HomeMy WebLinkAboutO-2011-017 Creating Chapter 16 Vacation Rentals ORDINANCE NO. 2011-017
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO
AMEND THE CODE OF ORDINANCES BY CREATING CHAPTER 16
"VACATION RENTALS" OF THE CODE OF ORDINANCES, IN ORDER TO
PROVIDE FOR REGULATIONS OF "VACATION RENTALS" AS DEFINED
WITHIN HOUSE BILL 883; PROVIDING FOR A MINIMUM REQUIRED
RENTAL PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS, Article VII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance thereof; and
WHEREAS,rental of residential dwelling units to transient visitors("vacation rentals") can
result in incompatible adverse impacts on neighborhoods including, but not limited to, increased
noise, garbage, litter and traffic, changes to the private residential character of the neighborhood,the
uncertainty and instability of the identity of occupants of neighboring properties, and a decline in
the shared sense of community; and
WHEREAS, the City Commission finds that vacation rentals increase demands on water
and wastewater and on the City's code enforcement, police, fire and emergency services, beyond
those demands created by residential dwelling units, thereby requiring the City to increase its
spending and collection of ad valorem tax revenues to fund these services; and
WHEREAS, the primary reasonable investment-backed expectation of owners of
residential dwelling units in the City is the use of that unit as a residence, and not as a vacation
rental; and
WHEREAS,it is not the intent of this Ordinance to restrict or regulate the length or term of
rental of dwelling units for residential purposes, and the City Commission finds that a rental period
of at least thirty days or one calendar month is a residential use; and
WHEREAS, short rental periods to transient occupants is a use that is more commercial in
nature,that is best accommodated by hotels,motels and timeshares; and
WHEREAS, the City Commission finds that a regulation requiring a minimum vacation
rental period of no fewer than five (5) days will contribute to the stability of existing residential
neighborhoods, because it is a use that is compatible with the residential dwellings in single family
and multi-family zoning districts; and
WHEREAS, regulation of vacation rentals will protect visitors to the City by assuring that
fire and safety inspections are periodically conducted, requiring that they receive necessary
information about the dwelling which they have rented, and notifying them of the owner of the
dwelling's obligation to provide for their safety and welfare; and
WHEREAS,regulation of vacation rentals is necessary in order to protect the public health,
safety, and welfare of the City, its residents and its visitors, and the City Commission therefore
seeks to update and amend its regulation of rental properties; and
WHEREAS, Section 509.032(7), Florida Statutes, as amended by House Bill 883 (2011)
provides that a local law, ordinance, or regulation may not restrict the use of vacation rentals,
prohibit vacation rentals, or regulate vacation rentals based solely on their classification, use, or
occupancy; however, this preemption does not apply to any local law, ordinance, or regulation
adopted on or before June 1,2011; and
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WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of the public hearing;
and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 16 "Vacation Rentals" of the Code of Ordinances is created
to read as follows:
See. 16-1. Definitions.
As used herein, unless otherwise defined or required by the context, the following words and
phrases shall have the meaning indicated:
Vacation rental shall mean any unit or group of units in a condominium, cooperative, or
timeshare plan or any individually or collectively owned single-family, two-family or four-
family house or dwelling unit which is also a"transient public lodging establishment."
Transient public lodging establishment means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings which is rented to Quests more than three
times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less,
or which is advertised or held out to the public as a place regularly rented to guests.
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Sec. 16-2. Vacation rentals.
(a) Applicabilily. This chapter shall apply to a vacation rental, as defined in Section 16-1, of a
single-family dwelling, a two-family dwelling, a three-family dwelling, or a four-family
dwelling. This chapter shall not apply to vacation rentals within a multi-family residential
building or a group of multi-family residential buildings, which includes more than four (4)
individual dwelling units within such building or group of buildings.
(b) Vacation rentals prohibited unless in compliance with this chapter. No person shall rent or
lease all or any portion of a dwelling unit as a vacation rental as defined in Section 16-1 without
first(i) obtaining a business tax receipt from the City pursuant to Chapter 15 of the Code, and(iij
complying with the regulations contained in this Chapter. No person shall allow occupancy or
possession of all or any portion of a dwelling unit as a vacation rental if the dwellingis s in
violation of any zoning,building, housing, density, life/safety and fire codes or regulations.
(c) Prohibition. No person shall allow occupancy or possession of all or any portion of a
dwelling unit as a vacation rental for fewer than five (5) consecutive days.
(d) Vacation rental certificate. Any property owner, who wishes to use his or her dwelling unit
as a vacation rental, must first apply for and receive a vacation rental certificate from the City,
and renew the certificate annually for as long as the unit is used as a vacation rental. Each
dwelling unit used as a vacation rental requires a separate vacation rental certificate. An annual
certificate fee shall be paid for each dwelling unit certified as a vacation rental, in an amount to
be determined by resolution of the City Commission, to cover the costs of administration of the
certificate and inspection program. Failure to comply with any of the requirements of this
section shall be grounds for revocation or suspension of the certificate, in accordance with the
requirements contained herein.
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(e) Application for a vacation rental certificate. Each property owner seeking a vacation rental
certificate, or renewal of a vacation rental certificate, shall submit an application in a form
specified by the City Manager or designee, along with an application fee in an amount to be
determined by resolution of the City Commission. At a minimum, the application shall include
all of the following:
1. The name, address and phone number of the owners) of record of the dwelling unit
for which a certificate is sought; and
2. The address of the unit to be used as a vacation rental, and
3. The name, address and phone number of the designated vacation rental agent; and
4. The owner's sworn acknowledgement that he or she has received a copy of this
chapter,has reviewed it and understands its requirements, and
5. Proof of compliance with Chapters 212 (Florida Tax and Revenue Act,) and 509
(Public Lode Establishments), Florida Statutes, and Rules 69A-43 (Uniform Fire
Safety Standards for Transient Public Lodging Establishments) and 69A-60 (the Florida
Fire Prevention Code), Florida Administrative Code,where applicable; and
6. A copy of the City's inspection report; and
7. A sketch of the vacation rental property's floor plan and site, including parkin areas;
and
8. The number and location of designated parking spaces leery available for occupants
of the vacation rental, excluding public parking spaces, and
9. An indication of whether pets will be allowed in the vacation rental; and
10. The owner's agreement to use his or her best efforts to assure that the vacation rental
use of the dwelling unit will not disrupt the residential character of the neighborhood, and
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will not interfere with the rights of neighboring property owners to the quiet enjoyment of
their residences, and
11. Any other information that this section, or any rules and procedures for
implementation of this section, requires the owner to provide to the City as part of
application for or renewal of a vacation rental certificate.
(fl Inspections/Re-inspections of vacation rentals.
1. An inspection of the dwelling unit for compliance with zoning, building, housing,
density, life/safety and fire codes or regulations is required prior to issuance of a vacation
rental certificate. If violations are found, all violations must be corrected and the
dwelling unit must be re-inspected prior to issuance of the vacation rental certificate as
provided herein. A combined inspection can be requested for purposes of the business
tax receipt and the vacation rental certificate for the vacation rental unit.
2. Dwelling units used for vacation rentals must be properly maintained and must be re-
inspected annually_
3. If the inspectors) has made an appointment with the property owner to complete an
inspection, and no adult person was at the dwelling unit to admit the officer at the
scheduled time, the applicant shall be charged a "no show" fee in an amount to be
determined by resolution of the City Commission to cover the expense incurred by the
City
4. If the inspector(s) is denied admittance by the property owner, or if the inspector(
fails in at least three attempts to complete an initial or renewal inspection of the dwelling
unit because there was no adult person present to admit him or her, the inspectors shall
provide notice of failure of inspection to the property owner by certified mail or other
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legal service to the address shown on the existing vacation rental certificate or the
application for vacation rental certificate. Within ten (l0) d4ys after receipt or refusal of
such notice, the property owner shall arrange for the inspector(s)' access to the dwelling
unit for the completion of the required inspection.
(jz�) Code violations.
1. If an owner of a dwelling unit used for vacation rentals has been cited and found to be
in violation of a zoning, building, housing, density, life/safety or fire code or re lgu ation
by the county court or code enforcement special magistrate, the order of the court or
special magistrate shall include payment of an administrative fee for each required
inspection or re-inspection of the dwelling unit in an amount to be determined by
resolution of the City Commission. The required inspection fees shall be included as part
of the administrative costs assessed by the City and shall be included in any liens filed by
the City.
2. Each day of renting a dwelling unit for vacation rental use without having a vacation
rental certificate shall constitute a separate and distinct violation of this section.
(h) Vacation rental aggent.
1. The property owner shall designate a vacation rental agent on its vacation rental
certificate application or renewal, and provide the agent's name, address and phone
number. The property owner may serve as the vacation rental agent. Alternatively, the
owner may designate as his or her agent any natural person 18 years of age or older, who
is (i) customarily present at a business location within the City for the purposes of
transacting business, or (ii) actually resides within the City. In order to be designated a
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vacation rental agent,_ a person must first present the City with written certification that he
or she agrees es to perform the duties specified in 2. below.
2. The duties of the vacation rental agent are to:
(i)be available at the listed phone number twenty-four(24) hours a day, seven(7)
days a week to handle any problems arising from the vacation rental use; and
(ii) be able and willing to come to the vacation rental dwelling unit within three
(3) hours following notification from the City of issues related to the vacation
rental, and
(iii)receive service of any notice of violation of this chapter; and
(iv) monitor the vacation rental dwelling unit at least weekly to assure continued
compliance with the requirements of this chapter.
3. Vacation rental agent status may be suspended or revoked by the City Manager
vacation rental agent fails to perform any of the above-listed duties, after proper notice
and hearing. The City shall maintain a written record of its contacts with vacation rental
agents, including a notation of whether the agent responded within the three(3) hours and
how the issue was resolved.
(i) Suspension. The City Managermay suspend a person's vacation rental agent
status for any or all vacation rental property in the City for minor violations for a
period of time not to exceed three (3) months, or until certain conditions have
been complied with or violations cured.
(ii) Revocation. The Cijy Manager may revoke a person's vacation rental agent
status for all vacation rental property in the City for major or repeated violations.
After revocation of a property owner's vacation rental certificate, the owner shall
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not reapply for a vacation rental agent status for any vacation rental property in
the City until the basis for the revocation has been resolved and in no event prior
to six (6)months following the date of revocation.
4. An owner may change his or her designation of a vacation rental agent temporarily or
permanently; however, there shall only be one (1) vacation rental agent for each vacation
rental property at any given time. To change the designated agent, the owner shall notify
the City in writing of the name, contact information and certifications required in (h)1.
above for the new vacation rental agent and pay the applicable fee, if any, determined by
resolution of the City Commission. Any notice of violation or legal process which has
been delivered or served upon the previous vacation rental agent, prior to the City's
receipt of notice of change of the vacation rental agent, shall be deemed effective service.
5. It shall be the sole responsibility of the property owner to appoint a reliable vacation
rental agent and to inform the agent of his or her correct mailing address. Failure to do so
shall not be a defense to a violation of this section. No property owner shall designate to as
a vacation rental agent any person who does not expressly comply with the provisions of
this section. The property owner or the vacation rental agent shall be deemed to be the
"violator" of this section as the term is used in Section 162.06, Florida Statutes. Service
of notice on the vacation rental agent shall be deemed service of notice on the property
owner, tenant and violator.
6. A person may serve as a vacation rental agent for one or more vacation rental property
owners if:
(i the agent provides the City with written authorization from each owner
represented; and
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(ii) each authorization must state that the owner has received a copy of, has
reviewed and understands this section; and
(iii) each owner must sign the authorization and acknowledge the requirements of
this section.
(i) Vacation rental occupants.
1. Maximum occupancy of a dwelling unit for vacation rental use shall not exceed two
(2) persons per bedroom plus two persons, but in no event shall the total occupancy of
any single vacation rental dwelling unit exceed ten (10) persons or violate the minimum
housing standards of Chapter 8 `Buildings"of this Code.
2. The occupants) of each vacation rental dwelling unit should receive a written copy of
this chapter and the City's pet, noise, and trash regulations.
3. The written agreement between the property owner and the occupants) should specify
all of the following:
G)the name of all persons who will be occup,n�ng the unit, and
(ii) the license tag numbers for all vehicles that the occupants will be parking at
the unit, with a total number not to exceed the number of legal parking spaces at
the unit, as designated on the vacation rental certificate; and
(iii) the occupant(s)' agreement to abide by all the requirements of this section,
and acknowledgement that his or her rights under the agreement may not be
transferred or assigned to anyone else without a new agreement being entered into
between the new occupants) and the owner; and
(iv) the occupant(s)' acknowledgement and agreement that violation of the
agreement or this section may result in immediate termination of the agreement
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and eviction from the vacation rental unit by the owner or resident agent, and
potential liability for payment of fines levied by the City.
4. Occupants mgy only park in the spaces designated on the vacation rental certificate
sketch.
5. All occupants must evacuate from the vacation rental upon posting of any nonresident
evacuation order.
(j) Vacation rental dwelling
1. There shall be posted, in the unit on or within ten (10) feet of the front door, all of the
following information:
(i) The name, address and phone number of the vacation rental agent; and
(ii) The maximum occupancy of the unit; and
(iii) The maximum number of vehicles that can be parked at the unit, alongwith ith a
sketch of the location of the parking spaces; and
(iv) The days of trash pickup, and a notice that trash shall not be left or stored
outside the unit except after 6:00 pm on the day prior to pickup and the trash
containers shall be removed from the curb no later than 6:00 pm on the day of
pickup; and
(v) The location of the nearest hospital and police station; and
NO A legible copy of the vacation rental certificate: and
(vii) A legible copy of this chapter; and
(viii) A legible copy of the agreement between the owner and the vacation rental
occupant(s), for the duration of the rental period covered by that agreement.
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2. Each vacation rental unit must contain the covered trash container(s) provided by the
City's waste hauler. Placement of trash container(s) for curbside pickup shall be in
compliance with City regulations.
Sec. 16-3. Revocation, suspension or transfer of vacation rental certificate.
(a)Violation of Section 16-2, after proper notice and hearing, shall provide a basis for revocation
or suspension of a vacation rental certificate.
1. Suspension. The City Manager may suspend the vacation rental certificate for a
specific period of time not to exceed six (6) months, or until certain conditions have been
complied with or violations cured.
2. Revocation. The City Manager may revoke the vacation rental certificate. After
revocation of a property owner's vacation rental certificate, the owner shall not reapply
for a vacation rental certificate for any dwelling unit in the City until the basis for the
revocation has been resolved and in no event prior to six (6)months following the date of
revocation.
3. Penalty. If the property owner, after such revocation or suspension, thereafter
continues to allow vacation rental use of the dwelling unit, each day of continued use
shall be a continuing violation subject to a fine up to the maximum permitted by law per
day, which fine shall result in a lien upon the vacation rental dwelling unit or other
property of the owner as otherwise provided in this Code.
(b) No limitation of remedies. Nothing in this chapter shall limit the City from enforcement of
its Code, state or federal law by any other legal remedy available to the City. Nothingin this
chapter shall be construed to limit or supplant the power of the inMector(s), code enforcement
officer or code enforcement special magistrate under the City's ordinances, rules and regulations
12 ORDINANCE#2011-017
and the authority granted under state law, to take necessary action, consistent with the law, to
protect the public from property which constitutes a public nuisance as defined under state law or
the City's ordinances, codes or regulations or to abate a nuisance by any other lawful means or
proceedings.
(c) Sale or transfer of dwelling unit used for vacation rentals. Whenever a dwelling unit used
for vacation rentals is sold or otherwise changes ownership and the new owner desires to use the
unit for vacation rentals, the new owner must, prior to allowing any vacation rental use of the
unit:
1. Schedule and obtain an inspection of the dwelling unit with the code compliance unit
and
2. Apply for a vacation rental certificate for the vacation rental use.
(d) Rules and procedures. The Cijy Manager or designee a may create rules and procedures to
assist in the implementation of this chapter, including but not limited to a timeline and procedure
for all existing vacation rentals to apply for and obtain their first vacation rental certificate
pursuant to this Ordinance in a manner consistent with available staff resources.
(e) Appeals. A revocation or suspension of the vacation rental certificate, or of vacation rental
agent status, by the City Manager may be appealed to the City Commission, as provided in this
subsection.
1. Applicability. The owner of vacation rental property may file an appeal of a revocation
or suspension of a vacation rental certificate. A person may file an appeal of a revocation
or suspension of his or her vacation rental agent status.
2. Filing of Appeal. The appeal shall be filed within thirty(30) days of receivingn otice
of the revocation or suspension by certified mail, in a fonn specified by the City and
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accompanied by an application fee in an amount to be determined by resolution of the
City Commission. Failure to file an appeal within thirty (30) days shall constitute a
waiver of all rights to appeal the revocation or suspension.
3. Notice and Scheduling of Appeal Hearing. The public hearing on the appeal shall be
scheduled for the first available City Commission meeting following completion of the
City's review and evaluation of the application or such other time as is mutually agreed
upon between the applicant and the City Manager. If the appeal involves a vacation
rental certificate, the property owner shall be responsible for providing mailed notice of
the hearing to all property owners located within 300 feet of the vacation rental property.
4. Appeal Hearing. At the public hearing, the City Commission shall consider the
appeal application, the relevant support materials, the City Manager's recommendations,
and public testimony given at the hearing. If, at any time during the public hearing, the
City Commission determines that the appeal is based upon incomplete or inaccurate
information or misstatements of fact, it may deny the appeal or refer the application back
to the City Manager for further review and revised recommendations. The City
Commission shall presume the original decision of the City Manager was correct, and
shall only overturn such decision where there has been an error of fact or law. At the
close of the public hearing, the City Commission, by not less than a majority of the
quorum present, shall approve a resolution granting, granting with conditions, or denying
the appeal.
5. Judicial Relie . The applicant, or any aggrieved person who has opposed the appeal at
the public hearing, may appeal the decision of the City Commission by filing a petition
for writ of certiorari in the circuit court in and for Broward County, in accordance with
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the procedures provided by the Florida Rules of Civil Procedure and the Florida Rules of
Appellate Procedure.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section,""Article"or other appropriate word.
Section 5. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on May 20, 2011.
PASSED AND ADOPTED on second reading on May 31, 2011.
ATTEST: g�owa�-sa
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO F RM AND CORRECTNESS:
�'
THOM k J.A.14SARO
CITY ATTORNEY
15 ORDINANCE#2011-017