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(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)
(A) Enforcement by city. The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and, if applicable, by seeking to restrain a violation by injunction. The provisions of this Section may also be enforced according to M.G.L. Chapter 40U as accepted by the city, also known as the “Green Ticket” Law.
(B) Enforcement by booking agent.
(1) The Commissioner shall enter into agreements with booking agents for assistance in enforcing the provisions of this Section, including, but not limited to, an agreement whereby the booking agent agrees to remove a listing from its platform for exceeding the maximum number of days a residential unit may be offered as a short-term rental, whereby the booking agent agrees to remove a listing from its platform that is deemed ineligible for use as a short-term rental under the provisions of this Section, and whereby the booking agent agrees to prohibit a host from listing any listing without a valid registration number from the city.
(2) Any booking agent that fails to enter into such agreements to actively prevent, remove or de-list any ineligible listings shall be prohibited from conducting business in the city.
(CBC 1985 9-14.10; Ord. 2018 c. 5 § 1)
A booking agent shall provide to the city, on a monthly basis, an electronic report, in a format determined by the city, in consultation with ISD, DoIT and DND, of the listings maintained, authorized, facilitated or advertised by the booking agent within the city for the applicable reporting period. The report shall include a breakdown of where the listings are located, whether the listing is for a room or a whole unit, and shall include the number of nights each unit was reported as occupied during the applicable reporting period.
(CBC 1985 9-14.11; Ord. 2018 c. 5 § 1)