(A) Revocation procedure. The written notice of the charges and the notice of the hearing shall be personally served on the owner or agent or served on the owner by certified mail, restricted delivery, not less than 14 days before the hearing before the Enforcement Officer.
(1) Upon a finding by the Enforcement Officer of a first or second violation within any 12-month period, the short-term rental shall be subject to a fine as provided in § 114.08.
(2) Upon a finding by the Enforcement Officer of a third violation within any 12-month period, the short-term rental registration may be revoked and the owner or local agent who had been issued the short-term rental registration shall not again be issued a short-term rental license for a period of 12 months and during said time the premises shall not be utilized for a short-term rental.
(3) Upon a finding by the Enforcement Officer of a fourth violation within any 24-month period, the short-term rental registration and license may be revoked and the owner who had been issued the short-term rental registration and license shall not again be issued a short-term rental registration or license under that ownership name and the premises shall not be utilized for a short-term rental.
(B) A minimum of a 14 day notice will be given to owners and agents for any suspensions. Appeal from denial or suspension or revocation of a short-term rental registration is allowed.
(C) Appeal procedure. Upon a determination by the Enforcement Officer that the registration of a dwelling unit is subject to revocation pursuant to division (A)(3) of this section, the Enforcement Officer shall issue a notice to the owner, agent and all property owners within 100 feet of the registered STR stating that the city intends to revoke the rental registration.
(1) The notice shall inform the owner and local agent of a right to a hearing to show cause as to why the registration should not be revoked. If a hearing is requested and the fee is paid within 14 days of the service of the notice, the city shall schedule the hearing before the Short Term Rentals Appeals Board established by Council and notify the owner and agent in writing of a time and place for that hearing.
(2) At the hearing, the owner and agent may present evidence that the requirements for revocation are not satisfied, or that the property owner and agent should not be held responsible for one or more of the three requisite violations due to extenuating circumstances. Extenuating circumstances may include circumstances that the owner or the owner’s agent could not reasonably anticipate and prevent, and could not reasonably control.
(3) The Short Term Rentals Appeals Board shall independently determine whether there is competent, material and substantial evidence establishing a violation of this division (C), and/or whether there is competent, material and substantial evidence establishing that extenuating circumstances exist.
(Ord. 815, passed 2-17-2020)