Short-term rentals in Weatherford, explained properly.

Sec. 5-15-3 and Sec. 5-15-5 say the application fee and renewal fee are set in the City of Weatherford Fee Schedule; the application fee is nonrefundable and paid when the application is made, whether or not a permit is issued. The reinspection fee is charged under Sec. 4-2-12 of the City code when a property fails an inspection or a reinspection is needed. The City's STR page lists $400 for the initial application, $400 for a renewal every two years and $150 for reinspection, and says applications made between permitting periods get a prorated fee in six-month increments to line up with the next mandatory renewal date. The Fee Schedule and Sec. 4-2-12 were not fetched, and the page carries no effective date for its fee table, so these amounts need a check against the dated fee schedule.

Sec. 5-15-5 says permits are valid from issuance until June 1 of the following even-numbered year, when all permits must be renewed. The holder applies before the renewal date on the planning director's form and either updates the Sec. 5-15-3 information or submits a statement that the earlier information is still accurate. The renewal fee is set in the Fee Schedule. The City's STR page says renewal reminders are mailed to permit holders at least 30 days before expiration. Initial and renewal inspections may be performed by the fire marshal or building inspector.

Sec. 5-15-5(d) says a permit is not transferable to another owner, operator or location. Under Sec. 5-15-4(l) the purchaser of a short-term rental gives the planning director current application materials, with any new information about the ownership change, within 30 days of the closing date, and pays a permit renewal fee as set in the Fee Schedule. The fire marshal or building official inspects the property as part of the change in ownership process.

Sec. 5-15-4(m) and Sec. 5-15-3(3) require registration with the City finance department before the application date and proof of registration with both the City and the State. The owner or operator must remit all applicable hotel occupancy taxes under local and state payment schedules. On request of the planning director, the owner gives, within 30 days, an accounting of all rental activity and the hotel occupancy taxes paid. Failure to remit on time is a violation, and the permit is revoked if all applicable tax is not paid within 90 days of a delinquency notice. The City's hotel occupancy tax rate is in Chapter 6 of the code, which was not read, so this page leaves the rate out.

Sec. 5-15-9(a) applies to an owner or operator of a property registered with the City to collect and remit hotel occupancy tax before the chapter's effective date who is unable, fails or refuses to obtain a permit: the rental must be discontinued within 90 days of the effective date or the notice of permit denial, whichever is later. The block-face density limit still lets that owner get a permit if every other requirement of Sec. 5-15-4 is met. Under Sec. 5-15-9(b) a property not registered for hotel occupancy tax before the effective date had to discontinue within 30 days of the effective date and cannot resume until a permit is applied for and issued.

Sec. 5-15-4(b) limits the maximum number of persons in a short-term rental to two per bedroom plus two. A bedroom that does not meet the life-safety standards (smoke alarms, interior bathroom access, an outdoor means of egress) cannot be used or advertised as a bedroom and is left out of the occupancy count. Each bedroom must have interior access to a bathroom, private or shared. Advertisements must include the occupancy limits.

Sec. 5-15-4(c) makes it unlawful for an occupant to park a motor vehicle on any surface that is not an approved all-weather surface adequate for the loads and traffic, or for an owner or operator to permit it, in accordance with Sec. 12-4-105 of the City code (not read). The application includes a parking plan showing the location and number of spaces used with the rental. The occupant notification packet must give the location of required off-street parking, other available parking and the prohibition of parking on landscaped areas or on the street.

Sec. 5-15-3(6) requires proof of liability insurance with the City and its officials, employees, agents and officers listed on all policies, and says the policy should provide minimum liability coverage of $1,000,000. Sec. 5-15-4(e) requires working smoke alarms meeting Texas Property Code Secs. 92.254 and 92.255 (one on each floor and one in each bedroom); at least one working carbon monoxide detector on each floor if the premises have natural gas, propane or an attached garage; a 2A:10B:C five-pound fire extinguisher on each floor, inspected annually and tagged by a third-party inspector; gas appliances vented outside the home; one means of egress directly outdoors from each bedroom; and an evacuation plan posted in each bedroom. A room that does not comply cannot be used as a bedroom, and if it has a door it stays locked while the dwelling is used as a short-term rental.

Sec. 5-15-4(o) has the fire marshal perform periodic inspections and lets the fire marshal enter at reasonable times; if consent is refused, the fire marshal may seek an administrative search warrant under Article 18 of the Texas Code of Criminal Procedure. The fire marshal or building inspector may inspect on application, and again on renewal and change of ownership. If an inspection finds a violation, the City gives written notice and sets a reinspection date. The owner or operator must obtain annual independent inspections of all fire extinguishers. The City's STR page links an inspection checklist (not read).

Sec. 5-15-4(i) requires the owner or operator to name a representative as the local responsible party for immediate concerns and complaints. That person must be available in person or by phone at all times while occupants are on the premises, must be able to and shall be present within one hour of receiving a call from the planning director, and must be authorized to make decisions about the premises and its occupants. The application includes the name, address and phone number of a 24-hour contact.

Sec. 5-15-4(f) requires owners, operators and occupants to follow the whole City code, and owners must tell occupants about relevant city codes and their liability for violations. It makes unlawful: unreasonably loud or improper noise or other disturbances prohibited by Title VI of the code, including in outside areas such as decks, porches, patios, hot tubs, pools, saunas and spas; sleeping outdoors; and placing waste or recycling receptacles at the pickup location before 6:00 p.m. the day before scheduled pickup or failing to remove them by 7:00 a.m. the day after. The occupant notification packet must list quiet hours and noise restrictions. The quiet hours themselves were not researched (Title VI was not read).

Sec. 5-15-4(f)(4) makes it unlawful to advertise, promote or operate a special event, or to permit one to be advertised, promoted or operated, on the premises. The listed examples are a banquet, wedding, reception, reunion, bachelor or bachelorette party, concert, or similar activity that would assemble large numbers of invitees.

Sec. 5-15-4(h) bars advertising or promoting the rental, or letting another do so, without including the occupancy limits, parking standards and city permit number in the listing. Sec. 5-15-4(g) says on-premises signage advertising or identifying the short-term rental is not permitted. Under Sec. 5-15-8(c) any online or print advertisement for a rental of 30 days or less in the city is prima facie evidence that the property is being used as a short-term rental. Permit information, including property address, permit number and permit date, is public.

Sec. 5-15-4(j) lists what the packet must contain: maximum occupants; the location of required off-street parking, other available parking and the prohibition of parking on landscaped areas or on the street; quiet hours and noise restrictions; a list of HOA rules if applicable; the 24-hour local contact and phone number; waste disposal requirements, including where receptacles go; flooding hazards and evacuation routes, plus the emergency siren system and other safety features; emergency and non-emergency numbers; and a notice that failing to follow the occupancy and parking requirements is a code violation for which an occupant or visitor may be cited. Sec. 5-15-4(k) says the rental agreement must include all the packet information. The City's STR page links a packet template.

Sec. 5-15-4(q) says the chapter is not authority for the licensee of a lake lot licensed by the Board of Trustees of the Weatherford Municipal Utility System to sublease a property as a short-term rental or to seek a permit. Any sublease of a licensed lake lot must follow the lake lot license agreement. A lake lot licensee seeking a permit must obtain the licensor's consent under the license agreement and provide proof of it with the permit application. The City's STR page also says its regulations do not cover residences on lake lots. The lake lot license agreement was not read.

Sec. 5-15-6(a) lets the planning director revoke a permit or deny a renewal if the owner, operator or any occupant failed to comply with the chapter three or more times within 12 months. Sec. 5-15-6(b) lets the director revoke, or deny an original or renewal application, if a property had three or more violations of federal law, state law or other City code provisions in the previous 24 months, based on how often they happened, whether they were intentional or knowing, and how far they endangered public health, safety or welfare. No new permit may be sought for the property for 12 months after a denial or revocation. Failure to remit hotel occupancy tax within 90 days of a delinquency notice results in revocation (Sec. 5-15-8(b)). Sec. 5-15-8(a) lets the City issue a citation immediately; fine amounts were not researched.

Sec. 5-15-7 lets the planning director's revocation or denial be appealed to the city manager. The appeal must be filed with the planning director no later than the 20th day after the revocation or denial, be sworn, and name each alleged error with the supporting facts, evidence and reasons. The city manager or a designee reviews it not later than the tenth day after the notice of appeal is filed and may affirm, modify or reverse, and gives the appellant written notice. An appellant seeking judicial review must file a petition in a court of competent jurisdiction not later than the 30th day after notice of the decision.

Texas Tax Code § 156.052 sets the state hotel occupancy tax at 6% of the price paid for a room, and § 156.051(a) applies it to rooms or spaces costing $15 or more a day. Section 156.001(b) makes a short-term rental (renting all or part of a residential property to someone who is not a permanent resident) a "hotel" for state and local hotel occupancy taxes. Stays of at least 30 consecutive days, with no interruption of payment, are not taxed (§ 156.101). Local hotel taxes are added on top and vary by city and county.

Whoever owns, operates, manages or controls a hotel must collect the state tax (Tax Code § 156.053), and the Comptroller's office treats short-term rentals the same way. The Comptroller does not issue printed hotel tax permits; a business that reports the tax sends Form AP-102 (Hotel Occupancy Tax Questionnaire) to the Comptroller. A short-term rental platform that has agreed with the owner to collect and remit state hotel tax files Form AP-102 itself, and an owner who rents only through such a platform does not collect and remit the state tax. An owner who takes bookings directly or through a platform that does not collect must collect and remit the state tax. Local hotel taxes are handled separately by the city and county.

Each calendar month is a reporting period, with the return and tax due to the Comptroller by the 20th of the following month (Tax Code § 156.151(b)). A taxpayer who owes less than $500 for a month or $1,500 for a quarter files quarterly, due the 20th day after the quarter ends (§ 156.151(c)). The Comptroller allows a 1% discount when the return is filed and paid on time.

Cities, some counties and special purpose districts may levy their own hotel taxes, generally up to 7%, and sports or community venue projects may add up to 2% (Dallas County up to 3%). Local hotel taxes apply to sleeping rooms costing $2 or more a day. The Comptroller collects only the 6% state tax; cities and counties collect their own local hotel taxes, so hosts should check with the city and county where the rental is.