Legal Documents of Mountain City

Any violation of this article, including failure to obtain a permit or to renew a permit of continued or initiating operation of a short-term rental unit either without a permit or after revocation of a permit shall be punishable by a civil penalty of fifty dollars ($50.00) per violation. Each day that the violation continues shall be a separate offense. There shall be a rebuttable presumption that a person or entity is in violation of this chapter if they list or hold out a property as a short-term rental

unit without first obtaining a short-term rental permit. This rebuttable presumption also applies to those dwellings featured on websites whose primary purpose is business related to short-term rental unit reservations.

The owner and/or agent of or with respect to a "grandfathered short-term rental unit," which may be otherwise exempt from compliance with some of the regulations, conditions and requirements of this ordinance shall nevertheless be required to apply for a permit within the thirty (30) days next following the effective date of this ordinance. If the owner or agent shall fail to apply within said thirty (30) day period or shall otherwise fail to meet the requirements of generally applicable laws, rules and ordinances as to said grandfathered short-term rental units, shall, upon notice from the mayor cease operations as a short-term rental unit and shall not resume such operations or

advertisement as a short-term rental unit until such time as the owner and/or property shall make a proper application for a permit and demonstrate compliance with all requirements of this ordinance and generally applicable law. As provided in Tennessee Code Annotated, § 13-7-601, a "grandfathered short-term rental unit" may lose grandfathered status by failure to adhere to and/or violation of all or any of the qualifying conditions and/or requirements of Tennessee Code Annotated, § 13-7-603, including but not limited to:

1. The property used as a grandfathered short-term rental unit is sold or otherwise transferred by or from the owner(s) of the property when first qualified or established as a grandfathered short-term rental unit and/or;
2. The property ceases to be used as a short-term rental unit for any period of thirty (30) continuous months and/or;
3. The property has been found to be in violation of a generally applicable local ordinance or state law on three (3) or more separate times and with no appeal opportunities remaining.