5.25.120 Penalties.
A. Causing, permitting, facilitating, aiding, or abetting any violation of any provision of this chapter, or failure to comply with this chapter, is punishable as a misdemeanor, and shall also constitute a civil offense as set forth in SCC 1.15.010. Any person who admits to, or is found responsible for, a civil offense pursuant to this chapter shall be subject to a penalty in the minimum amount of $500.00.
B. The remedies in this chapter are cumulative and the city may proceed under one or more such remedies.
C. Verified Violation Penalties. In addition to any other penalty imposed pursuant to the city code, and notwithstanding any other law, the city may impose a civil penalty of the following amounts against an owner if the owner or owner’s designee causes, allows, facilitates, aides, or abets a verified violation of any provision of this chapter or fails to perform any act or duty required by this chapter, related to the same short-term rental property within the same 12-month period:
1. Up to $500.00 or up to an amount equal to one night’s rent for the short-term rental as advertised, whichever is greater, for the first violation.
2. Up to $1,000 or up to an amount equal to two nights’ rent for the short-term rental as advertised, whichever is greater, for the second violation.
3. Up to $3,500 or up to an amount equal to three nights’ rent for the short-term rental as advertised, whichever is greater, for a third and any subsequent violation.
If multiple violations arise out of the same response to an incident at a short-term rental, those violations are considered one violation for the purpose of assessing civil penalties pursuant to this subsection.
D. In addition to any penalty imposed pursuant to this chapter, the city may impose a civil penalty of up to $1,000 per month against the owner or owner’s designee if the owner or owner’s designee fails to apply for a short-term rental permit within 30 days of receiving written notice of such requirement. Representations or advertisements including online listings that reference the short-term rental property, house or dwelling unit location within the city is prima facie evidence that a short-term rental is operating in the city.
E. In addition to any other penalty pursuant to the city code, an owner or owner’s designee shall be subject to civil penalties of up to $1,000 for every 30 days the owner or owner’s designee fails to provide emergency point of contact information to the city as required per SCC 5.25.040. Before imposing the initial civil penalty, the city shall provide 30 days’ notice to the owner or owner’s designee by emailing a notice of violation to the email address that was provided to the city.
F. A civil penalty assessed pursuant to this section shall be due within 30 days of the initial notice sent to the owner or owner’s designee. For purposes of this section, notice may be served on the owner or owner’s designee per SCC 1.15.010(D)(2)(e) or by email. Service of the notice will be deemed complete upon posting of and mailing to the address of the short-term rental or emergency point of contact, email, or receipt of personal service on the owner or owner’s designee.
G. The amount of the permit fee and any penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee and penalties. [Ord. 2019-08 § 1, 11-26-2019 (Res. 2019-22); Res. 2019-22 Exh. A, 11-26-2019; Ord. 2022-11 § 1, 11-22-2022; Res. 2022-36 Exh. A, 11-22-2022. Formerly 5.25.060].