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File #:18-322,Version:1 <br />Summary of Moratorium <br />The proposed moratorium on short-term rentals provides that any residential property owner in the <br />City of San Leandro whose place of residence is not at the San Leandro property that he or she owns <br />and intends to rent will be prohibited from renting the residential property, or having an intermediary <br />rent the property, for a term of less than 30 days. <br />The California Constitution vests the City with the authority to impose a moratorium on non-hosted <br />short-term rentals to protect the health, safety, and welfare of its citizens, and to regulate zoning. In <br />addition, the California Government Code enables the City to immediately protect and preserve the <br />public peace, health, and welfare by prohibiting any uses that may be in conflict with a contemplated <br />general plan, specific plan or zoning proposal that the legislative body, planning commission or <br />planning department is considering. Therefore, the City can impose a moratorium provided it can <br />demonstrate the need for it. <br />Enforcement During Moratorium <br />During the temporary moratorium, City Code Enforcement staff would take the following steps, as per <br />the Community Compliance Program established in the Municipal Code, to enforce against owners <br />who violate the proposed moratorium: <br />Step 1: Courtesy Notice <br />Step 2: Notice of Violation (14 days after Step 1) <br />Step 2: Administrative Citation with $150 fine (14 days after Step 2) <br />Step 4: Administrative Citation with $300 fine (14 days after Step 3) <br />Step 5: Administrative Citation with $600 fine (14 days after Step 4) <br />Step 6: Judicial Order to Abate (at least 1 or more weeks to prepare the order and have a judge <br />approve it) <br />As shown above, enforcement will take time, as the City must comply and follow the notification <br />procedures outlined above. If the violation becomes more complex (e.g., host status is unclear, clear <br />documentation of short-term rental listings are unavailable, etc.) and City staff requires more time to <br />investigate, then the enforcement process could take longer than 3 months. Particularly egregious <br />violations, which would involve violations that would be public nuisances, or pose an imminent or <br />immediate danger of significant harm to persons or property could be subject to summary abatement. <br />However, the timing of summary abatement is substantially similar to the code compliance timeline <br />described above, in that it would involve the judicial process, including court procedures and <br />hearings. <br />Unruly Gatherings Ordinance <br />Staff also recommends that the City Council consider a regular ordinance at first reading to address <br />unruly gatherings on private property. This ordinance would consolidate for enforcement purposes <br />certain behaviors associated with unruly gatherings on private property that have been the subject of <br />numerous calls for service and complaints to the Police Department. <br />Unruly gatherings would be defined as follows: A gathering of twenty or more persons on private <br />City of San Leandro Page 3 of 6 7/23/2018 <br /> powered by Legistar™229