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HomeMy WebLinkAboutOrdinance 2019-542 ORDINANCE NO. 2019- 5-12- AN 12AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 217 ENTITLED "RENTAL PROPERTY," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH TO MODIFY RENEWAL TIMEFRAMES AND THE INSPECTION REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about May 17th, 2018, the City Commission adopted Ordinance No. 2018-522 which created a new article regulating Short-Term Vacation Rental in Multi-Family Dwelling Units (the "STR" Ordinance"); and WHEREAS, Section 217-16 B. of the STR Ordinance, in certain instances, currently allows for an STR license to be valid for more than a year, which may conflict with the annual expiration of state and county registrations, and; WHEREAS, Section 217-26 of the STR Ordinance requires an inspection only when there is a potential compliance issue; and WHEREAS, the City Commission wishes to amend the STR Ordinance to delete the provision that allows STR licenses to be valid for more than one year and to require the Owners of Short-Term Vacation Rentals to permit inspections by the City; and WHEREAS, the City Commission hereby finds this Ordinance necessary to enforce the STR procedures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and hereby made a specific part by this Ordinance upon adoption hereof Section 2. Amendment of Chapter 217. Section 217 of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended as follows: § 217-16. Expiration and Renewal of Short-Term Vacation Rental License. The following are the timeframes for expiration and renewal of a Short-Term Vacation Rental License: A. The Short-Term Vacation Rental License shall be valid for no more than one (1) year, and all licenses shall expire on September 30th of each year. B. The Owner or Responsible Party shall submit an application for renewal of a Short-Term Vacation Rental License at least thirty (30) days prior to the September 30th expiration date. If the application for renewal is filed after its expiration, a late fee shall be assessed. Ordinance amending STR fees Page I of 3 • - . . - :e .. eth remain valid and shall not expire until September 30th of the following year. * * * § 217-26. Inspection of Short-Term Vacation Rentals. No inspection of a Short Term Vacation Rental is required unless the Short Term Vacation provided before any inspection. The Owner ofa_Short-Term Vacation Rental' shall allow the City to inspect said Short-Term Vacation Rental at reasonable times and in a reasonable manner. Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. Inclusion in The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the I I14-day of 3v1 , 2019. PASSED and ADOPTED on Second Reading this I day of 'rEmEE2 2019. George . Scholl, Mayor ATTEST: I � Mauricio :•-tancur, CMC, City Clerk Ordinance amending STR fees Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Edward A. Dion, City Attorney Moved by: COVtcotE 6Lt*\i&vrsi1 Second by: Ccor - VOTE AS FOLLOWS: Mayor Scholl ( ✓ ) yes ( ) no Vice Mayor Svechin ( ) yes ( ) no Commissioner Goldman ( ✓) yes ( ) no Commissioner Lama ( V) yes ( ) no Commissioner Viscarra ( ) yes ( ) no Ordinance amending STR fees Page 3 of 3