7.16.060 Operating License and License Renewal.
A. License Must Be Obtained. An operating license shall be obtained and/or renewed as required in this section. The ability to operate a short-term rental in the City of Bend shall be discontinued for failure to obtain or renew a license to operate as provided in this chapter.
B. Application and Renewal Application Process. A person engaging in a short-term rental who has not yet obtained an operating license, or who is required to renew an existing operating license, shall do so as follows:
1. Time for Application.
a. Existing Short-Term Rentals. A completed operating license renewal application and renewal fee are due for all existing short-term rentals on September 1, 2015, and annually every year thereafter.
b. New Permits. For new land use permits issued after the effective date of this chapter, it is the responsibility of the owner or authorized agent to apply for an operating license within 60 days of receiving the final land use approval to permit the use of the property of a short-term rental.
c. Sale of the Property. Upon change in ownership authorized by this chapter and BDC Chapter 3.6 of a property subject to a short-term rental operating license, it is the obligation and responsibility of the new owner or authorized agent to obtain a new operating license in order to operate the short-term rental. The new owner or authorized agent shall have 60 days from the date of ownership (closing of the sale) to apply for and receive a new operating license.
2. Notice. At least 60 days prior to the due date, the City shall send notice of the need for a license or expiration of a license to the owner of any property for which an application is due as follows:
a. For the first license required after the effective date of this chapter, for permitted nonconforming properties, notice will be sent by first class mail to the property owner as determined by the records of Deschutes County from the most recent property tax roll assessment.
b. For properties that are legal nonconforming uses and were never permitted, it is the owner’s obligation and responsibility to apply for a PZ number and to provide the City with a new address for notification purposes.
c. For license renewal, notice will be sent to the address of the owner/licensee by using the applicant’s email address that is on file or by first class mail if no email address is provided.
d. For both the first license and license renewal, if an authorized agent name and address have been submitted to the City after the adoption of this chapter, the City will also send notice to such agent, although failure to do so does not violate this section.
C. Notice – Late Applications. If the license application or renewal application is not received by the due date, the City shall send notice of expiration to the owner and authorized agent, if known, of any property for which a timely application has not been received, advising the owner that they have 30 days to respond. An application will be considered timely submitted if the City receives a completed application, accompanied by the required fees, within the 30-day late period. Notice will be sent using the applicant’s email address that is on file or by first class mail if no email is provided.
D. License Expiration. For failure to submit an application, upon expiration of the 30-day late period, the ability to operate shall be conclusively presumed to be discontinued with no further action by the City. For renewals, upon expiration of the late period, the ability to operate shall be conclusively presumed to be discontinued and the City will commence revocation of the license pursuant to the procedures in BC 7.16.090.
For new owners, once the 60-day grace period to apply for a license under the existing land use permit expires as referenced in subsection (B)(1)(c) of this section, the ability to operate shall be conclusively presumed to be discontinued with no further action by the City.
E. Renewal Standards.
1. The City will review an application for operating license renewal and issue a renewal, provided all the standards in this chapter continue to be met. If not met, the City will not renew the operating license and the property shall not be used as a short-term rental.
2. A decision on an operating license application or renewal may be appealed as provided in BC 7.16.110. [Ord. NS-2323, 2019; Ord. NS-2281, 2016; Ord. NS-2239, 2015]