AN ORDINANCE

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is the second reading of an ordinance to prohibit the use of residential properties for short-term or transient rentals, which are defined as rentals having a term of 25 consecutive calendar days or less.

Short-term rentals are becoming increasingly common with the proliferation of smartphone apps, online portals, and other rental-oriented services in the so-called “gig economy.” Until now, City Council has chosen not to regulate them, treating them no different than a traditional rental property, on the belief that existing laws can adequately address noise, littering, criminal violations, property maintenance issues, and any other problems that arise.

The city of Oakwood is beginning to receive complaints about residential properties being used for short-term rentals and the number of Oakwood homes and rooms listed on short-term rental websites continues to increase. City Council is mindful of the private property rights of each homeowner, but are also aware that an entire neighborhood can be disrupted when a home is used to host an ever-changing cast of short-term tenants.

One of City Council’s highest priorities is to preserve and maintain Oakwood’s character for the residents. This is why City Council has determined that the short-term rental of residential property is inconsistent with the permanence, established character, density, and tranquility of Oakwood’s residential neighborhoods and is potentially detrimental to property values. This ordinance will prohibit short-term rentals in the city with the goal of protecting and preserving these qualities of our residential neighborhoods. Key provisions include:

• The ordinance only prohibits rentals having a duration of 25 consecutive calendar days or less. Rentals exceeding 25 days, such as month-to-month or yearly leases, will still be permitted as they always have been.
• Generally, violations would be treated as an unclassified misdemeanor, meaning that they are subject to fines only and not a jail term. There is, however, an enhancement provision for repeat offenders that can convert the offense to a 4^th degree misdemeanor, which can result in up to 30 days in jail.
• To avoid causing any hardship by impacting current listings or contracts, the prohibition would not take effect until January 1, 2020.

Mayor Duncan then invited members of the audience who wish to address City Council.

Gary Leitzell, 114 Volkenand Avenue, shared that City Council is elected to represent citizens and to make fair decisions for the community. He asked that City Council postpone their vote on this ordinance to research and fully understand the impacts that these changes will have on the Oakwood community, especially since time is not of the essence. Government is about the health and safety of the citizens, not about eliminating property rights. He suggested that short-term rentals be regulated, versus eliminating these businesses altogether.

Mayor Duncan shared that City Council received feedback after the first reading of this ordinance in July regarding the prohibition effective date. To avoid impacts to current listings or contracts, City Council made the decision to extend the effective prohibition date to January 2020 versus November 2019.

Kate Burch, 8 Springhouse Road, shared that she has lived in Oakwood for 35 years. She has had a wonderful experience with operating an Airbnb above her garage. She believes that Airbnb’s have a positive impact on the community because visitors are encouraged to shop at local businesses and restaurants. Airbnb requires reviews (or ratings) from both hosts and guests to track experiences.

Geoffrey Owens, 20 Mahrt Avenue, shared that he has lived in Oakwood for 13 years and considers Oakwood his home. Residing on the north side of Dayton, near the University of Dayton, there have been many challenges. Recently, the house next door has been used as an Airbnb, and people have been coming and going. Unfortunately, some of the transient visitors have been a nuisance. While these short-term rentals may be convenient for the guests that are