2018-09-06 Hearing Transcript - Council Initiated Bill 108, Draft 4

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CLARKSON: But, you think you could compile a list based on public information if they fail to register? YEE: I see Amy Self walking up, so, I have a sense she'd like to chime in. SELF: If I may. This is—the whole purpose behind this— CLARKSON: Please introduce yourself. SELF: I'm sorry. Amy Self, Deputy Corporation Counsel. I represent the Planning Department and Planning Director. The whole purpose of Bill 108 is to require people to register because right now there is no law. There's nothing, no law against someone renting their house out as a short-term vacation rental. There's nothing defined in the Zoning Code for that so the use of that property is as a single- family dwelling. As long as they meet the definition of a single-family dwelling, there's, they're not required to register or anything else, and that's why the purpose of this bill is so that they can track how many short-term vacation rentals there are in this County. There's no way to know right now because you can do it. It's not illegal. CLARKSON: No, my question related to the—let's just say there was some lack of communication and someone who didn't know they were supposed to register didn't. How would the enforcement agency, which is the Planning Department apparently according to this bill, determine that? In other words, I just wanted my questions about Airbnb and everything is how is anybody going to know whether this law is being followed or not if it becomes an ordinance? SELF: Well, it's like any other zoning violation. It's complaint driven. So, someone files a complaint with the Planning Department saying that someone is operating a short-term vacation rental because they saw it on the Internet or whatever and that they know that they haven't registered, then the Planning Department would be required to go out and investigate and there are all kinds of ways that they could find out whether or not this, whether these people are operating legally. It would be the same enforcement that's under the current Zoning Code. So, it would be complaint driven. CLARKSON: Thank you. RAFFIPIY: I have a question, Mr. Chair. I see the enforcement, and I see the inspection. All I can see now is dollars as far as support to here, the Planning Department. Is that bill addressing funding positions to, you know, to man up these? And, I can see inspectors out there to do inspections, and so I'm just wondering if that's factored into it or if they thought about it, man up your Department, sir. YEE: During testimony to the Council, I certainly pointed out that without inspectors, enforcement would be very, very difficult. The bill does not, does not, cannot address placing new positions in that, but I think clearly with the intent of Council, our budget will have to be EXHIBIT C 10