BERLIN – Staff assured elected officials Berlin’s ordinance regarding short-term rentals was adequate despite a judge dismissing a case tied to the new regulations.
Town of Berlin staff this week told officials there was no issue with the town’s short-term rental ordinance. While a district court judge dismissed a case against a property owner who violated the ordinance earlier this month, the town’s attorney said that didn’t mean the ordinance was insufficient.
“There’s no fault that I find with the ordinance,” said David Gaskill, the town’s attorney.
On Friday, Aug. 11, a Worcester County District Court judge dismissed a case against Bryan Brushmiller related to an unlicensed short-term rental in Berlin. As a result, Brushmiller will not have to pay the more than $5,000 in fines he received from operating his short-term rental on Main Street without a license.
At this week’s meeting of the town council, Councilman Steve Green, who noted that he’d read about the case in the newspaper, asked if the judge’s decision indicated the town’s ordinance wasn’t strong enough.
“The short-term rental ordinance very much concerns me because I feel it may need to be brought back,” he said. “It’s very concerning we can’t fine retroactively for violations that occurred.”
Gaskill said nothing was wrong with the ordinance.
“You get the judge that you get…,” he said. “He was like ‘okay they’re not doing it anymore so there’s no longer and problem’ and that was the end of it.”
Green asked what the town should do if it wanted to fine someone in the future for violating the town’s ordinance.
“Our ordinance is the law in this town,” Gaskill said. “We’re going to continue to try, to continue enforcing it. My hands were tied.”
Mayor Zack Tyndall said he agreed with Green. He said it was disheartening to know that an ordinance town officials had worked hard on was not upheld in the local court.
Town Administrator Mary Bohlen echoed Gaskill’s confidence in the ordinance.
“It was the judge’s opinion that it didn’t matter anymore because the activity had ceased,” she said. “It was not about ‘no the town doesn’t have the right to impose the fine.’”
Councilman Jay Knerr said if there was any opportunity for the town to appeal the decision that should be considered.
“It would be nice to get notified of these things as Steve said before we read it in the paper,” Knerr said.