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File #: 25-1552    Version: 1
Type: Agenda Item Status: Approved
File created: 8/29/2025 In control: Board of Supervisors
On agenda: 9/30/2025 Final action: 9/30/2025
Title: Planning and Building Department, Tahoe Planning & Building Division, recommending the Board receive and file a presentation on the Vacation Home Rental Program, with a focus on code enforcement, and provide direction if necessary. FUNDING: N/A
Attachments: 1. B - Sample Notices, 2. A - VHR Presentation, 3. Public Comment BOS Rcvd 9-29-25, 4. Public Comment BOS RCVD 9-25-2025
Related files: 23-1489, 24-0567, 21-1262, 23-0436, 24-1555
Title
Planning and Building Department, Tahoe Planning & Building Division, recommending the Board receive and file a presentation on the Vacation Home Rental Program, with a focus on code enforcement, and provide direction if necessary.

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
This item is an overview of the current status of the County’s Vacation Home Rental (VHR) Program, with a focus on the County’s enforcement efforts.

On October 22, 2024 (Legistar File 24-1555), the Board of Supervisors (Board) adopted the Final Passage of Ordinance 5209, amending Title 5 - County Business Taxes, Licenses and Regulations of the El Dorado County Ordinance Code, Chapter 5.56 - Vacation Home Rentals, to add the recommendations of the Board and the VHR Advisory Committee.

Before the final amendment to the VHR Ordinance, staff provided presentations and gathered feedback from the Board regarding the VHR Ordinance and Program on May 14, 2024 (Legistar File 24-0567), September 10, 2024 (Legistar File 24-1555), and October 15, 2024 (Legistar File 24-1555) - the latter date marking the First Reading of Ordinance 5209.

Through the VHR Ordinance amendment process, the Board has directed staff to implement several changes. Key highlights of the 2024 VHR Ordinance amendments include:
Required compliance with the County’s Vegetation Management Ordinance
Increased fine amounts
Restructured enforcement procedures (e.g. allows ‘time to cure’)
Included permit requirement for Hosted Home Rentals (HHRs)
Modified Local Contact Requirements
Strengthened compliance standards (i.e. noise, occupancy, parking, signage, etc.)
Clarified that in cases of conflict between the VHR Ordinance and the Ranch Marketing Ordinance, the Ranch Marking Ordinance shall prevail.

The Board also directed staff to make several VHR Program adjustments based on input from the VHR Advisory Committee, largely focused on enhanced enforcement.

VHR Advisory Committee
On May 2, 2023 (Legistar File 23-0436), staff provided a presentation to the Board on the VHR Program. At that meeting, the Board made a recommendation that Supervisor Laine convene a VHR Advisory Committee to meet and deliberate on additional VHR Program recommendations for Supervisor Laine to consider. Following that, Supervisor Laine and a facilitation consultant, Zephyr Collaboration, created an application process for the VHR Advisory Committee and ultimately selected thirteen (13) members with a variety of perspectives on VHRs. The VHR Advisory Committee met beginning in September 2023 and had six (6) meetings over the following months to produce a final Recommendations Report (Report). The Report was presented to the Board on May 14, 2024 (Legistar File 24-0567).

The Report primarily focused on the theme of enhanced enforcement and had the following major recommendations for action by the County.

A. Prioritize VHR Complaint Management & Enforcement
Invest in a dedicated VHR enforcement unit
Develop a centrally managed complaint tracking and response system
Enhance illegal rental enforcement
Modify Local Contact requirements
B. Reduce the cap for VHR Permits in the Tahoe Basin
C. Develop regulations for accountability of HHRs
D. Strengthen compliance standards in the VHR Ordinance
E. Adjust fines and penalties for VHR and HHR code violations
F. Request to establish a VHR Commission

A focus on Enforcement
As mentioned, the primary message from the VHR Advisory Committee was on enhanced enforcement. The Board echoed that sentiment, and their primary direction to staff was to increase enforcement capabilities.

To this end, the Board generously authorized new VHR Code Enforcement Officer positions, paid for out of Discretionary Transient Occupancy Tax (TOT) funds. This allowed the Planning and Building Department (Department) to create a dedicated VHR Enforcement Unit. That unit is comprised of two (2) officers in Tahoe and one (1) officer on the West Slope, with a dedicated Supervisor stationed in the Tahoe Office. Staff in that Unit work variable hours that cover shifts seven (7) days a week, including night shifts on the weekends.

During the winter months, daily coverage, when fully staffed, typically runs from 7 a.m. until 10 or 11 p.m. During the summer months, coverage usually extends from 7 a.m. until 1 or 2 a.m. Later shifts are most often scheduled on Friday and Saturday nights. Shift schedules remain flexible and are adjusted based on call volume, day of the week, and timing of service calls received by Code Enforcement.

Staff also created a dedicated VHR Hotline, (530) 573-7999, and a dedicated VHR enforcement email address, VHRenforcement@edcgov.us, for the public to be able to submit complaints. Both the hotline and email site are available to the community 24/7 to report any potential VHR violations. From June 25, 2024, to August 15, 2025, a total of 988 calls were received on the VHR Hotline, and 331 emails were received through the VHR enforcement email.

Staff also researched and purchased enhanced technology in order to be able to conduct work from their vehicles while out in the field. This allows officers to work more efficiently and transition between complaints without having to report back to the office. Officers are able to be in the communities working and engaging with residents and visitors. These new technology enhancements include new markings on the County vehicles so that they are clearly identified and include the VHR Hotline number. Staff also added Cradlepoint docking stations with remote Wi-Fi capability and mobile printers to the vehicles for posting notices while out in the field.

To continue with the theme of seeking compliance, rather than collecting fines - staff created many new enforcement procedures (Attachment B). These include the following: 1.) Yellow Warning Notice, which is posted at properties violating the VHR Ordinance. These warnings provide owners five (5) days to correct the violation without a fine. 2.) Red Guest Notice, which is posted in the field at illegal VHRs alerting renters that the VHR they are renting does not have a permit from the County and has not been inspected for safety by local fire departments. 3.) Reporting Party Evidence Form that allows reporting parties to submit evidence to the Code Enforcement team on properties potentially violating the VHR Ordinance where a Code Enforcement Officer was not able to respond in time to witness the violation occurring. Code Enforcement staff can then consider the evidence and open cases where violations have occurred. The reporting party must be willing to testify at an Administrative Hearing if the violation is appealed.

Additionally, Code Enforcement staff have focused on illegal rental enforcement by taking a proactive approach and utilizing the Rentalscape online platform. Rentalscape is a company contracted with by the County’s Treasurer-Tax Collector in order to scrub the internet for listings offering short term rentals within the County. This tool allows the officers to view bookings and listings in real-time and has significantly cut down on illegal VHRs that were not inspected for safety and that were not paying the County TOT.

Finally, Code Enforcement staff have taken a much more proactive approach to enforcement. Staff now have professional uniforms, and officers are out in the field talking to the community and attending events like farmers markets where they can engage with the public and answer questions.

Code Enforcement Data
The following are summary statistics on VHR Violation data between calendar year 2024 and calendar year 2025 (through August 15).

Total Cases Opened
2024: 221
2025 (Jan-Aug 15): 326
Unpermitted Violations
2024: 173
2025 (Jan-Aug 15): 276
Administrative Violations
2024: 1
2025: 1
Noise Violations
2024: 8
2025: 3
Occupancy Violations
2024: 9
2025: 30
Parking Violations
2024: 0
2025: 1
Safety Violations
2024: 1
2025: 1
Sign Violations*
2024: 16
2025: 2
Trash Violations
2024: 13
2025: 12

* County created and issued standardized signs which have reduced sign violations

Average Response Times
Staff began tracking officer response times in October of 2024, when the Board amended the VHR Ordinance. The following outlines officer’s average response times. As provided, a tremendous shift has occurred in Code Enforcement prioritizing real time responses.

Complaint to Reporting Party: 6 minutes
Complaint to Local Contact: 11 minutes
Complaint to Code Enforcement Arrival at Property: 35 minutes

Violations and Fine Data
The following outlines VHR fine amounts between calendar year 2024 and calendar year 2025 (through August 15).

2024
Cases Opened: 151
Fines Charged: $257,000
Fines Paid: $104,905
Admin Hearings: 1 Hearing - Violation Affirmed

2025 (Jan-Aug 15)
Cases Opened: 211
Fines Charged: $421,000
Fines Paid: $136,981
Admin Hearings: 3 Hearings - Violations Affirmed

The following provides charged and paid VHR violation fines from 2019 to 2025, broken out for Tahoe and the West Slope.

VHR Fines by Year - Tahoe
2019: Charged $22,400, Paid $21,900
2020: Charged $112,000, Paid $111,500
2021: Charged $98,425, Paid $95,675
2022: Charged $35,350, Paid $33,850
2023: Charged $41,450, Paid $32,200
2024: Charged $81,750, Paid $64,835
2025: Charged $343,500, Paid $106,650

VHR Fines by Year - West Slope
2019: Charged $1,000, Paid $1,000
2020: Charged $1,500, Paid $1,750
2021: Charged $8,150, Paid $6,900
2022: Charged $8,250, Paid $7,750
2023: Charged $12,300, Paid $11,800
2024: Charged $21,500, Paid $9,750
2025: Charged $76,000, Paid $32,556

Collected fines are currently returned to the Department’s General Fund Budget to help offset costs.

Code Enforcement’s Improved Relationship with the Sheriff’s Office
Code Enforcement staff have greatly improved their relationship with the County’s Sheriff’s Office. Code Enforcement staff now handle all VHR complaints, unless those complaints come in very late in the evening when Code Enforcement Officers are off duty. Those calls are responded to by the County’s Sheriff’s Office and their Deputies now simply send their report to our Code Enforcement staff to be able to follow through on and issue penalties where violations have occurred. Sheriff’s Dispatch also now forwards complainants to the VHR Hotline. Additionally, Sheriff Deputies accompany Code Enforcement Officers when backup is needed in the field to ensure Officer safety.

Code Enforcement Conclusion
In the past year, Code Enforcement has made significant improvements in the overall enforcement of the VHR Program. Initiatives such as the creation of the 24/7 VHR Hotline and dedicated email site, expanded community outreach efforts, and commitment to providing real-time responses to complaints have strengthened the VHR Program’s effectiveness. Success has also been found in the ongoing partnership with the County’s Sheriff’s Office, as well as in the responsiveness of Local Contacts and Property Management Companies who play a critical role in addressing issues quickly and maintaining neighborhood standards.

The primary goal of Code Enforcement, as it relates to all aspects of enforcement, is achieving voluntary compliance. By focusing on education, communication, and collaboration, officers are able to resolve most violations without the need for formal action. However, when compliance is not achieved voluntarily, Code Enforcement has also improved its ability to take timely and appropriate corrective measures. These combined efforts help build trust with the community, promote accountability among property owners and managers, and ensure that the VHR Program continues to operate in a way that balances the interests of visitors, property owners, and permanent residents.

VHR Program Status
There are currently 762 active VHR Permits in the Tahoe Basin and 172 active VHR Permits on the West Slope. There are currently 17 active HHR Permits in the Tahoe Basin and 11 active HHR Permits on the West Slope. The number of VHR Permits has been decreasing in the Tahoe Basin due to the Clustering Policy that the Board adopted in late 2021 (Legistar File 21-1262). Conversely, the number of VHR Permits has been increasing on the West Slope.

The VHR Program administration team also manages a Wait List for individuals interested in a VHR Permit. Individuals on the Wait List are currently within the 500-foot buffer of a legally existing VHR, and thus are prohibited from applying for a VHR Permit until they are outside of a buffer. There are currently 203 Wait List participants in the Tahoe Basin and 13 Wait List participants on the West Slope. From when the VHR Ordinance amendments went into effect in late November 2024 until July 31, 2025, there were 1,502 phone calls into the VHR Program Administration telephone line.

TOT
Staff requested current TOT data from the County’s Treasurer Tax Collector’s Office to attempt to determine if the VHR Ordinance amendments that the Board adopted in October 2024 had any effect on TOT payments. As is evidenced below, there is a relatively minor difference in TOT revenue in Fiscal Year (FY) 23/24 vs FY 24/25.

FY 2018/19
EAST: $2,461,773
WEST: $1,528,283
AIRBNB: $1,715,277
TOTAL: $5,705,334

FY 2019/20
EAST: $1,896,063
WEST: $1,094,651
AIRBNB: $1,924,874
TOTAL: $4,915,588

FY 2020/21
EAST: $2,761,740
WEST: $1,160,804
AIRBNB: $3,881,832
TOTAL: $7,804,376

FY 2021/22
EAST: $3,171,810
WEST: $1,600,282
AIRBNB: 3,771,588
TOTAL: $8,543,680
FY 2022/23
EAST: $3,154,901
WEST: $1,541,473
AIRBNB: $4,116,376
TOTAL: $8,812,751

FY 2023/24
EAST: $2,547,313
WEST: $1,429,371
AIRBNB: $4,160,036
TOTAL: $8,136,721

FY 2024/25
EAST: $2,320,609
WEST: $1,463,163
AIRBNB: $4,104,237
TOTAL: $7,888,009

ALTERNATIVES
There are no alternatives as this is a receive and file the presentation.

PRIOR BOARD ACTION
On August 24, 2021 (Legistar File 21-1262), the Board approved the First Reading of Ordinance 5146, amending Title 5 of the Ordinance Code, Chapter 5.56, adding Section 5.56.056 - Vacation Home Rental Clustering, and continued the matter to August 31, 2021, for Final Passage (Second Reading).

On May 2, 2023 (Legistar File 23-0436), the Board made a motion to create a VHR Advisory Committee with Supervisor Laine as a single decisions maker to include Department staff and stakeholders to explore potential VHR Program adjustments and/or amendments to the VHR Ordinance.

On August 22, 2023 (Legistar File 23-1489), the Board approved Resolution 126-2023 adding two Code Enforcement Officers and one Code Enforcement Supervisor dedicated to VHR/Ranch Marketing as a part of the Code Enforcement Strategic Plan.

On May 14, 2024 (Legistar File 24-0567), the Board received and filed a presentation from the Department and provided direction to staff regarding potential VHR Program adjustments and/or amendments to the VHR Ordinance, including the cap on VHRs in the Tahoe Basin, modifying HHR requirements, creating a dedicated VHR Enforcement Unit, developing a centrally managed complaint tracking and response system, enhancing illegal rental enforcement, strengthening compliance standards, and exploring options pertaining to the clustering issue.

On October 15, 2024 (Legistar File 24-1555), the Board approved the First Reading of Ordinance 5209, amending Title 5 of the Ordinance Code, Chapter 5.56, and continued the matter to October 22, 2024, for Final Passage (Second Reading).

OTHER DEPARTMENT / AGENCY INVOLVEMENT
Chief Administrative Office, Code Enforcement, County Counsel, Fire Districts, Sheriff’s Department, Treasurer-Tax Collector, Environmental Management, Clean Tahoe Program

CAO RECOMMENDATION
Receive and file as recommended.

FINANCIAL IMPACT
There is no change to Net County Cost associated with receiving this presentation.

CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A

STRATEGIC PLAN COMPONENT
N/A

CONTACT
Brendan Ferry, Chief Deputy Director of Tahoe Planning & Building Division
Planning and Building Department