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The following persons are exempt from the registration requirement contained in section 1470.02: (i) a real estate professional licensed by the Commonwealth of Virginia Real Estate Board, (ii) a property owner who is represented by a real estate professional licensed by the Commonwealth of Virginia Reat Estate Board; (iii) a person registered pursuant to the Virginia Real Estate Time-Share Act (§§ 55-360 et seq.) of the Code of Virginia, 1950, as amended; (iv) a person licensed or registered with the Commonwealth of Virginia Department of Health, related to the provision of room or space for lodging; or (v) a person licensed or registered with the County of Loudoun, related to the rental or management of real estate, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.
(Ord. 18-09. Passed 5-1-18.)
(a) Upon written notice, an operator required to annually register a property pursuant to section 1470.02 who offers or uses such property without being registered in the short-term residential rental registry is subject to a penalty in the amount of $500 per violation up to a total of $5,000. A separate offense shall be deemed committed each day during or on which a property is offered or used as a short-term residential rental without registration after written notice of violation. Such operator may not offer or use, or continue to offer or use such property for short-term residential rental, unless and until the penalty is paid and the property is properly registered. The Director of Building and Development or his or her designee may, at his or her own discretion, waive such penalty if the failure to register was due to no fault of the operator.
(b) Upon written notice, of two or more violations of the registration requirement as it relates to a specific property, the operator of such property may be prohibited from registering said property and from offering or using such property as a short-term residential rental for one calendar year from the date of last notification of violation. Such prohibition may be rescinded for good cause by the Director of Building and Development or his or her designee.
(c) Upon written notice of more than three violations of applicable state and local laws, ordinances and regulations applicable to a property offered or used as short-term residential rental, an operator required to register such property may be prohibited from offering such specific property as a short-term residential rental within the County for one year from the date of last notification of violation. Such prohibition may be rescinded for good cause by the Director of Building and Development or his or her designee.
(Ord. 18-09. Passed 5-1-18.)
It shall be the responsibility of the Director of Building and Development or his or her designee to administer, interpret and enforce the provisions of this Chapter, who may be assisted by other officials of Loudoun County, Virginia, pursuant to their respective fields. The Director of Building and Development or his or her designee will send the written notices indicated in this section to the operator, and property owner if different, by mail to the mailing address of record or the property being offered or used as short-term residential rental, as such mailing address is listed in the real estate records of the Commissioner of the Revenue.
(Ord. 18-09. Passed 5-1-18.)
Nothing in this chapter shall be construed to prohibit, limit, or otherwise supersede existing Loudoun County ordinances and regulations that regulate short-term residential rental of property through general land use and Loudoun County's zoning ordinance. Nothing in this chapter shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the offering or use of a property, including recorded declarations and covenants; the provisions of condominium instruments of a condominium created pursuant to the Condominium Act (§§ 55-79.39 et seq.) of the Code of Virginia, 1950, as amended; the declaration of a common interest community as defined in § 55-528 of the Code of Virginia, 1950, as amended; the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§§ 55-424 et seq.) of the Code of Virginia, 1950, as amended; or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (§§ 55-508 et seq.).
(Ord. 18-09. Passed 5-1-18.)