9.24.070 Criminal Enforcement of Code Violations.
A. A violation of this code may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this code, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence or any other section of this code, a violation of this code may, in the discretion of the Enforcement Officer or hearing body, be charged and prosecuted as an infraction.
B. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including but not limited to powers of Enforcement Officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.
C. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment pursuant to Government Code Section 36901.
D. Every violation determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year that is the same violation of this code.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year that is the same violation of this code.
E. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation.
2. A fine not exceeding seven hundred dollars ($700.00) for a second violation within one (1) year that is the same violation of this code.
3. A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation within one (1) year of the first violation that is the same violation of this code.
4. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation within two (2) years of the first violation that is the same violation of this code, if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
F. Violations of the City’s Short-Term Rental Ordinance.
1. Findings.
a. There is an ongoing housing crisis in the State of California.
b. Violations of the City’s short-term rental ordinance threaten public health and safety as the marketing and operation of housing units as short-term rentals further reduces and threatens the availability of housing, including affordable housing, in the City during the statewide housing crisis.
c. Short-term rentals operating in Larkspur are unlawful and negatively impact the health and safety of the City’s neighborhoods.
2. Definitions.
a. “Short-term rental” is a rental of a residential dwelling unit (or any portion thereof) to paying occupants for any period less than thirty (30) consecutive days. Short-term rental includes hosted and unhosted rentals.
b. “Short-term rental ordinance” means Larkspur Municipal Code Section 18.04.050(A). Short-term rentals are not permitted by this code, and pursuant to Larkspur Municipal Code Section 18.04.050(A), “No land shall be used for purposes other than permitted by this title for the district in which the land is located.” Consequently, short-term rentals are prohibited in Larkspur. Larkspur Municipal Code Section 18.04.050(A) is the City’s “short-term rental ordinance” for purposes of Government Code Section 36900(d).
3. Notwithstanding any other provision of law, a violation of the short-term rental ordinance determined to be an infraction is punishable by the following:
a. A fine not exceeding one thousand five hundred dollars ($1,500.00) for a first violation.
b. A fine not exceeding three thousand dollars ($3,000.00) for a second violation within one (1) year that is the same violation of this code.
c. A fine not exceeding five thousand dollars ($5,000.00) for each additional violation within one (1) year that is the same violation of this code.
G. The City Manager shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
H. Upon entry of a subsequent conviction against the same property owner within a two (2) year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court may require the owner to pay to the City treble the cost of the abatement, pursuant to Government Code Section 38773.7. Any costs awarded to the City may be enforced in the manner described in Larkspur Municipal Code Section 9.24.160. (Ord. 1060 § 2, 2022; Ord. 1040 § 2, 2019)