7.a) Consideration of Proposed Ordinance 2022-06 Amending, Title 10 of the Municipal Code of the Town of Hilton Head Island, South Carolina, by Adding Chapter 2 Entitled "Short-Term Rentals"
1) The Presentation is offensive, using "Code" such as "fair ... and balanced" Page 5.
2) Laws regulating behavior aren't not fair and balanced. We prohibit murder. We should effectively prohibit noise, illegal parking, and failing to properly dispose of trash.
3) No data supports the Ordinance. How to we measure is effective?
4) No findings that property values will be substantially enhanced as required by recent Burns case.
5) Those responsible cannot be trusted to solve a problem they let happen!
6) Special Interests Still Freeride
We are where we are because, instead of acting to protect residents and enhance property values, town government has been the standard bearer for special interests—the individuals and firms engaged in the development, construction, owing and investing in, and renting of mini-hotels and other short term rental properties.
The proposed ordinance gives these special interests a complete free ride.
There is a simple solution to problems of noise, trash, and parking. Make these special interests personally responsible for the damage they are doing to the Island and its residents, the remedy being certain and immediate.
Instead of a new meaningless regime of licenses and disclosures, merely enact a simple ordinance that makes the owner and real estate agent liable for the sins of renters.
That will result in owners and agents adopting policies and procedures to “know your customer,” to get adequate security deposits, and to put an end to the untoward behavior.
7) Conclusion: A Better Way
Make both owners and agents absolutely vicariously liable for noise and other violations by renters on their properties. This is common sense surety law. Examples: (1) Require owners and agents to have trash picked up more frequently and to have grounds picked up; (2) Ban on the ground parking; and (3) Boot jack illegally parked cars and find out from the car owner from whom they rented.
Create civil penalties for violations, not fines, and ease enforcement and assure collection by requiring owners/agents to post as, as security, cash bonds with the city equal to one week’s rent. Ban owners and agents whose renters are frequent violators from engaging in the rental business.
I have attended various meetings & have taken the survey. The town has yet to specify with data what the size of the problem actually is. Noise, parking and trash is very general and driving around the island, I can see these problems in all areas, including full time residential areas.There are abandoned cars and boats on lawns, there are unkept mobile homes, and trash kept out in the open. These are issues that the town already has ordinances to address (but apparently fails to do so) yet feels the need to add more regulation and blame it all on STRs, most of which are well kept. It has been stated in various meetings that the majority of STR owners are not an issue and there are just some bad actors. Creating an overly broad and burdensome new ordinance will not bring the bad actors into compliance but will only frustrate those who are already playing by the rules, causing some to rethink hosting STRs, which is most often done to offset expenses so that the owners can enjoy the island and in many cases, as in mine, eventually become a full time resident. STR owners pay a larger share of taxes on the island than full time residents and this ordinance can result in a reduction in that revenue for those who don't want to deal with the extra layer of regulation and/or decide to forego compliance with the license requirements and rent their properties "under the table." Many have brought up the fact that most STRs on the island are already governed by HOAs that address the "nuisance issues" purported to be addressed by this ordinance, yet the town fails to listen and wants to spend tax money on consultants, a monitoring service and a company that will enforce this new ordinance instead of working with the HOAs that are working and supplement where there are no HOAs. Much like the town has not given numbers as to complaint data, it also hasn't given taxpayers numbers on what is and will be spent by the town should this ordinance be enacted. Further, has the town given any thought to the cost of the inevitable litigation that will ensue? It is apparent that this initiative is an attempt to appease a minority of well connected full time residents without giving a comprehensive look at whether the true scope of the problem justifies the total cost and burden to the taxpayers. It's as if the town is trying to do surgery with with a chainsaw instead of a scalpel. I hope common sense & reason will prevail & HHI will realise how much of an unneeded overreach this is
I have been reading all comments and reviewing the meetings concerning STR ordinance. it has been stated that this ordinance was introduced for the following issues, noise, parking, garbage and safety. I have a rental in Shorewood Villas. In my opinion you lumping all short term rentals in one group is ridiculous. All the issues that are stated are already covered in our private gated community. Our HOA and Regime has rules on noise, parking, garbage and safety. We have 24 hour cameras monitoring our property. We have a contact name and number posted at our security office and gate. I can understand there may me issues through out the island with other short term properties. With that being said when asked to provide problem areas or problem properties no one had an answer. To say you have done due diligence on this and not have these figures is total incompetence. Also in one of the public forums the question was asked how what would the process be to deal with complaints and criteria for suspending an STR owner from renting. Anne Cyran's answer was that they would handle just like a nuisance property. The complaint would be heard and ruled on by the Town Council. I am wondering why would you need an extra ordinance when there are already laws in place. It looks to me that the nuisance property laws already covers all points of this ordinance. Why not enforce the laws we have on the books? Which brings me to another point. By putting this ordinance on the books what will change? If we can't enforce the current laws how are you going to enforce the same laws through a different ordinance? Finally I want to point out that there is approximately 4 million plus dollars that would be paid into the government coffers through the new small business license and a $250 per year STR permit. Where does this money go? What do we as the license and permit payers get for that $4 million? One thing you have to take into consideration is HHI was developed as a resort community. It has turned into a semi retirement community but the resort dollars and taxes drive the economy. By putting in this ordinance in you are opening the door to vigil anti neighbors scrutinizing any STR in their neighborhood. Enforce the laws on the books and everyone should be happy.
1. Protect residential parking by controlling tourist and daytripper parking. Create a metric to limit amount of cars allowed per dwelling based on sq ft or number of bedrooms. Do not allow rogue parking on streets. Enforce the parking rules you pass.
2. Protect the integrity of a neighborhood zoned single family (per both Town Code and POA covenants) by conducting annual safety inspections of rental units. Savannah, Charleston, and Beaufort all do so.
3. Enforce Town Code to disallow multiple dwelling units per lot, lockouts, and unsafe, unpermitted modifications. Additional kitchens, tool sheds and garages converted to apartments, and unpermitted expansions to create rental spaces should not be allowed.
4. Local businesses are inspected multiple times per year. Why wouldn't a short term rental business be inspected at least annually to ensure compliance with fire safety regulations and Town Code?
If you eliminate all the absolutely ridiculous, redundant, impossible to comply with and unenforceable provisions of the latest proposed ordinance, you are left with the following: Owners or agent will be available during the STR period to respond to a complaint or other matter. Seriously, I cannot believe that intelligent people actually wrote this ordinance and expect it to have any meaning. I honestly thought when reading it that perhaps Russia had invaded HHI and I missed it on the news. I asked this Committee in one of the very first meetings what the problem was and the reply was we are not sure yet, but we hired a consultant to draft an ordinance for us. Gee, no surprise we got a redundant ordinance given the problem was not known or defined or any of the problems mentioned in the ordinance are already covered by existing laws. What a colossal waste of taxpayer dollars! Please read what the ordinance actually says, a few examples only as each provision can provide a ridiculous example: 1) owner or agent has to respond to a complaint within 1 hour - the police don't even respond within one hour! 2) owner must notify lessees of the existence of a swimming pool or hot tub (I assume because you feel they can be dangerous?) you must have forgotten to mention that there could be trees, trees, sidewalks, moving cars in the parking lot and stairs that they could fall down that could also be hazardous? Seriously? I'm sure you think I am just being a smart-a__ and childish here, but I am not. I am only responding to how these provisions come across from the Committee to anyone who has to comply with them; like YOU are being a smart-a__ and childish. 3) we really have to tell people to put trash in "designated storage areas" and we have to "ensure that the trash containers remain secured"? Now who is being condescending to whom? Notwithstanding to ensure they are secured is impossible. 4) owners also have to ensure trash containers are placed and removed within 24 hours of the approved times - again, do you see how ridiculous this is? I seriously think that perhaps Russia has invaded HHI and this is the beginning of the result. I know no matter what I or anyone says, how idiotic this ordinance is, and the litigation to undoubtedly come from it, you will pass it and put it into place because that is what government does. I can think of many ways taxpayer $'s can be spent other than on nonsense like this. I'm sure others can as well.
1) The Presentation is offensive, using "Code" such as "fair ... and balanced" Page 5.
2) Laws regulating behavior aren't not fair and balanced. We prohibit murder. We should effectively prohibit noise, illegal parking, and failing to properly dispose of trash.
3) No data supports the Ordinance. How to we measure is effective?
4) No findings that property values will be substantially enhanced as required by recent Burns case.
5) Those responsible cannot be trusted to solve a problem they let happen!
6) Special Interests Still Freeride
We are where we are because, instead of acting to protect residents and enhance property values, town government has been the standard bearer for special interests—the individuals and firms engaged in the development, construction, owing and investing in, and renting of mini-hotels and other short term rental properties.
The proposed ordinance gives these special interests a complete free ride.
There is a simple solution to problems of noise, trash, and parking. Make these special interests personally responsible for the damage they are doing to the Island and its residents, the remedy being certain and immediate.
Instead of a new meaningless regime of licenses and disclosures, merely enact a simple ordinance that makes the owner and real estate agent liable for the sins of renters.
That will result in owners and agents adopting policies and procedures to “know your customer,” to get adequate security deposits, and to put an end to the untoward behavior.
7) Conclusion: A Better Way
Make both owners and agents absolutely vicariously liable for noise and other violations by renters on their properties. This is common sense surety law. Examples: (1) Require owners and agents to have trash picked up more frequently and to have grounds picked up; (2) Ban on the ground parking; and (3) Boot jack illegally parked cars and find out from the car owner from whom they rented.
Create civil penalties for violations, not fines, and ease enforcement and assure collection by requiring owners/agents to post as, as security, cash bonds with the city equal to one week’s rent. Ban owners and agents whose renters are frequent violators from engaging in the rental business.
I have attended various meetings & have taken the survey. The town has yet to specify with data what the size of the problem actually is. Noise, parking and trash is very general and driving around the island, I can see these problems in all areas, including full time residential areas.There are abandoned cars and boats on lawns, there are unkept mobile homes, and trash kept out in the open. These are issues that the town already has ordinances to address (but apparently fails to do so) yet feels the need to add more regulation and blame it all on STRs, most of which are well kept. It has been stated in various meetings that the majority of STR owners are not an issue and there are just some bad actors. Creating an overly broad and burdensome new ordinance will not bring the bad actors into compliance but will only frustrate those who are already playing by the rules, causing some to rethink hosting STRs, which is most often done to offset expenses so that the owners can enjoy the island and in many cases, as in mine, eventually become a full time resident. STR owners pay a larger share of taxes on the island than full time residents and this ordinance can result in a reduction in that revenue for those who don't want to deal with the extra layer of regulation and/or decide to forego compliance with the license requirements and rent their properties "under the table." Many have brought up the fact that most STRs on the island are already governed by HOAs that address the "nuisance issues" purported to be addressed by this ordinance, yet the town fails to listen and wants to spend tax money on consultants, a monitoring service and a company that will enforce this new ordinance instead of working with the HOAs that are working and supplement where there are no HOAs. Much like the town has not given numbers as to complaint data, it also hasn't given taxpayers numbers on what is and will be spent by the town should this ordinance be enacted. Further, has the town given any thought to the cost of the inevitable litigation that will ensue? It is apparent that this initiative is an attempt to appease a minority of well connected full time residents without giving a comprehensive look at whether the true scope of the problem justifies the total cost and burden to the taxpayers. It's as if the town is trying to do surgery with with a chainsaw instead of a scalpel. I hope common sense & reason will prevail & HHI will realise how much of an unneeded overreach this is
I have been reading all comments and reviewing the meetings concerning STR ordinance. it has been stated that this ordinance was introduced for the following issues, noise, parking, garbage and safety. I have a rental in Shorewood Villas. In my opinion you lumping all short term rentals in one group is ridiculous. All the issues that are stated are already covered in our private gated community. Our HOA and Regime has rules on noise, parking, garbage and safety. We have 24 hour cameras monitoring our property. We have a contact name and number posted at our security office and gate. I can understand there may me issues through out the island with other short term properties. With that being said when asked to provide problem areas or problem properties no one had an answer. To say you have done due diligence on this and not have these figures is total incompetence. Also in one of the public forums the question was asked how what would the process be to deal with complaints and criteria for suspending an STR owner from renting. Anne Cyran's answer was that they would handle just like a nuisance property. The complaint would be heard and ruled on by the Town Council. I am wondering why would you need an extra ordinance when there are already laws in place. It looks to me that the nuisance property laws already covers all points of this ordinance. Why not enforce the laws we have on the books? Which brings me to another point. By putting this ordinance on the books what will change? If we can't enforce the current laws how are you going to enforce the same laws through a different ordinance? Finally I want to point out that there is approximately 4 million plus dollars that would be paid into the government coffers through the new small business license and a $250 per year STR permit. Where does this money go? What do we as the license and permit payers get for that $4 million? One thing you have to take into consideration is HHI was developed as a resort community. It has turned into a semi retirement community but the resort dollars and taxes drive the economy. By putting in this ordinance in you are opening the door to vigil anti neighbors scrutinizing any STR in their neighborhood. Enforce the laws on the books and everyone should be happy.
1. Protect residential parking by controlling tourist and daytripper parking. Create a metric to limit amount of cars allowed per dwelling based on sq ft or number of bedrooms. Do not allow rogue parking on streets. Enforce the parking rules you pass.
2. Protect the integrity of a neighborhood zoned single family (per both Town Code and POA covenants) by conducting annual safety inspections of rental units. Savannah, Charleston, and Beaufort all do so.
3. Enforce Town Code to disallow multiple dwelling units per lot, lockouts, and unsafe, unpermitted modifications. Additional kitchens, tool sheds and garages converted to apartments, and unpermitted expansions to create rental spaces should not be allowed.
4. Local businesses are inspected multiple times per year. Why wouldn't a short term rental business be inspected at least annually to ensure compliance with fire safety regulations and Town Code?
Jack
If you eliminate all the absolutely ridiculous, redundant, impossible to comply with and unenforceable provisions of the latest proposed ordinance, you are left with the following: Owners or agent will be available during the STR period to respond to a complaint or other matter. Seriously, I cannot believe that intelligent people actually wrote this ordinance and expect it to have any meaning. I honestly thought when reading it that perhaps Russia had invaded HHI and I missed it on the news. I asked this Committee in one of the very first meetings what the problem was and the reply was we are not sure yet, but we hired a consultant to draft an ordinance for us. Gee, no surprise we got a redundant ordinance given the problem was not known or defined or any of the problems mentioned in the ordinance are already covered by existing laws. What a colossal waste of taxpayer dollars! Please read what the ordinance actually says, a few examples only as each provision can provide a ridiculous example: 1) owner or agent has to respond to a complaint within 1 hour - the police don't even respond within one hour! 2) owner must notify lessees of the existence of a swimming pool or hot tub (I assume because you feel they can be dangerous?) you must have forgotten to mention that there could be trees, trees, sidewalks, moving cars in the parking lot and stairs that they could fall down that could also be hazardous? Seriously? I'm sure you think I am just being a smart-a__ and childish here, but I am not. I am only responding to how these provisions come across from the Committee to anyone who has to comply with them; like YOU are being a smart-a__ and childish. 3) we really have to tell people to put trash in "designated storage areas" and we have to "ensure that the trash containers remain secured"? Now who is being condescending to whom? Notwithstanding to ensure they are secured is impossible. 4) owners also have to ensure trash containers are placed and removed within 24 hours of the approved times - again, do you see how ridiculous this is? I seriously think that perhaps Russia has invaded HHI and this is the beginning of the result. I know no matter what I or anyone says, how idiotic this ordinance is, and the litigation to undoubtedly come from it, you will pass it and put it into place because that is what government does. I can think of many ways taxpayer $'s can be spent other than on nonsense like this. I'm sure others can as well.