A. Additional Conditions: A violation of any provision of this chapter by any of the occupants, owner(s), local contact person, or the operator shall authorize the building official or designee to impose additional conditions on the use of any given tourist home to ensure that any future violations are avoided, and to minimize any adverse affects on surrounding property owners.
B. Permit Modification, Suspension And Revocation: A violation of any provision of this chapter by any of the occupants, owner(s), local contact person, or the operator shall constitute grounds for modification, suspension and/or revocation of the short term rental operator permit and/or any affiliated licenses or permits.
1. The building official, or designee, shall give to the operator and/or owner written notice of the modification, suspension or revocation of the permit, the violation giving rise to the action, and the date and time of the violation(s), and notice of the opportunity and process to appeal the decision to the city council. The notices required in this section may be served personally or by mail.
2. Appeals of the action by the building official may be had by filing a request for an appeal within twenty eight (28) days of mailing, or if the notice is hand delivered within twenty eight (28) days of delivery, with the Kellogg city clerk. Upon receipt of an appeal (and the requisite appeal fee) a hearing time and date will be set before the city council. The operator and/or owner shall be given ten (10) days' written notice specifying the: a) time and place of hearing, and b) requiring the operator and/or owner to show cause why the short term rental operator permit should not be modified, suspended or revoked.
3. If the permit is revoked, and the revocation is not subsequently rescinded by the city council, the city clerk/treasurer or his/her designee shall not issue a new short term rental operator permit for twelve (12) months after revocation. During the period of time while such a permit is suspended, revoked or otherwise not validly in effect, the use of the dwelling as a short term rental unit is prohibited.
C. Notice Of Violation: The city may issue a notice of violation to any occupant, owner(s) or operator, pursuant to this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.
D. Penalties: The city may impose a civil penalty upon any occupant, owner(s) or operator, or pursue criminal enforcement, pursuant to the provisions set forth in title 1, chapter 8
of this code,
1. Civil Penalty: The city may impose a civil penalty upon any occupant, owner(s) or operator, pursuant to the provisions set forth in title 1, chapter 8 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: a) a civil fine/penalty infraction fine in an amount not to exceed three hundred dollars ($300.00) for a first offense in twelve (12) months; b) for a second violation of the same offense within a twelve (12) month period of the date of the first offense, a misdemeanor fine in an amount not to exceed seven hundred fifty dollars ($750.00) and the suspension of the permit for a term of two (2) years.
a. Notice And Hearing:
(1) Any civil penalty, administrative action, or administrative fee imposed pursuant to the above provisions may be appealed to the city council by filing, within thirty (30) days after receiving notice, a written request for a hearing before the city council to contest the civil penalty, administrative action, or administrative fee.
(2) The hearing shall be informal and strict rules of evidence shall not apply. The alleged violator may be represented by licensed legal counsel; present oral and written evidence and cross examine witnesses.
(3) The city council shall issue a decision within a reasonable time after the close of the hearing and shall notify the alleged violator in writing of the decision.
(4) If the alleged violator fails to appear at a hearing or fails to request a hearing, it shall be conclusively established that this chapter was violated, and the civil sanctions shall apply.
(5) Appeals of a decision of the city council must commence within thirty (30) days, by filing a complaint for judicial review in the district court.
2. Criminal: Notwithstanding the above, operating a tourist home without a validly issued short term rental operator permit shall be subject to title 1, chapter 8 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein: a) a misdemeanor fine in an amount not to exceed three hundred dollars ($300.00) for a first conviction of an offense in twelve (12) months; b) for a second conviction of the same offense within a twelve (12) month period of the date of the first offense, a misdemeanor fine in an amount not to exceed one thousand dollars ($1,000.00), and one year in jail.
E. Appeal: Any civil penalty or criminal citation shall be subject to further actions in the courts of Shoshone County, Idaho, subject to the procedures outlined herein.
F. Public Nuisance: It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of title 1, chapter 8
of this code. (Ord. 581, 5-11-2016)