The Ogden Dunes Town Council has authorized Town Attorney Chuck Lukmann to take legal action against the owners of a home who, the council claims, have rented that residence for a period of less than 30 days, in what a statement released on Tuesday maintains is a violation of Town Code.

According to that statement, the Dune Acres Town Council voted unanimously to instruct Lukmann to prepare an ordinance violation complaint and a petition seeking a preliminary and permanent injunction against Steven and Lauren Siwinski, the owners of the home at 126 Shore Drive.

That complaint alleges that the Siwinskis’ home is located in a residential district, and that, beginning on June 18, 2008, for days thereafter, they rented their property for overnight accommodations for periods of less than 30 days. “Rentals of real estate for less than 30 consecutive days are a recognized commercial activity in the State of Indiana as the same constitutes the defendants as retail merchants,” the complaint reads. Town Code makes the commercial use of a single-family residential dwelling unlawful, the complaint adds.

Persons found in violation of Town Code in Ogden Dunes are subject to a maximum fine of $2,500 per violation per day of the violation.

“We are a residential town where three generations of families live, raise children, attend church, volunteer, and join our organizations,” Town Council President Judith Styles. “We are not a resort community and we want to defend the character of our town.”

Homeowners in Ogden Dunes may lawfully rent their property for periods of more than 30 days.

Posted 9/5/2007