A. The following conduct shall constitute a violation for which the penalties and sanctions specified in this section may be imposed:
1. Violations:
a. The tenants of the dwelling have created noise, disturbances, or nuisances, in violation of this Code, or violations of State law pertaining to the consumption of alcohol, or the use of illegal drugs.
b. The owner has failed to comply with the standards of section 3-12-4 of this chapter.
2. Penalties:
a. For the first two (2) violations within a twelve (12) month period, the sanction shall be a warning notice.
b. For the third violation within a twelve (12) month period, the sanction shall be a revocation of the permit.
3. Written Notice: The City shall provide the permit holder with a written notice of any violation of this section that has occurred. If applicable, a copy of the warning notice shall be sent to the local representative.
4. Appeal Of Suspension Or Revocation: Pursuant to this section, the City shall provide the permit holder with a written notice of the permit suspension or revocation and the reasons therefor. The permit holder may appeal the suspension or revocation to the City Council by filing a letter of appeal to the City Clerk within twenty (20) days after the date of the mailing of the Planning Director's order to suspend or revoke the permit. The Planning Director's suspension or revocation shall be stayed until the appeal has been determined by the City Council. The City Council shall conduct a hearing on the appeal within sixty (60) days of the date of the filing of the letter of appeal. At the appeal, the permit holder may present such evidence as may be relevant. At the conclusion of the hearing, based on the evidence it has received, the Council may uphold, modify, or overturn the decision of the Planning Director to suspend or revoke the permit based on the evidence received.
5. Application For Permit After Revocation: A person who has had a short term rental permit revoked shall not be permitted to apply for a subsequent short term rental permit for a period of two (2) years from the date of revocation.
6. Infraction: Unless otherwise provided, any person who shall commence or continue to operate a short term rental for which a permit is required by any provision of this title without first procuring the same shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined one hundred dollars ($100.00). An infraction is a civil public offense, not constituting a crime, for which no period of incarceration is imposed. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
7. Advertisement Of Short Term Rental: An advertisement promoting the availability of short-term rental property in violation of this Code is prima facie evidence of a violation and may be grounds for denial, suspension or revocation of a license.
Advertising that offers a property as a residential short- term rental shall constitute prima facie evidence of the operation of a residential short-term rental and the burden of proof shall be on the owner, operator, or lessee of record to establish that the subject property is being used as a legal residential short-term rental or is not in operation.
Any communication by a property owner, manager, operator, or lessee to any person where the owner, manager, operator, or lessee offers their home for rent as a residential short- term rental shall constitute prima facie evidence of the operation of a residential short-term rental and the burden of proof shall be on the owner, operator, or lessee of record to establish that the subject property is being used as a legal residential short-term rental or is not in operation.
Other evidence of the operation of a residential short-term rental without a valid permit number may include, but is not limited to: guest testimony, rental agreements, advertisements, and receipts or bank statements showing payments to the owner by a guest. (Ord. 1353, 6-6-2018)