Sec. 14-551. - Enforcement—Penalty for violation; revocation of permit.
Part of the Code of Ordinances of Narragansett, RI.
The text
(a)
For the purposes of enforcement of the provisions of this short-term rental ordinance, the Town Council of the Town of Narragansett hereby designates and authorizes the building official or his/her designee(s) for the town to implement, investigate, enforce, and prosecute the provisions of this short-term rental ordinance.
(b)
The host shall be responsible and jointly and severally liable for compliance at all times with the short-term rental ordinance provisions, including but not limited to, occupancy limits and parking requirements.
(c)
Violations of this short-term rental ordinance shall be enforceable through issuance of a violation citation and summons by the building official or his/her designee(s) and citations shall be heard and adjudicated by the Narragansett Municipal Court or other court of appropriate jurisdiction.
(d)
Major violations include:
(1)
Operation without a valid pending application or required permit;
(2)
Intentionally misrepresenting any material fact in procuring a permit;
(3)
Refusal of required or properly requested inspections;
(4)
Engaging or continuing the short-term rental while deficiencies identified by the building official or fire marshal are outstanding;
(5)
Failure of the host and/or local representative to gather, maintain or provide the required information set forth section 14-550;
(6)
Three or more minor violations in a short-term rental period; the third instance cited shall constitute a major violation.
(e)
Minor violations include:
(1)
Failure to notify the town of any change in the local representative;
(2)
Failure to resolve a noise complaint within four hours;
(3)
Operating at an occupancy greater than the permitted number of guests;
(4)
Failure of the host or local representative to respond to a complaint notification within four hours;
(5)
More than one noise complaint lodged with the police during any one separate occupancy;
(6)
Any violation of this short-term rental ordinance not specifically identified as a major or minor violation herein or any violation of any other town ordinance, state or federal law not expressly exempted herein.
(f)
Each and every day on which a major violation occurs or remains unremedied shall be deemed to be a separate violation.
(g)
Property owners and hosts who violate the provisions of this short-term rental ordinance shall be subject to minimum mandatory fines as set forth in section 14-553.
(h)
Revocation—Notwithstanding any other remedies available to the town, the building official shall revoke a short-term rental permit issued under this short-term rental ordinance upon the issuance of one major violation of this short-term rental ordinance.
The remedies provided in this section are not exclusive, and nothing in this short-term rental ordinance shall preclude the use or application of any other remedies, penalties, or procedures established by law. The town may pursue any other administrative or judicial legal remedies available, including, but not limited to, civil injunctions, permit revocations, and civil penalties for violations of this short-term rental ordinance.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)