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Case 1:22-cv-00247-DKW-RT Document 85 Filed 12/21/23 Page 5 of 28 PagelD.3065 <br /> On April 26, 2022, the City enacted Ordinance 22-7. Stip. Facts at ¶ 84. <br /> Taking effect on October 23, 2022, Ordinance 22-7 principally amended the City's <br /> Land Use Ordinance to increase the minimum rental period for a non-Resort <br /> property from 30 to 90 days—in effect, outlawing rentals of 89 days or less. Id. at <br /> ¶¶ 86, 93, 95. The Ordinance further barred advertisement of the same insofar as <br /> such advertisements reflect daily or less than three-month rental rates. Id. at¶¶ 95, <br /> 97-102. There are limited exceptions to the Ordinance, including, inter alia, for <br /> rentals of less than 30 days operating pursuant to a 1980s-era NUC, and rentals in <br /> Resort districts which have complied with a new annual registration process. Id. at <br /> ¶ 93-94. <br /> Finally, the Ordinance provided a 180-day phase out period for existing <br /> lawful rentals of between 30 and 89 days. Ord. 22-7 at 38, Dkt. No. 72-3. <br /> Violations of the Ordinance may result in fines of up to $10,000 per day, in <br /> addition to "the total sum received by the owner, operator, or proprietor of [the <br /> illegal rental] from any impermissible rental activity during the period in which the <br /> Thus, the LUO allows a property owner to rent its property to transient guests in blocks of thirty <br /> (30) days or more, up to twelve times per year." Stip. Facts at¶ 63. Similarly, in 2019, the City <br /> signed a second settlement agreement following a suit over its enactment of Ordinance 19-18 <br /> which regulated the advertisement of homes for rent for fewer than thirty days—clarifying that <br /> such advertising restrictions do not apply to "legal long-term rental[s] (i.e. a rental of at least 30 <br /> consecutive days)." See Kokua Coal. v. Dep't of Planning& Permitting, Civil No. 1:19-cv- <br /> 00414-DKW-RT ("Kokua IT); Stip. Facts at¶¶ 67-68. <br /> - 5 - <br />