No Person shall Operate any Short-Term Rental or Short-Term Rental Property within the City of Calistoga.

No hosting platform shall complete or facilitate a Booking Transaction for any Short-Term Rental or Short-Term Rental Property located within the City unless the use is expressly authorized by this Code.

The City may issue a notice of violation or administrative citation for any violation of this chapter to any Person, Operator or Hosting Platform for a violation of any provision of this chapter or other provisions of the Code pursuant to Title 1 of this Code.

Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation for which a notice of violation or administrative citation may be issued by the City.

A violation of any provision of this chapter, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. The fine amount for each violation shall be one thousand dollars ($1,000.00). Notwithstanding the preceding sentence or any other section of this chapter, a violation of this chapter may, in the discretion of the enforcement officer, be charged and prosecuted as an infraction.

Pursuant to Government Code Section 36900(d), for infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same provision within one (1) year. For purposes of this subsection, operation of a Short-Term Rental in violation of this chapter shall be deemed to pose a threat to public health or safety.

For fines imposed under subsection D of this section, the City Manager or their designee may grant a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that they have 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. No such waiver shall be granted for subsequent violations.

The City Manager, or designee, shall have the authority to request the City Attorney to issue and serve administrative subpoenas on hosting platforms and/or Operators to obtain specific information regarding Booking Transactions for Short-Term Rental listings located in the City, including, but not limited to, the names of the Persons responsible for each listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the Booking Transaction violates this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty (30) days from the date of service. A Person that has been served with an administrative subpoena may seek judicial review during that 30 day period.