u m n i. org]
Sent: Saturday, April 06, 2013 1:39 PM
To: Max, Jan
Subject: Fwd: vacation rentals in the city
Forwarded message
From: <shanþrom@aol.com>
Date: Sat, Apr 6, 2013 at 5:50 AM
Subject: vacation rentals in the city
To: ianmarx@stanfordalumni.org
Hi Jan,
lf you go to this website,
, you will find several homes within the city limits
that are holding themselves out as vacation rentals. My understanding is that this is against city ordinance, Could you
please let me know if these are permissible? Thank you.
Bob Shanbrom
t1l The administraEive procedures set forth by ordinance adopted by Lhe locaL agency
pursuant to paragraph (1) shall provide for a reasonabl-e period of time, as specified in
t.he ordinance, for a person responsibl-e for a continuing violat.ion Èo correct or
ot,herwíse remedy the violation prior t.o the imposition of administrative fines or
penalties, when Èhe violation pertains to building, plumbing, elect,rica1, or other
similar structuraf or zoning issues, that do not create an immediate danger to healEh or
safety.
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