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HomeMy WebLinkAboutCC Reso 2020-52 RESOLUTION NO. 2020-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ESTABLISHING PENALTIES AND FINES FOR VIOLATION OF CITY SHORT TERM VACATION RENTAL REGULATIONS WHEREAS, on October 9, 2020, the City Council adopted Resolution No. 2020- 45 establishing a fee schedule for violations of the City's Short Term Vacation Rental (STVR) regulations; and WHEREAS, a referendum petition is being circulated in the City that seeks to disapprove portions of Ordinance No. 842 making changes to the City's STVR regulations; and WHEREAS, the City Council desires to clarify that the fines, penalties and other charges for violation of the City's STVR regulations established by Resolution No. 2020- 45 apply to violations of the STVR regulations regardless of the outcome of the referendum petition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS The City Council hereby finds the recitals set forth above to be true and correct. SECTION 2. ESTABLISHMENT OF FINES, PENALTIES AND OTHER CHARGES FOR VIOLATION OF CHAPTER 5.96 OF THE CATHEDRAL CITY MUNICIPAL CODE A. Pursuant to Sections 3.24.011(G)(3) or 5.96.070(E) of the Cathedral City Municipal Code, any person in violation of any provision of Chapter 5.96 of the Cathedral City Municipal Code or term or condition of a permit shall be subject to the following penalties except as indicated in B, C, and D below: 1. First violation: $1000.00. 2. Second violation: $3,000.00. 3. Third violation: $5,000.00 4. Fourth violation: suspension of the permit. B. Any person who operates and/or advertises a STVR without a permit, in violation of Sections 3.24.011(G)(5) or 5.96.040(C) of the Cathedral City Municipal Code shall be subject to the following penalties: 1. Any past transient occupancy tax, including penalties and interest. 2. First violation: $5,000.00 and future denial of permit authorizing STVR operation within the City. RIV#4829-6386-1706 v2 3. Second violation: $10,000.00. 4. Third and subsequent violations: $15,000.00 C. Any person with a SNR permit who advertises without the information required by Sections 3.24.011(E)(8) or 5.96.050(1) of the Cathedral City Municipal Code shall be subject to the following fines: 1. First violation: $2,500.00. 2. Second violation: $5,000.00 and six-month suspension of the permit. 3. Third and subsequent violations: $7,500.00. D. Pursuant to Sections 3.24.011(E)(4) or 5.96.070(D) of the Cathedral City Municipal Code, any individual who lodges a false complaint regarding a STVR shall be subject to the following fines: 1. First violation: $100.00. 2. Second violation: $250.00. 3. Third and subsequent violations: $500.00. SECTION 3. EFFECTIVE DATE This Resolution shall take effect on October 14, 2020. This Resolution shall supersede Resolution No. 2020-45. SECTION 4. CERTIFICATION The City Clerk shall attest to and certify the vote adopting this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 14th day of October, 2020, by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar Noes: None Absent: None Abstain: None • n Aguilar, f\Ni or RIV#4829-6386-1706 v2 ATTEST: Tracey R. artinez, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney RN#4829-6386-1706 v2