Friday, December 2, 2011

Encinitas vacation rental fee legal, court says


 — Encinitas can continue to charge short-term vacation rental owners a $150 annual permit fee, a Superior Court judge has ruled.
The city introduced the fee in 2006 after citizens complained about noise, vandalism, crowds and other disorderly conduct by those using the short-term rentals, defined as a stay of 30 days or fewer. Chris Carrico sued Encinitas in March 2010 arguing that the fee was excessive and therefore an illegal tax, a city news release says. Carrico also argued that the ordinance was unconstitutionally vague.
Judge Robert Dahlquist disagreed on both counts in a ruling Nov. 17. The Encinitas City Council last week directed City Attorney Glenn Sabine to defend any appeals.

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