If approved, the new short-term rental policy would mean significant restrictions for rental hosts and their guests in Heber.
Most noteworthy are proposed limits on how many people and cars would be allowed at short-term rentals. The policy would cap the number of guests at 16, whether they’re sleeping at the home or visiting. And it would set a limit of three vehicles, either in the driveway or on the street.
The draft also includes what would amount to a curfew after 9 p.m. on weeknights and 10 p.m. on weekends. Guests would not be allowed to drink, smoke or vape anywhere their neighbors could see. They could not play music or make “excessive noise” that could be heard outside the rental home. They wouldn’t be allowed to use outdoor hot tubs or pools at night. And groups of more than three people on patios or in backyards would be prohibited.
There would also be harsher penalties for property owners whose guests don’t abide by the rules. The first violation is an infraction. Any subsequent violations would be punishable with misdemeanor charges and fines.
The proposal comes after some councilmembers argued Heber’s rental properties need clearer rules and more stringent enforcement. They’ve received complaints from neighbors about parties, and Councilmember Scott Phillips has said he’s worried short-term rentals hurt the supply of affordable housing.
At the city council meeting Tuesday, Oct. 1, numerous property managers said the proposed changes go too far.
Jeff Harris, who manages rental properties in downtown Heber, said the consequences for poorly behaved guests are unnecessarily punitive.
“It’s terrifying to me that a second violation results in a criminal charge and potentially suspending my business, when the bar of submitting a complaint that could result in a violation is someone saying that it’s ‘too loud,’” he said. “What other business in town is held to that same kind of standard?”
He said guest ratings help regulate rental quality without the city needing to get involved.
Another rental property owner, Dan Mauer, agreed. He said it would make more sense for the city to tell neighbors to complain directly to rental companies.
“Airbnb has zero tolerance for party homes. There’s no ‘three strikes, you’re out,’ there’s no nothing,” he said. “Same with VRBO. And so, you would be more effective in giving out the name and phone number of the people who monitor that at those platforms than you would with any rule or regulation or penalty, because nightly rentals completely and wholly depend on that star rating.”
But some locals, like Cindy Delano, said rules about rentals are needed. She said she’d like to see the city council approve the proposed changes.
“These codes will preserve the integrity of family neighborhoods and prevent neighborhoods from becoming party house neighborhoods on Airbnb,” she said.
Members of the city council said they feel conflicted about the policy changes the city attorney suggested.
Councilmember Yvonne Barney said the occupancy limit doesn’t necessarily make sense for the community.
“There are families that have eight kids, and then you include grandkids on that, and great-grandkids on that, and they’re coming in for a family reunion – that’s a big group,” she said. “I don’t want to regulate those families.”
At the same time, she said she takes neighbors’ concerns seriously.
And Councilmember Mike Johnston said he thinks the council should spend more time discussing the policy to take everyone’s feedback into account.
“I’m willing to keep this ordinance and massage it and make it good and enforceable,” he said. “But I’m also willing to listen to other people that may want to bring family reunions to the Heber Valley. But they belong in a certain place – in a certain neighborhood, a certain area – because they’re more commercial.”
Any changes to the short-term rental policy would first be temporary, put in place for a test period of 180 days. Permanent changes would go through a longer approval process.
The city council plans to discuss the rental policy again at its meeting Oct. 15.
