Fairhaven, Mass., Code of Bylaws ch 190 § 190-13

A. Complaint. A complaint alleging that a short-term rental is in violation of this chapter or any applicable law, code or regulation may be filed with the Fairhaven Building Commissioner. The complaint must contain the short-term rental address, unit number, date and nature of alleged violation(s), and name and contact information of complainant. B. Written notice of any violations of this chapter shall be treated as a complaint and may also be initiated by the Building Commissioner. The notice shall specify the nature of the violation to the occupant and owner and the time within which compliance must be achieved. The requirements of this subsection shall be satisfied by mailing such notice, through the United States Postal Service by certified mail, or by delivering in hand such notice as memorialized by an affidavit of any Town employee or officer authorized to serve any form of process notice to the owner or legal representative named on the registration application. C. Any notice required or contemplated by this chapter shall be deemed sufficient if delivered to or mailed to the mailing address listed by the owner on the short-term rental registration application then on file with the Fairhaven Building Department. A written change of address notice signed by the owner/s and delivered to the Fairhaven Building Department may be filed at any time. D. Review of complaint. The Building Commissioner shall investigate complaint(s) within a reasonable time frame and shall determine whether there may be a violation. If the alleged violation is under the jurisdiction of another city or state or federal agency, the Commissioner shall refer the complaint to such agency for further action. Upon a finding of a potential violation, the Commissioner or designee shall serve notice of the violation upon the owner of the short-term rental. The Building Commissioner shall keep records of all complaints received and determinations made. E. Offering an ineligible unit as a short-term rental. Any person who offers a unit as a short-term rental, where such unit is not an eligible dwelling unit or is not registered, may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. The Commissioner or a designee may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental. F. Failure to obtain a registration. Any person who offers an eligible dwelling unit as a short-term rental without a valid short-term rental registration, or any person who offers an eligible dwelling unit as a short-term rental while the unit's registration is suspended, may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. G. Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this section by the Commissioner or a designee for a violation of any provision of this section may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. H. Right to hearing. A person upon whom a notice of violation has been served may request a hearing by filing a written petition requesting a hearing on the matter with the Fairhaven Building Department within 14 days after the day the notice of violation was served. Upon receipt of a petition for hearing, the Commissioner shall notify the complainant of the place, date and time of the hearing. The hearing shall be conducted by a Hearing Officer designated as such by the Town Administrator and shall occur no later than three weeks after the date the Fairhaven Building Department receives the petition for hearing. The time period in which violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held and the Hearing Officer has issued a decision. I. Decision. Within seven days after the conclusion of the hearing, the Commissioner or designee shall sustain, modify, or withdraw the notice of violation and shall inform the person upon whom a notice of violation has been served, in writing, of its decision and the reasons therefor. If the Fairhaven Building Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted as issued or in the modification. J. Violations of an unoccupied dwelling shall be corrected prior to occupancy. Violations found in an occupied dwelling shall be corrected within the time specified as determined by the Building Commissioner. K. If a written petition for a hearing is not filed within 14 days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day's failure to comply with the notice of violation within the time allotted as issued or modified shall constitute a separate violation.