Lewes council set to vote on rentals

The rental industry in Lewes could be shaped at mayor and city council’s Monday, Oct. 10 meeting.

A public hearing was held Oct. 3 on a proposed ordinance to amend the city code to add a new section. Chapter 150 deals with rental licensing, and establishes programs and standards for short- and-long term rentals. The product of months of work done by Councilwoman Carolyn Jones’ ad hoc committee, officials believe they have created something that addresses concerns from people engaged in and opposed to rentals. Jones said the goal is to add to regulations, but not take anything away from anyone.

“We went through it area by area and, to the extent possible, tried to touch on every aspect of short-term rental that we could, as well as long-term rental,” Jones said.

The committee comprised people from a variety of backgrounds, including a short-term rental owner. Officials say more than 50 emails were sent to the committee, in addition to active participation from residents during meetings. The public hearing gave residents a final chance to openly discuss the regulations before mayor and city council vote on the ordinance. In addition to the proposed Chapter 150, officials also discussed zoning code, and permitted uses and structures for rentals in each zone. 

Kevin McGuiness, speaking on behalf of the Lewes Beach Civic Association, engaged at length with Jones, City Solicitor Glenn Mandalas and other officials during what was supposed to be only eight minutes of floor time. McGuiness’ conversations appeared to be productive, as members of mayor and city council thanked him for pointing out areas of concern as he methodically reviewed the draft line by line.

McGuiness raised a concern over the use of the word “may” rather than “shall.” McGuiness, an attorney, said the legal definitions of the two terms vary and “may” implies there could be a denial even if the applicant does all that is required. The “may” standard, McGuiness said, also complicates the denial process because, as it stands, the city does not have to provide a reason for denial. Officials made the changes from “may” to “shall” Oct. 5.

Another concern McGuiness had is something Building Inspector John Robitaille previously addressed during an earlier meeting – violation enforcement and the schedules attached to each. Previously, Robitaille said violations would be under separate tracts and the building department was working on establishing categories for each violation. A person would have to have the same exact type of violation before punishment escalates tiers. An Oct. 5 addition to the draft establishes that six notices of violation across all categories or three violations in the same category would result in revocation of a rental license. McGuiness’ concerns centered around the revocation of a license and how much income a renter would lose if that were to happen.

Throughout the summer, residents often cited their worries about what short-term rentals were doing to the quality of life in Lewes. Some wanted to eliminate short-term rentals. To ease concerns, the ordinance includes a requirement for a local contact person who must be available to respond within two hours, at any time, to complaints. McGuiness and Lewes resident Barbara Curtis believed that was a steep requirement.

City Manager Ann Marie Townshend said if city hall is called during normal business hours or Lewes Police Department after hours, the local person would be contacted. The responsibility to remedy the situation falls on the local contact person, but Townshend said police officers or city staff will be available to assist in addressing unruly situations. Jones said the reason for the 24/7/365 availability requirement came from someone who rents their property, because they want to be aware of what is happening at their property. 

McGuiness and Realtor Lee Ann Wilkinson each discussed instances of ambiguous violations. Wilkinson claims she has examples of a resident submitting false complaints simply because they do not like short-term rentals, while McGuiness cited the example of a barking dog. Townshend said she feels the police department does an excellent job of filtering invalid complaints and verification will occur. Should a renter face revocation of their license following multiple violations, they may appeal the decision to the board of adjustment within 20 days for a $1,250 fee.  A stay will be placed on the revocation until the board reaches a decision. As written, license holders will not be able to appeal violations prior to revocation.

Public comment is open until noon, Friday, Oct. 7. Mayor and city council meet at 6:30 p.m., Monday, Oct. 10. In addition to the rental ordinance, officials will also vote on where rentals will be permitted.