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A residential unit subject to the provisions of this Section that is also subject to the Room Occupancy Excise under M.G.L Chapter 64G or any other excise or surcharge pertaining to short-term rentals or transient occupancy shall comply with the provisions of said statutes. Notwithstanding any provision or requirement to the contrary, an operator may use a Booking Agent for the purposes of collecting and remitting the applicable room occupancy excise to the commonwealth, and said booking agent shall enter into an agreement with the city for the collection and remittance of such tax. If an operator does not use a booking agent to collect payment for a short-term rental, the operator shall be responsible for collecting and remitting the applicable room occupancy excise tax to the commonwealth.
(Ord. 2018 c. 5 § 1)
(A) Complaint. A complaint alleging that a residential unit is in violation of this Section or any applicable law, code or regulation may be filed with ISD. The complaint must contain the residential unit’s address, unit number, date and nature of alleged violations) and name and contact information of complainant.
(B) Review of complaint. Within 30 days after receipt of a complaint, the Commissioner, or a designee, shall investigate the complaint and shall determine whether mere may be a violation. If the alleged violation is under the jurisdiction of another city or commonwealth or federal Agency, the Commissioner shall refer the complaint to such Agency for further action. Upon a finding of a potential violation, the Commissioner, or designee, shall serve notice of the violation upon the operator of the residential unit at issue, if such unit is listed on the Short-Term Rental Registry, and upon the owner or resident agent of record of the residential unit at issue, if such unit is not listed on the Short-Term Rental Registry. The Commissioner shall keep records of all complaints received and determinations made.
(C) Right to hearing. A person upon whom a notice of violation has been served may request a hearing from ISD by filing a written petition requesting a hearing on the matter with ISD within 14 days after the day the notice of violation was served. Upon receipt of a petition for hearing, ISD shall notify the complainant of the place, date and time of the hearing. The hearing shall occur no later than two weeks after the date ISD receives the petition for hearing. The time period in which violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held and the Commissioner, or designee, has issued a decision.
(D) Decision.
(1) Within seven days after the conclusion of the hearing, the Commissioner, or designee, shall sustain, modify or withdraw the notice of violation and shall inform the person upon whom a notice of violation has been served, in writing, of its decision and the reasons therefor. If ISD sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted as issued or in the modification.
(2) If a written petition for a hearing is not filed with ISD within 14 days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute a separate violation.
(E) Judicial appeals. Any person aggrieved by a final decision of ISD with respect to a notice of violation or any other order issued under this Section may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the commonwealth.
(CBC 1985 9-14.8; Ord. 2018 c. 5 § 1)
(A) Offering an ineligible unit as a short-term rental. Any person who offers a unit as a short-term rental, or any booking agent who accepts a fee for booking a unit as a short-term rental, where such unit is not an eligible residential unit, shall be fined $300 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation. The Commissioner, or a designee, may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental.
(B) Failure to register. Any person who offers an eligible residential unit as a short-term rental without registering with ISD, or any person who offers an eligible residential unit as a short-term rental while the unit’s registration on the Short-Term Rental Registry is suspended, shall be fined $100 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation.
(C) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this Section by the Commissioner, or a designee, for a violation of any provision of this Section shall be fined $100 dollars per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation.
(CBC 1985 9-14.9; Ord. 2018 c. 5 § 1)
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