.010 Administrative Citation. In addition or as an alternative to any other remedy provided by state law or this code, the city, the city's Police Department or an enforcement officer may issue a civil citation to the owner, the owner's agent, the local contact person, the responsible person, or the hosting platform if there is any violation of this chapter or the code committed, caused or maintained by such person or entity. When a violation occurs, it is not required that a warning or notice to cure must first be given, before a citation may be issued. All complaints for any violation of this chapter may be handled by either the city's Police Department or enforcement officers on a twenty-four (24) hour basis. Any police report where the city's Police Department has concluded that a violation of this chapter has occurred, may be submitted to the city's Community Preservation Manager for review, processing and issuance of a civil citation. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation for which a civil citation may be issued. Such a civil citation shall be issued, notice given, and any appeals heard by the processes and in the manner prescribed by Chapter 1.20 (Civil Citations) of this code.
.0101 Responsible Person. The city may issue and the responsible person for each short-term rental may receive a civil citation for any violation of this chapter as follows:
(1) A two hundred dollar ($200.00) fine for each minor offense;
(2) A five hundred dollar ($500.00) fine for each major offense.
.0102 Owner, Owner's Agent or Local Contact Person. The city may issue and the owner, the owner's agent or the local contact person may receive a civil citation for any violation of this chapter or the code by the owner, the owner's agent, the local contact person, the responsible person or the occupants of the owner's short-term rental as follows:
(1) First offense — a two hundred dollar ($200.00) fine for a minor offense and one thousand dollar ($1,000.00) fine for a major offense;
(2) Second offense within any continuous period of twelve (12) consecutive months in connection with the same short-term rental property — a four hundred dollar ($400.00) fine if the offense is a minor offense and a one thousand five hundred dollar ($1,500.00) fine if the offense is a major offense;
(3) Third and fourth offenses within any continuous period of twelve (12) consecutive months in connection with the same short-term rental property — a one thousand dollar ($1,000.00) fine if the offense is a minor offense and a two thousand five hundred dollar ($2,500.00) fine if the offense is a major offense, and if the offense is a major offense, the penalty of revocation of the short-term rental permit pursuant to Section 4.05.130 of this code shall also be applicable;
(4) Fifth and subsequent offenses within any continuous period of twelve (12) consecutive months in connection with the same short-term rental property — a one thousand five hundred dollar ($1,500.00) fine if the offense is a minor offense and a three thousand dollar ($3,000.00) fine if the offense is a major offense, and if the offense is a major offense, the penalty of revocation of the short-term rental permit pursuant to Section 4.05.130 of this code shall also be applicable;
(5) Any offense occurring during any permit revocation period — a two thousand five hundred dollar ($2,500.00) fine;
.0103 Hosting Platform. Unless prohibited by any state or federal law, the city may issue and the hosting platform may receive a civil citation for any violation of this chapter or the code by the hosting platform as follows:
(1) First offense — a five hundred dollar ($500.00) fine;
(2) Second offense within any continuous period of twelve (12) consecutive months — a one thousand dollar ($1,000.00) fine;
(3) Third and subsequent offenses within any continuous period of twelve (12) consecutive months — a two thousand dollar ($2,000.00) fine.
.0104 Person or Entity Operating a Short-Term Rental Without a Short-Term Rental Permit. The city may issue and a person or entity operating a short-term rental without a short-term rental permit may receive a civil citation therefor as follows: a five hundred dollar ($500.00) fine for each day that a violation occurs.
.020 Misdemeanor. In addition or in the alternative, any violation of this chapter may constitute a misdemeanor, which may be subject to the maximum punishment therefor as allowed by law.
.030 Public Nuisance. It is unlawful and a violation of this chapter, and is hereby declared a public nuisance, for any person to commit, cause or maintain a violation of any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter will be subject to civil action and/or criminal prosecution. Each and every day in which a violation is committed will constitute a new and separate offense. In addition, the operation or maintenance of an unpermitted short-term rental may be abated or summarily abated by the city in any manner by this code or otherwise provided by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the city in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.
.040 Modification, Suspension or Revocation. A violation of any provision of this chapter by any owner, owner's agent, local contact person, responsible person or occupant of a short-term rental shall constitute grounds for modification, suspension or revocation of the short-term rental permit as set forth in Section 4.05.140 of this chapter. When a violation occurs, it is not required that a warning or notice to cure must first be given in order to impose the sanction of modification, suspension or revocation of the short-term rental permit.
.050 Additional Remedies. The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law. (Ord. 6299 § 1 (part); May 13, 2014: Ord. 6374 § 1 (part); July 12, 2016: Ord. 6404 § 1 (part); April 4, 2017.)