[Adopted 12-15-2015]
A.Â
HOSTING PLATFORM
PERMANENT RESIDENT
VACATION RENTAL
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A marketplace in whatever form or format which facilitates
the vacation rental, through advertising, match-making or any other
means, using any medium of facilitation, and from which the operator
of the hosting platform derives revenues, including booking fees or
advertising revenues, from providing or maintaining the marketplace.
A person who occupies a dwelling unit or accessory building
or structure for at least 60 consecutive days with intent to establish
that unit as his or her primary residence; and may be an owner or
a lessee.
[Added 3-1-2016]
Rental of: 1) any dwelling unit, accessory building or structure,
garage, attic, or basement, in whole or in part; or 2) any furniture
within any dwelling unit, accessory building or structure, garage,
attic, or basement, within the City of Union City, to any person(s)
for exclusive transient use of 30 consecutive days or less, regardless
of whether one of the dwelling unit's permanent residents is
on-site, in the dwelling unit, throughout the visitors' stay,
and whereby the unit is only approved for permanent residential occupancy
and not approved for transient occupancy by this article. Rental of
units within City-approved hotels, motels and bed and breakfasts shall
not be considered vacation rentals.
[Amended 3-1-2016]
B.Â
Prohibitions. No person, including any hosting platform operator,
shall undertake, maintain, authorize, aid, facilitate or advertise
any vacation rental activity that does not comply with this Code.
C.Â
Regulations.
(1)Â
The Board of Commissioners of the City may promulgate regulations,
which may include but are not limited to permit conditions, reporting
requirements, inspection frequencies, enforcement procedures, advertising
restrictions, disclosure requirements, or insurance requirements,
to implement the provisions of this article. No person shall fail
to comply with any such regulation.
(2)Â
The Board of Commissioners of the City may establish and set by resolution
all fees and charges as may be necessary to effectuate the purpose
of this article.
D.Â
Enforcement; violations and penalties.
(1)Â
Violation of any provision of this article shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official, or Health Officer.
(3)Â
Any person convicted of violating any provision of this article in
a criminal case or found to be in violation of this article in a civil
case brought by a law enforcement agency shall be ordered to reimburse
the City and other participating law enforcement agencies their full
investigative costs and remit all illegally obtained rental revenue
to the City so that it may be returned to the victims of illegal short
term rental activities.
(4)Â
Any interested person may seek an injunction or other relief to prevent
or remedy violations of this article. The prevailing party in such
an action shall be entitled to recover reasonable costs and attorney's
fees.
(5)Â
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.