(A) Violations as municipal civil infractions. Any person who violates any of the provisions of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to an increased civil fine as follows:
(1) The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500, plus costs and other sanctions.
(3) A repeat offense means a second (or any subsequent) violation of this chapter:
(a) Committed by a person within any three month period; and
(b) For which the person admits responsibility or is determined to be responsible.
(B) Revocation of registration.
(1) Offenses warranting revocation. The village may revoke the short-term rental permit for any short-term rental which is the site of at least three separate incidents (occurring on three separate days) within a calendar year resulting in a plea of responsibility (with or without an explanation), a plea of guilty, a plea of no contest, or a court's determination of responsibility or guilt by the owner, local agent, or any renter for a violation of one or more of the following:
(a) Any provision of this chapter;
(b) The village noise and nuisance ordinance;
(c) Any violation of the zoning ordinance or any permit or approval issued pursuant to the zoning ordinance.
(2) Revocation procedure. Upon a determination by the village that the short-term rental permit is subject to revocation pursuant to division (B)(1), the village shall issue a notice to the property owner and the local agent stating that the village intends to revoke the short-term rental permit. The notice shall inform the owner and local agent of a right to a hearing to show cause as to why the short-term rental permit should not be revoked, if a hearing is requested within 14 days of the service of the notice. If a hearing is timely requested, the village shall schedule the hearing before the Village Manager and notify the owner and local agent in writing of a time and place for that hearing. At the hearing, the owner and local agent may present evidence that the requirements for revocation provided in division (B)(1) are not satisfied, or that the property owner and local agent should not be held responsible for one or more of the three requisite violations due to extenuating circumstances. Extenuating circumstances may include circumstances such as:
(a) The violation was committed by a non-renter and the renter(s) attempted to prevent or halt the violation;
(b) The violation resulted from an act of God; or
(c) Other circumstances that the owner or the owner's agent could not reasonably anticipate and prevent, and could not reasonably control.
(3) Revocation period and effect. Upon revocation of registration, a dwelling unit cannot be re-registered for a period of one year, and cannot be used for short-term rentals until re-registered.
(C) In addition, the village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter.
(Ord. 210, passed 6-14-2017; Ord. 215, passed 12-12-2018)