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HomeMy WebLinkAboutCC Reso 2022-14 RESOLUTION NO. 2022-14 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, on September 9, 2020, the City Council adopted Resolution No. 2020- 52 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; and WHEREAS, the City Council desires to establish a new resolution establishing a revised fee schedule for violations of the City's Short Term Vacation Rental (STVR) regulations, in light of a proposed amendment to such regulations. 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 to Section 5.96.070(A) of the Cathedral City Municipal Code, any person in VIOLATION OF CHAPTER 5.96 OF THE CATHEDRAL CITY MUNICIPAL CODE A. Pursuant to a 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 and suspension of the permit. B. Any person who operates and/or advertises a STVR without a permit, in violation of Section 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, for a period of one (1) year. 3. Second violation: $10,000.00. 4. Third and subsequent violations: $15,000.00 RIV#4882-4961-2053 v2 C. Pursuant to Section 5.96.070(F) 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. D. Pursuant to Section 5.96.070(6)(5)5of the Cathedral it Municipal Code, Each and every violation by a Hosting Platform carries a fine of no less than $1,000 per violation per day. SECTION 3. EFFECTIVE DATE This Resolution shall take effect on March 23, 2022. This Resolution shall supersede Resolution No. 2020-052. SECTION 4. CERTIFICATION The City Clerk shall attest to and certify the vote adopting this Resolution. RIV#4882-4961-2053 v2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 23rd day of March, 2022, by the following vote: Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem Lamb and Mayor Gutierrez Noes: None Absent: None Abstain: None Ernesto M. Gutierrez, Mayor ATTEST: JI ' SIU .1. Tracey R. er osillo, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney RIV#4882-4961-2053 v2