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A. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the operating license. The approval criteria also operate as continuing code compliance obligations of the owner. Staff may verify evidence submitted and the applicant shall cooperate fully in any investigation.

B. To receive approval, an applicant must demonstrate that all approval criteria listed below have been satisfied:

1. Proof of Use. The owner must demonstrate that the property has been rented at least once in the prior 12 months, for the first license and every year upon renewal, as demonstrated by one or more of the following: a room tax remittance form, a rental contract with the tenant, rental receipts, or other documentation satisfactory to the City (subject to the hardship exception in subsection (B)(2) of this section). Information provided by the owner under BC Chapter 12.05, Room Tax, must be kept confidential to the extent allowed or required by law.

a. A long-term rental exemption from this section may be granted if the property owner/licensee provides proof of a residential lease of 12 months or greater, drafted in compliance with the Oregon Residential Landlord and Tenant Act. This exemption may be utilized by owners/licensees for up to three license renewal applications. Owners/licensees must then revert to the proof of use requirement for annual renewal of the operating license.

2. Operating License Revocation. If an owner does not demonstrate proof of use during the prior 12 months as set forth in subsection (B)(1) of this section, an operating license shall be revoked by the City under BC 7.16.090. The exception to these criteria for continuation of an operating license is a temporary hardship exception, which includes submission of proof, acceptable to the City, that: (a) a medical condition of the owner, domestic partner or immediate family member jeopardizes the ability of the owner to operate the short-term rental; or (b) the death of the spouse, domestic partner or immediate family member jeopardizes the ability of the owner to operate the short-term rental; or (c) structural integrity of the short-term rental deems it uninhabitable for tenants and is not self-imposed.

The City may attach a time limit to this hardship exception. A time limit may be set by the City Manager but shall not exceed six months. A one-time extension may be approved upon request if one of the conditions of this section still applies.

3. Land Use Approval. The property has received land use approval under the current or former Development Code or is a legal nonconforming use. If the land use permit is modified under BDC 3.6.500 (such as to increase the number of bedrooms or parking spaces), the operating license shall be modified as well within 30 days.

4. Contact Information. The owner or authorized agent has provided information sufficient to verify a qualified person will be available to be contacted about use of the short-term rental during and after business hours. The owner or representative shall be available to be contacted by telephone to ensure a response to the short-term rental address at all hours (24 hours a day, seven days a week) while the dwelling unit is occupied for rent. The designated representative may be changed from time to time throughout the term of the license. To do so, the license information shall be revised with the City at least 14 days prior to the date the change takes effect, except when the failure to do so is beyond the owner or authorized agent’s control. In an emergency or absence, contact forwarding information to a qualified person may be provided for the owner or representative.

5. Notice to Neighbors. The owner or authorized agent shall either: (a) provide an annual mailing or otherwise distribute by hand, a flier to neighbors within a 250-foot radius of the short-term rental property address containing the owner and/or representative contact information, or (b) post a small placard or sign as permitted by the Bend Sign Code, BC Chapter 9.50, near the adjacent street advising neighbors and tenants of the same information where it can be seen from the public right-of-way.

The purpose of this notice is so that adjacent property owners and residents can contact a responsible person to report and request resolution of problems associated with the operation of the short-term rental. If the permanent contact information changes during the license period, the new information must be mailed or distributed again, or changed on the placard or sign.

6. Electronic Availability. In addition, the City will make a database electronically accessible within which any person can enter in an address of a short-term rental and obtain the owner/authorized agent and/or representative’s name and telephone number.

C. Health and Safety.

1. Fire and Emergency Safety. A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual operating license application and renewal.

2. Owner Responsibility. It is the owner’s responsibility to assure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

D. Mandatory Postings. The short-term rental license issued by the City shall be displayed in a prominent location within the interior of the dwelling adjacent to the front door. The license will contain the following information:

1. A number or other identifying mark unique to the short-term rental operating license which indicates the license is issued by the City of Bend, with the date of expiration;

2. The name of the owner or representative and a telephone number where the owner or representative may be contacted;

3. The number of approved parking spaces;

4. The maximum occupancy permitted for the short-term rental;

5. Any required information and conditions specific to the operating license (such as a maximum of 29 days available for rent per 12-month period);

6. The property address; and

7. The City of Bend official logo.

E. No Pending Actions or Violations. At the time of application, the owner of a short-term rental shall not have received a civil citation regarding compliance of the subject short-term rental property with any provision of the Bend Code. A voluntary assurance of compliance, negotiated compliance agreement, or deferred sentence agreement will satisfy the requirement that there be no pending actions or violations. The owner shall be in compliance with the Room Tax Code pursuant to BC Chapter 12.05, and subject to the Tax Administrator’s authority under that chapter. The owner must be in good standing with Code Enforcement including no active cases or unresolved issues.

F. Parking Diagram. The parking diagram of the approved parking spaces shall be provided to tenants and be available in a prominent location within the short-term rental dwelling. [Ord. NS-2455, 2022; Ord. NS-2281, 2016; Ord. NS-2239, 2015]