Carmel sues property owner for operating short-term rental illegally

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The City of Carmel filed a lawsuit July 11 against the owner of a home on Singletree Court that city officials claim is being illegally operated as a short-term rental.

Four days earlier, multiple renters were carried out of the home on stretchers in what appeared to be a “mass drug overdose,” according to Christin Diehl, who lives next door. Current has filed a public information request for more information about the incident.

City code prohibits homes from being used exclusively as a short-term rental. Properties may be used as short-term rentals for short periods of time if the homeowner, who must be the primary resident, is granted a special exception by a Carmel Board of Zoning Appeals hearing officer. Homes may be rented for 30 days or longer without authorization from the city.

Serena Burkard, whose company, Vacation Homes LLC, owns the home, previously told Current that the home is her primary residence and she does not believe she is in violation of the ordinance because she requires it to be rented for 30 days at a time or more.

According to the lawsuit, the city claims that Burkard has rented the home for periods shorter than 30 days and that she has not lived in it for at least 60 consecutive days, thus failing to establish it as a permanent residence.

The city notified Burkard that renting the property violated city code on March 21 and May 31, the lawsuit states.

As of July 15, the property’s listing on Vrbo requires it to be rented for a minimum of 30 days. When Current previously reported on this matter July 9, that was not the case.

In the lawsuit, Carmel requests that the court grant the city authority to enter the property to take appropriate action to bring it into compliance with city ordinances and require the defendant to pay legal costs.

A hearing on the city’s request for a preliminary injunction is set for 10 a.m. July 22 in Hamilton County Superior Court 5.

Additionally, the Cheswick Place Homeowners Association sued Vacation Homes in April, asking a judge to halt the rentals. A summary judgment hearing is set for Sept. 9.

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