By QUINTON SMITH/YachatsNews.com
A Lincoln County circuit judge has denied a request by the owner of three vacation rentals in the Bayshore area of Waldport to require the sheriff’s office to issue a rental license to potential new buyers of one of his properties.
Judge Amanda Benjamin issued her ruling Wednesday, a week after hearing oral arguments on the request.
John Blackburn owns three licensed rentals along Northwest Oceania Drive in the Bayshore community north of Waldport and has two couples interested in purchasing one to use as a vacation rental. He filed suit asking the court to require the sheriff’s office to issue a vacation rental license once the new owners took possession of the house.
A Lincoln County ordinance prohibits rental licenses from transferring when a property sells, requiring new owners to apply for their own license – which until 2019 wasn’t an issue.
But during contentious debates over vacation rentals the past three years, county commissioners passed a series of moratoriums on issuing new licenses until they can sort out new rules and regulations for rentals in unincorporated areas. As a result, the number of licenses in unincorporated areas has fallen from more than 600 to about 525.
While they have instituted new rules governing occupancy limits and septic systems, commissioners have yet to establish new limits on the number of vacation rental licenses in five areas of unincorporated county west of U.S. Highway 101 or an administrative procedure to handle complaints. Until they do, commissioners in August extended the license moratorium until Feb. 22.
Blackburn’s suit said the sheriff’s office told him they couldn’t issue a new license when the property sold, effectively killing the proposed sale and lowering the value of his property.
Blackburn’s attorney, Heather Brann of Portland, filed suit Nov. 6, asking for a temporary restraining order against the license moratorium and ordering the sheriff’s office to issue a license to the new owners of Blackburn’s property when the sale closed. She argued that the license transfer rule fell under a state Land Use Board of Appeals ruling in August that overturned a voter-approved measure phasing out vacation rentals in residential neighborhoods.
During the hearing last week, Brann told Benjamin that if LUBA says short-term rentals like Blackburn’s are allowed in residential zones as a “non-conforming” use, then the county has no right to deny the transfer of a license to a new owner.
Chris Crean, the attorney representing Lincoln County, said LUBA’s ruling had nothing to do with the county’s ordinance, which governs licensing not land use.
“Why are we even discussing LUBA’s decision,” Crean asked. “The county has suspended licenses until these (new limits) are established. “We are not issuing licenses to new people. You have to wait …”
In her written ruling, Benjamin said Blackman is asking the court to require the sheriff to issue a vacation rental license – a requirement state law prohibits.
“The court cannot order a party to perform a specific act … therefore the plaintiff argues that the court should prohibit the county from incorrectly interpreting Lincoln County Resolution No. 22-31-8a,” Benjamin said. “The court cannot issue a temporary restraining order prohibiting a party from asserting a position.”
Brann is representing other vacation rental owners challenging the county’s ordinance in circuit court – but no decisions or new hearings have been scheduled on that.
Smart move. He purchased the homes for one reason — to make cash on renting them and now believes that that is their onĺy purpose. The county is doing the right thing.
The county is not doing things in a timely manner. There should be no reason to transfer the rental license. They are rentals and have been.
The owner of a property should be able to do as one pleases, provided doing so will not harm or endanger others. Regardless, this is no longer the land of the free.
Define “harm” and “endanger” completely and explicitly.
We are trying to get long-term residents in the homes in Bayshore; we as homeowners do not want vacation rentals here.
The new owners can always rent their houses on a monthly or yearly basis if they don’t want to occupy the ones they are buying. No license required for that. Meanwhile the value of the real estate purchased most likely will appreciate and the rent will cover the mortgage.
So true. But, some people feels vacation home rental brings more revenue for them in one weekend they can get more money than in one month rent. Is all about money.