ORD2022.1470-Short Term RentalsCOMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1470
AN ORDINANCE TO ADD CHAPTER 297 TO THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
(Short Term Rentals)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 297 is hereby added to the Municipal Code of the City of Muskego to read as follows:
§ 297-1. Purposes.
The purposes of this chapter are to ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety and general welfare, including
establishing minimum standards of space for human occupancy and parking and for an adequate level of maintenance; determine the responsibilities of owners and property managers operating
or managing these rental properties for tourists or transient occupants, including, but not limited to, the responsibility to expeditiously and personally respond to, stop, mitigate,
or prevent the reoccurrence of unreasonable activities on, or conditions, uses or misuses of, these rental properties which adversely impact or substantially annoy, disturb, threaten,
harm, offend or interfere with the residential uses, nature or values of other properties in the neighborhoods in which these rental properties operate, or with the comfort, health,
enjoyment, security, life, health, or safety of others, or which substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any lane, street, road,
bridge or other public or private way used by emergency vehicles or protective service personnel to gain access to property or a navigable body of water to provide services, (i.e.,
public nuisances); protect the character and stability of all areas, especially residential areas, within the City of Muskego; provide minimum standards necessary for the health and
safety of persons occupying or using buildings, structures or premises; require the provision of liability insurance in connection with the operation of short-term rentals so that persons
on these properties, and the owners and occupants of adjacent properties, who suffer bodily injury or property damage arising from the condition or operation of the short-term rental,
or from acts or omissions occurring thereon, are afforded a potential source of recovery to pay such damage claims; and provide for the administration and enforcement hereof.
§ 297-2. Definitions.
Clerk. The City Clerk of the City of Muskego or designee.
Dwelling Unit. One or more rooms designed, occupied, used, or intended to be occupied or used, as separate living quarters, with a food preparation area and sleeping and sanitary facilities
provided within such room(s). Dwelling units include residential, tourist room house, and seasonal employee housing.
Entity. A corporation, investment company, limited partnership, limited-liability partnership, limited-liability company, cooperative association, unincorporated cooperative association,
common law trust, or any other group or organization licensed to do business in this state.
Guest Register. The official record provided and kept by a property owner in which short-term rental guests are required to list their true names and addresses before being assigned
sleeping quarters, pursuant to Wis. Admin. Code § ATCP 72.16.
License. The short-term rental license issued under § 297-4.
License Year. The period from January 1 of each year to December 31 of the same year.
Occupant. Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit.
Person. An individual, group of individuals, or an entity.
Property Owner. The owner of a short-term rental.
Renewal License. Any license issued under this Chapter 297 which will be or is in effect for the license year immediately following a license year for which the City Clerk issued a
license under this chapter for the same short-term rental property.
Short-Term Rental. A residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days, as defined in Wis. Stats. § 66.0615(1)(dk).
§ 297-3. Operation of Short-term Rentals.
No person may maintain, manage or operate a short-term rental more than 10 nights each license year without a short-term rental license. Every short-term rental shall be operated by
a property owner.
Each short-term rental property owner is required to have the following licenses and permits:
A state of Wisconsin tourist rooming house license.
A seller's permit issued by the Wisconsin Department of Revenue, unless all rentals of the property are exempt from such permit requirement per state regulations.
A license from the City of Muskego issued pursuant to this chapter.
Each short-term rental shall comply with all of the following:
No residential dwelling unit may be rented by more than one person within each six day period.
There shall not be excessive noise, excessive fumes, glare, or vibration, any nuisance activities, dogs at large, or trespass onto neighboring properties as prohibited by the City of
Muskego Code of Ordinances.
Name plates or other signage related to the short-term rental property shall not exceed three square feet. No other signage advertising the short-term rental is permitted on site.
The number of occupants in any dwelling unit shall not exceed the limits set forth in Wis. Admin. Code § ATCP 72.14 for hotels, motels, and tourist rooming houses.
No recreational vehicles (RVs), campers, tents or other temporary lodging arrangements shall be permitted on site as a means of providing additional accommodations for paying guests
or other invitees.
Sleeping quarters related to a vacation rental establishment use shall only be located within the principal structure on the lot. Accessory buildings cannot be used for sleeping quarters.
Every short-term rental property shall be properly addressed with numbers on the street side of the structure, a minimum of 3 1/2 inches high and of contrasting color so as to be visible
from the street.
Every short-term rental property must have clearly delineated property lines, by approved fences, vegetation, or other means. Such clear delineation must be maintained for the duration
of the short-term rental permit to ensure that all users of the property are clearly aware of the boundaries of the property and confine their use to the applicable parcel.
Compliance with all applicable state, county and local codes and regulations is required.
The property owner shall be available between the hours of 8:00 a.m. and 11:00 p.m. on those days when the property is rented. The property owner must notify the City Clerk within three
business days of any change in the property owner's contact information and submit the revised contact information to the City Clerk within the same time period.
The property owner shall have and maintain homeowner's liability or business liability insurance effective during all short-term rental periods for the premises that are used for short-term
rental and shall provide written evidence of such insurance with the license application and renewal application forms. This insurance requirement may be satisfied through such sources
as the property owner may choose, including, but not limited to, conventional insurance or insurance offered through a lodging marketplace.
The property owner of each short-term rental shall provide a guest register and require all guests to register their true names and addresses and rental time period(s) before being assigned
sleeping quarters. The guest register shall be kept by the property owner and available for inspection for at least one year, as required by the Wisconsin Administrative Code.
Upon probable cause to believe that a violation of this chapter, or of a law, code, rule or regulation relating to buildings, housing, electrical, plumbing, heating, gas, fire, health,
safety, environmental pollution, water quality, food or zoning has occurred or is occurring, the City Building Inspector, Planning Manager or designee, or a local health officer may
request that the property owner allow him or her, upon presenting proper identification, access to the short-term rental premises at any reasonable time for any of the following purposes:
to determine if there has been a violation of this chapter, or of a law, code, rule or regulation related to the short-term rental or its operation; to determine compliance with previously
written violation orders; to examine and copy relevant documents and records related to the operation of the short-term rental; or to obtain photographic or other evidence needed to
enforce this chapter. As used in this subsection, "probable cause" means facts and circumstances within an officer's knowledge and of which he or she has reasonably trustworthy information
that are sufficient to warrant a reasonable officer in believing that a violation has been or is being committed. If consent is refused, the Building Inspector, Planning Manager or
designee, or health officer may apply for a special inspection warrant issued under Wis. Stats. § 66.0119, or other warrant, subpoena or order as may be necessary or appropriate.
§ 297-4. Short-term Rental License
The City Clerk shall issue a short-term rental license if an applicant demonstrates compliance with the provisions of Chapter 297 of the City Code. A short-term rental license is issued
for one license year and may be renewed annually as provided in § 297-6. The license shall contain the following information:
The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available.
The license term.
The state of Wisconsin tourist rooming house license number.
§ 297-5. Short-term rental license procedure.
All applications for a short-term rental license shall be filed with the City Clerk on forms provided by the Clerk. Applications must be filed by the property owner. No license shall
be issued unless the completed application form is accompanied by payment of the required application fee, which fee shall be nonrefundable.
Each application shall include the following information and documentation for each short-term rental unit in order to demonstrate compliance with all requirements of this chapter, including,
but not limited to, § 297-8:
The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available. The property owner shall be available
between the hours of 8:00 a.m. and 11:00 p.m. on those days when the property is rented.
A copy of the state of Wisconsin tourist rooming house license issued under Wis. Stats. § 97.605; or proof that such state license has been applied for, in which
event a provisional short-term rental license may be issued under this chapter for a period of 30 days but shall be conditioned upon the City Clerk's receipt of a copy of such state
license from the applicant within said thirty-day period, and if a copy of such state license is not received by the Clerk within said period, then such provisional license shall expire
and be void at and after the end of said thirty-day period.
A copy of the most recent lodging inspection report for a tourist rooming house issued by the State of Wisconsin, which should be dated within one year of the date of the license application
to the City.
Written evidence of liability insurance as required by § 297-3C(10).
A copy of a current seller's permit issued by the Wisconsin Department of Revenue, unless all rentals of the property are exempt from such permit requirement per state regulations.
A property survey, or other drawing as approved by the City, drawn to scale showing the location of buildings and the on-site, off-street parking area(s) designated for tenants and invitees
on the premises. Also include the items identified in § 297-3C(7).
Provide photos of the exterior of the property, pursuant to the provisions of this Chapter.
Written certification by the property owner that the short-term rental meets the requirements of this chapter and applicable state and county laws, ordinances and regulations.
An employer identification number issued by the Internal Revenue Service, if applicable.
For renewal licenses only, written certification that a guest register has been kept as required by the Wisconsin Administrative Code.
Unless earlier revoked, each license shall run from January 1 through December 31 of the calendar year and may be renewed for additional one-year periods. The application fee shall be
paid upon filing of the application. Any application that does not include all of the information and supporting documentation required by this chapter shall not be considered as complete.
When the City Clerk determines that an application is complete and meets the requirements of this chapter, the Clerk shall approve the application and issue a short-term rental license
(or, if applicable, a provisional short-term rental license) to the applicant. If the Clerk determines that the application is incomplete or does not meet the requirements of this chapter,
the Clerk shall deny the application and inform the applicant, in writing, of the reason(s) why the application was denied and what action is needed to obtain approval of the application.
No short-term rental license (or, if applicable, a provisional short-term rental license) shall be issued or renewed if the applicant or short-term rental property has outstanding fees,
taxes, special charges or forfeitures owed to the City.
No short-term rental license (or, if applicable, a provisional short-term rental ordinance) shall be issued if the applicant or short-term rental property is found to be subject to one
of the grounds for revocation as provided in § 297-9D.
§ 297-6. Renewal
Each application for renewal of a short-term rental license shall include updated information for the documentation on file with the City Clerk, and payment of the renewal fee. A renewal
application must be filed with, and a nonrefundable renewal fee must be paid to, the Clerk at least 60 days prior to the license expiration date to allow the City Clerk adequate time
to review the application. The Clerk shall determine whether the information provided in the renewal application is complete and meets the requirements of this chapter. The Clerk may
also request reports from the City Building Inspector, the Muskego Police Department or other law enforcement agencies regarding any enforcement actions taken with respect to the short-term
rental properties and operations, and their owners, tenants, occupants or visitors. The Clerk shall review the renewal application and may approve or deny the application after taking
into consideration the number, frequency and/or severity of law violations relating to the short-term rental property and operations, and its owner(s), tenant(s), occupant(s) or visitor(s),
and whether such violations substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. If after such consideration the Clerk
determines not to renew the license, the Clerk shall notify the applicant in writing of the reason(s) for such decision, and the applicant's right to appeal the decision to the Finance
Committee as provided in § 297-9.
No license shall be renewed if the short-term rental property is under an order issued by the Building Inspector, Planning Manager or designee, or a local health officer, or his or her
designee, to bring the premises into compliance with state, county or local laws, codes, rules or regulations.
§ 297-7. Standards for short-term rentals.
Each short-term rental shall comply with this chapter's requirements and any other applicable state, county or local laws, codes, rules or regulations. Each short-term rental shall comply
with the following standards:
The number of occupants may not be more than allowed under Wis. Admin. Code Ch. ATCP 72 or any other state regulation, state statute, or local ordinance.
A minimum of one off-street parking stall shall be provided for every occupant bedroom with a minimum of three. All parking areas shall meet the size and location requirements of the
City Code and shall be hard surfaced and maintained in a reasonably dustless condition. No trailers of any kind shall be parked on the street.
The short-term rental premises shall have functioning smoke detectors and carbon monoxide detectors pursuant to the requirements of Wis. Admin. Code Ch. SPS 321.
Certification of compliance: As a condition of issuance of a license under Chapter 297 of the City Code, the property owner shall certify in writing in each initial application and renewal
application form that the short-term term rental property is in compliance with the terms and conditions of the license and this chapter.
§ 297-8. Display of Permit.
Each license shall be displayed on the inside of the main entrance door of each short-term rental.
§ 297-9. Appeal of licensing decisions; license revocation; appeal procedure; judicial review.
The City Clerk's decision to deny an initial short-term rental license or to deny renewal of a short-term rental license shall specify the reason(s) for such denial, in writing. Prior
to the time for the renewal of the license, the City Clerk shall notify the licensee in writing of the City's intention not to renew the license and notify the licensee of his or her
right to an appeal hearing as provided in § 297-9(B).
The City Clerk's decision to deny an initial license or to deny renewal of a license may be appealed to the Finance Committee by filing a written appeal with the Clerk within 21 calendar
days (excluding legal holidays) after the date of mailing of the written notice of the City Clerk's decision denying such license or renewal license. The Finance Committee shall conduct
a due process hearing and issue a written decision on the appeal within 30 calendar days of the City's receipt of the written appeal, or the license shall be deemed granted. If the
appellant appears at the hearing he or she may produce and cross-examine witnesses, present relevant evidence, and be represented by counsel or his or her choosing, at his or her expense.
If the Finance Committee finds the City Clerk's reason(s) for his or her decision sufficient, the decision shall be affirmed. If the Finance Committee finds the City Clerk's reason(s)
for his or her decision insufficient, the decision shall be reversed, and the license shall be granted and issued. If the appellant does not appear at the hearing and the Finance Committee
finds the City Clerk's reason(s) for his or her decision sufficient, the decision shall be affirmed. The Finance Committee's written decision on the appeal must specify the reason(s)
for its determination. The City Clerk shall give written notice of the Finance Committee's decision to the applicant or licensee.
A license may be revoked by the Finance Committee during the term of a license year and following a due process hearing for one or more of the following reasons:
Failure by the licensee to make payment of delinquent fees, taxes, special charges, forfeitures or other debt owed to the City.
Failure to maintain all required local, county and state licensing requirements.
Three or more police officer-verified violations in a twelve-month period for nuisance activities or other law violations as prohibited by the Muskego Code of Ordinances. Lake violations
that result from use of the property owner’s watercraft shall also qualify for revocation under this section.
Three or more issued citations related to building inspection or the health department in a twelve-month period.
Failure to comply with applicable building inspection requirements.
Any violation of local, county, or state laws or regulations which, based upon their number, frequency and/or severity, and their relation to the short-term rental property, its owner(s),
tenant(s), occupant(s) or visitor(s), substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
Revocation. Upon receipt of a written complaint alleging grounds for revocation of a short term rental license as set forth in § 297-9C, the clerk shall forward the complaint to the
Finance Committee who shall review the same. If a determination is made by the Finance Committee that a revocation Hearing is warranted, it shall notify the licensee of the complaint
by certified mail, return receipt requested, and provide the licensee with a copy of the complaint. The notice shall direct the licensee to appear before the Finance Committee on a
day, time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice, and show cause why his or her license should not be revoked.
The hearing shall be conducted as provided in § 297-9B. If a license is revoked, the City Clerk shall give notice of revocation to the licensee by certified mail, return receipt requested.
No part of the fee paid for any license so revoked may be refunded.
Judicial review. The action of the Finance Committee in refusing to grant or renew, or revoking a license under this chapter may be reviewed by the Waukesha County Circuit Court upon
appeal by the licensee. Such appeal shall be filed within 30 days of the date of mailing by the City Clerk of the notice of the Finance Committee's action of refusing to grant or renew,
or revoking a license. The procedure on review shall be the same as in civil actions commenced in the circuit court pursuant to Wis. Stats. Chs. 801 to 807.
§ 297-10. Penalties.
Any person who violates any provision of this chapter shall be subject upon conviction thereof to a forfeiture of not less than $200 nor more than $1000 for each offense, together with
the costs of prosecution. Each violation and each day a violation occurs or continues to exist shall constitute a separate offense.
The penalties set forth in this section shall be addition to all other remedies of injunction, abatement or costs, whether existing under this chapter or otherwise.
§ 297-11. Fees.
Any person applying for an initial short-term rental license or renewing a license pursuant to this chapter shall be subject to the fees as established by resolution of the Common Council.
§ 297-12. Severability.
Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions of
this chapter.
SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity
of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions
of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and publication subject to approval.
SECTION 4: The passage of this Ordinance will supersede the provision of § 400-159H and § 400-42C(3)(r) of the City of Muskego Municipal Code.
PASSED AND APPROVED THIS 12th DAY OF APRIL 2022.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: March 22, 2022
ATTEST:
Clerk-Treasurer
Summary of Ordinance Published: ___________, 2022
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