The text
(a)
Any host violating any provision of this chapter, or hosting platform that violates its obligations under Section 5.63.040, shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.
(b)
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 or administrative case brought by a law enforcement agency shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs, pay all back HVTs, and remit all illegally obtained rental revenue to the city so that it may be returned to the vacation rental or home-sharing visitors or used to compensate victims of illegal short-term rental activities.
(c)
Any host who violates any provision of this chapter, or hosting platform that violates its obligations under Section 5.63.040, shall be subject to administrative fines and administrative penalties provided for in Chapter 1.12 of this code.
(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 city may issue and serve administrative subpoenas as necessary to obtain specific information regarding home-sharing and vacation rental listings located in the city, including but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the home-sharing and vacation rental listings comply with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty-day period.
(f)
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.
(Ord. No. 707, § 3, 4-2-2019)