Council not budging, but operators of mother-in-law units want Port Townsend to re-evaluate code

PORT TOWNSEND — The City Council directed its staff to enforce a ban on the use of so-called mother-in-law units as short-term vacation rentals, even though it will cause many of these operations to cancel reservations during the busiest time of the year.

“I understand this action is causing some inconvenience,” said council member Mark Welch.

“But it shouldn’t be a surprise that we are enforcing a law that has been on the books for some time.”

On May 4, the city sent out 21 notices to what it calls accessory dwelling unit, or ADU, rentals which were in violation of the ban.

City Hall discovered the ADUs via their online advertising as short-term rentals.

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Since that time, all but 11 have been resolved, according to Director of Development Services Rick Sepler.

Comment to council

A dozen people weighed in about the issue during the public comment of Monday night’s City Council meeting.

Most of them favored a re-evaluation or repeal of the ban, which would cause them to lose projected income or issue refunds.

“If I am forced to comply with this, my house will go into foreclosure,” said Barbara Morey, who rents a portion of her property at vacation rates.

Morey said she wants to operate within the law and pay taxes, “but no one will take our money.”

Several of those testifying said that canceling reservations made for the August to October time frame would cause an inconvenience for her guests that will give them a bad taste about the town.

“I’m not going to cancel any reservations just yet,” Morey said.

“But if I do, I will make it clear that I am being forced by the city to cancel.”

No council vote

No council vote was taken, as the preferences of the council majority became clear during a 30-minute discussion.

It was not cut and dried.

Council member Laurie Medlicott suggested deferring the enforcement action to Aug. 1 to give the violators a chance to comply, and fellow member Kris Nelson said the vacation rental of ADUs provided “a niche that we have no place for.”

But the legal responsibility pointed out by City Manager David Timmons and the strong advocacy for ban enforcement by Mayor Michelle Sandoval made the final direction clear.

“I have been on the council for nine years, and this is at least the third time this matter has come up,” Sandoval said.

“It needs to be resolved.”

Not all of the public testimony opposed the ban, as two bed-and-breakfast owners spoke in its favor.

Mary Ann DeLong said licensed bed and breakfast operations pay more taxes and have to comply with a number of stringent insurance regulations.

And Janet Allen said it was difficult to compete with the “bootleg properties” that have fewer restrictions and can charge less money.

“I think this should be enforced,” DeLong said of the ban. “To do otherwise is unfair to those of us who have complied with all aspects of the law for many years.”

Morey said she plans to meet with other ADU renters and determine a strategy, which includes the proposal to establish a new category of transient accommodations.

“This isn’t over,” she said.

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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.

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