(A) Violations. It shall be a violation of this subchapter to:
(1) Operate an STR without complying with the requirements of this subchapter and the town code;
(2) Expand the allowable occupancy of an STR without obtaining a new permit;
(3) Advertise, hold out, offer or otherwise make available, a property as being available as an STR without first complying with the requirements of this subchapter; including the following:
(a) Advertise an STR as being available for more overnight occupants than are permitted pursuant to this subchapter;
(b) Advertise more STRs on a property than are permitted pursuant to this subchapter;
(c) Advertise a property as an STR, "special event" house or similar use for events or parties exceeding the maximum overnight occupancy of each rental dwelling.
(4) Operate an STR that has received four or more notifications by the town of occupant or guest violations, including but not limited to, the town's noise ordinance, excessive trash or debris, or exceeding maximum occupancy during any rolling one-year period.
(a) Conveyance of the residential dwelling unit to a new owner shall cause the rolling one-year period to restart, unless the new owner retains some common ownership interest with the prior owner.
(b) For the purpose of determining the total number of notifications to the STR operator, all written warnings and violations occurring within a single rental contract period shall be considered one violation.
(B) Penalties. No permit may be issued or approved unless the requirements of this chapter, or any ordinance adopted pursuant to it, have been met.
(1) The STR operator shall be subject to graduated penalties as the STR operator receives notifications as provided in this section. The permittee may respond within ten days of receiving the certified notice, with evidence that demonstrates that the notice was issued in error, and town staff may reconsider and withdraw the notice. Final decisions shall be made by the Zoning Administrator, or his or her designee, in writing and shall be provided to the permittee, or his or her agent, within 30 days of the permittee's request. The notice of violation shall be rescinded should the town fail to respond within the proscribed time period. The graduated penalties are:
(a) First violation. A description sent to the STR operator of the violation and a warning that progressive action shall be taken by the town in the case of further violations.
(b) Second violation. A description sent to the STR operator of the violation and a second warning that progressive action shall be taken by the town in the case of further violations.
(c) Third violation. A description sent to the STR operator of the violation, a penalty of $500, and a third warning that progressive action shall be taken by the town in the case of further violations.
(d) Fourth violation. A description sent to the STR operator of the violation, notice of the STR permit revocation, and initiation of business license revocation procedures pursuant to § 110.15 of this code, or notice that the license will not be renewed.
(D) Administrative revocation. Notwithstanding the general penalty provisions of § 10.99 of this code, an STR permit may be administratively revoked by the Zoning Administrator, or his or her designee, if the STR has violated the provisions of this subchapter on three or more occasions during a rolling one-year period. Provided however, an STR permit may be immediately revoked if the Planning Director determines the STR has building code violations, there is no business license for the STR, the STR is being used in a manner not consistent with the permit issued for the STR use, or the advertisement for the STR does not include the town-issued permit number and business license number.
(E) Appeals. If a permit is administratively revoked or an application is administratively denied, an STR operator may appeal the Zoning Administrator's administrative decision revoking or denying the permit to the Board of Zoning Appeals within 30 calendar days from the date of the denial or revocation. All appeals shall be addressed in accordance with the appeal procedures of § 156.411 et seq.
(F) Subsequent applications. Once a town-issued permit and/or a business license for STR use has been revoked, no new permit and/or business license for an STR use shall be issued to the same STR operator for a period of one year from the date of revocation. Upon expiration of the revocation period, a new permit application for an STR use must be submitted in accordance with this subchapter.
(G) The owner of a residential dwelling unit operating as a short-term rental without a valid permit shall, upon conviction, be punished by a fine not to exceed $500, or imprisonment for not more than 30 days, or both, and/or shall be subject to a civil penalty that shall not exceed $1,000, not including attorney's fees and costs to collect and enforce the civil penalty, including, but not limited to, any proceedings to create a lien on any property owned by the owner of the residential dwelling unit for any unpaid civil penalties. Further, the owner of a residential dwelling unit operating as a short-term rental without a valid permit cannot apply for any STR permit within one year from the date of conviction and/or date of assessment of civil penalty.
(Ord. 19048, passed 8-13-19; Am. Ord. 21019, passed 4-13-21; Am. Ord. 22052, passed 12-8-22; Am. Ord. 23010, passed 4-11-23)