EXECUTIVE ORDER NO. 7
ORDER GOVERNING ALL SHORT TERM, VACATION, HOTEL, MOTEL,
TIME-SHARE, AND SIMILAR LODGING RENTALS
FOR 30 DAYS OR LESS IN THE CITY
EFFECTIVE IMMEDIATELY
Date of Executive Order: March 26, 2020
Pursuant to Chapter 2.20 of the La Quinta Municipal Code and City Council Resolution No. EM 2020-001, the City Manager for the City of La Quinta hereby ORDERS the following:
1. This order applies to all “short-term rentals” in the City of La Quinta, which are defined to include any and all of the following: (A) “Hotels,” “group hotels,” and “time-share occupancies,” as those terms are defined in Section 3.24.020 of the La Quinta Municipal Code; (B) “Short-term vacation rental units” as defined in Section 3.25.030 of the La Quinta Municipal Code; and (C) Any other lodging areas, structures, improvements, mobile or immobile units, rooms, or enclosed spaces located within the City of La Quinta available for occupancy or occupied by a “transient” or “tenant” as defined in Sections 3.24.020 and 3.25.030 of the La Quinta Municipal Code.
2. Notwithstanding any provisions in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code to the contrary, for as long as the Local Emergency relating to COVID-19 remains in place, all short-term rentals are hereby suspended, and shall not be available for use or occupancy, nor used or occupied by, any person until subsequent order from the City Manager.
OFFICE OF THE CITY MANAGER
TEL (760) 777-7100
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
3. The following short-term rentals are exempt from this order:
(A) Short-term rentals providing COVID-19 mitigation and containment measures, including:
(i) Temporary lodging to protect homeless persons;
(ii) Lodging for persons who have been displaced and cannot return to their residence because there exists any of the following:
(a) A person residing at the residence that must isolate or quarantine,
(b) A higher risk of severe illness at the residence, or
(c) There is no ability for a person(s) to return to his/her/their primary or other usual place of residence due to travel restrictions or other circumstance beyond the control of the displaced person(s);
(iii) Lodging is for persons who need to isolate or quarantine themselves.
(B) Short-term rentals providing lodging for essential critical infrastructure workers or essential service workers, as described by the California Department of Public Health or the Riverside County Public Health Office, and any of the following workers: fire, police, code enforcement, and other public safety workers; health care workers who provide services relating to the COVID-19 public health emergency; and state, county, regional government, and city workers or their contract workers who are necessary to continue the operations of state and local government.
(C) Persons in a short-term rental who have an existing contract to rent the short-term rental that extends beyond the effective date of this order; provided, however, that upon the end of the existing contracted-for rental period, the persons vacate the short-term rental and return to their primary or other usual place of residence (unless prevented from returning for a reason set forth in this order).
4. Notwithstanding any provisions in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code to the contrary, and to the maximum extent allowable under state
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
law, any person who violates this order shall be subject to a fine of $5,000 per violation and an immediate suspension of any and all City permits that authorize the use of the short-term rental for one (1) year from the date of suspension.
5. Any and all advertising for a short-term rental shall not be inconsistet with this order for as long as this order remains in effect. This requirement shall be in addition to any other requirements for advertising a short-term rental set forth in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code.
6. This order is issued to best protect the public health and welfare and follows the most recent orders and directives from the California Department of Public Health as implemented by Riverside County Public Health Office. Any subsequent order from the City Manager to remove the suspension on, and allow full use and occupancy of, short-term rentals subject to this order shall be based on further direction, if and when issued, from the California Department of Public Health or the Riverside County Public Health Officer, including any further direction on the Internet Web site for the California Department of Public Health, at: https://covid19.ca.gov/stay-home-except-for-essential-needs/ and Riverside County Public Health Office at: https://www.rivcoph.org/coronavirus, or successor Web sites established by the state department or county public health office.
7. The Assistant to the City Manager is hereby directed to coordinate, deploy, and monitor the suspension of the use and occupancy of short-term rentals, subject to this order, with notices to the public and any other reasonable means necessary or appropriate.
8. This order shall remain in effect until terminated or amended by subsequent order from the City Manager.
This Executive Order is issued because a Local Emergency, as defined in Section 2.20.020 of the La Quinta Municipal Code, has been proclaimed by the City Council of the City of La Quinta to exist due to the threat of the existence and spread of novel coronavirus disease 2019 (COVID-19) in and
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
throughout the city. All of the findings set forth in the recitals to Resolution No. EM 2020-001 adopted by the City Council are hereby incorporated by reference into this Executive Order.
This Executive Order is issued, pursuant to Sections 3, 5, and 8 of Resolution No. EM 2020-001 and Section 2.20.100, Subsections (A) and (B), of the La Quinta Municipal Code, under which the City Manager has the authority and power to issue executive orders for any matters related to the Local Emergency.
This Executive Order is issued in furtherance of the authority and power to address the Local Emergency as provided in the California Emergency Services Act, Chapter 7 (commencing with Section 8550) of Title 2 of the Government Code, and implemented by Chapter 2.20 of the La Quinta Municipal Code. Any violation of this Executive Order may be determined to be a misdemeanor and punishable by a fine or imprisonment, or both, pursuant to Section 8665 of the Government Code, Section 2.20.140 of the La Quinta Municipal Code, the provisions in this order, and any other state or city law as may be applicable.
EXECUTED BY:
_______________________________
Jon McMillen, City Manager
City of La Quinta, California
