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use is allowed unless a special vacation rental permit, building permit, inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing dwelling unit to vacation rental use) are first obtained; and Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under section 102-56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that was established, and had obtained all of the required state and local permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102-56 (4) Section 8-36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived. (5) Prima facie evidence of vacation rental uses of a dwelling unit shall include: a. Registration or licensing for short-term rental or transient rental use by the state under F.S chs 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments); b. Advertising or holding out a dwelling unit for vacation rental use; c. Reservations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 28 days or less; or d. The use of an agent or other third person to make reservations or booking arrangements. (6) A violation of any of the regulations in subsections (k)(1) --(k)(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. The code enforcement department may also enforce the terms of this section by bringing a case before the special magistrate pursuant to section 8-37, or by citation under section 8-35, F.S. § 162.21 (as may be amended), or 76435, Laws of Florida (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500 00 for each subsequent offense. (7) In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court. (Code 1979, § 9.5-534; Ord. No. 4-1997, § 22; Ord. No. 030-1999, §§ 1, 2; Ord. No. 44-2000, § 4) Attachment 9 Page 5 174