AG’s Office Rules on PV STR Rules |
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By Councilmember Julie Pace
On March 30, 2022, Attorney General Mark Brnovich issued its Investigative Report No. 22-001 regarding whether the Town of Paradise Valley ordinance regulating short-term rentals violates state law.
The good news is that Attorney General concluded that most of the short-term regulations contained in the Paradise Valley town ordinance are within the Town’s statutory authority, but that a few of them are contrary to state law.
Our Town Council will be meeting this afternoon to address the decision and take appropriate action regarding any amendments.
The report concluded that it is permissible for PV to prohibit short-term rentals from housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, nude or topless dancing or other adult-oriented businesses.
The report concluded that PV could regulate non-residential uses. It did find that the ordinance violates state law as to its regulation of “social gatherings” because the ordinance did not define it to the extent such gatherings are residential and nature.
The AG’s Office further determined that it is permissible for PV to require the owner of an STR to provide the town with contact information for an individual who is responsible for timely responding to complaints.
And, PV may require evidence of registration with the Maricopa County Assessors Office and evidence of a valid transaction privilege tax license. However, the remaining registration requirements and the booking information disclosure requirements are not permitted.
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The AG‘s office determined that PV‘s liability insurance and landline requirements are permissible. However, PV may not require the owner of an STR to meet in person prior to the beginning of any occupancy to verbally explain and describe all rules and regulations applicable to the property.
The AG’s office also determined that most of the penalty provisions of the ordinance are permissible. It did state that to the extent a fine could be imposed against an “online lodging marketplace” that violates Arizona law.
I am very glad that the AG’s office evaluated this issue and concluded that most of these regulations were valid. I believed that we should be enacting stronger rules and regulations from the beginning of the STR invasion and I’m very glad that we finally did do so as a Council this past year and that we were able to get this decision.
It was my and Councilmember Ellen Andeen’s position that we cannot put all of our eggs in one basket to focus only on the legislature to solve the STR abuses and that we needed to use the tools available to us, which are adopting rules and regulations to help minimize and eliminate abuses by short term rentals in party houses.
I am glad that our council came together this year to adopt rules and regulations to address STR abuses. It is what the governor’s office kept directing our Town to do and kept saying that we had the tools to adopt these regulations and should do so. Thanks to everyone for their support In addressing STR abuses. Now we move on to timeshare and fractional ownership abuses.
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SIGNATURES NEEDED ON PETITIONS --ACT NOW FOR PV MAYOR AND COUNCIL CANDIDATES |
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Support Those Who Fight for Quality of Life in Our Town |
If you are a PV Town resident, please take a moment today to sign online for the following individuals who all three strongly support our mountains, quality of life, and preserving PV and get them on the ballot. If you haven't already, please click below to go to the electronic E-Qual secured voter website and sign online. The deadline to sign is April 3rd.
How Do I Sign the Petition Online?
Put your name, DOB, driver's license and follow instructions to sign electronically. Make sure to confirm it TWICE for your signature to be valid.
You will see a confirmation when your signature is accepted. The system matches you with the voter rolls at Maricopa County so that is why it verifies and requires your information.
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If you prefer one of us to come to your home to get signatures, we would be happy to do so. Just email me at paceforpv@gmail.com to schedule a time. |
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Timeshares in Paradise Valley |
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By Councilmember Julie Pace
Development pressures to change our Town and its neighborhoods continue. This issue involves more than STRS and party houses.
Town Code section 1026 prohibits timeshare projects. A new company called Pacaso is trying to establish timeshare/fractional ownership properties in Paradise Valley. Pacaso contends that fractional ownership is not a timeshare and, therefore, argues that our Town Code does not apply to its business model.
California has gone through this analysis and concluded that fractional ownership and timeshares are generally the same. The Town's Planning Commission in 2005 concurred with this analysis.
One Town resident, Kathleen Clifford, has been fighting a timeshare in her neighborhood since 2020. Her central question is does Paradise Valley want to allow timeshares and fractional ownerships?
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Kathleen contacted me about the problem. In November 2020, I worked to get the topic on the Town Council meeting to discuss options. Kathleen prepared the package of evidence of the timeshare/fractional ownership and then the Town sent it off to the Department of Real Estate. This particular matter is still not resolved and it appears more timeshares are trying to head to our Town.
Tip: To prevent future timeshares in Paradise Valley, Kathleen suggests watching for listings that advertise fractional ownership and to then write the realtor to ask that they remove the listing by explaining that Town code prohibits timeshares. By using this approach, she has been successful in preventing timeshares and fractional ownership properties from moving forward.
I have asked for a follow-up meeting with the entire Council to address the tightening up of code language further and to discuss how we address the increasing fractional ownership and timeshare properties.
SURVEY QUESTION:
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Do you support allowing timeshares or fractional ownership properties in Paradise Valley?
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By Councilmember Julie Pace
I knew his well-respected father, Mesa Police chief Len Kotsur, who was an amazing leader demonstrating Integrity, caring, volunteerism and was committed to mentoring others. I was proud that he wrote my letter of recommendation to law school more than 30 years ago.
It was a tragedy when the energetic and active Chief Kotsur was hit by a drunk driver and paralyzed. He was no longer able to communicate in sign language with his son Troy, who was deaf. It is hard to understand or accept these adversities.
Chief Kotsur was watching with great pride tonight at the talent of Troy and his recognition with an Oscar in the acting community, as well as pride in the public service of Troy’s two brothers, Kevin and Brian, who serve as first responders for decades.
The Kotsur family has made a difference in so many lives. And kudos to opportunities for success provided to Troy by Mesa youth theater, Westwood High School, and so many teachers, mentors and organizations. There is so much good in the world. Be inspired!
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Town of Paradise Valley Updates |
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Labelle: Just say no to Pacaso
By Christine Labelle | Guest Commentary in PV Independent
Another threat to the quiet enjoyment of our neighborhoods is upon us, and once again it originates in Silicon Valley. Its name is Pacaso.
Its founders were the “geniuses” behind Zillow, which last year managed to lose a whopping $528 million dollars in an unprecedented year of gains in housing. Brilliant. Salt Lake City Magazine calls Pacaso a “bloated tech-based parasite profiting off the community.”
This timeshare start-up (calling themselves fractional ownership) purports to not be a timeshare because it sells “ownership deeds” instead of time. However, if it looks like a duck, and acts like a duck, guess what? Quack.
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Smoke alarms: Toss at 10 years
Smoke alarms should be replaced every 10 years whether battery-powered or hardwired. The older the alarm, the longer it takes to recognize a fire and alert you. A fire can double in size every two minutes. In three of every 10 reported fires in homes equipped with smoke alarms, the devices did not work.
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Julie Pace with Icelandic ponies. They are very skittish, but I was patient and worked to get their trust so I could get close to them in large open fields. I was lucky to take this photo and connect. I love photography.
Plan your travels and enjoy life!
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Paradise Valley Town Councilmember Julie Pace proactively engages to preserve the mountains and open space and focuses on substance, action, and doing good work for the best interests of the Town, while building a sense of community. |
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Julie Pace for Paradise Valley Mayor | 5501 E Solano Drive
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Paid for by Julie Pace for Paradise Valley Mayor.
Authorized by Julie Pace.
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