Board approves public hearings for short-term rental regulations

Public strongly encouraged to provide feedback; Rules would affect STRs in unincorporated areas

The Board of County Commissioners has approved moving forward with a public hearing process to consider implementing rules and regulations regarding short-term rentals (STRs).

This action triggers two future public hearings on the proposed regulations. The first is slated for Thursday, Aug. 10 during the board’s regular weekly Business Meeting at 6 p.m. The second will be determined at a later date. The public is encouraged to provide testimony at these hearings. Residents and interested parties can do so either in-person or over Zoom.

If the County Code is amended, the regulations will take effect only within the unincorporated areas of Clackamas County – there would be no effect on STRs located within city limits. Further, this program is considered to be a pilot program, and would be in effect for two years from the time of being enacted.

Proposed changes

Clackamas County currently has no STR regulations. Proposed regulations would require all STRs in unincorporated Clackamas County to register with the county. The process would be free and an in-home inspection would not be required. When registering, the property owner and/or manager would certify that the property meets safety standards and that they will abide by the STR program rules. These include, but are not limited to:

• STR owners will continue to pay the county’s transient lodging tax (6%)
• The proposed STR regulations impose a .85% user fee on the total rental amount
• No STR may be publicly advertised for rent unless it has been registered with Clackamas County
• STRs shall comply with all building and fire standards
• STR registration identification numbers shall be included on any advertisement or rental platform
• Name/contact information of a party responsible for the STR shall be posted at all times while paying guests are on the property, in an area and size readily visible from the nearest public roadway. That person/company must be available 24/7 and able to respond to complaints within two hours.
• The number of STR occupants shall not exceed the number authorized in the registration. Twelve occupants is the maximum.
• Notice shall be clearly posted in the STR that identifies and informs occupants of the county's noise control ordinance
• Adequate parking – one off-street motor vehicle space per sleeping area – is required
• Vehicles shall never block access for emergency vehicles, access to the premise, or a parked motor vehicle. These violations, or other parking performed in a manner that violates the county's current parking and towing ordinance standards, may subject the offending vehicle to immediate tow.
• The proposed STR regulations do not apply to hotels, motels, bed and breakfast facilities, hostels, campgrounds, recreational vehicle camping facilities, or organizational camps

Violations

Clackamas County encourages any residents/parties to cooperate directly to resolve conflicts arising from an STR. First attempts to remedy violations should be to contact the posted STR representative. If that person does not respond within 24 hours or does not adequately remedy the issue, the county should be notified. Further details:

• Clackamas County reserves the right to immediately revoke registration if it determines an STR is a fire or life safety risk
• Clackamas County reserves the right to review pertinent financial records or visit the STR to ensure violations have been resolved at any reasonable time
• When noncompliance of the STR regulation is suspected, the county shall issue two warnings in writing
• An owner that operates an STR without an approved registration or while suspended shall be subject to penalties

Next steps

As this action is a potential county ordinance change, two public hearings at least 13 days apart are required. After that time if passed, the ordinance would be effective after 90 days or immediately if the Board declared an emergency. Before going into effect, the county would post the registration application online.  

Interested parties can provide testimony during the public hearings at the two Business Meetings, and can also submit written comments for the record to bcc@clackamas.us with the subject line “STR Regulation Comments.”

The full proposed regulations can be found online. Members of the media may contact Clackamas County Public Affairs’ Dylan Blaylock. STR owners and interested parties with questions can contact Policy Advisors Caroline Hill or Everett Wild at 503-655-8581 or bcc@clackamas.us.

Future updates about the project and public hearings can be found at www.clackamas.us/str.