Neighbors concerned over short-term rental regulations, enforcement

Popularized by platforms such as Airbnb and VRBO, short-term rentals are privately owned homes, condos and other housing that owners make available to people needing a place to stay for varying periods of time. The properties are advertised and booked through the online platforms.

People who stay in short-term rentals typically are visiting an area temporarily for vacation or work. However, as discussed, others sometimes rent the properties for more disruptive purposes.

“We have posted ‘no trespassing signs,’ which really seem like a fraughtless effort,” Marian Brandenberg said.

Brandenburg, who said she lives next door to a home advertised as a short-term rental, said she and her husband are concerned about children coming onto their property and into their orchard.

“We’re concerned about damage to our trees,” Brandenburg said.

Brandenburg added that she’s also worried about whether they’d be liable if someone were injured on their property.

Dale Blassy told commissioners he has called the Riley County Police Department four times to report people holding parties, and police responded to two of his calls.

Blassy said he doesn’t have an issue with short-term rentals being allowed, but he wants the disturbances to be addressed.

“The issue is stepping on our toes as private residents who live there every day,” he told commissioners.

Short-term rentals are supposed to be licensed in Riley County. Licensed properties must follow various regulations such as occupancy limits and designated parking.

Planning Director Amanda Webb said there are 18 licensed properties. The property residents mentioned on Thursday, located at 5303 Terra Heights Drive, is not one of them.

Webb said the county knows of four properties operating without a license.

“As we know, there probably are plenty more out there that we are not aware of,” Webb said.

Webb said owners of properties being used as short-term rentals without a permit are sent a notice stating they need a license. If that notice is ignored, then the owner is sent another letter stating they are in violation of county regulations.

County Clerk Rich Vargo told residents at the meeting that the county is sympathetic to the problems residents are facing, but that the county’s hands are tied because officials are limited in how violations can be enforced.

“The county doesn’t really have any teeth, nor the courts, until the state law would enhance the problem,” he said. “They would have to make a state law that would give counties and cities more authority to actually have a real, for lack of a better word, threat to that owner, business, person telling them something substantial could happen, and the court would uphold it.”

County Counselor Clancy Holeman said laws addressing short-term rentals are working their way through the state legislature, but that they are still in the early stages. He also said violations of these regulations are seen as low-priority in the courts.

“In the court system, these do not have a high priority because they are civil (violations),” Holeman said.

Both Webb and Holeman said most short-term rental owners follow the regulations.

“We end up dealing with those that are problematic,” Holeman said. “They’re the ones you see.”