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advertisement on a short-term or vacation rental website or otherwise) or to rent (by
<br />way of a rental agreement, lease, sublease, license, via a short-term or vacation rental
<br />website, or any other means, whether oral or written) for compensation or consideration
<br />a home -sharing rental, short-term or vacation rental for less than 30 days, pursuant to a
<br />rental agreement, lease, sublease, license, via a short-term or vacation rental website,
<br />or any other means, whether oral or written, for compensation or consideration, or
<br />maintain any advertisement of a home -sharing rental, short-term or vacation rental for
<br />less than 30 consecutive days.
<br />Sec. 8-3402. -Violation; nuisance.
<br />Any violation of this Article is unlawful, is hereby declared a public nuisance, and
<br />constitutes a misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1-
<br />8. At the discretion of the City Attorney, a violation of this Article may be prosecuted as
<br />an infraction or misdemeanor. In any civil action brought pursuant to this Article, a court
<br />of competent jurisdiction may award reasonable attorney's fees and costs to the
<br />prevailing party. Pursuant to Municipal Code Section 1-21, the City may issue an
<br />administrative citation for any violation of this Article. Such administrative remedy may
<br />be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable
<br />remedy allowed by law.
<br />SECTION 3. Severability. If any section, subsection, sentence, clause, phase, or
<br />portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
<br />decision of any court of competent jurisdiction, such decision shall not affect the validity
<br />of the remaining portions of this Ordinance. The City Council hereby declares that it
<br />would have adopted this Ordinance, and each section, subsection, subdivision,
<br />sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
<br />more sections, subsections, subdivisions, sentences, clauses, phrases or portions
<br />might subsequently be declared invalid or unconstitutional.
<br />SECTION 4. CEQA Determination. The City Council finds that this Ordinance is
<br />not subject to the requirements of the California Environmental Quality Act, pursuant to
<br />(Guidelines) Section 15060(c)(2) because the activity will not result in a direct or
<br />reasonably foreseeable indirect physical change in the environment and 15060(c)(3)
<br />because the activity is not a project as defined in Section 15378 of the CEQA
<br />Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
<br />potential for resulting in physical change to the environment, directly or indirectly and so
<br />is not a project.
<br />SECTION 5. Effective Date. This Ordinance shall become effective thirty (30)
<br />days after its adoption.
<br />SECTION 6. Publication. The City Clerk shall certify the adoption of this
<br />Ordinance and shall cause the same to be posted as required by law.
<br />Ordinance No. NS-3061
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