Following work sessions, input from numerous sources, and considerable discussion and debate, Baldwin County has updated its short-term rentals ordinance.
The Baldwin County Board of Commissioners adopted the ordinance this past Tuesday night, amending section 16-75 of the Land Development Code. The new measure significantly changes the regulations governing rentals of residential units. According to County Manager Carlos Tobar, there are currently about 50 known properties that will be affected.
Tobar said Monday that the regulations apply to anyone who offers a residential for rent more than 14 days annually. Conversely, the ordinance prohibits a rental period of more than 30 consecutive days.
One provision that attracted considerable discussion centered on the requirement for all owners to designate an agent to act as the owner’s representative, who will, among other duties, appear at the rental property within two hours following notification from the appropriate county official regarding issues related to the occupancy of the property. That section remained in the updated ordinance that was adopted.
Tuesday night, County Attorney Brandon Palmer highlighted a few changes made as a result of the work sessions and public hearing. One involved the term of the rental certificate.
“The commissioners wanted to change the term of the rental certificate to expire on December 31 annually without automatic renewals,” he pointed out. “Any current holder of a short-term rental certificate would need to reapply.”
Palmer noted that the commissioners wanted to make each day an ordinance violation continues after notification by the appropriate county official a separate violation.
Penalties and license revocation were the other major changes in the regulations, Palmer said.
“The penalties were changed such that for the first violation within any 12-month period the fine shall be not less than $500, nor more than $1,000,” Palmer stated. “For the second violation within any 12-month period, the penalty shall be a fine of $1,000.
“And for the third violation within any 12-month period,” the attorney concluded, “the penalty shall be a fine of $1,000. As well as for the third violation comes the automatic revocation of the short-term vacation rental certificate.”
Upon that occurrence, the ordinance states, no application for a rental unit certificate by that owner shall be accepted for 12 consecutive months. Further, the ordinance states the county official “may” revoke the owner’s license upon either the first or second violation, with the same 12-month period of rejection of an application.
Several people in attendance signed in to address the commissioners regarding the amended ordinance. Significantly, each speaker was in favor of its adoption.
Numerous residents of the Erin Shores subdivision on the east side of the lake spoke, with homeowners’ association president Greg Brown at the podium first.
“I want you to know that I fully endorse the proposed ordinance,” Brown told board members. “It comes a long way toward managing some of the concerns and issues we’ve had in our neighborhood. It has an enforcement capability that we really like to have. It brings the county in on the side and alleviates some of the conflicts between the neighbors when you say to them ‘Hey, you need a trash can’, or ‘You’re parking 19 cars in an area where it’s not available’.”
Brown credited the county with the parking plans, docking plans, the occupancy limits … “and the immediate notification capability of your plan, where somebody has to be within two hours to see what may be going on is really good, since a few of the owners live in states far away.”
Brown concluded his remarks by expressing his appreciation.
“I want to thank those that put together this great proposal. I’ve read it twice, and I’d like to say that it has everything I as a (homeowners association) president would want to see.” Brown was followed by subdivision residents Jim Weldon, Cindy Walton, Charlotte Williams, and Linda Brown, along with David and Harriett Morris of Honeysuckle Drive, and Pam Peacock of Montego Bay Road, all of whom detailed problems with the short-term rentals before requesting the adoption of the amended ordinance.
District 4 Commissioner Henry Craig was the only board member who commented on the proposed measure, and he supported the requests of those who spoke.
“All we’re asking is to create regulations and policy that supports good neighbors. And, I want to suggest,” he continued, “what all these VRBOs, short-term rentals are is nothing more than little hotels. We just don’t know where these hotels are. And you wouldn’t allow a hotel to be in this community with no one responsible for it, and nobody that you could call.”
County Commission Chairman Johnny Westmoreland expressed his appreciation to those in the audience for their interest and input and to staff members and Palmer for their work in compiling the updated ordinance.
The measure passed unanimously.