(A) Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense.
(B) Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town.
(C) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first-class U.S. Mail to the last known address of the STR owner or property management firm.
(2) Civil violations shall be subject to the following fines and penalties, per STR:
(a) First violation in any twelve (12) month period: $1,500.
(b) Second violation in any twelve (12) month period: $2,650.
(3) All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation.
(4) If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement.
(5) If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last-known address of the STR owner, or to the local representative or property management firm.
(D) Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1
of this Code.
(E) Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR.
(F) Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter.
(G) Prior Violations: Any violations of the prior version of this Chapter shall count toward the number of violations for the particular property.
(Ord. 19(2018) § 1; Ord. 11(2022) § 1)