§ 92.71 ADVERTISING ON A HOSTING PLATFORM.

   (A)   Short-term rentals registered in accordance with § 92.66 may be advertised for short-term stays of less than thirty (30) days on a hosting platform. A host and/or property owner that advertises an un-registered short-term rental on a hosting platform is subject to enforcement as stated in §§ 92.72 and 92.99(E).

   (B)   The Tax Collector may request that a hosting platform remove any listing or short-term rental advertisement from the platform where the registration number associated with a short-term rental listing is invalid, expired, or has been revoked. The Tax Collector must identify the listing(s) to be removed by the listing URL and displayed registration number (whether valid or invalid) and state the reason for removal. The hosting platform shall remove the listing within ten (10) business days of notification by the Tax Collector.

   (C)   (1)   The Tax Collector may request that a hosting platform provide the following information to the City of Pikeville on a monthly basis:

         (a)   The total number of short-term rentals in City of Pikeville that were listed on the platform during the applicable reporting period; and

         (b)   The total number of nights all short-term rental units were rented through the platform during the applicable reporting period.

      (2)   These reports shall be due at the end of each month to include information from the preceding month.

   (D)   (1)   Pursuant to KRS 65.8821, the Code Enforcement Board shall have the authority to subpoena information from any hosting platform. Any such subpoena shall:

         (a)   Be submitted in writing by the Code Enforcement Board attesting that City of Pikeville has a reasonable belief based on evidence that a short-term rental may be in violation of §§ 92.65 through 92.72:

         (b)   Be served on the platform via its registered agent;

         (c)   Be related to a specific investigation by City of Pikeville relating to a short-term rental that is identified in the subpoena; and

         (d)   Identify the alleged violations of §§ 92.65 through 92.72.

      (2)   The platform shall notify their user/host of the information requested in the subpoena within ten (10) business days of receiving the subpoena and produce responsive records within twenty-one (21) days of providing notice to the user/host, except to the extent that the user/host has sought relief in a court of competent jurisdiction.

(Ord. O-2020-02, passed 3-23-20)