A Fox Point man has been cited a fifth time for violating the village’s time share ordinance, after police say they discovered he had again agreed to rent out his house.
The ordinance, enacted in 2011, requires all time-share properties to meet state statutes and to be part of the village's Planned Development Overlay zoning.
Andrew Kops' most recent citation stems from an incident on Aug. 15, where police say he agreed to rent to a Muskego woman and 10 other people for five days. Kops was issued four citations — one for each day the house was occupied under the rental agreement.
It's the latest in a at 721 E. Daisy Ln.
Kops said the latest batch of citations aren’t valid under the village's ordinance since as he didn’t rent out the entire house, but rather individual rooms, and that he actually stayed in the house with the guests.
Kops said he and his lawyer have spoken with Fox Point Police Chief Tom Czaja and asked that the department stop harassing him and his guests.
“They have gone well, well, well beyond the concept of time share and well beyond the language of the ordinance,” Kops told Patch. “People rent out rooms all the time.”
He added the village’s ordinance has serious constitutional problems.
“At some point, property rights have to be respected," he said.
Fox Point’s time-share ordinance has two key provisions:
- Any time-share property in the village must comply with the Wisconsin law that regulates such properties, establishes rules for the management of time-share properties and include protections for those who purchase time shares.
- Time-share properties are subject to the village’s Planned Development Overlay zoning amendment, which allows for greater flexibility than basic zoning regulations
According to the police report:
On Aug. 15, Fox Point police were notified of a potential ordinance violation at Kops' home. An officer arrived at the residence and observed four cars parked in the driveway. The officer then approached the house and talked with a Muskego woman, who said she agreed to rent the house for five days.
Police say a rental agreement was visible on a stool in the entranceway of the residence, and the woman granted a request for a photocopy.
The woman told police she agreed to stay at the home for the five nights at $50 per night, per person. Ten people were to stay at the residence. The group ended up staying at the home from Aug. 15 to 19.