HomeMy WebLinkAboutO-2024-014 Amending Ch. 16 Sec. 16-3 Revocation Suspension or Transfer of VR CertificateORDINANCE NO. 2024-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 16, "VACATION RENTALS", AT
SECTION 16-3, "REVOCATION, SUSPENSION OR TRANSFER OF
VACATION RENTAL CERTIFICATE", TO PROVIDE AN ADDITIONAL
BASIS FOR REVOCATION OR SUSPENSION, AND TO GENERALLY
PROVIDE A CLEAN UP OF THE CODE OF ORDINANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION AND
FURTHER, PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to update its regulations as to
vacation rental revocation or suspension of a vacation rental certificate due to criminal activity on
the premises; and
WHEREAS, the City has seen an uptake in criminal activity centered out of vacation rental
units; and
WHEREAS, the City desires to update the code to try to protect the health, safety and
welfare of the residents from criminals intending to use vacation rental properties for criminal
purposes.
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 the following sections of the City's Code of Ordinances are hereby
amended to remove all reference to the obso lete terms of "civil service" and "classified services"
and generally provide a clean-up of the Code, as follows: to read as follows:
* * *
CHAPTER 16
VACATION RENTALS
* * *
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. Additionally, the reporting by the Broward
Sheriffs Office (BSO)/police department, or code compliance department of two or more
incidents in a 12 month period of misdemeanor or any felony activities at the vacation rental
property by a property owner, tenant or visitor/licensee, resulting in a police incident report
that the activities also caused a disturbance of the neighborhood will provide a basis for
suspension or revocation of a vacation rental certificate. Conviction or nolle prosecution of
the misdemeanor or felony activities of the property owner, tenant, licensee, is not needed to
support the suspension or revocation. Rather, the testimony of the officer that the
misdemeanor or felony activities resulted in a disturbance of the quiet enjoyment or safety of
the neighborhood shall be sufficient support of the city manager's decision to suspend or
revoke 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, of
up to $5,000, per day, per violation. 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. Nothing in this
chapter shall be construed to limit or supplant the power of the inspector(s), code enforcement
officer or code enforcement special magistrate under the city's ordinances, rules and
regulations 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 othe1wise 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 city manager or designee 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 chapter in a manner consistent with available staff resources.
2 ORDINANCE #2024-m
(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.
( l) 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 receiving notice of
the revocation or suspension by certified mail, in a form specified by the city and
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 three hundred (300) feet of the vacation
rental property.
(4) Appeal hearing. At the public hearing, the city commission shall consider the appeal
application, the relevant suppo11 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 relief 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
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 all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
3 ORDINANCE #2024-d.1
Section 5. That it is the intention of the Mayor and City Commission of the City
of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of the City of Dania Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. That this Ordinance shall be effective 10 days after passage.
PASSED on first reading _on MCtr C)1 / z_ , 2024.
PASSED AND ADOPTED on second reading on }vf 0.J (iV\ 2 W , 2024.
First Readin~.
Motion by: LC mrn iGXne ( \JatYJR✓S
Second by: ~ I c-e f\J C&c(CX: Le we l (.Q,,n
Second Rea~g: 1 _
Motion by: (f)mtn i SSiCO/?( \....LlrYle,5
Second by: V1 ct MC½-(X' LD.rve f ~
FINAL VOTE ON ADOPTION: Unanimous /
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
CITY CLERK
Yes No
APPROVED AS TO FORM AND CORRECTNESS:
4
ARC
MAYOR
ORDINANCE #2024-fil4