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Each of the following acts or omissions related to the operation or use of a homeshare or vacation rental is unlawful and constitutes a violation of this article. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or vacation rental. Each day a violation occurs constitutes a separate, additional violation:
(A) Engaging in an act in violation of the permitting requirement of section 16-663(A);
(B) Failure to comply with an operational standard of section 16-667;
(C) Failure to comply with a property management requirement of section 16-668;
(D) Failure to comply with the complaint investigation, resolution and/or reporting requirements of section 16-669.1; and
(E) Failure to timely remit to the city any cost or fee pursuant to this article.
(Ord. No. 2969)
(A) The community development director may revoke, or suspend a vacation rental or homeshare permit for one or more of the following reasons:
(1) A property transfer triggering property tax reassessment pursuant to the Cal. Rev. and Tax. Code, Sections 60 et seq., as determined by the Ventura county assessor such that the vacation rental or homeshare permit associated with the property shall expire and shall also become nonrenewable at the time of the property transfer.
(2) The permittee has made a false, misleading or fraudulent statement of material fact in the application for the vacation rental or homeshare permit, in the information required to be submitted to the city, or in response to inquiries by the city.
(3) The permittee engaged in any of the following conduct related to this article that:
(a) Resulted in a citation or conviction against the permittee;
(b) Violated local, State or federal law;
(c) Constituted a public nuisance;
(d) Breached any condition, requirement, or restriction of the vacation rental or homeshare permit; or
(e) Constituted a hazard to public peace, health, or safety.
(4) Failure to pass inspections required under the provisions of section 16-664.
(5) Three or more verified and valid complaints of any violation of the Oxnard city code, State or federal law, as determined by the community development director, within a 12-month period, shall be grounds for permit revocation.
(B) A vacation rental or homeshare permit may be revoked, suspended, or additional conditions may be imposed by the community development director by providing written notice to the permittee setting forth the basis of the intended action and giving the permittee an opportunity, within 14 calendar days, to present responding information to the community development department.
(C) After the 14-day period, the community development director shall determine whether to revoke the permit, suspend the permit, or impose additional conditions upon the permit and thereafter, give written notice of its decision to the permittee. The permit shall be deemed to be valid until the written notice of the decision has been issued.
(Ord. No. 2969)
Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Oxnard. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Oxnard may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the person/s or entity to which the STR permit was issued and by tenants under contract to use the STR. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his or her designee(s), may take immediate action to temporarily suspend a STR permit issued by the city, pending a hearing before the city manager, or his or her designee(s).
(Ord. No. 2969)
Each and every violation of the provisions of this article may at the discretion of the district attorney or city attorney be prosecuted as an infraction or misdemeanor and upon conviction be subject to a fine not to exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 and revocation of the permit for a period of two years after which the property owner would have to reapply for the third violation. Each day a violation is committed or permitted to continue shall constitute a separate offense. The fine for operating an unlicensed and/or unpermitted STR shall be $5,000 per day.
(Ord. No. 2969)