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Home My WebLink AboutOrdinance 2019-545 ORDINANCE NO. 2019 - Sitc AN 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 LICENSE REQUIREMENT FOR DISPLAY; TO MODIFY ENFORCEMENT 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 217-14 C. of the STR Ordinance, lists the requirements and standards for the initial or renewal application processes of a Short-Term Vacation Rental License, and; WHEREAS, the property owners and responsible parties whom have already complied with the STR Ordinance are to be protected by adding their STR License number within their listings advertising their lawfully registered property; and WHEREAS, the City Commission wishes to amend the STR Ordinance by adding the requirement to list the City's issued STR License number within the property's advertisement listing(s); 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: § 217-14. Application for Short-Term Vacation Rental License. C. A completed application for the initial issuance, or renewal, or modification of the Short-Term Vacation Rental License shall demonstrate compliance with the standards and requirements set forth in this Article. The requirements of the application include but are not limited to the following: (17) Each Property Owner or Responsible Party shall provide and conspicuously display the City-issued Short-Term Vacation Rental License number in every Ordinance amending STR fees Page I of 3 advertisement or listing of any type in connection with the rental of each multi- family dwelling unit. Failure to comply with this requirement shall create a rebuttable presumption that the multi-family dwelling unit is being operated without the proper license. § 217-25. D. Appeal of License Suspension, Denial or Revocation. Any decision relating to the suspension, denial or revocation of a Short-Term Vacation Rental License under this Article shall be rendered in writing, and reviewed by the City Manager or designee, if a notice by the applicant is filed with the City Clerk within 10 days after the decision. The City Manager shall review the decision to determine if the initial decision should be affirmed or reversed. If the decision is affirmed by the City Manager, the applicant may appeal that decision to a Special Magistrate by paying the administrative cost of the hearing as per Chapter 14 and filing an appeal with the City Clerk with in ten (1.0) days after issuance of the decision by the City Manager. The City Clerk shall place the matter on the agenda of an upcoming hearing of the Special Magistrate, at which hearing the matter will be reviewed. The decision of the Special Magistrate shall be final. The Special Magistrate is authorized to assess administrative costs for the hearing against the applicant. Such final decision may be reviewed as permitted under Florida law. 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 l' day of SE?tt!►1$E2 , 2019. PASSED and ADOPTED on Second Reading this 11 ' day of OCtOMEF- , 2019. George Scholl, Mayor Ordinance amending STR fees Page 2 of 3 ATTEST: I i i tljj Mauricio Be : ur, MC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY lia/iltd°&IIP ward A. Dion, City Attorney First Reading �^ Second Reading Motion: VINE 019* S4C4410.1 Motion: Vick- Nita_ SJ1cC44-1^1 Second: COIVIOtls.Pt006C OOLLA4144 Second: (AVVI.tatc-Aton 12-- VISC Kkeic Vote on First Reading: Mayor Scholl `� (Yes) (No) Vice Mayor Svechin 1(Yes) (No) Commissioner Goldman V (Yes) (No) - Commissioner Lama I(Yes) (No) Commissioner Viscarra / (Yes) (No) Vote on Second Reading: Mayor Scholl I (Yes) (No) Vice Mayor Svechin —7(Yes) (No) Commissioner Goldman � (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra "(Yes) (No) Ordinance amending STR fees Page 3 of 3 ; ! • ,----, 1/4 S‘3"."ISZf4. City of Sunny isles Beach 0 0 .,401F-1.-:..., -0 ,..-, ....,. .,,..A,F,NL 1? 18070 Collins Avenue- • . . f.t.,-; :',,,,, -.:::''' CI . ' -73 Sny.lsteS BeaCh •Flotida 33160; -• • . , .f•rzir''.--- ---1I•*.ft - . •• ` . . . .3_11,, . , ., s4..t. (305)947-0606 City Hall ' - ,- • .. f Lc) 0 . (305)049;3113 Fax • • . ' - : ... , ., ... ., ... ., . . . . . . . . : ivtmbtAwiim....:....._ ... ......, , . ...___. . _.,.., . . . . . . . . - - ,To: , :.. .. . The Honorable Mayor.and City Commission VIA ChnstOphe?j:RUSSO: City Manage? . ' . ...— . •.FROM: Stan Morris, Deputy City Manager . . . ..: . . . ‘ ,.. .. . • .• ,: . DATE: 10/17/2019: :- ' , • _ - - • ..-- :- ' --- Ordinance for FirSt Reading Amending Chapter 217 . : i ' , • . - Article I"Registration forSeascrial Residents :' 7..N RECOMMENDATION: C.J This Ordinance is recornmendedfor approval.at first readingi,...:: : c . REASONS: The purpose of this ordinance is to;set.;the fee for short;term rental, registration in single-family homes by Resolution. The intent is to have _ the fees for single4amily;.home short term.rentals align with the short- -'• term rental license fee for multi-family dwelling units : . ,. -. , •,;„ .ATTACHMENTS: . _.. . ... Description Ordinance • Item Number 7.D. . . . . . :.- ,:: : ' -. • , . :.' -. •• ••••• t ::: ...-,•• :. ::: , s : • ' ,•:: • •• _ 1. . : :v. . . • • , , , - . e . : ! ' • " .• • • . • • . . •,. .: : 1 . • . , I • . 0 ' • . , • • • .: •: ' II 115 • 1