The following conduct shall constitute a violation for which the penalties and sanctions specified in this section may be imposed:
(A) Violations.
(1) The rental guests of the Short-term Rental residential dwelling unit have created noise, disturbances, or nuisances, in violation of this code, or have disrupted the peaceful enjoyment of neighbors. Each incident shall be counted as a separate violation, even within the same day.
(B) Penalties.
(1) For the first two violations within a 12-month period, the sanction shall be a warning notice.
(2) For the third violation within a 12-month period, the sanction shall be a revocation of the Permit.
(C) Written notice. The Town shall provide the Permit holder with 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 as well as the owner. First-class mailing by United States Postal Service shall constitute adequate notice. Email shall also constitute adequate notice, provided the email doesn’t ‘bounce’ or is otherwise returned undeliverable within 24 hours of sending.
(D) Appeal of suspension or revocation. Pursuant to this section, the Town shall provide the Permit holder with a written notice of the Permit suspension or revocation and the reasons, therefore. The Permit holder may appeal the suspension or revocation and seek review of the decision, in which case the Town Council shall govern the hearing and appeal processes.
(E) 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 one year from the date of revocation.
(F) Infraction. Unless otherwise provided, any person who shall commence or continue to operate a Short-term Rental for which a valid Permit is required by any provision of this title without first procuring the same shall be deemed guilty of an infraction. Property owners who are found to be operating a Short-term Rental Unit without a Permit will receive a fine and notice of violation in writing from the Town. The notice of violation will require that the violator file an Application for a Short-term Rental Permit within 14 days of receipt of the violation notice in the event they desire to continue offering Short-term Rentals. Anyone who has received a notice of violation and does not apply for and receive an approved Permit, but subsequently rents to another Short-term Rental guest, will be given a citation requiring a mandatory court appearance. A property owner that continues to rent to a Short-term Rental guest will receive another citation for a mandatory court appearance and the ability to apply for a Short-term Rental Permit will be suspended for one year. (See § 35.01 Bond Schedule and Court Appearances.)
(G) An advertisement promoting the availability of Short-term Rental property in violation of Town code is prima facie evidence of a violation and may be grounds for denial or revocation of a permit. 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. 2024-01, passed 3-12-2024)