County of Sonoma
Permit Sonoma › Policies and Procedures › 7-0-26 Guidelines for Vacation Rental Enforcement
Code Enforcement Division

7-0-26 Guidelines for Vacation Rental Enforcement

Purpose

Permit Sonoma regulates the operation of Vacation Rentals in the unincorporated county through permit requirements and operational standards to protect public safety, avoid nuisance activity, and support neighborhood compatibility. This policy complements the broader Code Enforcement Policy 7-0-23 Code Enforcement Policies and Procedures-General Overview (PDF), providing greater specificity with respect to Vacation Rental enforcement. The following procedure shall be used to support the fair, consistent, and effective enforcement of Vacation Rental regulations.

Authority

Sonoma County Code sections:

All Vacation Rentals are subject to local permitting requirements, which include a Transient Occupancy Tax Certificate, Property Manager Certification, Transient Vacation Rental Permit (Zoning Permit), and Vacation Rental License with limited exceptions as specified in County Code.

Procedure

  1. Violations and Civil Penalties.
    1. Issuance of Violations.
      1. Enforcement authority. Vacation rentals are subject to the use-specific requirements in Sonoma County Code Sections 4-200 et seq. (license ordinance) and 26-28-160 (land use ordinance) within the inland zone or 26C-325.10 (coastal land use ordinance) within the coastal zone. Violations are enforced by the Permit Sonoma Director or the Director’s designee in accordance with the general enforcement provisions of the Sonoma County Code at Section 1-7 et seq.
      2. Responsible parties. All responsible parties are jointly and severally liable for abating a violation, paying associated costs and civil penalties, and otherwise complying with an enforcement order. For Vacation Rentals, responsible parties include the Vacation Rental licensee, each property owner, the certified property manager, and the tenant at the time of the violation.
      3. Notices of violation. In the event of a violation of the license ordinance, land use ordinance, or coastal land use ordinance, Permit Sonoma may issue a notice and order pursuant to Section 1-7.3 or an administrative citation pursuant to Section 1-7.6 or take any other enforcement action permitted by law. For more information on the Department’s policies regarding enforcing a violation and right to appeal, see Code Enforcement Policy 7-0-23 Code Enforcement Policies and Procedures-General Overview (PDF).
    2. Imposition of Civil Penalties.Violations of the license ordinance, land use ordinance, and coastal land use ordinance are subject to civil penalties under Sonoma County Code Section 1-7.1. The following civil penalties specifically apply to violations associated with a Vacation Rental:
      1. Unauthorized Vacation Rental. For a Vacation Rental operating without the required land use permit or Vacation Rental license, three (3) to ten (10) times the normal application fee.
      2. Standard Violation. For each violation of a standard of the land use permit or Vacation Rental license, no more than one thousand five hundred dollars ($1,500.00) for a first violation, no more than three thousand dollars ($3,000.00) for a second violation within one (1) year, and no more than five thousand dollars ($5,000.00) for a third violation within one (1) year.
      3. Civil penalties may be imposed by the enforcing officer, a hearing officer, or the court and determined within the ranges above by applying the facts of each violation to the factors in Section 1-7.1(c). For more information on the Department’s policies regarding imposing civil penalties and right to appeal, see Code Enforcement Policy 7-0-23 Code Enforcement Policies and Procedures-General Overview (PDF).
  2. Suspension and Revocation.
    1. Grounds for License Suspension or Revocation. The Director of Permit Sonoma may suspend or revoke a license or certification in the event of one or more of the following:
      1. License issuance or certification was based on inaccurate or incomplete information.
      2. The Vacation Rental has operated in nonconformance with the Sonoma County Code or license, including but not limited to Code Sections 4-200 et seq. and 26-28-160.
      3. The Vacation Rental constitutes a nuisance.
      4. The certified property manager has not complied with the requirements of Code Section 4-200 et seq.
      5. Licensee has failed to pay fees or civil penalties associated with the Vacation Rental.
      6. Upon inspection by Permit Sonoma Fire Prevention or a Local Fire Department, it is determined that the licensee has failed to comply with Section 4-205, (K), (M), (N), (O), License Standards.
      7. Failure to maintain a compliant wastewater treatment system, including failure to comply with the requirements of an issued operational permit (OPR program).
    2. Terms of Suspension or Revocation. The terms of the suspension and/or determination of revocation, may be based on the nature and frequency of violations, at the discretion of the director utilizing the following guidance:
      1. Violations Not Related to Public Safety:
        1. Initial Violation – Warning. Upon issuance of the first notice of violation of Vacation Rental regulations, the licensee and certified property manager will receive a warning letter regarding the potential for suspension or revocation if additional violations are confirmed.
        2. Second Violation – Temporary Suspension. If a second violation occurs within 12 months of the first, the Vacation Rental license and/or property manager certification may be temporarily suspended for a period of up to 1 month. During this time, short-term tenancy of the short-term rental operations must cease.
        3. Third Violation – Extended Suspension. If a third violation occurs within 12 months of the second, the Vacation Rental license and/or property manager certification may be subject to an extended suspension of up to 6 months.
        4. Chronic Non-Compliance –Revocation and Prohibition. In cases of chronic non-compliance, the license and/or property manager certification will be revoked and a replacement may not be issued for the property for up to 5 years or until such time as the property is transferred to a new owner or owners, whichever is earlier. Suspension and Revocation are subject to Section 4-209 (E) of County Code.
      2. Violations Related to Public Safety:
        1. In cases where one or more violations endanger the safety of guests or the general public, the license may be revoked, without prior warning or suspension, for up to 5 years or until such time as the property is transferred to a new owner, whichever is earlier.
  3. Procedure of Notice.Warning letters and notices of suspension or revocation related to a Vacation Rental license or property manager certification must conform to the following:
    1. Warning Letter. A warning letter notifying a licensee or certified property manager of the potential for future suspension or revocation action must include:
      1. The address of the Vacation rental;
      2. License number or certification number;
      3. Reason for the warning; and,
      4. A statement that future violations may subject the licensee or certified property manager to suspension or revocation.
    2. Notice of Suspension or Revocation. To revoke or suspend a license or certification, the director must issue a written notice to the licensee and certified property manager. The notice must include:
      1. The address of the Vacation Rental;
      2. License number or certification number;
      3. Reason for suspension or revocation; and,
      4. A statement of appeal rights.
    3. Service of Notice. A warning letter or notice of suspension or revocation must be sent via email and both regular and certified mail to the licensee's and certified property manager's addresses on file with the department.
  4. Appeals.Suspension and revocation actions may be appealed in accordance with the following:
    1. Right of Appeal. A notice of suspension or revocation may be appealed by the licensee or the certified property manager to a hearing officer. A warning letter is not subject to appeal, though the underlying notice and order or administrative citation is subject to appeal, see Sections 1-7.3(e) and 1-7.6(h) and Code Enforcement Policy 7-0-23 Code Enforcement Policies and Procedures-General Overview (PDF).
    2. Form and Timing. An appeal must be made in writing and submitted to the department within ten calendar days from the date of the notice.
    3. Failure to Appeal. Failure to file a timely appeal makes the suspension or revocation final and constitutes a waiver of the right to an appeal hearing and adjudication of the suspension or revocation. The suspension or revocation will become final 11 days after the date of the notice if no appeal is received, at which point all Vacation Rental operations must cease until the suspension expires or, in the event of revocation, until a new license is properly issued.
    4. Appeal Hearing. An appeal hearing must be noticed, conducted, and decided in accordance with the rules and timelines established by, and consistent with Permit Sonoma Policy 7-0-16 Code Enforcement Hearing Procedure.
    5. Consolidation.The department may consolidate an appeal hearing for a notice of suspension or revocation with an appeal hearing for a related administrative enforcement action under. Note that if the licensee or certified property manager has received a notice and order or administrative citation and a notice of suspension or revocation, both must be timely appealed to be heard together by the hearing officer.

Approved By

Approved By: Scott Orr, Interim Director
Reviewed By Department Manager: Jesse Cablk, Code Enforcement Manager; Ross Markey, Comprehensive Planning Manager
Reviewed By County Counsel: Sita Kuteira
Lead Author: Jessica Hareland, Senior Code Enforcement Inspector; Doug Bush, Planner III