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A. Response to Complaints. The owner or representative shall respond to neighborhood questions, concerns, or complaints in a reasonably timely manner depending on the circumstances.

1. Complaints. The owner or representative should maintain a record of complaints and the actions taken in response to the complaint, if relevant, in an electronic or written manner deemed reasonable to document the interaction. If kept, this record can then be made available for City inspection upon request to investigate under subsection (A)(3) of this section.

2. City Authority. Certain types of complaints are subject to the City’s regulatory authority under other sections of the Bend Code (noise complaints, disorderly conduct, chronic nuisance, etc., under BC Title 5, Public Protection, which are enforced by the Bend Police Department). Other complaints related to occupancy and on-site parking are subject to the City’s code enforcement authority under BDC 3.6.500. It is not intended that the owner, agent or representative act as a peace officer or code enforcement officer or put themselves in an at-risk situation.

However, reasonable initial inquiries or complaints related to noise, disturbances, occupancy or parking may first be made to the owner or representative. In addition, complaints specifically related to the good neighbor guidelines, or the condition, operation or conduct of occupants of the short-term rental, should first be made to the owner or representative. If there is a failure to respond or a clearly inadequate response by the owner or representative, a complaint may be submitted to the City on a form provided by the City and the City will respond or investigate as needed. The City will first seek voluntary compliance or resolution, but if the City finds substantial evidence supports further action given the complaint(s), the City will follow the warning procedures set forth in BC 7.16.090(A)(6). Alternatively, and in its discretion, the City may refer the complaint to the City program for dispute resolution and/or mediation.

3. Records. On request and in compliance with the public records law, the City shall provide the owner, authorized agent and/or representative with the information in the complaint.

4. Grounds for Warning. Repeated failure of the owner or representative to timely and reasonably respond to a complaint(s) relayed by City staff is considered grounds for a warning and potential revocation under BC 7.16.090. Issuance of a noise (as sustained on appeal if applicable) citation to a tenant may be grounds for a warning to the owner, only if under the circumstances in the reasonable judgment of the City Manager the owner should be held responsible. Issuance of a public nuisance citation may be grounds for a warning in the appropriate circumstances.

5. Administrative Rules. The City Manager shall have the authority to establish administrative rules and regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the provisions of this chapter. A copy of such administrative rules and regulations shall be on file in the office of the City Recorder and be posted on the City website. [Ord. NS-2281, 2016; Ord. NS-2239, 2015]