[Ord. No. 16-2018 § 1]
As used in this Chapter:
- HOSTING PLATFORM
- Shall mean a marketplace in whatever form or format which facilitates the Vacation Rental, through advertising, match-making or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
- PERMANENT RESIDENTS
- Shall mean a person who occupies a dwelling unit or accessory building or structure, for at least 60 consecutive days with intent to establish that unit as his or her primary resident and may be an owner or a lessee.
- VACATION RENTAL
- Shall mean rental of: (i) any dwelling unit, accessory building or structure, garage, attic, or basement, in whole or in part; or (ii) any furniture within any dwelling unit, accessory building or structure, garage, attic, or basement, within the Town of Guttenberg, to any person(s) for exclusive transient use of 30 consecutive days or less, regardless of whether one of the dwelling unit's Permanent Residents is on-site, in the dwelling unit, throughout the visitors' stay, and whereby the unit is only approved for permanent residential occupancy and not approved for transient occupancy by this Chapter. Rental of units within Town approved hotels, motels and bed and breakfasts shall not be considered Vacation Rental.
[Ord. No. 16-2018 § 2]
No person, including any Hosting Platform operator, shall undertake, maintain, authorize, aid, facilitate or advertise any Vacation Rental activity that does not comply with this Code.
[Ord. No. 16-2018 § 3]
The Mayor and Council of the Town of Guttenberg may promulgate regulations, which may include but are not limited to permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.
The Mayor and Council of the Town of Guttenberg may establish and set all fees and charges as may be necessary to effectuate the purpose of this Chapter.
[Ord. No. 16-2018 § 4]
Violation of any provision of this Chapter shall be cause for a Municipal Court summons to be issued by the Police Department, Code Enforcement Official, or Health Officer.
Violations of the provisions of this Chapter shall be punishable for the first offense of a minimum fine of $500. Every subsequent offense shall be punishable by a minimum fine of $1,000 payable through the Municipal Court Violations Bureau.
Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse the Town and other participating law enforcement agencies their full investigative costs and remit all illegally obtained rental revenue to the Town so that it may be returned to the victims of illegal short term rental activities.
Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.
The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.