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HomeMy WebLinkAboutOrdinance 2009-339 ORDINANCE NO. 2009- 133q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ENACTING A NEW SECTION ENTITLED "SHORT TERM RENTAL OF SINGLE FAMILY DWELLINGS", REQUIRING REGISTRATION OF SHORT TERM RENTALS IN SINGLE FAMILY NEIGHBORHOODS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under its home rule power, to exercise any power for municipal purposes, except when expressed prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is within the home rule power of the City; and WHEREAS, limitations on the rental of single family detached dwellings serves a substantial governmental interest preserving the character and integrity of residential neighborhoods; and WHEREAS, the City seeks to maintain residential districts that promote the permanent residency of families; and WHEREAS, the City Commission hereby finds this Ordinance necessary to protect the public welfare. 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 are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Purpose. The City Commission of the City of Sunny Isles Beach recognizes that the unregulated rental of single-family detached dwelling units by seasonal residents uniquely impacts certain neighborhoods within the City of Sunny Isles Beach. Therefore, it is necessary and in the interest of the public health, safety, and welfare to the monitor and provide reasonable means for citizens of the City of Sunny Isles Beach to mitigate impacts created by such rental of single family detached dwelling units within the City of Sunny Isles Beach as set forth in this Article. Section 3. Definitions. For the purpose of this Section, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent Enacting New Section Entitled Short- Term Rental Ordinance Page I of 4 with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. "Owner" shall mean the person whom is vested ownership, dominion, or title of property. "Responsible Party" shall mean the owner or the person designated by the owner of the property to be called upon to answer for the maintenance of the property and the conduct and acts of seasonal residents of single family detached dwelling units. "Single family detached dwelling" is a single family home located in the R-l and R-the zoning districts. "Seasonal resident" shall mean guests, tourists, lessees, vacationers, or others who lease a single-family detached dwelling unit for valuable consideration for a period of time between one (1) day to no more than six (6) months. "Short term rental" shall mean any occupancy of a single-family detached dwelling unit for a period of time between one (1) day to no more than six (6) months. Section 4. Registration Required. It shall be unlawful for any person to allow another person to occupy any single-family detached dwelling unit as a seasonal resident within the City of Sunny Isles Beach, or offer such rental services within the City of Sunny Isles Beach, unless the person has been registered with the City of Sunny Isles Beach in accordance with provisions of this Section. A registration is required for each rental period for which the single-family detached dwelling is rented. No more than four (4) registrations shall be issued within a twelve (12) month period. Every person required to procure a registration under this Section shall submit a formal application to the City Manager or designee. Section 5. Application for Registration. Applications for registration shall set forth and/or include at a minimum; 1) Address, lot, block and subdivision name of single -family detached dwelling unit offered for rental; 2) Name, address, and phone number of owner of said single-family detached dwelling unit; 3) Name, address, and emergency contact phone number of responsible party and tenant for said single-family detached dwelling unit, which shall be a twenty-four-hour, seven (7) days a week contact number; 4) That the phone number for the responsible party will be answered twenty-four (24) hours a day, seven (7) days a week by a party with authority to address or coordinate problems associated with the single-family detached dwelling unit; 5) Acknowledgements by owner and tenant of the following: Enacting New Section Entitled Short- Term Rental Ordinance Page 2 of 4 a. That all vehicles must be parked in the driveway of the single-family detached dwelling unit and clear of all grassy areas and sidewalk sections pursuant to City of Sunny Isles Beach Code of Ordinances; b. That it shall be unlawful to allow or make any noise or sound which exceed the limits set forth in the City's Noise Ordinance; c. That no garbage container shall be located at the curb for pickup before 12:00 pm of the day prior to pickup, and garbage container shall be removed before midnight of the day of pickup; d. That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a single-family detached dwelling unit, or, having authorized, licensed, or invited is warned by the owner or lessee, to depart the single-family detached dwelling unit and refuses to do so, commits the offense of trespass in a structure or conveyance; 6) Proof of owner's current ownership of the single-family detached unit and copy of lease between the owner and tenant. Section 6. Issuance or Refusal of Registration. The City Manager or his designee shall issue a registration to the applicant upon proof of the following: (1) The owner and/or tenant completes the City of Sunny Isles Beach registration application form; and (2) The registration fee has been paid to the City of Sunny Isles Beach; and (3) Incomplete registration applications are unacceptable and requested registration shall not issue. Section 7. Registration not transferable. No registration issued under this article shall be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued. Section 8. Expiration of Registration. All registration issued under the provisions of this article shall be valid for the rental period requested in the application. Section 9. Complaints. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Manager or his designee. Section 10. Fees for Registration. The City of Sunny Isles Beach is authorized and shall charge $25.00 for registration to compensate for administrative expenses. The fees for registration shall be provided for, from time to time, by resolution adopted by the City Commission of the City of Sunny Isles Beach. Section 11. 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. Enacting New Section Entitled Short- Term Rental Ordinance Page 3 of 4 Section 12. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances In conflict herewith be, and the same, are hereby repealed Section 13. 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 14. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the ~day of j\)c>-()~ ,2009. PASSED and ADOPTED on Second Reading this \rf' day of b!.c.~~, 2009. \: \ \ to. .. .. \.- . I , NOran S. Edelcup. " . /' . .~T'FEST: . . : ~,~ ". ~ '" \ ^ I ~ ' .~~tt~ ,J,ane A. Hines;'CMC, City Clerk '. '. . \ Moved by: "I~ ('(\~V" 1;t.v\L~R_ Second by: (i-1)~ ~~2.,t./ VOTE AS FOLLOWS: 4 -b ~ \ Mayor Ede1cup l.1L) yes Vice Mayor Thaler l0 yes Commissioner Brezin ~ yes Commissioner Goodman~ Commissioner Scholl 10 yes ~no ~no ~no ~no ~no Enacting New Section Entitled Short- Term Rental Ordinance Page 4 of 4 ~hc miami Hcralb m Publication Date: 12/06/2009 Ad Number: Insertion Number: Size: Color Type: 843027101 843027101 2X5,O B&W Client Name: Advertiser: Section/Page/Zone: Description: CITY OF SUNNY ISLES BEAC NBRS Aventura/AV19/Dade This EoSheet(R) is provided as conclusive evidence that the ad appeared In The Miami Herald on the date and page indicated. 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G i3 -< ~ 0. 0 ~ = <' ~ ~ @ n p.. ~: = . ......, :: i~ [Z 10 i-~ :0 ,m !~ !m [:0 ~P' :N 10 :0 '<.0 !- :ID :~ Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 12/1 7/2009 RE: Ordinance Prohibiting Short-Term Rental of Single Dwelling RECOMMENDA TION: The attached Ordinance is presented for your consideration. REASONS: Over the past couple of years, several resort communities have taken steps to eliminate the negative effects that short-term rentals have upon single family neighborhoods. These effects include but are not limited to noise, traffic, parties, and reduced property values. Additionally, several reports have indicated that short-term rentals can have a negative economic impact on resort communities by steering away business from traditional "institutional" accommodations such as hotels, apartment-hotel, condominiums, and timeshares. Some of these resort communities have adopted legislation that prohibits short-term rentals while others have imposed a registration requirement for short-term rentals. If the attached Ordinance is adopted, the City will seek to maintain the character of single family neighborhoods. Specifically, this Ordinance requires property owners and tenants to register with the City before renting single-family dwelling on a short-term basis. The Ordinance permits four (4) registrations within a twelve (12) month period. A TT ACHMENTS: . Ordinance . Notice of Public Hearing http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID= 13 8&MeetingID=0&MeetingDate... 12/8/2009 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 1 I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman Commissioner George "Bud" Scholl, Commissioner Rick Conner, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorne DATE: November 19,2009 RE: Ordinance Prohibiting Short-Term Rentals of Single Family Dwelling Recommendation: The attached Ordinance is presented for your consideration. Reasons: Over the past couple of years, several resort communities have taken steps to eliminate the negative effects that short-term rentals have upon single family neighborhoods. These effects include but are not limited to noise, traffic, parties, and reduced property values. Additionally, several reports have indicated that short-term rentals can have a negative economic impact on resort communities by steering away business from traditional "institutional" accommodations such as hotels, apartment-hotel, condominiums, and timeshares. Some of these resort communities have adopted legislation that prohibits short-term rentals while others have imposed a registration requirement for short-term rentals. If the attached Ordinance is adopted, the City will seek to maintain the character of single family neighborhoods. Specifically, this Ordinance requires property owners and tenants to register with the City before renting single-family dwelling on short-term basis. The Ordinance permits four (4) registrations within a twelve (12) month period.