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SECTION THREE. ADDING CHAPTER 41 TO TITLE 4 OF THE SAN <br />LEANDRO MUNICIPAL CODE. <br />Chapter 41 of Title 4 of the San Leandro Municipal Code is hereby added to read as <br />follows: <br />Chapter 4-41. NON -HOSTED SHORT-TERM RENTALS PROHIBITED <br />4-41-100 Purpose. <br />The purpose of this Chapter is to prohibit the non -hosted rental of all or part of a <br />residential dwelling unit for fewer than 30 days. The City finds it necessary to establish this <br />prohibition to regulate non -hosted short-term rentals of property in the interest of the public <br />health, safety, and welfare. <br />4-41-110 Non -Hosted Short -Term Rentals <br />The renting, letting, or operating of Non -Hosted Short Term Rentals in all dwelling units, <br />bedrooms, buildings, structures or properties within the City of San Leandro is prohibited. The <br />penalties for renting or operating a Non -Hosted Short Term Rental shall be as follows: <br />(a) 1st Notice of Violation (NOV): Misdemeanor prosecuted by City, $1000 fine or six <br />months in jail. <br />(b) 2nd violation: $1000 fine or six months in jail, declaration of a public nuisance, and <br />legal action by the City against host or property owner to enjoin illegal use of the <br />property, with pleading to include repayment of City's attorneys' fees and costs. <br />(c) 3rd violation within a 2 year period: $1000 fine or six months in jail, and triple <br />damages for a second or subsequent civil or criminal judgment within a 2 -year period, <br />and repayment of City's attorneys' fees and costs. City Attorney is authorized to <br />bring without City Council approval an action for punitive damages for willful <br />violation of the Code. <br />4-41-120 Definitions. <br />As used in this Article: <br />(a) "Non -hosted" means that the primary occupant of the dwelling within which the <br />rental takes place is absent from the dwelling for some or all of the rental period. <br />(b) "Dwelling Unit" means one room, or a series of rooms that provides not more <br />than one kitchen and one or more bathrooms, and is intended for occupancy by a <br />single housekeeping unit. An individual dwelling unit is characterized by a single <br />main pedestrian entry, with all other points of entry being visually subordinate, <br />and an interior stairway provided between all stories. <br />ORDINANCE NO. 2019-005 2 <br />