Deschutes County may fine up to $1,000 a day for short-term rental violations

(Update: Adding video, comments from Bend Airbnb owner, Commissioner DeBone)

BEND, Ore. (KTVZ) -- The Deschutes County Board of Commissioners determined Monday how the county will enforce its recent order prohibiting short-term rental stays of less than 30 days in rural, unincorporated areas of the county.

The order, which is intended to reduce the spread of COVID-19 by limiting non-essential travel, does not apply to short-term rentals in the cities of Bend, La Pine, Redmond and Sisters. It includes short-term rentals in Black Butte Ranch, Eagle Crest, Pronghorn, Sunriver, Tetherow and other rentals in the rural, unincorporated areas of the county.

Effective Friday, renters and property owners who violate the short-term rental order may be subject to either criminal prosecution as a Class C misdemeanor under a public health order or a civil code enforcement penalty of up to $1,000 per day.

Bernice Gates, who owns an Airbnb property in Deschutes River Woods, told NewsChannel 21 Wednesday Airbnb started issuing full refunds for renters who cancel, and Gates said the new order just adds to her financial burden.

“I feel like the rural areas where I'm out would be a better place to be than in a hotel in town where you might be tempted to want to go out," Gates said.

She said she's worked in the medical field for nearly 30 years before becoming an Airbnb owner, so she believes she's keeping her property safe enough for renters. However, she said bookings have dropped in the last month.

With Governor Kate Brown banning non-essential travel and new guidelines from the county and city officials, Gates said it's hard to differentiate between right and wrong.

“The hardest part is just not knowing -- nothing’s consistent," she said.

County Commissioner Tony DeBone said law enforcement will be working to make sure renters and property owners are not violating the order. He said each case will be evaluated on its own.

“If it’s just renting of a party weekend for a bunch of people, now that’s going to be egregious," DeBone said. "If it’s just a situation where people are just stabilizing, sitting quietly, needing time to pass, that’s a whole different scenario.”

The civil code enforcement penalty can be imposed against adults renting a property and/or adults with an ownership interest (other than a security interest) in the rental property.

The order does not include essential workers who need to travel and rent short-term rental stays. Debone said the situation is also different if someone like a local healthcare worker just wants to self-quarantine for a few days.

"If somebody moves in to a short-term rental next door for three days, the virus is not going to be jumping from house to house. But the paths outside, to the grocery store, getting gas, does mix up our society a bit more," DeBone said.

“We want to make sure to get the word out to property owners,” said fellow Commissioner Patti Adair. “Working together, we are encouraging education and immediate voluntary compliance, to avoid the imposition of penalties.”

The short-term rental order does not prohibit reservations needed for permitted essential travel, including reservations needed for health, safety or employment.

If neighbors have a known violation related to the continued use of short-term rentals to large groups or gatherings, they can call (541) 693-6911 to report the violation. Complaints will be reviewed by the appropriate local law enforcement agency and investigated if necessary. 

Penalties will remain in effect until May 15, unless sooner terminated or extended by board order.