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O-735-17 ORDINANCE NO. 735-17 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, RELATING TO SHORT-TERM VACATION RENTALS, PROVIDING A DEFINITION OF A "VACATION RENTAL"; REQUIRING A LICENSE TO OPERATE A VACATION RENTAL, PROVIDING STANDARDS FOR ISSUANCE AND REVOCATION OF A "VACATION RENTAL" LICENSE, REQUIRING INSURANCE FOR A "VACATION RENTAL"; PROVIDING STANDARDS OF OPERATIONS, PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS SECTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, prior to 2011 Florida's cities and counties regulated local land use issues and decisions under the Home Rule authority granted them by the Florida Constitution; and WHEREAS, the 2011 Florida Legislature enacted House Bill 883 (Florida Chapter 2011-119, Laws of Florida) (hereafter "HB 883") which preempted the local regulation of a specific land use commonly called short-term vacation rentals (transient rentals less than 30 days in duration and commonly located in residential areas); and WHEREAS, the 2014 Florida Legislature enacted Senate Bill 356 (Florida Chapter 2014-71, Laws of Florida) (hereafter "SB 356") which rescinded the previous preemption on local regulation of short-term vacation rentals, but provided that a local law, ordinance, or regulation adopted after June 1, 2011 may not prohibit short-term vacation rentals or regulate the duration or frequency of vacation rentals; and WHEREAS, Senate Bill 356 has returned some local control back to communities to mitigate the effects of short-term vacation rentals in an attempt to make them safer, more compatible with existing neighborhoods, and accountable for their proper operation; and WHEREAS, short-term vacation rentals with no application of mitigating standards when located in residential neighborhoods can create disproportionate impacts related to their size, excessive occupancy, and the lack of proper facilities if left unregulated; and WHEREAS, short-term vacation rentals locating within established neighborhoods can disturb the quiet enjoyment of the neighborhood, lower property values, and burden the design layout of a typical neighborhood; and WHEREAS, the unregulated presence of short-term vacation rentals within single- family dwelling units in established residential neighborhoods can create negative compatibility impacts, among which include, but are not limited to, excessive noise, on-street parking, accumulation of trash, and diminished public safety; and WHEREAS, the establishment of minimum business practices, such as the provision of both lease-specific and property-specific information to lessees, and the designation of a local Short-Term Vacation Rental Responsible Party helps to ensure that the private property rights of the short-term vacation rental owner are balanced with the needs of the Village to protect visitors and tourists and to preserve the general welfare through its limited regulatory power; NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that: Section 1. Chapter 12 of the Miami Shores Village Code of Ordinances is hereby amended by adding a new definition to section 12-01, as follows: "Vacation Rental" means a non-owner-occupied dwelling unit that is available for rent or for hire for transient occupancy by guests for a period of time less than 3 months in duration. Section 2. Chapter 12 of the Miami Shores Village Code of Ordinances is hereby amended by adding a new Article XIII, Vacation Rentals, section 12-266, et seq., as follows: Sec. 12-266: Vacation Rentals—License Rem No owner of a dwelling unit shall rent or lease the dwelling unit as a vacation rental without first having obtained a vacation rental license. A separate license is required for each dwelling unit used as a vacation rental. The license shall be valid for one year only, and may be renewed as set forth in this section, and shall be valid only for the person to whom it was issued and shall not be subject to sale, assignment, or transfer, voluntary or involuntary, nor shall the license be valid for any premises other than that for which it was originally issued. The license shall be displayed in a conspicuous place in the vacation rental. The fee to apply for a license issued under this subsection shall be $750, which must be tendered at the time of application and shall not be refunded if an application is denied. The annual fee for renewing an existing license shall be $500. Sec. 12-267: License Application, Denial or Revocation for Cause Issuance of a license or renewal of a license shall be denied, and any license issued hereunder may be revoked for cause, for any of the following reasons: (1) The applicant does not own the vacation rental; (2) The applicant's license under this section for any property has been revoked for cause within two years of the date of the application; (3) A license issued under this section for a vacation rental for that dwelling unit has been revoked for cause within two years of the date of the application; (4) The applicant makes any false, misleading or fraudulent statement or misrepresents any fact in the license application, or uses any scheme or subterfuge for the purpose of evading any provision of this chapter; 2 (5) The applicant fails to establish through documentary proof that it has (i) registered with the Florida Department of Revenue for sales tax collection; (ii) registered with the Miami-Dade County Tax Collector for Tourist and Convention Development Taxes on Transient Rentals; (iii) obtained a business tax receipt from Miami-Dade County; and (iv) obtained a business tax receipt from the Village of Miami Shores. (6) The applicant fails to establish proof of licensure with the Florida Department of Business and Professional Regulation for a transient public lodging establishment; (7) If the applicant is a corporation, general partnership, limited partnership, limited liability company or trust/trustee, and any principal thereof(including but not necessarily limited to officers, directors, general partners, managers, Trustees or beneficiaries) would be ineligible to receive a license under this section, such ineligibility shall be imputed and applicable to said applicant; (8) Failure of the condominium association where the property is located to adopt provisions which approve or permit the use of the premises for vacation rentals; (9) Lapse of insurance required under this section; (10) The applicant fails to provide an approved inspection report of the fire marshal verifying compliance with the fire marshal's criteria for such use; (11) The applicant fails to provide a copy of the form vacation rental/lease agreement to be used when contracting with any occupant for the use of the Vacation Rental; or (12) The applicant or Vacation Rental are in violation of any of the Standards of Operation provided under this section. The application for a license under this chapter must be made to the village manager or his designee on appropriate forms generated by them for such purpose. The application for a license under this section must contain (a) the name, address of the applicant, and contact information including telephone number and email address for a local contact person within Miami-Dade County and attached to the application shall be an affidavit from the local contact person attesting that the person (1) is authorized by the owner to take remedial action and respond to any violation of this code; and (2) maintains a residence or office located in Miami-Dade County. The application shall also set forth the name, address and telephone number of an individual within Miami-Dade County authorized to accept service of process upon the applicant. If applicable, attached to each application shall be an affidavit executed by a duly authorized representative of the condominium association attesting that the dwelling unit can be used as a vacation rental and specifically identifying all the other dwelling units in the condominium approved to be used as vacation rentals. As a condition of the license, the licensee shall keep all information current. Any change in required information shall be reported to the Village within 30 days after the change. Such applications shall also include documents sufficient to prove the applicant's current ownership of the property, that the applicant has registered with the Florida Department of Revenue for sales tax collection and any applicable county taxes, that the applicant has been licensed with the Florida Department of Business and Professional 3 Regulation to operate the premises as a transient public lodging establishment. It shall be unlawful for any person to give any false or misleading information in connection with the application for registration required by this section. The applicant must agree to indemnify the Village from any cost or expense reasonably incurred by the Village in the course of enforcing the standards prescribed herein, as well as any claim against the Village arising from the licensed activity. The Village will only accept an application that contains all of the information set forth in this subsection. Upon receipt of a completed application, the Village shall apply the standards set forth in this Article to determine whether to accept or reject the application within ten(10)business days. The village manager, or his designee, is authorized to generate all forms, applications and permits which are necessary and appropriate to implement this section. The village manager, or his designee, must act to approve or disapprove any completed application for a license under this section with ten (10) business days. If an application is denied, the village manager must provide the basis for the denial of the application in writing. Any decision by the village manager to deny an application for a license under this section is subject to review and may be reversed, if appropriate, by a majority vote of the Village Council. Sec. 12-268: Insurance Required Prior to the issuance of any license under this Article, each applicant shall furnish a certificate of insurance evidencing: (1) homeowners fire, hazard and liability insurance; and (2) general commercial liability insurance with limits of not less than $1,000,000 per occurrence, combined single limit, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The licensee shall maintain the insurance required under this section in full force and effect for the duration of the license period. Sec. 12-269: Standards of Operation (a) No licensee shall rent or lease any Vacation Rental unless it is in full compliance with the Minimum Housing Standards Ordinance. (b) The licensee shall at all times maintain current guest registration records which contain the following information about each guest: (a) the guest's name; (b)home address; (c) signature; and (d) dates of accommodation. The registration records shall be kept on file for three years and made available for inspection by Village officials during regular business hours or upon demand in the case of an emergency. (c) No licensee shall knowingly permit any criminal activity or public nuisance to take place in or about the Vacation Rental. If a licensee knows, is informed of, or suspects that any criminal activity or public nuisance is taking place in the 4 Vacation Rental, that person shall immediately notify and cooperate with the Miami Shores Village Police Department. (d) The maximum number of occupants in a Vacation Rental shall be no more than one person per 150 gross square feet of permitted air-conditioned living space of the dwelling unit for which the license is issued, and in no event shall overnight occupants exceed 2 persons per Vacation Rental plus 2 persons per bedroom in the Vacation Rental. The occupancy restriction set forth herein is a maximum occupancy. (e) An evacuation diagram identifying all means of egress from the Vacation Rental and the building in which it is located shall be placed in a conspicuous place near the inside front entrance door of each bedroom within each Vacation Rental. (f) No licensee shall serve or otherwise provide alcohol to any guest. (g) Each guest shall be provided soap, clean individual bath cloths and towels, and clean linen in good repair. Linens and bath cloths and towels shall be changed between each change of occupants. (h) The Vacation Rental shall be cleaned and sanitized between occupancies and all food, beverages and alcohol shall be lawfully disposed. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between occupancies. (i) The name and phone number of the local contact person and the Vacation Rental licensee shall be posted in a conspicuous place near the entrance of the Vacation Rental. 0) Any licensee who provides food to guests shall comply with all applicable food handling and licensing requirements. (k) All vehicles associated with the Vacation Rental must be parked within the subject property in compliance with the Code of Ordinances of Miami Shores Village; and (1) All guests to the Vacation Rental shall comply with all applicable Village, county, state and federal laws, rules,regulations ordinances and statutes. Sec. 12-270: Violations Any violation of Sections 12-266 et seq. shall be punishable as a Second Degree Misdemeanor and by a fine of up to $500 per day, per unit, per violation or both. A Village code inspector may also enforce the terms of this section by bringing a case to the code enforcement board pursuant to its authority under Village Code. In addition, upon a showing of a substantial violation of Sections 12-267 or 12-269, any license granted hereunder may be revoked for cause,upon notice and opportunity to be heard, by the code enforcement board. In addition to any other remedy available to the Village, the Village may enforce the terms of this section in law or equity against any violator. The Village, by and through its Village Attorney or Police Department, may apply for an administrative search warrant to enter upon the premises of any residence subject to this section. Each day that such violation exists shall constitute a separate and distinct offense. In addition to any other fine or penalty provided for in this section, any person who operates a Vacation Rental without a license issued under this chapter may be subject to arrest and shall be guilty of a First Degree Misdemeanor. 5 In addition to any other fine or penalty provided for in this section, it shall be unlawful for any owner, tenant, broker, realtor, agent or other representative of the owners to hold out or advertise a residential dwelling as a Vacation Rental if the property is not licensed, as provided in this section. A broker or realtor who is found in violation of this regulation shall be subject to business tax receipt revocation. Section 3: Severance of Invalid Provisions If any section, subsection, sentence, clause,phrase,word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 4: Repeal of Ordinances in Conflict All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 5: Effective Date This ordinance shall take effect sixty days following approval and adoption on second reading. PASSED on first reading,this 7th day of February 2017. PASSED AND ADOPTED on 2nd and final reading,this 21s' day of February , 2017. ATTEST: *�U 104 Alice Burch, Mayor Barbara A. Estep, MAC Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attorney 6