zoning ordinances and notice of zoning violations

[Brenden10]

I have read a lot of different opinions, but in a nut shell, on Feb 28 we recieved our cease and desist notice from the small town we live in.  The city code enforcement officer followed this up with a phone call to me to tell me that 12 hrs later on March 1 the city had decided to issue me a summons to appear.  The city/town code enforcement officer also stated he wasn't able to turn over the wording of the ordinance I had violated his exact words were "You need to be served prior to us giving you that information."  I am starting to think the town realized they dont' have a foot to stand on, they told me they were serving me that morning, then he followed it up saying it was later in evening the told me it was to be Monday.  I want to get served so I can appear to the zoning board and dispute this.  While I haven't read the zoning regs, the code enforcement officer words were "Its plain to see your basically running a hotel" when I askedh im about the specifics he got testy and wouldn't turn them over.  I just want to make sure I have my ducks in a row.  Can I go to the zoning board without being issued a summons?  

[Zacharias0]

In most situations the zoning board or code enforcement would have to subpoena AirBnb for your listing records. If youre getting code enforcement at your door then they probably have already seen your listing. Your listing to the public reveals your nightly minimum number of days and also what days you are booked. If your name matches up with your property records and you have enough revealing details in your photos on your listing then a reasonable person would be under the understanding youre guilty. But, they have to provide that evidence and connect the dots. You could submit an Open Records Request to the government agency that has made a charge against you so you know what evidence they have. In your state its under the Freedom of Information Act and sample letter can be found by going to:

https://www.nfoic.org/arkansas-sample-foia-request

If you want to have your ducks in a row you'd need evidence to the contrary though. Are they your roommates, family or friends? Do they have a long term lease?

Good Luck

[Brenden10]

They have, a local deputy county clerk 4 hours after we were served a cease and desist posted a screen shot of our airbnb and began tashing us on facebook.  

[Yelena13]

Brenden,

I am in Little Rock and have the same issue. One of the neighbors brough it to the zoning code attention. I went through the rezoning process and got denied. Because my property is not owner occupied they are also treating it as a small hotel  and want me to rezone it. I got close 4 to 5 votes. They understand that there are thousands of the bnbs and htere is no way they can track all. Those were the literal words during the hearing. 

Here, they will have to get some kind of provisio on the books. 

I am appealing and going in front of the city board. 

I am curious how your ordeal is going.

[JD29]

Hi Yelena, same here. We've got an hearing set for June 10. Please let us know how yours went. Thank you.

[Shawn225]

Orlando here and had a card from code enforcement say there was a complaint about an "Airbnb run from this house".  How did your hearing go?

[Shawn225]

Hello Zacharias - I like your thinking about having evidence to the contrary....specifically "family".  I'd like to think that I'm the only person that can define what family means to me and anyone staying in my home while I occupy it, (regardless of any financial arrangement) is family.  I'm also wondering if I could have an agreement as part of the "house rules" or even aside on my own that refers to any booking, regardless of nites spent is an agreement for 31 days, which would then create a binding agreement that supersedes the Airbnb contracted stay.  It may be like pulling strings however I'm trying to figure out what to do for my own listings.  I'd also consider getting licensing to operate an In Home Adult Daycare which allows for 24 hour operation and allows for Residential Zoning.  My bookings would be via Airbnb and my listing could have a clause about it being an In Home Adult Daycare "Stay".  Trying to think out of the box here..... 

[Helen3]

Sorry @Shawn225 

It is rather silly to say that you can define paying guests as your family to get around regulations around STRs in your area.

Rather than trying to think of all these complicated ways to get around legislation governing your area and risk court action and fines, why don't you just operate within the regulations for your area.

[Shawn225]

I'm not a sheep that follows the heard. I'd imagine many people called Bill Gates silly for thinking out of the box.

[Kouroush0]

Like how you thinking!!! Any joy on how to beat the selling Zoning Role I have received a notification in Laguna Niguel, CA and can see MANY MANY other Hosts operating in the area....Appreciate any advice as only started 4 months ago and prior to the letter things have been going really well!!

[Mark116]

@Helen3   These types of regulations are designed to eliminate airbnbs, that's why.  Not everyone wants to do a long term rental or a lease arrangement.  Mandating either a 30 day minimum stay or a max number of stays like 60 or 90 is designed to kill the STR market, which to me, is a hugely unfair intrusion by the government on how a person uses their own property.  A STR is not a hotel, guests are using the unit the same whether they are staying there for 1 day or 1 month, they are using it as a residence, there are no other commercial areas like a hotel lobby, restaurant, or gym, no staff, it's a house or apartment being used as a house or apartment.

As an aside, my city recently also passed STR killing legislation where they are mandating a max of 60 days rented unless the owner is on site, so while it doesn't hurt us, it will certainly hurt everyone else in the market who isn't an onsite host, meaning they will either have to sell or institute a long term lease, and this seems patently unfair to me.

[Paul154]

@Brenden10 

Wouldn't it be nice to have a video recording of that code officer's statement for your records?

Going forward, make sure everything is recorded.

A good defense is a strong offense.

Supply the government no information. Do not allow them in your house. 

Make them serve you and display their case formally.

Make them work.  You may luck out, most city employees are lazy and won't bother with you if you don't blather and give them damning evidence against yourself.

[Brenden10]

I thought about it and i still might.  Arkansas has only single party consent.  

[Paul154]

Its a federal constitutional issue. All states allow recording of police (and government officials) while doing their job.

From Nolo.com:

Recording Officers and the First Amendment

Almost every court to consider the issue has determined that the First Amendment gives you the right to record (pictures, video, and audio) police officers in public while they are performing their duties. But that doesn’t mean you’re allowed to record if you’re doing so surreptitiously (secretly), interfering with the officer, or otherwise breaking the law.

Recording government officials is important. If they know they actions will be shown in court, they will treat you with respect and not harrass you. They still may lie to you, that is allowed.

[Kouroush0]

I have also received a letter from the Zoning Officer in Laguna Niguel stating the Minimum 30 Days etc.  I can see MANY other Hosts been operating in the same Zone renting for 1, 2, 3 days Minimum.  What are the options are are there any way around this silly rule!!!