This is how you address a after hours citation
Citations are given when guests are not compliant with the ordinance. A citation can seriously hurt the owners property so we need to take the proper action quickly. When a guest is cited for breaking the rules, they receive a $500 citation from the city & the property gets a strike. The owner runs the risk of losing their permit for 2 years if they get 3 strikes.
- No music or amplified noise outside or past the property lines ever.
- No over occupancy only 1 car per bedroom & 2 guests per bedroom PLUS 2 children 12 and under
- No trash to the public view PSDS has walk up service.
- Quiet time is from 10pm-10am.
- Exceptions to Eviction
- Trash at curb, we do not evict for a citation for trash cans at curb when they are not supposed to be. If there is trash stored around the property, or in trash bags, we would evict.
- 1 car per bedroom citation. We only evict if they have 2 or more cars over the maximum. Not for just 1 car. Example: 4 bedroom home they can have 4 cars, they are cited for 5 cars, 1 over. Do not evict. Same example they are cited for 6 cars, we would evict.
Guest are informed of these ordinance via contact agreement, text, phone call within 24 hours of check in, house manual, picture frames & outdoor signs. If say they didn't know the rules, this is simply not possible and you would need to politely alert them we give plenty of notice of the rules.
Step 1- Call the compliance officer back right away within minutes. Get as much info as possible from them, let them know you will contact the guest right away. Document all the dates, times, people, locations and facts given by the code department.
Step 2 - Call Mike Flannery Immediately before calling the guest. You will probably have to evict the guest depending on why they were cited. Mike 760-861-3771 If you cannot reach Mike within 30 minutes and the citation was not for exceptions (trash at curb at wrong time/1 too many vehicles) you will start the eviction process below.
Step 3- Call guest or go to property if they do not pick up. Make sure to speak to the person on the rental agreement if at all possible. Explain that they violated the contract & ordinance and while we are very guest centric, we now need to protect the owners permit since another citation could leave the owner unable to rent for 2 years. Unless an exception item, let them know that due to our agreements with the property owner and the city, we are required to terminate their occupancy. Do not say evict, it is implied but not necessary to use as it can create and argument. If the citation was for an eviction exception, let them know that we are going to send over an agreement to delay eviction form which they will need to sign within an hour of receipt or we will need to terminate their occupancy immediately. Create a detailed work order with all this information & log your call into the comments.
Let Owner services, reservations & housekeeping know asap. Take any relevant pictures. Be polite, be kind, be humble. They may fight with you, or be aggressive, do not fight they are just upset the fun is ending. If someone threatens you, please leave to a safe place and call the police and Mike Flannery. Never jeopardize your safety, and never engage in arguments with guests no matter what they might say.
Step 4- When evicted, they have 2 hours to vacate the property, delete their point central code, make sure we are securing the property after their departure whether us or a vendor is handling it, it needs to be secured after departure as well as to make documentation in writing and photos, videos, in the work order for any damage or missing items.
If the guest is getting evicted, use this language to inform them.
Good evening __, this is __ with Acme House Company. We were informed by Code Compliance that you just received a citation for ___. Per your rental contract agreement we are required to terminate your reservation. Unfortunately we will have to ask you to vacate the property within 2 hours.
Step 5- If guests refuse to leave, as they have done in the past. Please let them know we will be forced to involve the police department by filing a trespassing claim where the could be arrested if they continue to refuse to leave. Let them know that short term rentals are a transient occupancy and are therefore treated like hotels in the eyes of the law, so there are not tenants rights. If that does not work, please call the police non emergency line, to report a vacation rental eviction needs to take place. The phone number is 760-323-8116, xt 1 for dispatch. If no one calls back for awhile you can try back xt 2 for patrol supervisor. Let them know the code office that wrote the citation, what the citation was for, and that the guests are refusing to leave, that we require them to leave and will press charges for trespassing if they fail to do so. Do not let the guests know the police are coming.
Step 6- Get a copy of the guest rental agreement, the police will need to have a copy to evict. The rental agreements are filed under active rental houses in the google share drive. Reservations and Ops has access to these agreements stored here. House folders with guest contracts.
Step 7- Meet the police at the property, give rental agreement to them. Tell them they refused to leave, that we need to evict, that we would press charges if they do not leave. Work with them to get the guests out. If they refuse or say they cannot help, hammer Mikes or other managers phones until someone picks up because they have to be evicted.