HomeMy WebLinkAboutO-2025-004 Amending Ch. 16 Sec 16-2 Vacation Rentals AdvertisingORDINANCE NO. 2025-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, TO AMEND CHAPTER 16, ENTITLED “VACATION RENTALS”, OF
THE CITY’S CODE OF ORDINANCES BY AMENDING SECTION 16-2 TO
CLARIFY ADVERTISING PROHIBITIONS FOR VACTION RENTALS, DEFINING
VACTION RENTAL OCCUPANCY AND SPECIFICALLY REFERENCING THE
CITY’S NOISE ORDINANCE; PROVIDING FOR CONFLICTS; CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has a grandfathered Vacation Rental ordinance in place, which is
found at Chapter 16, of the City’s Code; and
WHEREAS, the City desires to provide clarity as to three matters: (1) that a vacation rental
property in the City is required to be leased for five consecutive days, and as such, any
advertisement for the property should reflect this requirement or face a code violation; (2) defining
vacation rental occupancy as those authorized to stay over night in the property (no more than 10
persons), while allowing visitors, which could exceed the 10 person capacity – with the qualifier
that these visitors cannot stay overnight; and (3) that the City amend the ordinance to specifically
reference the City’s noise ordinance provisions for clarity purposes; and
WHEREAS, these clarifications will resolve concerns raised in enforcement and will
assist the City in better regulating vacation rentals, without interference with state law
requirements;
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, entitled "Vacation Rentals” be amended as follows:
CHAPTER 16
VACATION RENTALS
* * *
Sec. 16-2. Vacation rentals.
* * *
(g) 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 regulation by
the county court or code enforcement special magistrate, the order of the court or special
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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.
(3) Advertising for less than five (5) consecutive days shall be indicia of a violation
and shall result in a notice of violation to issue.
* * *
(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 between the hours of 11:00 p.m. and
7:00 a.m. Third persons may visit the occupants, but no more than 10 persons may stay
overnight, as occupants of the vacation rental.
(2) The occupant(s) 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 occupant(s) should
specify all of the following:
(i) The name of all persons who will be occupying the unit;
(ii) The license tag numbers for all vehicles that the occupant(s) 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;
(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 occupant(s) 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 and eviction
from the vacation rental unit by the owner or resident agent, and potential liability
for payment of fines levied by the city.
(v) The occupant(s”) acknowledgement of knowledge of the City’s noise ordinance –
Section 17-81, of the City’s Code of Ordinances, which provides that it is unlawful
to allow noise that can be heard from distance of one hundred (100) feet from the
building; and between the hours of 11:00 p.m. and 7:00 a.m., it shall be unlawful
and considered an unreasonably loud sound to cause or permit to originate from the
real property he, she, or it controls, any sound which can be heard from any property
line of the emitting property.
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(4) Occupants may 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.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. 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 b e
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on February 11, 2025.
PASSED AND ADOPTED on second reading on February 25, 2025.
First Reading:
Motion by: Commissioner Ryan
Second by: Commissioner Lewellen
Second Reading:
Motion by: Commissioner Rimoli.
Second by: Commissioner Lewellen
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen X ____
Commissioner Luis Rimoli X ____
Commissioner Archibald J. Ryan IV X ____
Vice Mayor Marco Salvino ____ X
Mayor Joyce L. Davis X ____
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ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY