Ord. 1602 2021-07-26_FailedORDINANCE NO.1602
An Ordinance of the City Council of the City of Pearland, Texas, amending
Chapter 20 of The Code Of Ordinances of The City of Pearland, Texas, by
adding Article IX, Short-term Rentals, creating a requirement for a registration
program for the operation of short-term rentals and the requirement to pay hotel
occupancy fees to the City of Pearland when operating a short-term rental within
the corporate limits of the City of Pearland; providing a savings clause; providing
a penalty clause; a repealer clause and providing for publication.
WHEREAS, the City, being a home-rule city, has authority to utilize police power
regulation for the health, safety and general welfare of the citizens of the City; and
WHEREAS, residential short-term rentals are being operated within the City of
Pearland and in order to preserve the health, safety, and welfare of local homeowners,
neighborhoods, citizens, and visitors of Pearland, the institution of a short-term rental
registration is necessary, and
WHEREAS, the City Council seeks the equitable application of the hotel occupancy tax
by requiring the collection and remittance of hotel occupancy taxes for operating short-term
rentals; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1.That Chapter 20 of the Code of Ordinances of the City of Pearland,
Texas, is amended by adding Article IX, Short-Term Rental, to read as follows:
“Article IX – Short-term Rentals
Sec. 20.110. Definitions
Agent. A person designated in writing by the short-term rental operator in lieu of themselves
as the 24-hour emergency contact for a lawfully operating short-term rental.
City: The City of Pearland, Texas.
Operator. Any person who operates a short-term rental, as defined in this Article.
Owner. The person or entity that holds legal and/or equitable title to real property.
Person. Any individual, corporation, business, or other organization.
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Short-term Rental. A residential dwelling unit or bedroom in a residential dwelling unit that is
rented out for compensation on a temporary basis for a period of less than thirty (30)
consecutive days.
Short-term Rental Registration (Registration). A Registration issued by the City that identifies
the property as a Short-term Rental property.
Sec. 20.111. Short-Term Rental Registration Required
(a) It shall be an offense for an owner, operator, or agent to operate a Short-term Rental
without Registration obtained from and authorized by the City.
(b) It shall be an offense for any person to market or advertise a short-term rental
unless that Short-term Rental has a current and valid Registration obtained from and
authorized by the City
.
(c) The City issued registration number shall be included for all short-term rental
advertising in print or online.
(d) A Registration shall be valid for one year and is subject to review pursuant to this
Article.
(e) A Registration may not be transferred and does not convey with the property upon
sale.
Sec. 20-112. Application for Registration.
An application for registration must include; but is not limited, to the following information:
(a) The address of the property being used as a Short-term Rental,
(b) The name, address, phone number, and email address of the owner, operator, and
agent, if applicable, of the short-term rental;
(c) The name, address, email and phone number for the local contact person available
24-hours per day and 7 days per week for any emergencies and/or the ability to take
remedial action to resolve any complaints; and
(d) Proof of ownership.
Sec. 20.113. Registration Denial and Revocation
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The Director of Community Development, or their designee, may determine that a Registration
required under this Article should be denied or revoked for the reasons set forth below. Written
notice of the proposed denial or revocation of a Registration shall be provided to the
Applicant/Registrant, along with a copy of any complaint for any of the reasons detailed below
and a statement informing the Applicant/registrant of their right to contest the denial or
revocation of the Registration in the manner set out below.
(a) Reasons for Denial of Registration. The application shall be denied, and no
Registration shall be issued, if the City finds that:
1.The property is not in compliance with the applicable zoning district
requirements;
2.Any statement made in the application is incomplete, inaccurate, misleading, or
false; or
3.The applicant has not complied with this Article or has a history of
noncompliance with the provisions of this Article or any applicable federal, state,
or local law;
(b) Reasons for Revocation of Registration. The City may revoke a registration due to
Owner’s failure to comply with registration requirements, this Article or any applicable
federal, state, or local law.
(c) Complaints. Any resident or employee of the City may submit a written complaint to
the City’s Code Enforcement Department regarding a Short-term Rental for any of
the above listed reasons. Unresolved complaints shall be forwarded to the Director of
Community Development for review. The Director of Community Development or
their designee shall inform the short-term rental Applicant/Registrant of any written
complaint and inform the Applicant/Registrant of when said complaint shall be
reviewed to determine whether this ordinance has been violated.
(d) Hearing. The Director of Community Development, after a public hearing, shall
make a final written finding determining whether a submitted complaint is
substantiated. If the Director of Community Development finds by a preponderance
of the evidence that a complaint is substantiated, the Application shall be denied, or
the Registration shall be revoked. A Short-term Rental whose Registration is revoked
must wait twelve (12) months to reapply for a new Registration.
Sec. 20.114. Hotel Occupancy Tax Payment Required
(a) An owner, operator, or agent operating a Short-term Rental for use shall assess and
collect the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax
Code and Chapter 28, Article III of the Pearland Code of Ordinances.
(b) Shall timely remit to the City of Pearland all city hotel occupancy taxes collected
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pursuant to state law.
Sec. 20.115. Penalties.
(a) Violation of any subsection of this article shall be punishable by a fine not to exceed
the fine established in section 1-11 of the City Code of Ordinances.
(b) Each day the property is used or advertised as a Short-Term Rental without a valid
and current Registration shall constitute a separate offense.”
Section 2. Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
Section 3. Severability. Should any section or part of this ordinance be held
unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portion or portions
thereof; but as to such remaining portion or portions, the same shall be and remain in full force and
effect and to this end the provisions of this ordinance are declared to be severable.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of Pearland,
Texas, that the provisions of this ordinance shall be codified in the City’s official Code of
Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten
(10) days from and after its publication, or the publication of its caption and penalty, in the
official City newspaper.
PASSED and APPROVED ON FIRST READING this the 12th day of July, A. D., 2021.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
CRYSTAL N. ROAN, TRMC, CMC
CITY SECRETARY
ORDINANCE NO.1602
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day of July,
A. D., 2021.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
____________________________
CRYSTAL N. ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
____________________________
DARRIN M. COKER
CITY ATTORNEY