Commissioners approve short-term rental ordinance

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  • Photo credit: Tierra Mallorca
    Photo credit: Tierra Mallorca
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On Tuesday, July 26, the Hart County Board of Commissioners voted to approve a short-term rental ordinance that will require property owners to follow certain county regulations when leasing their property.

The ordinance which will take effect on Friday, July 29, is meant to “minimize adverse effects” on surrounding residential neighborhoods with respect to short-term renters coming to Hart County.

“This ordinance may not be perfect, and we know it’s not, but this board has acted in true transparency, and we’ve discussed this; there are going to be some things six months from now that may need to change,” commissioner Joey Dorsey said. “We just want to get something in place for our citizens for protection, and I am willing to sit down and listen to discuss either side. We’re not going to be able to make everyone happy, but we’ve got to start somewhere.”

One of the concerns that some property owners expressed with the ordinance at Tuesday’s commissioner’s meeting is section 22-34, which regulates how property owners should “use reasonably prudent business practices to ensure short-term rentals are used that comply with all applicable laws.”

Property owners must ensure that short-term renters do not create noise or nuisance, disturbances, or engage in disorderly conduct.

The board sought to address property owners’ concerns by designating and defining a “responsible person’’ to oversee the property temporarily leased to them and the occupants that accompany them. The board defined a “responsible person” as someone “who is at least 21 years of age and who is legally responsible for ensuring that all occupants and/or guests of the short-term rental comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental.”

Property owners who fail to ensure their tenants comply with the new ordinance will be subjected to a series of penalties if they are found guilty.

•The first violation within a consecutive 12-month period will result in a fine up to $500 and a written warning notice to the property owner.

•The second violation within a consecutive 12-month period will result in a fine of up to $750 and a license suspension between 30 and 90 days.

•A third violation with a consecutive 12-month period will result in a fine of up to $1,000 and the revocation of a short-term rental license for one year.

Dr. Wade Walker, one of Hart County’s more well known residents, came forward to discuss one of his concerns with the ordinance and how it could affect him as a short-term property owner.

“I’ve had some comments and questions that I’ve considered, and one of them is defining what it means to be a responsible person,” Walker said. “We rent to somebody who lives in Texas. Would y’all give us direction or advice to determine whether they’re a responsible person? How do we go about to determine that? That would be one where it would be nice to have some clarification on that. What steps would we need to determine that the person we rent to is a responsible person?”

Board of commissioners chairman Marshall Sayer addressed Walker’s concern, stressing if there is a mistake made by a short-term property owner about a renter, then consequences could be negated based upon the degree in which the ordinance had been violated.

“My suggestion is that’s one reason in the ordinance, you know, you’re not going to make a mistake and [then] we’re going to pull your license,” Sayer said. “It’s a process. There’s a first step, a second step, and a third step of penalties and they get more severe as they go along. If you find out that person in Texas is probably irresponsible, you’re probably not going to rent to them. That’s what we’re working toward.

“We’re not going to pull your license the very first time, and the sheriff’s department also, I dare say...They’re not going to write you a ticket for the first violation.”

Sayer agreed with Dorsey that the ordinance is not perfect and that there will likely be more work done to change it later on if there are complaints about regulations being too strict but assured worried property owners that the ordinance is “lenient.”

“You’re not going to know who is all responsible in this world that we live in today. I mean you don’t even have to go into Texas; you can get irresponsible people right here in Hartwell,” Sayer said. “If you missed one and you can get it taken care of, you’ll know not to rent to them again. That’s what this is for, but there’s some people that have been renting, and they get this irresponsible person, and they rented to them this week, then rent to them the next week, and they rent to them again. They’ve got no skin in the game.

“There are people who let their neighbors suffer because [the neighbors] are the ones having to call the law. I think that you’re right; you’re not going to know who every irresponsible person in Hart County or Texas or anywhere else, but at the same token I think that this ordinance is really lenient to give you another chance.”

Dorsey told property owners that the board was “committed” to addressing problems with the ordinance at the beginning of 2023 after a six-month rollout.

“We’re just trying to get something in place so we can move forward and address some of the issues that have been brought to us,” Dorsey said. “I’ll make a commitment to sit down six months from now at the first of the year to see where this is going, and if there’s issues we’ll sit back down and look at it.”

In other news:

•The board approved of the Majestic Shores subdivision

•The board approved of the bid for recreational football, cheerleading, and photography

•The board approved to purchase two ambulances

•The board approved of new regulations on the county timecard policy

•The board did not approve an increase to the pay for the jail food contract

•The board approved to send Frankie Teasley as a voting delegate to the ACCG business policy meeting

•The board approved of a surplus vehicle for the Georgia State Patrol

•The board approved of two new personnel for the solid waste management

•The board approved of the variance request for Golden Hatchery Farms

•The board approved the amendment to article VII section 66