(A) The Town Manager or designee shall initiate suspension proceedings against a short-term rental license for any of the following.
(1) Three verified violations within a 12 month period, not including any such violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
(2) One verified violation that results in or constitutes any of the following:
(a) A felony offense committed at or in the vicinity of a short-term rental by the owner of the short-term rental or by the owner’s designee;
(b) A serious physical injury or wrongful death at or related to a short-term rental resulting from the knowing, intentional, or reckless conduct of the owner of the short-term rental or the owner’s designee;
(c) An owner of the short-term rental or the owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult oriented businesses, sexual offenses, or prostitution, or operating or maintaining a sober living home unless authorized as a community residence pursuant to the town zoning code; or
(d) An owner of the short-term rental or the owner’s designee knowingly or intentionally allowing the use of a short-term rental for a special event, as defined in § 114.03 of this code, that would otherwise require a special event permit pursuant to Ch. 114 of this code, any other license or permit pursuant to the town code or a state law or rule; or for a retail, restaurant, banquet space or other similar use.
(B) The Town Manager or designee shall give notice of any suspension, and the right of appeal from the suspension, as provided for in this chapter.
(C) Any final suspension shall be for a period of one year except that a Hearing Officer may reduce the suspension period to a period of six months upon a finding that the owner of the short-term rental has taken substantial and significant steps to prevent the recurrence of the actions that led to the suspension.
(Ord. O2023-02, passed 7-17-23)