A. Violations:
1. It is unlawful for any responsible party to offer for rent a short-term rental or to operate a short-term rental without a City permit.
2. It is a violation of this article if a responsible party, or an occupant or guest knowingly and willfully violates any provision of this article.
B. Penalty:
1. For a first offense, the violator shall be subject to a civil penalty in an amount established by resolution of the City Council.
2. For any subsequent offense, the violator shall be subject to a misdemeanor, pursuant to section 1.28.010 of this Code.
3. In addition to any other remedy or procedure authorized by law, for three (3) or more violations of or failure to comply with any of the standards of this article in a calendar year, the City Clerk or his/her designee may revoke any or all of the owner's permits and, in addition, may order that no new permit shall be issued for up to three (3) years pursuant to the following procedures.
a. Prior to the revocation of any permit or the denial of a permit for repeated violation of the provisions of this article, written notice of the reasons for such action shall be served on the owner and/or responsible party in person or by certified mail at the address on the permit application. Revocation shall become final within ten (10) days of service unless the owner and/or responsible party appeals the action. The owner and/or responsible party shall provide the appeal in writing to the City Clerk or his/her designee within ten (10) days of receipt of the notice. The written notice of appeal must state the reasons for the appeal and the relief requested.
b. Should the owner and/or responsible party request an appeal within the ten (10) day period, the City Clerk or his/her designee shall notify the owner and/or responsible party in writing of the time and place of the hearing.
c. Appeals shall be heard by a neutral Hearing Officer designated by the City.
d. For good cause shown, the Hearing Officer may affirm or reverse the decision to revoke a permit. The Hearing Officer may affirm, reverse, or modify a decision to deny a new permit upon a showing of good cause. (Ord. 3594, 2017)