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1369.12 ENFORCEMENT.
   No person shall violate any provision of this chapter or any rule or regulation promulgated thereunder or fail to comply therewith or with any written notice or written order issued thereunder by the Department.
(Ord. 2021-7. Passed 3-23-21.)
1369.13 NOTICE OF VIOLATIONS.
   (a)    Upon discovery of a violation of this Chapter, the Department shall issue a written notice of the violation to the Owner.
   (b)    The notice required in this Section shall be delivered by one or more of the following methods:
      (1)   Certified mail delivery (return receipt requested), which shall be deemed effective as of the date of receipt identified on the return receipt or as noted by the U.S. Postal Service;
      (2)   Courier service, which shall be deemed effective as of the date of receipt as identified by the courier service;
      (3)   Hand or personal delivery, which shall be effective when delivered to an adult at the Owner's address;
      (4)   Facsimile delivery, which shall be is effective when the facsimile transmission has been transmitted to the facsimile number provided for that purpose and the Department has received confirmation of the facsimile transmission;
      (5)   Electronic mail delivery is effective when the electronic mail has been sent to the Owner's electronic mail address without notice of rejection of message.
   (c)   It is not a defense to any subsequent enforcement action that the notice provided by the Department was not actually delivered to the Owner provided that one of the methods of delivery set forth in Section 1369.13(b) was attempted in good faith by the Department but was not accomplished through no fault of the Department.
(Ord. 2021-7. Passed 3-23-21.)
1369.98 DEFINITIONS.
   As used in this chapter:
   (a)    "Authorized Representative" means any individual, person, firm, partnership, corporation or company, other than an Owner, acting on behalf of an Owner of a Transient Rental Property responsible for ensuring compliance with all provisions of this Chapter and registered as the Owner's Authorized Representative with the Department.
      (1)   For purposes of this Chapter, actions taken by an Authorized Representative acting on behalf of the Owner shall have the same legal force and effect as if such acts were taken by the Owner.
      (2)    No Owner shall be absolved of individual liability solely on the basis that acts were taken by an Authorized Representative and not the Owner.
   (b)    "Application" means the submission of all information required by this Chapter, and payment of the required fees, for registering: (i) a Residential Premises as new Transient Rental Property to obtain a Transient Rental Registration Certificate; or (ii) to obtain a Renewal Transient Rental Registration Certificate. For avoidance of doubt, a new Transient Rental Property shall be considered a Transient Rental Property for which the Owner of has failed to maintain a valid or renewable Transient Rental Registration Certificate. (Ord. 2021-7. Passed 3-23-21.)
   (c)   "Calls for Service" means any and all calls, including, but not limited to, those to law enforcement, fire department, or emergency assistance of any kind when those calls result in a representative of a law enforcement agency, a fire department, or another emergency assistance service being dispatched or directed to the Residential Premises and;
      (1)   Allege criminal activity, including, but not limited to, disturbance of the peace that results in an arrest, charge or citation of persons occupying or on the premises of a Transient Rental Property; or
      (2)    Result in a reasonable finding by the Department, after review of relevant police, fire, and emergency run reports, of an imminent threat to safety of person(s) or property as a result of activities occurring on a Transient Rental Property. (Ord. 2021-29. Passed 8-10-21.)
   (d)   "Department" shall mean and refer to the Building and Zoning Department of the City of Huron.
   (e)   "Hosting Platform" means any person or entity in any form, format, or media that, in exchange for a fee, assists, facilitates, or provides a means through which an Owner may offer Residential Premises as Transient Rental Property and through which a Transient Guest can arrange use of a Transient Rental Property, whether the payment for the use of the Transient Rental Property is directly to the Owner or to the Hosting Platform.
   (f)    "Inspection Report" means the report issued by the Department containing the results of the Life Safety Inspection.
   (g)    "Life Safety Inspection" means that inspection performed by the Department prior to issuing or renewing a Transient Rental Registration Certificate.
   (h)    "Owner" means an individual, corporation, firm, partnership, association, organization, or any other person or entity (jointly or in combination) who has legal title to a Residential Premises. For purpose of this Chapter, an Owner includes anyone possessing a fee simple interest, vendee interest in a land contract, an estate for life or for years, in the Residential Premises including through a trust instrument or other conveyance of real property, or otherwise entitled to have legal or equitable title to real property registered in accordance with Sections 5309.05 or 5309.42 of the Ohio Revised Code.
   (i)    "Renewal Transient Rental Registration Certificate" means the Transient Rental Registration Certificate issued to a Residential Premises that was previously identified as a Transient Rental Property if the Application is approved prior to the date of expiration identified on the Transient Rental Registration Certificate.
   (j)    "Residential Premises" means any building, structure, or the part of a building or structure that is used or intended to be used as a home, residence, or sleeping place by one (1) or more persons and any adjacent or attached structures, grounds, areas, and facilities for the use of occupants generally or the use of which is promised an occupant, including Transient Guests.
   (k)    "Transient Guests" means persons, who in exchange for money or other financial compensation, occupy a room or rooms, Residential Premises or other property used for sleeping accommodations for less than thirty (30) consecutive days.
   (1)    "Transient Rental Registration Certificate" means the certificate issued with respect to a Transient Rental Property evidencing compliance with the requirements of this Chapter.
   (m)    "Transient Rental Property" means any Residential Premises, or part thereof, being utilized or otherwise made available to a Transient Guest within the City, if such Residential Premises is used by or made available to a Transient Guest for a period in excess of a combined period of thirty (30) days in any calendar year. "Transient Rental Property" does not include any Residential Premises which is the primary residence of the Owner if such Residential Premises is not occupied or made available to a Transient Guest in excess of a combined period of thirty (30) days in a calendar year.
      (Ord. 2021-7. Passed 3-23-21.)
1369.99 PENALTY; LEGAL ACTION.
   (a)    Except as otherwise expressly provided for elsewhere under the Codified Ordinance or the Ohio Revised Code, whoever violates any provision of this chapter or any rule or regulation promulgated thereunder or fails to comply therewith or with any written notice or written order issued thereunder shall be guilty of a first degree misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) and/or a maximum imprisonment term of six (6) months or both. Each day that such violation exists shall constitute a separate and distinct offense. Multiple violations can occur during a single guest stay and may be noticed and heard in a single action.
(Ord. 2021-29. Passed 8-10-21.)
   (b)    The imposition of any penalty as provided for in this chapter shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful use of property, require repair or maintenance, restrain, correct or abate a violation, prevent the occupancy of a Residential Premises, revoke a Transient s Registration Certificate, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations.
(Ord. 2021-7. Passed 3-23-21.)