Short-term rentals in Blue Ridge, explained properly.

Sec. 10-192 defines a short-term vacation rental as an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. The term does not include a residential dwelling unit not regularly offered for rental, defined as any residence offered for rental less than 14 days in any given calendar year. A residential dwelling includes all housing types and excludes group living or other lodging uses.

Sec. 10-194(a) requires the application to include at a minimum: the owner of record's name, address, telephone and email (for an entity, all partners, officers and directors); the unit address; the name and contact details of the short-term vacation rental agent; the owner's sworn acknowledgment that they have received and reviewed the section; the maximum occupancy, which must be the same number advertised to renters; the owner's agreement to use best efforts to prevent disruption of the neighborhood; a copy of the owner-occupant agreement obligating the occupant to follow the article, other city ordinances and state and federal law, with violations permitting immediate termination of the agreement and eviction and potential liability for fines; proof of current ownership (or the management company's contract with the owner); and proof of a visible rental sign that includes the 911 address of the property. Registration is not transferable: if ownership changes a new application and application fee are required. For any other change in the information, the holder amends the application without an additional application fee (Sec. 10-194(b)).

Sec. 10-194(b) says registration under the section is not transferrable and, should ownership of a short-term vacation rental change, a new application is required, including the application fee. Any other change in the information or facts in the application is handled by amending the filed application without an additional application fee.

The application must name a short-term vacation rental agent, whose contact information is the 24-hour contact. The agent must be reasonably available to handle problems arising from use of the unit, be available by telephone within 24 hours after the city administrator, police chief or their designee gives notice of issues related to use or occupancy, receive and accept service of any notice of violation, and monitor the unit for compliance with the article (Sec. 10-194(a)(3)).

Sec. 10-193(b) bars owners from allowing overnight occupancy to exceed the maximum capacity identified in the rental certificate application. Under Sec. 10-194(a)(5) the owner states the maximum occupancy, and it must be the same number advertised and marketed to potential renters. The article does not give a formula; the number comes from the owner's application. Owners must also not allow occupants to violate any federal, state or local law or ordinance and must use best efforts to prevent disruption of adjacent owners' quiet enjoyment (Sec. 10-193).

Sec. 10-199(b): where an owner or agent is operating a short-term rental on property not within a category eligible for a certificate and has been paying the monthly hotel/motel tax as required by law, the operation is grandfathered and may continue until there is a change in ownership. The exception is property zoned C-1 (Limited Commercial) or C-2 (General Commercial), where the operation may continue even with a change in ownership, and C-1 or C-2 property for which a building permit was applied for before January 1, 2023 can obtain a short-term rental permit and be grandfathered. All other terms and conditions of the article apply to a grandfathered rental. The ordinance took effect on passage by the council and mayor's execution, or after 15 days without a mayoral veto (Sec. 10-199(a)); the Code shows Ord. No. BR2023-04 was adopted February 21, 2023.

Sec. 10-197(b) says short-term rentals occurring on or after July 15, 2019 without a valid rental certificate are a violation of the article and subject to a minimum fine of $250.00. Each occurrence is a separate offense. For a guest-caused violation of the article or any other City ordinance, notice goes to the short-term vacation rental agent, and failure to remedy a notice of violation may result in a citation prosecuted under the City Code (Sec. 10-197(a)). Nothing in the article limits City action to remedy a dangerous condition or protect public safety (Sec. 10-197(c)).

Under Sec. 10-197(a), upon a conviction of violation the city clerk or the city attorney may revoke the short-term vacation rental certificate and may reject all applications for the subject premises for a period of 12 consecutive months. Separately, Sec. 10-195 makes false statements or information in the application grounds for revocation, suspension and/or penalties, including denial of future applications.

A person aggrieved by the city administrator's decision to revoke, suspend or deny a certificate may appeal to the city council. The appeal is filed in writing with the city clerk's office within 30 calendar days after the adverse action and contains a concise statement of the reasons. The council decides at its next regularly scheduled meeting and may hold any hearing it considers necessary, or may simply vote to reverse or confirm the decision (Sec. 10-198).

Georgia charges sales tax on accommodations. The state rate is 4%, and each county adds its own local sales taxes; the Georgia Department of Revenue publishes the combined rate for every county in a quarterly rate chart.

Georgia charges a $5.00 State Hotel-Motel Fee for each night an accommodation is rented, including short-term rentals. It is a flat amount per night, not a percentage of the rent, and is collected from the guest.

The $5 state fee does not apply once a stay becomes an extended stay: from the 31st day of uninterrupted occupancy by the same guest, the fee is no longer collected. If the guest checks out and checks back in, the count starts again.

If you list your home with an online booking platform that handles payment (a "marketplace innkeeper"), the platform must collect and remit the state hotel-motel fee for each night of those stays. For stays you book yourself, you collect and remit the fee.

Owners who collect the state hotel-motel fee must register on the Georgia Tax Center for a sales tax number and a state hotel-motel fee number, and file the fee return electronically by the 20th of the following month. A return is due every month, even when no rooms were rented and even if sales tax is filed quarterly or yearly.