"Thomas Jefferson said a democracy is dependent on an informed citizenry.  I don't care whether it sounds corny or not.  It's the truth." -Jim Lehrer

Carefree Truth
Issue #833, June 15, 2020

Planning Director Stacey Bridge-Denzak noted that several years ago, Governor Ducey embraced short term vacation rentals in the state of Arizona. The original legislation restricted really undesirable uses.  The Carefree Ordinance reinforced the State statute prohibiting non residential uses in residential neighborhoods.  But over time, issues have arisen. The proposed text amendment broadens the list of prohibited non residential uses, and allows direct accountability on the part of short term rental (STR) owners regarding nuisances.  It ensures that STRs are registered with the Arizona Department of Revenue (ADOR), Maricopa County, and the Town of Carefree, and that property owners provide emergency/complaint contact information to the Town.


The text amendment clarifies that Carefree can prohibit non residential uses for STRs such as retail, banquet halls or wedding venues.  It allows the Town to require contact information for responsible parties to address complaints.  It enforces compliance of all state and local laws.  And it provides a penalty framework for offences as described in the Ordinance, including fines and civil action if necessary.  The State requires that municipal violations be reported to them.



Councilman Stephen Hatcher recalled that the condos being built in downtown Carefree had several units that were designated as STRs.  An organization was identified to manage these units that could be called and would respond quickly to nuisance issues such as loud music.  Can the Town use this organization to over see all the STRs in Carefree?


Mrs. Bridge-Denzak replied that some municipalities do use management companies for that purpose, but there are not many STR units within Carefree, and the cost to retain a management company is high.  She felt it could be managed by the Town, and was not justified at this time.  But the option could be explored in the future, if needed.


Vice Mayor John Crane thought this was a step in the right direction.  It would help strike a balance.  The STRs rule; it is very one-sided now.  Neighbors who are bothered have very little leverage.  He asked how many STR owners have business licenses, or will they be starting from scratch.  Mrs. Bridge-Denzak replied that there is no tracking process now, but she didn't believe that many are licensed.  The amendment will allow the Town to track that.  Vice Mayor Crane noted that not many STRs in Carefree pop up on the internet, but if you are living next to one it can be a problem.  He asked if landlords or renters would be fined.  Mrs. Bridge-Denzak replied that the property owners would be cited and fined.


Councilman Gene Orrico said he is on the HOA Board at Velvet Shadows, where they have had numerous complaints about STRs.  After running up legal bills of $40,000, the HOA dropped it.  Vice Mayor Crane noted that HOAs are in a stronger position to control STRs than is the Town, because CC&Rs can be more restrictive.  He suggested making changes to the CC&Rs to disallow STRs.  Mr. Orrico said they had tried to do that, but in order to amend CC&Rs a majority is required.  They didn't have enough people who cared, and were unable to get enough votes.  But it is a problem if you are living next to one.


Mayor Les Peterson noted that this is a first reading of the proposed text amendment.  The final reading will take place at the July Council meeting.  Public input will be accepted until that time.

https://vimeo.com/428320485


Lyn Hitchon


Prepared by Carefree Truth
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