Fort Walton Beach Ordinance — 2181--Creating COO Section 1.81 Short Term Rental Requirements — reading text

occupant of a property owner has obtained a profit. moneta , compensation, event fee in-kind exchange, or other commercial gain by the property owner's or property owner's authorized agent' s or occupant's) use of the building, structure or land is prima facie evidence that this definition has been met, and the use of the building, structure or land is a commercial_ use. Home occupations operating in compliance with section 559.955, Florida Statutes, are specifically excluded from this definition. Garbage shall mean every accumulation of waste ( animal, vegetable and/ or other matter) that results from the preparation, processiLig, consumption, dealing in handliLig, packing, canning storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter ( including, but not by way of limitation, used tin cans and other food containers)• and all other Rutrescible or easily decomposed animal or vegetable waste matter which is likely to attract flies or rodents. Local responsible party shall have the same definition as Responsible pgM below. Maximum occupancv. For the ouroose of this definition, a person shall mean anv individual over the ale of five years. The maximum overnight occupancy of seasonal residents or transient occul2ants located on a lot hosting a short-term vacation rental located within the R- 1 RIE or R2 zoning districts shall be stated in the short- term vacation rental registration form, and shall be limited to the lesser occupancy of the followin three 3 options: a. Two ( 2) persons for each bedroom olus four ( 4) additional persons. The number of bedrooms shall be based upon the property appraiser's residential profile of the property, and other documents of record, as needed. In no case shall the maximum total occupancyfor ogcupanC-y pLny dwelling unit exceed the ocMancy limits ermitted b the Florida Fire Prevention Code or Florida Building Code, or b. A total of twenty- four ( 24) oersons per short-term vacation rental. In the event that there is more than one ( 1,) building or dwelling on one ( 1) - platted lot, the maximum ocMancy shall be ca ed at twgnt - four 24 occul2ants per platted- lot. whichever is less. l Noise means any sound not in compliance with Cha ter 9. 06 Fort Walton Beach Code of Ordinances.  Owner shall mean the person in whom is vested the ownership, dominion, or title of property. Re eat violation refers to a violation of a provision of a code or ordinance by a person who has been previously found through the special magistrate or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Residency shall mean a person' s true, fixed location of bona fide domicile. It is the place a person intends to remain and return to when one leaves without intending to establish domicile elsewhere. Residency for the purpose of this article ma only be demonstrated by the address listed on a Florida state -issued driver's license or a Florida state -issued identification card. Residential zoning districts, for purposes of this article, shall include the following zoning districts R- 1, RIE, and R2 zoning districts Responsible party shall mean an owner, management company, or individual identified by the property owner as the person responsible to receive any complaints about the unit and to respond in the manner required by this article and who to be called upon to answer for the maintenance of the property and the conduct and acts of seasonal residents of single-family dwelling units. Responsible person shall have the same definition as responsible party above. Seasonal resident shall mean people, guests, tourists, lessees, vacationers, or others who lease or rent a short- term vacation rental for valuable consideration. vacation dwellini, means the same as short-term vacation rental below. Short-term vacation rental Means a transient public lodging establishment as defined in s. 509. 013, F. S., which is single family, two- family, three-family, or four -family house or dwelling, recreational vehicle, or mobile home. The term encompasses the entire lot whether or not the entire lot is offered for rental. Short- term vacation rental business means ( 1) the individual, individuals, entity, or entities who own fee -simple title to the real property underlying the Short-term vacation rental, ( 2) the responsible party or responsible erson as defined herein. If the short- term vacation rental business is owned by an entity, then the definition of short-term vacation rental business shall also apply to the shareholders memberspartners, or officers of the entity. Single-family dwelling unit shall mean for the purposes of this article a residential structure that may either be detached from any other residential structure or be attached to a wall of another residential structure such as townhomes, duplexes, and triplexes. Transient occupant shall mean the same as seasonal resident.  Vehicle means gLny vehicle or conveyance which is designed to travel alon the ound or water. The term " vehicle" includes but is not limited to automobiles buses mopeds, motorcycles, trucks, tractors, trailers, go- carts, golf carts, motor homes, boats, watercraft, and recreational vehicles. Violation means any violation of any provision of the Code, or am provision of local, stat or federal law or regglation for which the city has enforcement responsibility and/ or authori1y. All definitions contained in the city' s Code of Ordinances shall apply to this article,•however, in the event of any conflict, the more stringent shall prevail. Violator means the person or entily, natural or otherwise in violation of those portions of the city's Code of Ordinances which are within the ' urisdiction of the special magistrate. The term " violator" shall include each of the followin : the owner of the propenty where the violation exists,• the person in immediate control of the l2ro12erty where the violation exists such as tenant or current resident, the person or entity that manages the property where the violation exists, such as a property management company or landlord, if separate from the owner; or manager or person in charge of the property where the violation exists. Multiple violators may be cited for a single violation. Any violation that is enforced against a violator as set forth in this section does not preclude the enforcement of the same violation against other violators. 8. 13. 03. Rep-istration, and Decal reguired. It shall be unlawful for any person to allow another person to occupy any single family dwelling unit as a seasonal resident within the City of Fort Walton Beach or offer such rental services within the City of Fort Walton Beach unless the person has registered with the City of Fort Walton Beach in accordance with the provisions of this article. Once registration is complete. the a licant will receive a city -issued annual decal which must be dis la ed in a conspicuous location at the front of the rental properly. 8. 13. 04. Formal application required. Every person required to procure a registration under the provisions of this article shall submit a new application for such registration each year to the city manager or his designee. Processing for incom Tete a lications will not be finalized until the application is completed in its entirety. 8. 13. 05. Application for registration. A lications for registration shall include: 1 Address of the single-family dwelling unit offered for rental. 2 Name, address and 12hone number of owner of said single-family dwelling unit. 3 Email of owner of said sinngle- family dwelling unit.  4) Name, address, and emergency contact phone number of the responsible party who shall reside within thirty ( 30) miles of said single-family dwelling unit. The contact number shall be a twenty-four ( 24) hour, seven ( 7) days a week contact number, and correct violations associated with the single-family dwelling unit including but not limited to authority to remove or evict tenant( s). Acknowledgement signed by the owner or agent of the owner, understandinng„ and agreeing to the initial and on- going compliance with the City of Fort Walton Beach's short- term vacation rental regulations and standards contained herein and all other applicable local,, state, and federal laws, regulations, and standards to include, but not limited to F. S. ch. 509, and Rules, Chapter 61C and 69A, of the Florida Administrative Code. 6) Valid and current City of Fort Walton Beach Business Tax Receipt. 7) Valid and current Florida Department of Revenue Annual Resale Certificate under F. S. ch. 212 and a valid current dqpartment of business and professional regglation vacation rental dwelling license under F. S. ch. 509. 8 A non-refundable registration fee. Applications submitted without a registration fee will be deemed incomplete. 8. 13. 06. Local responsible party recluired. Whenever any property is required to be registered under this article, the owner shall appoint a person to serve as the local responsible party for service of notices as are suecified herein and notices given to the res onsible party shall be sufficient to satisfy an rgguirement of notice to the owner. The owner shall notify the city manager or his_designee in writing of the appointment pursuant to section 8. 13. 05 above, and shall thereafter notify the city manager or his designee of any change of the local responsible party within fifteen Q5) days of such change. The designation of a local responsible party does not relieve the owner of the responsibility to comply with all state and local statutes and ordinances. Further, a local res onsible party who accepts the designation to act on behalf of a property owner is held to the same standard as the property owner with respect to compliance with all statutes and ordinances and may be cited for non-compliance with any code, rule, or ordinance applicable to the property. Further, it is hereby made the affirmative duty of the local responsible party to: 1) Inform all seasonal residents prior to occupancy of the single family dwelling unit of applicable City of Fort Walton Beach ordinances concerning. noise, vehicle parking, garbage, and common area usa e. 2) Maintain all properties under their control in compliance with the occupancy limits, as specified in the City of Fort Walton Beach Code of Ordinances.  Ensure that the provisions of this article are complied with and promptly address any violations of this article or any violations of law, which may come to the attention of the responsible party. 4) Be familiar with the city's short-term vacation rental regulations and provide acknowledgement that the applicant will comply with the city's regulations for short- term vacation rentals at the time of registration. Be situated close enough to the single family dwelling unit to be able to and have the capacity to service emer ena calls within one () hour of