.010 Authority to Modify, Suspend and/or Revoke Short-Term Rental Permit. In addition to any other penalty authorized by law, a short-term rental permit may be modified, suspended or revoked for any violation of this chapter or federal, state or local law in accordance with the provisions of this section.
.020 Major and Minor Violations. For purposes of this section,
.0201 A "major violation" consists of any of the following:
(1) Construction without a permit, excluding emergency repairs that are subsequently permitted;
(2) Any occupants engaging in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if occupants engage in any outdoor drunk or disorderly conduct during those hours;
(3) A short-term rental for less than the 3-night minimum;
(4) Exceeding occupancy limitations, including without limitation owner-imposed occupancy limits pursuant to paragraph .0103(e) of subsection .010 of Section 4.05.100 of this chapter;
(5) A violation of the prohibition for use of the short-term rental for non-lodging purposes, including but not limited to for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging;
(6) A violation of the requirement that the owner, the owner's agent and/or the local contact person, upon an enforcement officer's request, affirmatively respond within 45 minutes and reasonably cooperate in facilitating an investigation and the correction of a suspected violation of this Chapter;
(7) The unpermitted use of a garage as a game room or for sleeping purposes;
(8) A failure of the owner to obtain the signature of the primary occupant of the short-term rental acknowledging the rules;
(9) A violation of the city's Loud and Unreasonable Noise Ordinance;
(10) A failure to pay the Transient Occupancy Tax (TOT) required for the short-term rental;
(11) Criminal activities on the premises; however, a minor violation shall not be deemed a criminal activity for purposes of constituting a major violation merely because any violation of this Chapter may constitute a misdemeanor or a public nuisance; or
(12) Four (4) minor violations of any type in connection with the same short-term rental property during any continuous period of twelve (12) months.
.0202 A "minor violation" is any violation of any law, ordinance, resolution, or permit condition regulating short-term rentals or short-term rental properties or any other provisions of federal, state or local law that does not constitute a "major violation" as set forth above.
.030 Modification of Conditions; Suspension or Revocation of Permit. The Planning Director shall have the authority to impose additional conditions on any short-term rental permit in the event of any violation of any condition of the permit or any violation of this chapter or federal, state or local law. The Planning Director shall also have the authority to suspend or revoke a short-term rental permit for any two (2) major violations in connection with the same short-term rental property within a continuous period of twelve (12) months. A change of ownership shall have no effect on the accumulation of violations against the short-term rental property. Any modification of conditions or suspension or revocation of a short-term rental permit shall be in accordance with the following procedures. The Planning Director shall have the authority to impose additional conditions on any short-term rental permit in the event of any violation of any condition of the permit or any violation of this chapter or federal, state or local law. The Planning Director shall also have the authority to suspend or revoke a short-term rental permit for any two (2) major violations in connection with the same short-term rental property within a continuous period of twelve (12) months; except that one of these two major violations shall not result from aggregating minor violations into a major violation as described in Section 4.05.140.0201(12). The Planning Director shall also have the authority to suspend or revoke a short-term rental permit if ten (10) minor violations of any type have been committed in connection with the same short-term rental property during any continuous period of twelve (12) months. A change of ownership shall have no effect on the accumulation of violations against the short-term rental property. Any modification of conditions or suspension or revocation of a short-term rental permit shall be in accordance with the following procedures.
.0301 The Planning Director, or his/her authorized representative, shall conduct an investigation whenever he or she has reason to believe that an owner, an owner's agent or local contact person is in violation of, or has failed to comply with, any condition of the short-term rental permit, any requirements of this chapter or federal, state or local law.
.0302 Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Planning Director shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served on the owner, shall specify the facts which, in the opinion of the Planning Director, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within thirty (30) calendar days from the date the notice is given unless the owner or person aggrieved by the Planning Director's decision files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to Section 4.05.150. (Ord. 6299 § 1 (part); May 13, 2014: Ord. 6374 § 1 (part); July 12, 2016: Ord. 6393, § 4; January 10, 2017: Ord. 6404 § 1 (part); April 4, 2017.)