8-8-3 License Required--Penalties.
A. License Required. To obtain a new or renewal license, a person must submit to the Town a complete application on the forms prescribed by the Licensing Administrator. Prior to use of a property as a vacation rental, the owner shall obtain an annual short term/vacation rental license from the Town of Oro Valley. Renting, or offering for rent, a vacation rental without complying with the license requirement in this section is prohibited. A separate license is required for each short-term rental. A license is valid for one (1) year from the date of issuance or renewal. A license is nontransferable and nonassignable. Attempted transfer or assignment will void the license and all fees paid will be forfeited.
Complete renewal applications must be submitted to the Licensing Administrator no later than forty-five (45) calendar days prior to the expiration of a license; otherwise, the license will be deemed expired and nonrenewable. If a complete renewal application and the applicable renewal fee are not received by the required date, an application for a new license must be submitted and must include all information and fees required for a new license application.
B. License Applications. The owner of a proposed vacation rental shall submit to the Town of Oro Valley a license application on a form furnished by the Town of Oro Valley. The license application shall be signed by the applicant and shall contain the following minimum information, which shall be made publicly available:
1. The physical address of the residential property proposed to be used as a vacation rental.
2. The name, address, and telephone number of the owner for which the vacation rental registration certificate is to be issued; if the property owner is an entity, then the legal name of the entity and its statutory agent.
3. The name, address, and telephone number of each designee of the owner, if any.
4. The full name, address, and twenty-four (24) hour telephone number of the individual who will serve as the emergency point of contact.
5. Proof of a valid transaction privilege tax license.
6. Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, have been convicted of any felony act that resulted in death or serious physical injury, or have been convicted of any felony use of a deadly weapon within the past five (5) years.
7. Attestation of compliance with the notification required in this article.
8. Evidence of liability insurance appropriate to cover the vacation rental in the aggregate of at least five hundred thousand dollars ($500,000) or evidence that each vacation rental transaction will be provided through a platform that provides equal or greater primary liability insurance coverage for the vacation rental.
9. Evidence the vacation rental is registered with the Pima County Assessor’s Office in accordance with A.R.S. § 33-1902.
10. If the applicant is an individual, proof of lawful presence in the United States in accordance with A.R.S. §§ 1-502 and 41-1080.
C. License Fee. Every application, including any renewal application, for a vacation rental license under this article shall be accompanied by a nonrefundable fee established by Town Council resolution.
D. Issuance--Reasons for Denial. The Town of Oro Valley shall issue or deny the license within seven (7) business days after receipt of a complete application, except that the Town may deny issuance of a license for any of the following reasons:
1. The applicant failed to provide the information required under subsection (B) of this section;
2. The applicant failed to pay the license fee required under subsection (C) of this section;
3. The applicant provided false information;
4. The owner or designee of the owner: (a) is a registered sex offender; (b) has been convicted of any felony act that resulted in death or serious physical injury; or (c) has been convicted of any felony use of a deadly weapon within five (5) years of submitting the application; or
5. At the time of application, the owner has a suspended license for the same vacation rental or any of the following applies:
a. One (1) violation at the vacation rental that resulted in or constituted any of the offenses described in Section 8-8-11; or
b. Three (3) violations of this article at the vacation rental within a twelve (12) month period, not including an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
E. Notice of Denial--Appeal. The Licensing Administrator or designee shall give notice of the denial of an application to the applicant by emailing the notice to applicant at the email address listed on the application. The notice of the denial shall inform the applicant of the right to appeal the denial as provided for in Section 8-8-13.
F. Appeals for Application Denials and Suspension of License.
1. The Licensing Administrator or designee must give written notice to the owner or owner’s designee of a violation that may result in the suspension of the license. The notice must include a description of the violation, the statutory or code reference, notification that a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension of the license. The notice must be served on the owner or owner’s designee by either personal service or registered/certified mail using the address provided pursuant to Section 8-8-13. Service of the notice will be deemed complete upon mailing to, or receipt of personal service on, the owner or owner’s designee.
2. The owner or owner’s designee receiving a notice under Section 8-8-13 may request a hearing. If requested, the hearing will be conducted in the same manner as set forth in Section 8-8-13. Requesting a hearing will stay the decision of the Licensing Administrator or designee to suspend a license until the Civil Hearing Officer has rendered a decision. If the decision to suspend the license is upheld by the Civil Hearing Officer, and the original period of suspension has passed, in whole or in part, the Civil Hearing Officer may designate the period of suspension for up to twelve (12) months.
3. If the owner or owner’s designee does not request a hearing, the Licensing Administrator or designee may suspend the license for up to twelve (12) months.
G. Maintaining Accurate Information--Violations. All applicants and persons holding licenses issued pursuant to this article shall give prior written notice to the Licensing Administrator or designee of any material change in information submitted in connection with an application for a license or renewal of a license. The notice shall be provided to the Licensing Administrator or designee not less than ten (10) days prior to the effective date of the change. Any information required for an application under this section is deemed to be material for purposes of this section. A violation of this subsection is a civil offense.
H. Term of License--Renewal Application. All licenses issued under this article shall be valid for a period of one (1) year from the date of their issuance/until suspended or revoked. Except where the town has received a new application along with the requisite fees, it shall be unlawful for any person to operate a vacation rental after the expiration date recorded upon the face of the vacation rental license.
I. Operating Without a License--Penalties. A vacation rental that fails to apply for a license within thirty (30) days of the license application being made available by the Town shall immediately cease operations. In addition to any other penalty pursuant to the Town of Oro Valley Code, the Town may impose a civil penalty of up to one thousand dollars ($1,000.00) per month against the owner if the owner or owner’s designee fails to apply for license within thirty (30) days of receiving the written notice of violation from the Town. Representations or advertisements including online listings that reference the property, house or dwelling unit location within the Town of Oro Valley incorporated boundary is prima facie evidence that a vacation rental is operating in the Town.
J. Nontransferable. No license shall be transferable either as to location or as to person.
K. Implementation. The Town of Oro Valley Licensing Administrator or designee shall develop the necessary forms and/or database necessary to implement this section. ((O)23-01, 01/04/2023)