SEC. 16-671. COMPLAINTS AND VIOLATIONS.

Editor’s note:

There was no text for this section provided in the ordinance creating this section (Ord. No. 2969).

(A) Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or vacation rental shall be directed to the vacation rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or vacation rental.

(B) Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or vacation rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this article the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within 30 minutes, or within 15 minutes during the quiet hours between 10:00 p.m. and 7:00 a.m.. after the complaint is first received.

(C) Within 24 hours after first receiving a complaint pursuant to subsection (B) above, the property manager or owner shall complete the online reporting form provided by the community development director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken: and (3) describe the resolution or current status.

(D) A property manager’s or owner’s failure to promptly resolve a complaint pursuant to subsection (B) above which the planning division deems to be valid, or to timely and fully report the complaint to the community development director or designee on the online reporting form, shall each constitute a separate violation of this article. (E) Individuals who file false reports of nuisance activities or other violations of this article shall be subject to fine and prosecution pursuant to Cal. Penal Code, Section 148.5 and the complainant will be responsible for the costs associated with the service call by the police department or code enforcement. (Ord. No. 2969)

Each of the following acts or omissions related to the operation or use of a homeshare or vacation rental is unlawful and constitutes a violation of this article. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or vacation rental. Each day a violation occurs constitutes a separate, additional violation:

(A) Engaging in an act in violation of the permitting requirement of section 16-663(A);

• (B) Failure to comply with an operational standard of section 16-667;

• (C) Failure to comply with a property management requirement of section 16-668;

• (D) Failure to comply with the complaint investigation, resolution and/or reporting requirements of section 16669.1; and

• (E) Failure to timely remit to the city any cost or fee pursuant to this article.

• (Ord. No. 2969)