Short-term rentals in Irondale, explained properly.

Section 5-263(a) says anyone who has violated or continues to violate Article IX is guilty of a violation, and each act of violation and each day on which a violation occurs or continues is a separate offense. Under 5-263(b), if a defendant is found guilty by the municipal court, the court shall fine the defendant $500.00. The defendant has all rights secured to persons charged in the city with violations generally.

Section 5-263(b) says that when the city's building official or a designee determines a violation exists, a written notice of violation is issued to all persons in violation by first class mail or hand delivery. Service by mail is deemed made on the third day after mailing, and service by hand delivery on delivery. The notice identifies the violation, includes a correction order stating the action required, and sets a time to comply. If, in the building official's opinion, the violation is not sufficiently corrected within that time, a citation or notice to appear in municipal court may be issued by the building official or another enforcement officer.

Section 5-264 says a violation of any portion of Article IX constitutes a public nuisance per se. As an additional or alternate remedy, the City may bring equitable or injunctive proceedings in a court of competent jurisdiction to abate uses the article prohibits.

Section 40-26-1 of the Code of Alabama levies a privilege or license tax on every person in the business of renting or furnishing rooms, lodging or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished to transients for a consideration. The rate is 5% of the charge in the 16 counties of the Alabama mountain lakes area (Blount, Cherokee, Colbert, Cullman, DeKalb, Etowah, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan and Winston) and 4% in every other county, and the charge includes any charge for personal property and services furnished in the room. The tax does not apply to rooms, lodgings or accommodations supplied for 180 continuous days or more. The Alabama Department of Revenue says lodgings tax is collected through an account at My Alabama Taxes, and that counties and cities may add their own lodgings taxes of between 1% and 13%, some collected by the Department, some by third-party administrators and some by the local government itself. Local lodgings taxes are shown on each place's page.

Section 40-26-1.1 of the Code of Alabama (the Alabama Tourism Tax Protection Act of 2024, Act 2024-334) says an accommodations intermediary, meaning a business other than the owner that facilitates a lodging transaction and charges the guest a room or accommodations fee it keeps as compensation, must collect and remit the state lodgings tax and parallel local levies for transactions on or after January 1, 2025. The tax is charged on the room charge, the full retail price the guest pays including any fees. When the intermediary handles the booking for an accommodations provider (an owner with an active lodgings tax account who collects and remits the tax), the tax collected may be remitted to the provider if an executed written agreement says who remits it, and the intermediary is then not liable for tax the provider fails to remit. The intermediary must state the tax separately on the bill. Where the owner has hired a licensed professional property management company, that company is the merchant of record. The Department of Revenue's notice describes the same rules. Which local lodgings taxes a platform collects in a given place is not stated in these sources; check with the platform and the local tax office.

Section 40-26-1.1(g) requires every accommodations intermediary and accommodations provider to submit an annual report, in a form set by the Department of Revenue, listing the physical address of each accommodation rented or furnished for more than 14 days during the previous year; the report is confidential taxpayer information. Exempt are licensed professional property management companies that collect and remit the state lodgings tax (or manage homes leased for a month or more as the tenant's principal residence), hotels that collect and remit the tax, tourism marketing organizations funded by the tax, and marina, tent camping and RV providers that collect and remit it. The Department of Revenue's notice describes the same reporting rule and exemptions.