[Ord. No. 16-2018 § 1]
As used in this Chapter:
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.
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.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
