This is a copy of the proposed rental ordinance.
CITY OF MARCO ISLAND
ORDINANCE NO. 15-01 3
AN ORDINANCE OF THE CITY OF MARCO ISLAND, 5 FLORIDA CREATING A NEW ARTICLE IN CHAPTER 8, 6 BUSINESSES, IN THE CODE OF ORDINANCES, CITY OF 7 MARCO ISLAND, FLORIDA, CONCERNING THE 8 REGISTRATION AND OPERATION OF SHORT-TERM 9 RENTALS; PROVIDING FOR CONFLICTS; PROVIDING 10 FOR SEVERABILITY; PROVIDING FOR INCLUSION IN 11 THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 12
WHEREAS, the City Council of the City of Marco Island finds that there are residential rental properties within the City are not being properly maintained or managed, creating a potential nuisance for neighboring properties; and
WHEREAS, the Council desires to ensure that residential properties available as short-term rentals are properly maintained and operated; and
WHEREAS, the Council finds that inadequately maintained and operated properties directly affect the surrounding neighborhoods and the City as a whole, and that the regular collection and maintenance of accurate information about rental properties will aid in ensuring compliance with this Ordinance and the Code in general; and
WHEREAS, the Council, therefore, desires to establish a registration program to educate rental property owners, their managers and tenants, on compliance with various statutory and Code requirements relating to the short-term rental of residential property; and
WHEREAS, intent of this Ordinance is to collect current and accurate information regarding rental properties and to encourage the appropriate management of those properties in order to protect the general health, safety and welfare of the residents of and visitors to the City of Marco Island.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF MARCO ISLAND, FLORIDA:
SECTION 1. Recitals
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true, correct and reflective of the legislative intent underlying this Ordinance.
SECTION 2. Amendment and Adoption
The amendments to the Code contained in this Ordinance are hereby amended or created and adopted as follows:
Article V Short-Term Rentals
Sec. X.1. Applicability
1. The provisions of this Article shall apply to any residential dwelling or group of dwellings units, as defined in Section 30-10 of the Code, including those units in a condominium or timeshare located in the City that is, at any time, rented or leased to members of the public for a period less than one (1) year. The Article does not apply to motels or hotels as defined in Section 30-10 of the Code.
2. All owners of properties subject to the provisions of this Article shall, prior to offering their property for rent or lease to the public, register each dwelling unit with the City.
3. In addition to their tenants the owner of all applicable properties are at all times ultimately responsible for compliance with the terms of this Article, failure of any tenants, their guests, or agents of the owner to comply will be deemed noncompliance by the owner.
Sec. X.2 Registration, Inspections and Fees
1. Rental Property Registration.
(a) Registration is required for every dwelling subject to this Article. If a property contains more than one (1) dwelling, a separate registration shall be required for each dwelling.
(b) Condominium and home owner associations acting in accordance with Chapter 718 and 720, Florida Statutes, respectively, may obtain a blanket registration for the entire property, encompassing all affected dwellings, provided such registration is supported by a majority of the total ownership and as evidenced by an official action of the association. However, in the event the association has been found in violation three (3) times by the City’s Special Magistrate within the past 365 days the blanket registration shall be revoked and each affected dwelling will be required to obtain an individual registration.
(c) As a prerequisite to the issuance of a registration pursuant to this Article, each unit owner must show evidence of having obtained the requisite license or a qualifying exemption from the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation.
(d) Property managers of dwellings regulated by the Article need to obtain a separate registration from the City.
2. Inspections. Every dwelling subject to this Article shall receive an initial inspection to ensure compliance with the applicable Florida Building Code and Fire Prevention Code provisions. Dwellings built prior to March 1, 2002 shall be subject to annual re-inspection. Dwelling built after March 1, 2002 will be subject to biannual re-inspections until December 85 31, 2025 at which time such dwellings will be subject to annual re-inspection.
3. Term and Renewal. Initial registrations are valid through December 31, 2016. All subsequent registrations are valid for term of one (1) calendar year after issuance. Renewals applications that are not submitted in a complete and final form within 30 days of the expiration of the preceding term may be treated similar to new registrations and subject to additional inspections and fees.
4. Fees. Each dwelling subject to this Article shall pay the applicable building and fire inspection fee assessed at the time of registration and paid upon completion of inspections in accordance with Chapter 6 and Chapter 22 of the Code or as otherwise established by resolution of the Council.
5. Agency. Any owner who engages the services of an agent, property manager, or other local representative for the purposes of compliance with this Article shall indicate so in their registration.
6. Modification and Transferability. The occurrence of any of the following shall require the filing of an updated registration within 30 days thereafter: (1) any alteration, remodel, or other modification to any building or structure subject to this Article requiring the issuance of a building permit, (2) any change in the ownership of the dwelling, or (3) any other material change in the registration application, including the designation of a new local agent or designated contact person. Any such updates, which require re-inspection, may be subject to additional fees. Designation of a new local agent or designated contact person more than three (3) times within 365 days shall be subject to an administrative fee.
7. Non-Exclusive. The registration and fees required by this Article shall be in addition to any other certificate, permit or fee required under any other provision of the Code. Registration pursuant to this Article shall not relieve the owner of the obligation to comply with all other provisions of the Code pertaining to the use and occupancy of the dwelling or the property on which it is located.
8. Electronic Registration. The City may establish an electronic registration system for the registry of property, payment of fees, scheduling of inspections, and updating of information required by this Article.
Sec. X-3 General Provisions
All owners of dwellings registered as provided herein shall comply with the following:
1. Designated Contact. Each registration shall designate a person or entity to serve as the contact for the purpose of addressing the concerns of the tenants or responding to complaints regarding the conduct of the occupants of the unit. The designated contact shall be available twenty-four (24) hours per day, seven (7) days per week, and respond to concerns regarding potential violations of this Article within one (1) hour. The designated contact shall make at least three (3) attempts to contact the tenant and resolve the complaint. The designated contact is also responsible for documenting the complaint, the response, and forwarding that documentation to the City within one (1) hour of their response to the initial complaint.
2. Occupancy Limits:
(a) In no case shall the maximum total occupancy for any dwelling exceed the limits permitted by the Florida Fire Prevention Code or Florida Building Code.
(b) The maximum overnight tenant occupancy load of any unit shall not exceed two (2) persons for each bedroom, as bedroom is defined under the Florida Building Code, in the rental unit, plus two (2) persons.
(c) Before the hours of 7 AM or after 10 PM, the occupancy load of the unit may not exceed the maximum allowed number of overnight tenants.
3. Recordkeeping. The owner of each unit shall maintain a registry of all tenant(s) and their vehicles (make, mode, year, and tag number). The information shall be available to the City within one (1) hour of request.
4. Vehicles and Parking. Tenants or guests of any registered unit shall not: a. Engage in any prohibited parking activities as provided in Sections 50-37 or 30-1007 of the Code.
b. Park any boat or boat trailer on a residential district unless fully enclosed in a structure so that it cannot be seen from any abutting property, public way, or waterway.
c. Utilize recreation vehicles for sleeping or overnight accommodations at any property regulated by the Article.
5. Waterways and Vessels. Vessels may be moored, berthed, or otherwise stored on an approved docking facility, however no vessels may be docked or stored in a manner that constitutes a hazard to navigation.
6. Refuse. As provided by Section 18-36 of the Code, trash and recycling may not be left out by the curb for pick-up until 6 PM on the evening before the scheduled pick-up day with all refuse containers removed thereafter by 7 PM that evening.
7. Noise. Tenants and their guests must comply with the requirements of Chapter 18, Article IV, Noise Control, of the Code and not unnecessarily make, continue or cause to be made or continued, any noise disturbance as defined.
8. Fireworks. The use of fireworks is not permitted.
9. Advertisement. It shall be unlawful to offer or advertise any dwelling for rent or lease in the City without that unit first being registered as provided in this Article. Where advertised the registration number provided by the City must appear on all forms of advertisement and on the landing or "home" page for the unit when advertised over the internet. Alternatively, the registration number of a property manager can appear in lieu of the individual property registrations numbers.
10. Compliance with Other Regulatory Authorities. Subject properties must meet all applicable requirements of state law. To the extent provided by general law, violation of any state law relating to the subject matters contained in the Article shall also constitute a violation of this subsection.
11. Evacuation. All rental properties shall be evacuated as required upon the posting of a nonresident evacuation order issued by the City, County or State.
Sec. X-4 Required Postings and Notice
1. Each registered dwelling shall have a clearly visible and legible notice posted within the unit, containing the following information: a. The designated contact for the unit and a telephone number where they may be reached on a 24-hour basis.
b. The occupancy limits, total and overnight, for the unit.
c. The maximum number of vehicles allowed to be parked on the property and the location of on-site parking spaces.
d. The trash and recycling pick-up day(s).
e. No fireworks.
2. All tenants must be provided a Code of Conduct summary of the remaining general provisions of this Article including the penalties for violation as well as a copy of the current City registration.
Section X-5 Enforcement
Any violation of the provisions of this Article shall be punishable as provided in Chapter 14 186 of the Code including but not limited to by a fine of up to $500 per violation, per day for
continuing violations, by civil citation up to $500 per offence, by the seeking injunctive relief through the courts, or any combination thereof.
SECTION 3. Codification
It is the intention of the City Council and it is hereby ordained that the amendments to the City of Marco Island Code of Ordinances made by this Ordinance shall constitute a new Article V to Chapter 8 of the City of Marco Island Code of Ordinances, and that the sections of this Ordinance may be renumbered and re-lettered as necessary, and that the word "Ordinance" may be changed to "Section, "Article" or other appropriate word.
SECTION 4. Conflicts
All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are hereby superseded and resolved to the extent of any conflict in favor of the provisions of this Ordinance.
SECTION 5. Severability
If any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance.
