As used in this chapter, the following terms shall have the
meanings indicated:
TRANSIENT RENTAL PROPERTY
A rental dwelling or dwelling unit occupied by persons other
than the owner or a family member of the owner and for which rent
is received by the owner, directly or indirectly, in exchange for
such rental occupation for a period of less than 28 nights. For the
purposes of this article, the term "transient rental property" shall
mean all non-owner-occupied dwelling units rented for a period of
less than 28 nights and shall not include:
A.
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
B.
Any legally operating hotel/motel business operating exclusively
and catering to transient clientele; that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing, travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel business.
There shall be a presumption of dwelling unit as transient rental
property shall exist if the following is found to exist:
A. The presence of the following shall create a presumption that a dwelling
unit is being used as a transient rental property:
(1) The dwelling unit or any room therein is offered for lease on a short-term
rental website, including Airbnb, Home Away, VRBO and the like for
a period of less than 28 nights.
(2) The dwelling offered for lease in any medium for a period of less
than 28 nights.
B. The foregoing presumption may be rebutted by evidence presented to
the Code Enforcement Official that the dwelling unit is not a transient
rental property.
No dwelling unit, whether single-family, multidwelling or mixed
residential use, shall be used or occupied as a transient rental property.
No rental permit shall be issued for the use of any property within
the Village as transient rental property.
Any person, association, firm or corporation who or which violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation, punishable:
A. By a fine of not less than $1,000 and not exceeding $5,000 or by
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense.
B. For any second conviction, committed within a period of 10 years
of the first conviction, such violation will be subject to a fine
of not less than $2,500 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both.
C. For any third conviction, committed within a period of 10 years of
the first conviction, such violation will be subject to a fine of
not less than $2,500 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both.
D. For any fourth or subsequent offense, after having been convicted
three or more times within a period of 10 years, such violation shall
be prosecuted as an unclassified misdemeanor, with a minimum fine
of $10,000 and a maximum fine of $30,000 and/or a maximum period of
incarceration of one year.