Breckenridge’s short-term rentals won’t see any ‘no-knock raids,’ staff explains
August 16, 2018
As Breckenridge Town Council passed an update to short-term rental regulations Tuesday, there was some confusion among the homeowners over a provision concerning inspections.
Because short-term rentals are occupied by numerous people for short periods of time, town officials feel like the town should have the right to inspect accommodation units in the interest of public safety.
"Therefore, whenever it is necessary or desirable to make an inspection… an authorized public inspector may enter such accommodation unit at all reasonable times to inspect the same for the purpose of enforcing such special conditions," states the ordinance.
Some of the homeowners didn't seem to understand how the inspections might work and asked for calcification at Tuesday's town council meeting, when the new rules were approved 6-0 on first reading.
"It doesn't speak to putting into place an inspection program for every unit," Brian Waldes told council after being asked about the inspections on Tuesday. "But in the case where there's a concern, then we would have the right to inspect the property."
Per the ordinance, if a rental is occupied, an "authorized public inspector" must first present proper credentials and request entry. If the unit is unoccupied, the inspector must try to find the owner, the designated local agent or the individual who's in control of the rental unit and request entry through that person.
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If entry is refused or if the rental is locked, the inspector can seek an inspection warrant issued by a municipal court judge in accordance with state law. However, a warrant will not be required in the rare case of an emergency involving the potential loss of property or human life.
Also, the judge can impose conditions on an inspection warrant to protect the private property rights of the owner or otherwise make the warrant comply with applicable law.
"We're not looking at doing no-knock inspections," Waldes said.
"This is not the kind of program that you've heard about on the Front Range that's caused such a problem where people were forcibly entering apartments," added town attorney Tim Berry. "We're not going to do that."
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