The following conduct shall constitute a violation or infraction 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) Operating without a short-term rental permit.
(a) 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.
(b) 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 fourteen (14) days of receipt of the violation notice in the event they desire to continue offering short-term rentals.
(c) A property owner who has received a notice of violation for operating a short-term rental unit without a permit 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. (See § 35.01 Bond Schedule and Court Appearances.)
(d) If after receipt of a citation requiring a mandatory court appearance, a short-term rental property owner fails to appear and continues to rent to a short-term rental guest, the short-term rental property owner will receive another citation for a mandatory court appearance. Continued non-compliance by the short-term rental property owner will result in the following successive actions:
1. A summons to appear will be issued by the Lincoln County Sheriff's Office.
2. A bench warrant will be issued.
3. The Town will send a cease-and-desist letter to the short-term rental property owner and the Special Municipal Officer will post a notice of non-compliance on the short-term rental unit.
4. The short-term rental property owner's ability to obtain a short-term rental permit will be suspended for one year.
(2) Any person or entity violating any other provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the general penalty as provided in § 35.01 Bond Schedule and Court Appearances.
(a) Three violations of this chapter within a 12-month period shall result in revocation of the short-term rental 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 any 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 is not returned undeliverable within 24 hours of sending. Permit holders are required and responsible to provide (and update as necessary) the Town with current email address(es) for the permit holder and Local Representative.
(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) Any listing on a short-term rental website which indicates available dates for rental, or other advertisement promoting the availability of a 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, or rental agreements which reference the dates of a stay when the property was without a valid permit, filing of a short-term rental complaint by a resident or neighbor, or receipts or bank statements showing payments to the owner by a guest.
(Ord. 2024-01, passed 3-12-2024; Ord. 2024-19, passed 12-10-2024)