Rental Licenses

Boulder Revised Code tit. 10, ch. 3

in effect

Boulder Revised Code 1981 § 10-3-1 Legislative Intent.

10-3-1. - Legislative Intent. This chapter provides for comprehensive enforcement of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, and other requirements under the Boulder Revised Code, by establishing a system of rental licenses for all dwelling and rooming accommodations in the city that are rented to tenants. Ordinance Nos. 5798 (1996); 7724 (2010); 7725 (2010); 8283 (2018)

Boulder Revised Code 1981 § 10-3-2 Rental License Required Before Occupancy and License Exemptions.

10-3-2. - Rental License Required Before Occupancy and License Exemptions. (a) No operator shall allow, or offer to allow through advertisement or otherwise, any person to occupy any dwelling, dwelling unit or rooming unit as a tenant or lessee or otherwise for a valuable consideration unless each room or group of rooms constituting the rental property has been issued a valid rental license by the city manager, provided however, an operator may advertise for a rental of thirty days or longer, if the operator has submitted a complete rental licensing application or is advertising for pre-leasing of new construction. Any advertisement shall include the rental licensing number once assigned by the city manager. (b) Buildings, or building areas, described in one or more of the following paragraphs are exempted from the requirement to obtain a rental license from the city manager, provided, however that the exemptions in subsections (b)(1) and (b)(2) below shall not apply to short-term rentals. No operator shall allow any person to occupy any dwelling, dwelling unit or rooming unit exempted pursuant to subsections (b)(1) and (b)(2) below prior to submitting to the city manager an Affidavit of Exemption for the dwelling, dwelling unit or rooming unit. No person shall be issued any civil penalty or summons for failure to submit an Affidavit of Exemption, unless the person has previously been advised in writing of this requirement. (1) Any dwelling unit occupied by the owner or members of the owner's family who are at least 21 years of age and housing roomers who are unrelated to the owner or the owner's family. An owner includes an occupant who certifies that the occupant owns an interest in a corporation, firm, partnership, association, organization or any other group acting as a unit that owns the rental property. (2) A dwelling unit meeting all of the following conditions: (A) The dwelling unit constitutes the owner's principal residence; (B) The dwelling unit is temporarily rented by the owner for one period of time no greater than twelve consecutive months in any twenty-four-month period; (C) The dwelling unit was occupied by the owner immediately before its rental; (D) The owner of the dwelling unit is temporarily living outside of Boulder County; and (E) The owner intends to re-occupy the dwelling unit upon termination of the temporary rental period identified in subparagraph (b)(2)(B) of this section. (3) Commercial hotel and motel occupancies which offer lodging accommodations primarily for periods of time less than thirty days, but bed and breakfast facilities are not excluded from rental license requirements. (4) Common areas and elements of buildings containing attached, but individually owned, dwelling units. Ordinance Nos. 5798 (1996); 7416 (2005); 7725 (2010); 7772 (2010); 8050 (2015); 8072 (2015); 8135 (2016); 8154 (2016); 8234 (2018); 8651 (2025)

Boulder Revised Code 1981 § 10-3-3 Terms of Licenses.

10-3-3. - Terms of Licenses. (a) License terms shall be as follows: Licenses, other than reduced term licenses issued under Section 10-3-4, "Reduced Term License," B.R.C. 1981, or temporary licenses issued under Section 10-3-9, "Temporary License Appeals," B.R.C. 1981, shall expire four years from issuance or when ownership of the licensed property is transferred. (b) In addition to any other applicable requirements, new licenses and renewals shall require that the licensee submit to the city manager a complete application packet for the license, on forms provided by the manager. The application shall satisfy the following requirements: (1) A current rental inspection report (for a new license except as set forth in Section 10-3-5, "License Procedure for Newly Constructed Rental Property," B.R.C. 1981,) certifying compliance with those portions of Chapter 10-2, "Property Maintenance Code," and Section 9-9-16, "Lighting, Outdoor," B.R.C. 1981, for which the report form requires inspection and certification; and (2) The operator shall certify on the application forms provided by the manager that the operator has a current valid contract with a commercial trash hauler for removal of accumulated trash from the licensed property in accordance with Subsection 6-3-3(b), B.R.C. 1981; and (3) The property has no outstanding violations pursuant to Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," B.R.C. 1981. (c) The city manager shall issue separate licenses for individual buildings. Such licenses shall cover all dwelling units and rooming units within such buildings. In a building containing attached but individually owned dwelling units, or any other dwelling units which may be separately conveyed, the city manager shall issue separate licenses for each dwelling unit. A structure, or group of structures, shall be considered to be a single building if it has been assigned a single street address by the City. If a complex of buildings on one property is under common ownership, and this owner is willing to have a common expiration date for the licenses for all dwelling and rooming units, the city manager may consider the whole complex to be the equivalent of a single building for the purposes of licensing and the fee schedule in Section 4-20-18, "Rental License Fee," B.R.C. 1981. (d) Whenever an existing license is renewed, the renewal license shall be effective from the date of expiration of the last license if the applicant submits a complete renewal application by or within ninety days from the expiration date. (e) Issuance of any license (new or renewed) requires meeting the energy efficiency requirements of Chapter 10-2, "Property Maintenance Code, Appendix C - Energy Efficiency Requirements," B.R.C. 1981. Ordinance Nos. 5798 (1996); 5952 (1997); 7023 (1999); 7189 (2002); 7725 (2010); 7726 (2010); 7772 (2010); 8283 (2018); 8371 (2019); 8366 (2020); 8637 (2024)

Boulder Revised Code 1981 § 10-3-4 Reduced Term License.

10-3-4. - Reduced Term License. (a) The city manager shall issue a reduced term license whenever the city manager determines that: (1) Violations of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, revealed during an inspection, individually or in combination, demonstrate a failure to maintain the rental property in a safe, sanitary and clean condition so that the dwelling endangers the health and safety of the occupants; (2) There is or has been a violation of a limitation on numbers of occupants or numbers of dwelling units found in Title 9, "Land Use Code," B.R.C. 1981, which demonstrates a failure to maintain the rental property in compliance with that title; (3) Violations of Section 9-9-16, "Lighting Outdoor," B.R.C. 1981, of a building or complex of buildings on the same property with multiple dwelling units that are all held under common ownership, revealed during an inspection or otherwise, demonstrate a failure to maintain the rental property in compliance with Title 9, "Land Use Code," B.R.C. 1981; or (4) There is an outstanding violation of Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," B.R.C. 1981, within the past two years. (b) The terms of a reduced term license shall be as follows: (1) For violations of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, the license term shall be reduced to twenty-four months. (2) For violations of Title 9, "Land Use Code," and Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," B.R.C. 1981, the license term shall be reduced to twelve months. A reduced term license issued to allow the operator to bring the rental property into compliance with Section 9-9-16, "Lighting Outdoor," B.R.C. 1981, may only be issued one time. (c) The city manager may issue a reduced term short-term rental license if the operator has received a penalty, suspension or other order pursuant to Section 10-3-16(a), "Administrative Remedy," B.R.C. 1981. (d) If an operator disagrees with the decision of the city manager to issue a reduced term license under subsection (a) of this section, such person may appeal the city manager's decision within thirty days after the issuance of the reduced term license, as follows: (1) For reduced term licenses issued as a result of violations of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, the appeal shall be made as provided in Section 10-2-2, Section 111, "Means of Appeal," B.R.C. 1981. (2) For reduced term licenses issued as a result of violations of Title 9, "Land Use Code," or Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," B.R.C. 1981, the appeal shall be made to the board of zoning adjustment, although the fee amount shall be as specified for an appeal to the board of building appeals. Ordinance Nos. 5798 (1996); 7724 (2010); 7725 (2010); 7726 (2010); 8234 (2018); 8290 (2018); 8371 (2019); 8637 (2024)

Boulder Revised Code 1981 § 10-3-5 License Procedure for Newly Constructed Rental Property.

10-3-5. - License Procedure for Newly Constructed Rental Property. Baseline inspections are not required before issuance of the first rental license for newly constructed rental property if a license application is submitted by or within one year after the date of issuance of the first certificate of occupancy or temporary certificate of occupancy. Ordinance Nos. 5798 (1996); 7023 (1999); 7724 (2010); 7725 (2010)

Boulder Revised Code 1981 § 10-3-6 License Application Procedure for Buildings Converted to Rental Property.

10-3-6. - License Application Procedure for Buildings Converted to Rental Property. Every operator converting a property to rental property shall follow the procedures in this section for procuring a rental license: (a) Submit to the city manager a complete application packet, on forms provided by the manager, at least thirty days before rental of the property including: (1) A rental housing inspector's certification of rental inspection dated within twelve months before the application. The operator shall make a copy of the inspection form available to city staff and tenants of inspected units within fourteen days of a request; (2) The rental housing inspector shall certify in the rental inspection report the condition and location of all smoke and carbon monoxide alarms required by Chapter 10-2, "Property Maintenance Code," B.R.C. 1981; (3) A trash removal plan meeting the requirements of Subsection 6-3-3(b), B.R.C. 1981, made and verified by the operator; and (4) If the unit is an affordable accessory dwelling unit as defined in Section 9-16-1, "General Definitions," B.R.C. 1981, a sworn certification that the unit will meet the rental affordability standard as defined in Section 9-16-1, "General Definitions," B.R.C. 1981. (b) Pay all license fees prescribed by Section 4-20-18, "Rental License Fee," B.R.C. 1981. The city manager shall not issue any rental license if the operator owes any fees or penalties, unless the penalties are subject to a pending appeal. (c) Take all reasonable steps to notify any occupants of the property in advance of the date and time of the inspection. The operator shall be present and accompany the inspector throughout the inspection, unlocking and opening doors as required. Ordinance Nos. 5798 (1996); 7023 (1999); 7724 (2010); 7725 (2010); 7772 (2010); 8234 (2018); 8283 (2018); 8256 (2018); 8366 (2020); 8571 (2023)

Boulder Revised Code 1981 § 10-3-7 License Renewal Procedure for Buildings Occupied as Rental Property.

10-3-7. - License Renewal Procedure for Buildings Occupied as Rental Property. Every operator of a rental property shall follow the procedures in this section when renewing an unexpired license: (a) Submit to the city manager a complete application packet, on forms provided by the manager including: (1) A rental housing inspector's certification of rental inspection dated within twelve months before the application. The operator shall make a copy of the inspection form available to city staff and tenants of inspected units within fourteen days of a request; (2) The rental housing inspector shall certify in the rental inspection report the condition and location of all smoke and carbon monoxide alarms required by Chapter 10-2, "Property Maintenance Code," B.R.C. 1981; (3) A trash removal plan meeting the requirements of Subsection 6-3-3(b), B.R.C. 1981, made and verified by the operator; and (4) If the unit is an affordable accessory dwelling unit as defined in Section 9-16-1, "General Definitions," B.R.C. 1981, a sworn certification that the unit will meet the rental affordability standard as defined in Section 9-16-1, "General Definitions," B.R.C. 1981. (b) Pay all license fees prescribed by Section 4-20-18, "Rental License Fee," B.R.C. 1981, before the expiration of the existing license. The city manager shall not issue any rental license if the operator owes any fees or penalties, unless the penalties are subject to a pending appeal. (c) Take all reasonable steps to notify in advance all tenants of the property of the date and time of the inspection. The operator shall be present and accompany the inspector throughout the inspection, unlocking and opening doors as required. Ordinance Nos. 5798 (1996); 7023 (1999); 7724 (2010); 7725 (2010); 7772 (2010); 8234 (2018); 8283 (2018); 8256 (2018); 8366 (2020); 8571 (2023)

Boulder Revised Code 1981 § 10-3-8 Temporary License.

10-3-8. - Temporary License. If the inspection shows that there are violations of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, in the building, and the operator cannot correct the deficiencies before the housing is to be occupied (in the case of new rental property) or the existing license expires (in the case of a renewal), the operator may apply, on forms specified by the city manager, for a temporary license. If the manager finds, based on the number and severity of violations, that such a temporary license would not create or continue an imminent health or safety hazard to the public or the occupants, the manager may issue a temporary license. The manager shall specify the duration of the temporary license, for a period reasonably necessary to make the needed repairs and changes. Upon receipt of an additional certificate of inspection showing correction of the deficiencies, and an additional housing license fee, the manager shall issue the housing license. Ordinance Nos. 5798 (1996); 7023 (1999); 7725 (2010)

Boulder Revised Code 1981 § 10-3-9 Temporary License Appeals.

10-3-9. - Temporary License Appeals. Any operator denied a temporary license, or aggrieved by the period of time allowed for correction, may appeal the denial or the time for correction, or both, as provided in Section 10-2-2, Section 111 "Means of Appeal," B.R.C. 1981. As to an appeal of the time reasonably required to correct a violation, the board shall either affirm the city manager's originally prescribed time or grant a longer time to correct the alleged violation. Ordinance Nos. 5798 (1996); 7023 (1999); 7724 (2010); 7725 (2010)

Boulder Revised Code 1981 § 10-3-10 Time of License Expiration.

10-3-10. - Time of License Expiration. Every rental license expires upon the earliest of the following dates: (a) The expiration date on the license unless temporary authority to rent is allowed under Section 10-3-8, "Temporary License," B.R.C. 1981, of this chapter; (b) Thirty days after the date upon which transfer of ownership of the rental property occurs. However, for purposes of this section and Section 10-3-11, "Change of Rental Property Owner or Agent," B.R.C. 1981, shall not include situations in which a rental property is transferred from ownership by one or more individuals into a limited liability company form of ownership, if all of the following conditions exist: (1) At least one transferring owner is a member of the limited liability company; (2) No exchange of consideration takes place as a condition of the transfer; and (3) The transferring owners certify on forms approved by the city manager that there will be no significant change in the persons who manage the rental property or, in the alternative, in the persons who are responsible for managing the rental property; (c) The effective date of any order or notice to vacate the rental property issued under any provision of law; (d) The expiration of the temporary certificate of occupancy for the rental property if a permanent certificate of occupancy has not been issued; or (e) The revocation of the certificate of occupancy for the rental property. Ordinance Nos. 5798 (1996); 7023 (1999); 7636 (2008); 7725 (2010)

Boulder Revised Code 1981 § 10-3-11 Change of Rental Property Ownership or Agent.

10-3-11. - Change of Rental Property Ownership or Agent. (a) Within thirty days after transfer of ownership or change of local agent of a licensed property, the operator shall notify the city manager of the identity and mailing address of the new owner or new local agent. (b) Within sixty days after transfer of ownership of a property for which there is a current and valid license, the new operator of the property shall apply for a new license under Section 10-3-6, "License Application Procedure for Buildings Converted to Rental Property," B.R.C. 1981. (c) Issuance of any licenses requires meeting the energy efficiency requirements of Chapter 10-2, "Property Maintenance Code," Appendix C, "Energy Efficiency Requirements," B.R.C. 1981. Ordinance Nos. 5798 (1996); 7189 (2002); 7636 (2008); 7724 (2010); 7725 (2010); 7726 (2010); 7772 (2010); 8371 (2019)

Boulder Revised Code 1981 § 10-3-12 License Fees.

10-3-12. - License Fees. (a) Applicants for any rental housing license, and operators renewing an existing rental housing license, shall pay the license fees prescribed by Section 4-20-18, "Rental License Fee," B.R.C. 1981, prior to issuance of any license application. (b) If an operator of rental property legally changes the use of a structure by adding units for which such operator receives a license under this chapter separate from the license for the remainder of the rental property, the operator shall apply for a single rental license to cover the entire property no later than thirty days before the expiration date of the license that first expires. There shall be no additional fee assessed for the dwelling units or rooming units that were added to the structure at the time the separate licenses are consolidated. (c) If an operator of rental property reduces the number of dwelling units or rooming units within a rental property, the operator is not entitled to a refund of any fee previously paid. (d) The city manager shall charge no license fee for the following rental dwelling units, so long as such units have also been individually certified to the city manager as low income rental property by the housing authority of the City of Boulder, and such certification is valid at the time the fee would otherwise be due: (1) Units owned by or leased and operated by the housing authority of the City of Boulder; (2) Units owned by or leased and operated by an entity which has a current valid tax status determination by the United States Internal Revenue Service as a Section 501(c)(3) tax exempt organization and such units are permanently affordable, as that term is defined in Chapter 9-16, "Definitions," B.R.C. 1981; or (3) Units covered by an assistance payment contract under 49 U.S.C. § 1437(b), "Lower-income housing assistance - authorization for contracts for assistance payments for existing dwellings." (4) If a housing complex under common ownership operates a fixed number or percentage of units as qualifying units under this subsection, but the individual units occupied by low income tenants vary over time, the license and fee waiver allowed by this subsection shall be applied pro rata to the total amount. Ordinance Nos. 5798 (1996); 7023 (1999); 7725 (2010); 8366 (2020)

Boulder Revised Code 1981 § 10-3-13 Availability of License.

10-3-13. - Availability of License. No operator who holds a rental license shall fail to make the rental license available to anyone within seventy-two hours of receiving a request. Posting of a rental license at the rental property is not required. Ordinance Nos. 5798 (1996); 7725 (2010)

Boulder Revised Code 1981 § 10-3-14 Local Agent Required.

10-3-14. - Local Agent Required. Whenever any rental property is required to be licensed under this chapter, and neither the owner nor the operator is a natural person domiciled within Boulder County, Colorado, the owner shall appoint a natural person who is capable of responding to the property within sixty minutes, to serve as the local agent of the owner and the operator for service of such notices as are specified in Section 10-2-2, "Property Maintenance Code," Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," Section 108, "Unsafe Structures and Equipment," and Section 109, "Emergency Measures," B.R.C 1981, and notices given to the local agent shall be sufficient to satisfy any requirement of notice to the owner or the operator. The owner shall notify the city manager in writing of the appointment within five days of being required to make such an appointment, and shall thereafter notify the city manager of any change of local agent within fifteen days of such change. Ordinance Nos. 5798 (1996); 7724 (2010); 7725 (2010); 8366 (2020); 8637 (2024)

Boulder Revised Code 1981 § 10-3-15 City Manager May Order Premises Vacated.

10-3-15. - City Manager May Order Premises Vacated. (a) Whenever the city manager determines that any rental housing is in violation of this chapter or of chapter 10-2, "Property Maintenance Code," B.R.C. 1981, and has caused a summons and complaint requiring the operator to appear in municipal court to answer the charge of violation to issue, and the summons cannot be served upon the operator despite reasonable efforts to do so, or, having been served, the operator has failed to appear in the municipal court to answer the charges or at any other stage in the proceedings, or, having been convicted or entered a plea of guilty or no contest, the operator has failed to satisfy the judgment of the court or any condition of a deferred judgment, then the city manager may, after thirty days' notice and an opportunity for a hearing to the tenants and the operator, require that the premises be vacated and not be reoccupied until all of the requirements of the Property Maintenance Code and the rental licenses code have been satisfied and a rental housing license is in effect. No person shall occupy any premises as a tenant after receiving actual or constructive notice that the premises have been vacated under this section. (b) Any notice required by this section to be given to an operator is sufficient if sent by first class or certified mail to the address of the last known owner of the property as shown on the records of the Boulder County Assessor as of the date of mailing. Any notice to the tenant required by this section is sufficient if sent by first class or certified mail to or delivered to any occupant at the address of the premises and directed to "All Tenants." (c) The remedy provided in this section is cumulative and is in addition to any other action the city manager is authorized to take. Ordinance Nos. 5798 (1996); 7724 (2010); 7725 (2010)

Boulder Revised Code 1981 § 10-3-16 Administrative Remedy.

10-3-16. - Administrative Remedy. (a) If the city manager finds that a violation of any provision of this chapter, Chapter 10-2, "Property Maintenance Code," or Chapter 10-2.5, "Abatement of Public Nuisance and Chronic Nuisance Property," B.R.C. 1981, exists, the manager, after notice to the operator and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation: (1) Impose a civil penalty according to the following schedule: (A) For the first violation of the provision, $150; (B) For the second violation of the same provision, $300; and (C) For the third violation of the same provision, $1,000; (2) Revoke the rental license; (3) If the city manager finds that a short-term rental license was issued to a licensee who is determined not to comply with subsections (1), (2) or (3) of Section 10-3-19(c), "Short-Term Rentals," B.R.C. 1981, the city manager shall revoke the short-term rental license; and (4) Issue any order reasonably calculated to ensure compliance with this chapter, and Chapter 10-2, "Property Maintenance Code," B.R.C. 1981. (b) If the city manager finds that an affordable accessory unit was advertised, offered for rent or rented for an amount in excess of the affordability standard, in addition to the actions the manager may take under subsection (a), of this section, the manager shall impose a penalty equal to the amount charged in excess of the affordability standard during the term of the license, plus interest at the rate of twelve percent per annum, and shall pay such funds collected to the tenant who was charged in excess of the affordability standard. (c) If notice is given to the city manager by the operator at least forty-eight hours before the time and date set forth in the notice of hearing on any violation that the violation has been corrected, the manager will reinspect the building. If the manager finds that the violation has been corrected, the manager may cancel the hearing. (d) The city manager's authority under this section is in addition to any other authority the manager has to enforce this chapter, and election of one remedy by the manager shall not preclude resorting to any other remedy as well. (e) The city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981. (f) To cover the costs of investigative inspections, the city manager will assess operators a $250 fee per inspection, where the city manager performs an investigative inspection to ascertain compliance with or violations of this chapter. (g) The city manager shall not accept a new application from the same licensee for the same dwelling unit or units after revocation of a license: (1) For at least six months following the revocation; and (2) Unless the applicant demonstrates compliance with all licensing requirements. Ordinance Nos. 5798 (1996); 7724 (2010); 7725 (2010); 7772 (2010); 8072 (2015); 8108 (2016); 8154 (2016); 8256 (2018); 8556 (2023); 8571 (2023); 8637 (2024)

Boulder Revised Code 1981 § 10-3-17 Penalty.

10-3-17. - Penalty. (a) The penalty for violation of any provision of this chapter is a fine of at least $500 and not more than $2,000 per violation, or incarceration for not more than ninety days in jail, or both such fine and incarceration. In addition, upon conviction of any person for violation of this chapter, the court may issue a cease and desist order and any other orders reasonably calculated to remedy the violation. Violation of any order of the court issued under this section is a violation of this section and is punishable by a fine of not more than $4,000 per violation, or incarceration for not more than ninety days in jail, or both such fine and incarceration. (b) It shall be a condition of any deferred prosecution or deferred or suspended sentence under this chapter that the defendant commit no violations of this chapter for at least one year from the date of such deferred prosecution or deferred or suspended sentence. (c) Notwithstanding subsection (a) of this section, the following specific sentencing considerations shall apply to fines imposed for violations: (1) The court shall consider any evidence presented by the defendant that a potential fine would be confiscatory. A confiscatory fine is a fine that would deprive a normally capitalized owner of the ability to continue operating a rental housing business of the sort involved in the case before the court. No fine that is confiscatory shall be enforced by the court. (2) In imposing a fine in any single case or in any consolidated cases, the court may weigh all factors normally and properly considered in connection with the imposition of fines, including the seriousness of the violation, the past record of the defendant, the economic circumstances of the defendant and all mitigating or aggravating factors relevant to the violation or to the defendant. In addition, in determining the amount of any fine, the court may consider: (A) The imposition of a fine that would deprive the defendant of any illegal profit collected because of the occurrence of the violation or violations on the rental housing property; (B) The imposition of a reasonable penalty in addition to any level of fine that is attributable to illegally obtained profit; and (C) The imposition of such additional fine as is determined by the court to constitute a reasonable amount to be suspended in order to ensure compliance with any terms of probation imposed by the court. (d) No fine imposed in a single case alleging multiple dates of violation, nor any fine in consolidated cases alleging multiple days of violation, shall exceed the maximum fine that might be imposed for fifteen separate violations unless the court finds special aggravating circumstances. Where special aggravating factors are at issue, the following procedures shall apply: (1) The defendant shall be entitled to ten days' notice of any special aggravating factors upon which the prosecution intends to rely at the sentencing hearing or about which, based upon evidence previously presented, the court is concerned. If necessary in order to provide such notice, a defendant shall be entitled to a continuance of the sentencing hearing. (2) A judicial finding of the existence of special aggravating factors shall not mandate that the court impose any particular level of fine but will, rather, provide the sentencing court with discretion to determine a fine based upon all the criteria set forth in this subsection. (3) Special aggravating factors, for the purpose of this subsection, shall require a judicial finding of one or more of the following: (A) The violations at issue were flagrant and intentional on the part of the defendant; (B) The defendant, after learning of the violation, failed to attempt corrective action over a sustained period of time; or (C) A fine equivalent to the maximum fine permitted for fifteen separate violations would be inadequate to disgorge the defendant of illegal profits obtained as a consequence of the violations or would be inadequate to ensure that the violation is neither profitable nor revenue neutral for the offender. Ordinance Nos. 5798 (1996); 7725 (2010)

Boulder Revised Code 1981 § 10-3-18 Authority to Issue Rules.

10-3-18. - Authority to Issue Rules. The city manager may adopt reasonable rules to implement this chapter. Ordinance Nos. 7636 (2008); 7725 (2010)

Boulder Revised Code 1981 § 10-3-19 Short-Term Rentals.

10-3-19. - Short-Term Rentals. (a) Short-term rentals are prohibited unless the city manager has issued a valid short-term rental license for the property. (b) The city manager shall only issue a rental license for short-term rental to: (1) A natural person, whose name appears on the deed to the property; (2) A trust, if the beneficiary of the trust is a natural person; or (3) A not-for-profit corporation licensed pursuant to Section 501(c) of the Internal Revenue Code, provided, however, the city manager shall have discretion to reject any application for a not-for-profit corporation if the city manager deems the application to be inconsistent with the goals of this chapter, which include allowing not-for-profits the opportunity support their mission through short-term rentals, preserving long term rental units and preventing investor owned short-term rentals. (c) Any application for a rental license for short-term rental shall include the following: (1) If the applicant is a natural person, the application must include a true copy of a Colorado driver's license or Colorado identification card showing the dwelling unit to be licensed is the applicant's address and a sworn statement that said dwelling unit is the applicant's principal residence; (2) If the applicant is a trust, a true copy of a Colorado driver's license or Colorado identification card showing the dwelling unit to be licensed is a beneficiary's address and a sworn statement that said dwelling unit is a beneficiary's principal residence; (3) If the applicant is a not-for-profit corporation, the application shall include proof of the corporation's status under Section 501(c) of the Internal Revenue Code and a statement of the manner in which short-term rentals serve the organization's charitable purpose; (4) A certification that the dwelling unit is equipped with operational smoke detectors, carbon monoxide detectors and other life safety equipment as may be required by the city manager; and (5) The names and telephone numbers of two contacts who for owner-operated rentals can be permanent residents on the property and who are capable of responding to the property within sixty minutes. (d) If the applicant is a natural person, the applicant's name must appear on the deed to the property on which the dwelling unit to be rented is located, and the applicant must possess at least a fifty percent fee simple ownership interest in the property. (e) If the applicant is a trust, the trust must possess at least a fifty percent fee simple ownership interest in the property. (f) The city manager shall not issue a license for short-term rental of a property in which an entity that is not tax exempt under Section 501(c) of the Internal Revenue Code holds a fee simple ownership interest. (g) The city manager shall not issue a license for short-term rental of a permanently affordable dwelling unit. (h) Short-term rentals shall not be subject to the inspection requirements of Subsection 10-3-3(b), "Terms of Licenses," B.R.C. 1981, except as set forth in subsection (o). (i) The occupancy of a dwelling unit rented as a short-term rental shall not exceed the occupancy permitted pursuant to Chapter 10-2, "Property Maintenance Code," B.R.C. 1981. (j) The dwelling unit rented as a short-term rental shall be the licensee's principal residence. (k) No person shall rent a dwelling unit in a manner that requires or encourages a person to sleep in an area that is not habitable as that term is used in the International Property Maintenance Code as adopted in Section 10-2-2, "Adoption of the International Property Maintenance Code with Modifications," B.R.C. 1981. (l) No person shall advertise a short-term rental, unless the advertisement includes the valid short-term rental license number once assigned by the city manager. (m) The city manager shall not issue more than one short-term rental license to any applicant. (n) The city manager may not issue more than one rental license pursuant to the standards of this chapter related to the use of a dwelling or dwelling unit. The city manager shall not issue a short-term rental license for and no person shall rent as a short-term rental any dwelling, dwelling unit, rooming unit, room or portion of any of the foregoing if the dwelling, dwelling unit, or rooming unit is otherwise licensed as a rental under this chapter or is subject to an affidavit of exemption filed with the city manager pursuant to Subsection 10-3-2(b), "Rental License Required Before Occupancy and License Exemptions," B.R.C. 1981; and, if a dwelling, dwelling unit, rooming unit, room or any portion of the foregoing is licensed as a short-term rental, the city manager shall not issue a rental license for a rental other than short-term rental for and no person shall rent other than for short-term rental the dwelling, dwelling unit, rooming unit, room, or any portion of any of the forgoing. (o) An accessory dwelling unit or a principal dwelling unit on a detached dwelling unit lot or parcel with an accessory unit may not be rented as a short-term rental unless all the following requirements are met: (1) Both the accessory dwelling unit and the principal dwelling unit were legally established by February 1, 2019; (2) A current and valid short-term rental license exists for the unit; (3) If the accessory dwelling unit is licensed for short-term rental, only the accessory dwelling unit and not any other dwelling unit on the same property may be licensed or used as a rental; (4) If a principal dwelling unit is licensed for short-term rental, then no accessory dwelling unit on the same property may be licensed or used as a rental; (5) An accessory dwelling unit may not be rented as a short-term rental for more than one hundred twenty days in any calendar year; (6) Notwithstanding the provisions of subsection (i), the occupancy of the accessory dwelling unit and the principal dwelling unit must meet the requirements of Subsection 9-8-5(b), B.R.C. 1981; and (7) Licensing Limitations and Requirements: (A) After February 1, 2019, no application for a new short-term rental license may be accepted. The city manager may renew unexpired short-term rental licenses pursuant to Section 10-3-7, "License Renewal Procedure for Buildings Occupied as Rental Property," B.R.C. 1981. A license for which a complete renewal application is not filed within ninety days from the expiration date shall be considered expired. (B) An applicant for a short-term rental license for a detached accessory dwelling unit, as that term is defined in Section 9-16-1, "General Definitions," B.R.C. 1981, must submit an inspection report for the accessory structure containing the unit consistent with the requirements of Subsection 10-3-3(b), B.R.C. 1981. (C) Notwithstanding the provisions of Section 10-2-2, "Adoption of the International Property Maintenance Code with Modifications," B.R.C. 1981, Appendix C, effective January 2, 2019, the energy efficiency requirements set forth in Section 10-2-2, Appendix C shall apply to detached accessory dwelling units, as that term is defined in Section 9-16-1, "General Definitions," B.R.C. 1981, that are licensed for short term rental. (p) Any licensee that has submitted a sworn statement pursuant to paragraph (c)(1) or (2) of this section as part of its original application shall complete the following each year within thirty days of the anniversary of the issuance of the short-term rental license: (1) Submit a sworn statement meeting the requirements of Paragraph 10-3-19(c)(1) or (2), B.R.C. 1981, affirming that the licensed dwelling unit continues to be the applicant or the applicant's principal beneficiary's principal residence; and (2) Pay the fee described in Section 4-20-18, "Rental Licensing Fees," B.R.C. 1981. (q) A festival lodging rental license, a form of short-term rental license, may be issued for an eligible property. Such festival lodging rental license may be issued under the same requirements of this Section, except: (1) For the purposes of this subsection (q), the term tenant licensee refers to an individual or entity seeking a festival lodging rental license on a unit within a building that holds another validly issued rental license; (2) The application proof of ownership requirements in paragraphs 10-3-19(c)(1), (2) and (3) shall not be required, except that the applicant shall submit a sworn statement of ownership at the time of application, or in the case of a tenant licensee, an attestation from the property owner or agent of the property owner that festival lodging is permitted in the unit must be on file; (3) The license shall not be subject to the requirements of paragraphs 10-3-19(b), (d), (e), (f), (g), (j), (m), (n), (o) or (p); (4) The festival lodging rental license is subject to the requirements of subsection 10-3-19(l) and is further restricted to advertisement for, and occupancy during rental dates only while an event for which the city has issued a Special Festival Event License or has otherwise approved a special festival event within city limits, plus ten days prior to the beginning of said license commencement date, and nine days following said license conclusion date. Under no circumstances shall a festival lodging rental license be utilized for more than twenty-nine days per year; (5) Term: Licenses issued pursuant to this subsection (q) shall expire four years from issuance, except that licenses issued to a tenant licensee on a unit that also holds a valid rental license pursuant to Chapter 10-3, "Rental Licenses," B.R.C. 1981, expire one year from issuance; and (6) A festival lodging rental licensee shall pay the fee described in Section 4-20-18, "Rental Licensing Fees," B.R.C. 1981. Ordinance Nos. 8050 (2015); 8104 (2016); 8154 (2016); 8256 (2018); 8304 (2019); 8371 (2019); 8556 (2023); 8571 (2023); 8651 (2025); 8715 (2025); 8743 (2026)

Boulder Revised Code 1981 § 10-3-20 Reserved.

10-3-20. - Reserved. Editor's note— Ord. No. 8651, § 59, adopted March 6, 2025, repealed § 10-3-20, which pertained to occupancy and derived from Ordinance Nos. 8050 (2015); 8072 (2015); 8108 (2016).

Source: City of Boulder, Colorado, Revised Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT10ST_CH3RELIFetched: 11/14/2026