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days while at least one of the dwelling unit's owners lives on -site, in the dwelling unit,
<br />throughout the visitors' stay.
<br />(b) Short-term or vacation rental means the rental to a person or group of persons of
<br />a dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for
<br />lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar
<br />days without concurrently being occupied by the property owner.
<br />Sec. 8-3401. -Prohibited.
<br />It shall be unlawful for any person or entity to: offer or make available for rent (via
<br />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 4. 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 5. CEQA Determination. State CEQA Guidelines section 15164
<br />requires lead agencies to prepare an addendum to a previously certified EIR if some
<br />changes or additions to the project are necessary, but none of the conditions requiring
<br />preparation of a subsequent or supplemental EIR are present. The City Council has
<br />reviewed and considered the General Plan Update EIR (State Clearinghouse No.
<br />2020029087) i"GPU EIR"), the Addendum to the GPU EIR, and finds that these
<br />documents taken together contain a complete and accurate reporting of all the potential
<br />Ordinance No. NS-3072
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