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 received 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 don't 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 asked him 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?  

[Husen1]

I received a notice of civil violation.  1. Exceed the maximum number of occupants 2. Operating a Boarding House while approved Accessory Dwelling Unit.  I was supposed to attend a hearing to respond to this notice. I read Bellevue, WA city code document.  I am pretty much confused about what I am allowed or not allowed to do.  I asked our city code compliance officer about it and was refused to discuss any further, stating that she has already explained enough!  1.  I am not allowed to advertise!  2. I have already made all listings requiring 30 days or more. 3. 'family' definition is allowing 4 unrelated individuals dwelling in the single family unit.  I am also compliant with this.  4. For ADU, am supposed not to collect any 'rent' but allowed to share expenses? or what? 5. Am I not allowed to have visitors staying at our house if we exceed the 'four' unrelated members? for any amount of time? I suppose I need to find a lawyer to get clarification for this.  I have earned thousands over the last 3 years. Airbnb certainly earned their share of fees. Why wouldn't Airbnb provide any consulting service to help us???? Crazy!  

[Peter3123]

Curious if anybody knows the answer to this question.   In my small town, the zoning ordinance is not very detailed.  It does not address short term rentals in any way, shape or form.   Does that mean as a property owner if I were to press the town they would legally have to allow me to do short term rentals?      I'm really asking who wins in the case of ambiguity,  the town or the property owner.

[Karen3570]

I just started my Airbnb in Ohio a week ago and I already have more than 50 nights booked over the next several months! I was so happy until I got an email from the interim administrator of my village saying I was violating a zoning code and must cease at once. The thing is, there are no codes concerning short term rentals, so I replied that I wasn't violating any codes and I haven't heard back. Still, I think this should be clarified so I started doing some research and found a state law working its way through Ohio government that would not allow local zoning codes that treat short term rentals any different from long term rentals:

https://ohiocapitaljournal.com/2022/05/11/house-committee-passes-bill-to-block-cities-from-regulatin...

I also reached out to the president of the village council, and she has invited me to work it out legislatively to help write the code that could address Airbnbs. I will continue to operate and build my case that I have the legal right to rent out part of my home, where I live and work, short or long term. I am also putting in a privacy fence between my property and the neighbor who complained, not because of any nuisance from my guests, but because her daughter tried to buy this house and I beat her out. I will continue to be a good neighbor, but I won't be bullied into giving up needed income from my private residential property!