County Ordinance Updates 11/30/11
November 30, 2011 Leave a comment
- As detailed in our last newsletter, to operate a rental for vacation purposes in Santa Cruz County now requires a Vacation Rental Permit as part of the County’s recently approved Vacation Rental Ordinance. This week marked the deadline to submit for existing vacation rentals in the County. New vacation rental applications will now be the only vacation rental application accepted. The distinction between existing and new is pertinent for those rentals located within the Live Oak Designated Area (LODA), which spans the coast and immediate inland from the Yacht Harbor to 41st Avenue. The Ordinance enforces percentage caps for the number of permits issued within the LODA, making the approval of new application contingent upon how many permits have already been approved on the property’s block. Now that the November 28 deadline has lapsed for existing rentals, the County will be processing the numbers of approved existing rentals within the LODA to assess which blocks are at/over capacity, and which blocks can still accommodate more vacation rental permits. This information will be released by the County as soon as it is compiled. For questions about the Ordinance, the application process, or to discuss our services regarding vacation rental applications, please contact our office.
- The Sixth District Appellate Court ruled in April that the County of Santa Cruz Planning Department’s practice of issuing code violations or “red-tags” has been in violation of state law, which requires a court order or hearing to record red-tags on property titles. As a result of this ruling, red-tags that were issued without a court order or hearing, and do not have an impact on public safety or health, are eligible to be expunged from the parcel’s title- an action that may have significant positive implications for property owners. If the code violation meets these criteria, the County will expunge the re-tag from the Recorder upon request; however, a record of the violation will remain in the County’s computer system. Therefore, if an application is made to the County Planning Department following the expungement, they may require the property owner to resolve the violation before allowing approval of a subsequent application. According to County Staff, if the red tag is expunged, the County is not likely to pursue the violation. Staff has indicated that it may take between 4-6 weeks to have a violation expunged once the request is received, and there is no fee associated with this process. Expungement of violations may be critical for those trying to buy, sell, or refinance their property.
For the complete SantaCruz.com article on this issue, visit their website here: http://www.santacruz.com/news/2011/09/13/countys_red_tag_habit_deemed_illegal.
The Request for Expungement form can be found here: http://www.sccoplanning.com/pdf/bldg/violationexpungementrecordednotice.pdf.
Please contact us if you have questions about expunging a red-tag.
