Rehoboth officials discuss noise, rentals

Rehoboth Beach officials are considering annual inspections of rental properties and other steps to assist city officials in handling complaints.

A more detailed system of tracking rentals and changes to the noise ordinance are among the issues city commissioners are discussing.

The measures were recommended by a working group studying the effect of swimming pools and large rental houses in residential areas. Headed by planning consultant Kyle Gulbronson, the working group made a presentation to the commissioners Nov. 10.

Gulbronson suggested several measures based in part on regulations found in Palm Springs, Calif., such as producing a good neighbor brochure spelling out information on noise, animal and parking regulations. The suggestions include maintaining a record for each rental property listing a responsible party who can be called in the event of unruly tenants.

The commissioners all favored of annual inspections to verify all rental homes were up to code. City Manager Sharon Lynn recommended inspections after she stripped property owners Yavar Rzayev and Jeffrey Smith of their rental licenses for concealing an unapproved bedroom in their New Castle Street rental home.

Cooper said that case points out the need to tighten up the city code.

The most contentious of the working group's recommendations was whether to allow the city manager the authority to revoke a rental permit after three complaints. Commissioner Lorraine Zellers supports the idea to give the ordinance some teeth and provide consequences for bad actors. Zellers said owners should bear responsibility for their rental homes. Mayor Sam Cooper opposed the measure, saying a new bureaucracy would be required to enforce it.

Gulbronson said the working group – consisting of City Manager Sharon Lynn, Chief Keith Banks and building inspector Terri Sullivan – based its noise recommendations on the city of Newark’s ordinance.

Newark uses the plainly audible standard for measuring noise, Gulbronson said. Plainly audible in general means noise that is plainly audible across property lines or between buildings. Cooper said plainly audible means more than just hearing the noise: plainly audible means the beat, lyrics or a conversation can easily be made out from a distance. Gulbronson suggested a complaint-driven system for Rehoboth.

While the commissioners appeared sold on changing the noise ordinance, how to enforce it was another matter. Gulbronson said Newark’s ordinance has a hierarchy of fines depending on whether the violation took place during the day or at night. The working group’s recommendation was a fine of $100 to $1,500, but city solicitor Glenn Mandalas said noise violations are a civil offense; the maximum fine is $500, per city charter.

Gulbronson also suggested a noise board to hear cases when a property had accumulated three violations. The board would serve as an appeals board and could have the authority to revoke a rental license. The commissioners preferred to improve the noise ordinance and let it play out for a summer before setting up any kind of board.

“Tightening up the noise ordinance will educate everyone,” Lynn said. “People just have to be mindful and call in their complaints, and the police have to respond appropriately if they do.”

“I don’t think we need to go where we are revoking people’s licenses,” Cooper said. “Sending the owner a notice is completely appropriate. I think we can hold off on creating a board and revocations and all that.”

Commissioner Patrick Gossett asked whether it was more profitable for property owners with frequent noise complaints to just pay small fines. Cooper said if that becomes a problem, the commissioners would take up the topic again, referring to the origin of the discussion with swimming pools.

“I don’t hear that we have a huge issue with a number of houses that have no regard for their neighbor. What I’m hearing is we have had a number of houses being built that by their very nature create a disturbance. And at some point we have to deal with that amenity,” Cooper said.

Gulbronson said it would take two weeks to draft language for the commissioners to vote on. Discussion will be continued at a special meeting, scheduled for 9 a.m., Tuesday, Nov. 25, in the city commissioners’ room.