A. The penalties set forth herein are cumulative, and the city may proceed under or more such penalties.
B. Notwithstanding any other provision of this Code, causing, permitting, facilitating, aiding, or abetting any violation of any provision of this chapter, or failing to perform any act or duty required by the chapter, is punishable as a class one misdemeanor, and shall also constitute a civil offense. Any person who admits, or is found responsible for a civil offense pursuant to this subsection shall be subject to a fine in the minimum amount of $500.
C. A civil penalty will be imposed against an owner for one or more verified violations received related to same vacation rental within the same 12-month period as follows:
1. For a first verified violation at a property, $500 or an amount equal to one night's rent for the vacation rental as advertised, whichever is greater;
2. For a second verified violation at a property, $1,000 or an amount equal to 2 nights' rent for the vacation rental as advertised, whichever is greater;
3. For a third verified violation and any subsequent offenses at a property, $3,500 or an amount equal to 3 nights' rent for the vacation rental as advertised, whichever is greater.
D. If multiple verified violations arise out of the same response to an incident at a vacation rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending a permit.
E. Notwithstanding the provisions of Title 1 any citation or courtesy notice issued for violations specified in this section may provide for a reasonable compliance date or time of less than 21 calendar days but at least 30 minutes from the date or the time the citation or pre-citation notice is given if, due to the nature of the violation, a shorter compliance period is necessary or appropriate, as determined in the reasonable judgment of the city official issuing the citation or notice.
F. A vacation rental permit may be suspended for a period of up to 12 months for the following verified violations associated with a property:
1. Three verified violations within a 12 month period, not including any verified 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 vacation rental by the vacation rental owner or owner's designee.
b. A serious physical injury or wrongful death at or related to a vacation rental resulting from the knowing, intentional or reckless conduct of the vacation rental owner or owner's designee.
c. An owner or 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 facility, in violation of a regulation or ordinance adopted under A.R.S. § 9-500.39(B)(3).
d. An owner or owner's designee knowingly or intentionally allowing the use of vacation rental for a special event that would otherwise require a permit or license pursuant to the city ordinance or state law or rule or for a retail, restaurant, banquet space or other similar use.
G. Notwithstanding the above, any attempted or completed felony act, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental for a period of time that shall not exceed 12 months.
H. In addition to any other penalty allowed by law, a civil penalty of $1,000 will be imposed against the owner for every 30 days the owner fails to provide contact information as required by A.R.S. § 9-500.39(B)(4).
I. A vacation rental that does not have an active vacation rental permit must immediately cease operations.
J. In addition to any other fines imposed, a civil penalty of $1,000 per month against the owner for failure to apply for a permit within 30 days after receiving written notice of the failure.
K. The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code or other public nuisance.
(Ord. 22-1297, passed 11-22-2022, eff. 3-1-2023; Ord. 19-1226, passed 11-26-2019)