Help! Adams County is trying to shut us down!

[Exchange1]

Hello, this is my first time posting in a discussion group. I am a 2 year host and a super host with AirbnB. We have a 6 acre property in Colorado. We just received a Code Violation letter from our County telling us that we can no longer have social gatherings and we need to cease all gatherings. Has anyone else experienced this? Is this even legal? The county has several other AirBnB properties. I pay all state and local lodging taxes. The county has self deemed us an events center. We do allow gatherings pre-covid. During covid we follow all social distance regulations. Generally our gatherings are about 40 - 70 people for graduations, weddings, family reunions. We worked with AirBnB before starting this and if they use items like tables, chairs, tent we do charge an extra services fee (with resolution center).

Does anyone else allow pre-approved gatherings? Any issues with respective counties? Im in an unincorporated county - private property. No HOA, etc. 

Ugh, any suggestions???

[Sarah977]

@Exchange1  Is this a new regulation that has been put in place because of COVID, or a general law that will prevent you from ever again hosting a property where events are catered to?

If it's because of COVID and temporary,  40-70 people is a danger to public health and can't see why you would be balking. You can't enforce 70 people social distancing.

There are similar restrictions in many places at this time, all over the world.

[Exchange1]

Hi Sarah, great question!

No, the Code Violation is NOT due to COVID. 

We are following all state and local regulations on COVID for safety. We also have cancelled and refunded 100% all reservations that requested cancellation due to COVID. 

We have 6 acres of gardens and outdoor space. We can set tables and chairs 6 feet apart, etc. Most "gatherings" have cancelled anyway due to COVID but again. This letter has nothing to do with COVID. 

Here is a paragraph from the letter:

3-05-01 & 03-07-01 Use Chart & 3-08-06 Prohibited Use - Per the use chart, an event center is not PERMITTED in the A-1 zone district. Please cease any type of social gatherings, including weddings, graduations, etc.

When code enforcement came to the property we had a "college graduation" party underway. IT was a booking for 10 people and they had 10 guests out for a BBQ. The guests decorated the pool and outside area with graduation balloons. I'm speculating that is how "graduations" made it into the letter. 

[Sarah977]

@Exchange1  Thanks for explaining. Bummer. I have no experience with this myself, hopefully hosts who do will chime in. Do you think some nasty neighbor reported you?  How long has this code been in place? Is it new, or something you just weren't aware of?

[Exchange1]

Sarah,  we do have a neighbor that doesn't help this matter. I did ask permission from our County to have these gatherings. I have an email from the County stating that it is ok as long as they come from AirBnB. I don't host outside of the short term rental platform. 

The county googled my property address and saw some "digital rsvp's" for 1) a baby shower, 2) a wedding and 3) a rehearsal dinner at the property. Im assuming here but I'm thinking they made the assumption that I am working outside the AirBnB platform?.?.?. Therefore, trying to tell me I'm an "events center". But each item they googled all tie back to a guest reservation. 

Im just not sure they can shut me down like this.

[Sarah977]

@Exchange1  It might be wise to consult a lawyer.

[Exchange1]

I have a legal team reviewing now. Just curious in anyone in the community has had to defend their rights to keep their AirBnB. Seems like an oddity to me but figured I would put it out there.