Silverthorne Passes Short-Term Rental Ordinance with Responsible Agent Requisite
As with other local towns and the Summit County government itself, the Town of Silverthorne has been swiftly working toward adoption of its own short-term rental ordinance. On October 24, 2018, the Town Council conducted its second reading and thereafter passed the ordinance into law. With that passage, Silverthorne joined Breckenridge as the second governmental entity in Summit County to finalize and enact new regulations, which regulate short-term rentals. Dillon, Frisco and Summit County all continue to work toward the adoption of similar regulations.
Short-Term Rental License and Application
At least 30 days before advertising or leasing a Silverthorne short-term rental property, the owner is now required to file a short-term rental application, obtain a license and pay an annual fee. If the property is within a duplex, the application must include a copy of written notice that was provided to the owner of the adjacent unit. In a slight departure from what other local governmental authorities are currently considering, Silverthorne will require short-term rental owners to submit a sworn affidavit certifying that their property complies with health and safety standards listed in the ordinance. A complete list of all such health and safety items can be found in Section 1-13-8 of the Silverthorne ordinance, but they include certifying that:
- smoke detectors, carbon monoxide detectors and fire extinguishers are installed and operable;
- roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches and all other structural components will be capable of handling all loads to which they may be normally subjected; and
- electrical panels are clearly labeled.
Silverthorne’s short-term rental annual fee schedule is as follows:
| Unit Size | Annual Fee |
|---|---|
| Studio | $100.00 |
| 1 Bedroom | $150.00 |
| 2 Bedroom | $200.00 |
| 3 Bedroom | $250.00 |
| 4 Bedroom (or more) | $300.00 |
Silverthorne Responsible Agent
In order to obtain a Silverthorne short-term rental license, the Town now requires each owner to name a Responsible Agent. While it’s possible for the owner to name themselves, the ordinance contains some of the strictest requirements that have yet been adopted locally. In that regard, the Silverthorne short-term rental ordinance defines a Responsible Agent as someone who is available 24 hours per day and 7 days per week to immediately respond to any issues arising from a short-term rental property. The Town is setting up a call center for receiving complaints regarding short-term rental properties. When a complaint comes in, it shall be directed immediately to the Responsible Agent. The ordinance states that the Responsible Agent shall resolve the complaint issue within 60 minutes, or within 30 minutes if the problem occurs between 11:00 p.m. to 7:00 a.m. The ordinance also provides that the responsibilities of the Responsible Agent may include visiting the site, if necessary. As a result, the ordinance requires that the Responsible Agent “respond to and attempt to address in good faith the issue that was the subject of the complaint….” If, despite good faith efforts, the problem that was the subject of the complaint cannot be eliminated, the Responsible Agent must immediately contact Police Dispatch, and follow any direction(s) given to the agent by the dispatcher. If an initial complaint is not resolved, a formal complaint may be filed with the Silverthorne Finance Director. Possible penalties for a violation include fines and suspension or revocation of a short-term rental license.
Occupancy
Unlike Breckenridge, (and possibly Dillon and Frisco when their regulations are eventually enacted), the Town of Silverthorne decided to impose an occupancy restriction on short-term rentals. Occupancy of a Silverthorne short term rental shall not be more than two persons per bedroom plus two total additional persons. Because the number of bedrooms will be defined according to data from the Summit County Assessor’s Office, it does not appear that Silverthorne will allow for a loft to be separately counted for purposes of additional occupancy.
Effective Date
While Breckenridge provided for a future start date for compliance with its ordinance, the Silverthorne ordinance technically has a start date of October 24, 2018 – the date when the Town Council enacted it. However, Town Council members spoke of short-term rental applications coming in throughout the fall before enforcement actually begins. Summit Local Agent currently believes the call center will not be up and running until January 1, 2019, and we are currently planning for that start date. However, we will also follow up with Town staff to determine their intentions in this regard, and we will adjust our Responsible Agent services accordingly.
With the new Silverthorne short term rental ordinance already enacted, Summit Local Agent aims to help you comply in the most cost-effective way possible, by serving as your Silverthorne Responsible Agent.
