Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

Council of the City of Destin recognizes that residents of the City of 35 Destin are often bothered by the unique problems associated with the rental of single-family and 36 multifamily dwelling units; 37 38 WHEREAS, the City Council of the City of Destin recognizes that the regulation of 39 dwelling units by requiring owners and the responsible party to be registered with the City of 40 Destin will help minimize such problems and facilitate neighbors and City officials direct contact 41 with owners and the responsible party of such dwelling units to address these problems; 42 43 WHEREAS, the City Council of the City of Destin through public input has decided that 44 the registration of owners and the responsible party of rentals of dwelling units are necessary to 45 promote the health, safety and welfare of the City of Destin; and, 46  1 WHEREAS, the City Council of the City of Destin has determined that this Ordinance is 2 consistent with the Comprehensive Plan and promotes and protects the health, safety and welfare 3 of the City of Destin. 4 5 WHEREAS, a public hearing has been conducted after due public notice by the Local 6 Planning Agency with its recommendations reported to the City Council; and 7 8 WHEREAS, a public hearing has been conducted by the City Council after due public 9 notice; 10 11 NOTE: Language in section 3 of this ordinance that is struck through is ltznguage proposed to be 12 deleted, underlined language is language proposed to be added, ltznguage that is not struck through or 13 underlined is not to be changed, and * * * represents sections of the Land Development Code that have been 14 skipped and remain unchanged. 15 16 SECTION 3. AMENDMENT OF CHAPTER 13. CHAPTER 13, LICENSES, PERMITS, AND 17 MISCELLANEOUS BUSINESS REGULATIONS of the Code of Ordinances of the City of Destin 18 is amended by creating Article VII. REGISTRATION OF LONG-TERM RENTALS, to read as 19 follows: 20 21 ARTICLE VII. REGISTRATION OF LONG- TERM RENTALS 22 23 SEe.13-120. PURPOSE. 24 25 The City Council of the City of Destin recognizes that the unregulated rental of dwelling units by 26 residents uniquely impacts certain neighborhoods within the City of Destin. Therefore, it is 27 necessary and in the interest of the public health, safety, and welfare to monitor and provide 28 reasonable means for citizens of the City of Destin to mitigate impacts created by such rental 29 dwelling units within the City of Destin as set forth by this article. 30 31 SEe.13-121. DEFINITIONS. 32 33 For the purpose of this article, the following terms, phrases, words, abbreviations and their 34 derivations shall have the meaning given herein. When not inconsistent with the context, words 35 used in the present tense include the future tense, words in the plural number include the singular II 36 number and words in the singular number include the plural number. The word shall" is always 37 mandatory and not merely directory. Words not defined shall be given their meaning as provided 38 in Section 1- 2, Definitions and Rules of Construction, of the City of Destin Code of Ordinances. 39 40 Adult shall mean an individual 18 years of age or older. 41 42 Bedroom shall mean a room a minimum of 100 square feet in area with a closet. 43 44 Rental shall mean a dwelling unit occupied in exchange for compensation. 45 46 Long- Term Rental shall mean any residential accommodation that is available for occupancy 47 181 days or more. Page 2 of 6  1 2 SEe.13-122. REGISTRATION REQUIRED. 3 4 It shall be unlawful for any person to allow another person to occupy any dwelling unit as a long- 5 term resident within the City of Destin, or offer such rental services within the City of Destin, 6 unless the property has been registered with the City of Destin in accordance with the provisions 7 of this article. 8 9 SEe. 13- 123. FORMAL APPLICATION REQUIRED. Every property owner required to 10 procure a registration under the provisions of this article shall submit a formal application for 11 such registration to the City Manager or his designee. 12 13 SEe.13-124. APPLICATION FOR REGISTRATION. Applications for registration shall set forth 14 and/ or include at a minimum: 15 16 ill Address, lot, block and subdivision name of dwelling unit offered for rental; 17 18 ill Name, address, and phone number of owner of said dwelling unit; 19 20 . @} Name, address, and emergency contact phone number of responsible party for said 21 dwelling unit, which shall be a 24-hour, 7 days a week contact number; 22 23 ill That the phone number for the responsible party will be answered 24 hours a day, 24 7 days a week by a party with authority to address or coordinate problems 25 associated with the dwelling unit; 26 27 @. Proof of owner's current ownership of the dwelling unit(s). 28 29 @ Acknowledgements by owner of the following: 30 31 a. That all vehicles must be parked in the driveway, garage or other City 32 approved parking space for the dwelling unit and clear of all grassy areas and 33 sidewalk sections for pedestrian traffic pursuant to City of Destin Code of 34 Ordinances, Section 19, Traffic and Motor Vehicles; 35 36 b. That it shall be unlawful to allow or make any noise or sound which exceed the 37 limits set forth in Chapter 14, Art.2; 38 39 Co That no garbage container shall be located at the curb for pickup before 12:00 40 p. m. of the day prior to pickup, and garbage container shall be removed before 41 midnight of the day of pickup; 42 43 d. That occupancy limitations per dwelling unit, as are hereby established, shall not 44 exceed 2 adults per bedroom. 45 46 47 Page3of6  1 125. FEES FOR REGISTRATION. SEe.13- 2 3 The City of Destin is authorized and shall charge reasonable fees for registration to compensate for 4 administrative expenses. The fees for registration shall be provided for, from time to time, by 5 Resolution adopted by the City Council of the City of Destin. 6 7 126. ISSUANCE OR REFUSAL OF REGISTRATION. SEe.13- 8 9 The City Manager or his designee shall issue a registration to the applicant upon proof of the 10 following: 11 12 ill The owner and/ or responsible party completes the City of Destin registration 13 application form; 14 15 ill The registration fee has been paid to the City of Destin; and 16 17 Q} Incomplete registration applications are unacceptable and requested registration shall 18 not issue. 19 20 127. REGISTRATION NOT TRANSFERABLE. SEe.13- 21 22 No registration issued under this article shall be transferred or assigned or used by any person 23 other than the one to whom it is issued, or at any location other than the one for which it is issued. 24 25 SEe.13-128. EXPIRATION OF REGISTRATION. 26 27 All registrations issued under the provisions of this article shall be valid for no more than one ( 1) 28 year, and all registrations shall expire on May 1 of each year. Registrations that are not renewed by 29 May 1 of each year may be renewed up to the last business day in Tune of that year without paying 30 a late renewal fee. Owners who do not renew their registrations before the last business day in 31 Tune shall pay the appropriate late renewal fee as established, from time to time, by the City 32 Council of the City of Destin. 33 34 SEe. 13- 129. RESPONSIBLE PARTY REQUIRED. 35 36 Whenever any property is required to be registered under this article, the owner shall appoint a 37 person to serve as the local responsible party for service of notices as are specified herein, and 38 notices given to the responsible party shall be sufficient to satisfy any requirement of notice to 39 the owner. The owner notify the City Manager or his designee in writing of the shall 40 appointment within five days of being required to make such appointment, and shall thereafter 41 notify the City Manager or his designee of any change of responsible party within fifteen days 42 of such change. Further, it is hereby made the affirmative duty of the responsible party to: 43 44 ill Inform all residents prior to occupancy of the dwelling unit of applicable City of 45 Destin Ordinances noise, vehicle parking, occupancy limits and concerning 46 garbage; 47 Page 4 of 6  1 ill Maintain all properties under their control in compliance with the occupancy 2 limits, as specified in the City of Destin Code of Ordinances; 3 4 Ql See that the provisions of this article are complied with and promptly address any 5 violations of this article or any violations of law, which may come to the attention 6 of the responsible party; 7 8 ffi Be available with authority to address or coordinate problems with the rental of 9 the dwelling unit twenty-four hours a day, seven days a week; 10 11 @ Maintain the entire property of the dwelling unit free of garbage and litter. 12 Provided however, that this section shall not prohibit the storage of garbage and 13 litter in authorized private receptacles for collection. 14 15 SEe.13-130. FALSE INFORMATION. 16 17 It shall be unlawful for any person to give any false or misleading information in connection with 18 the application for registration required by this article. 19 20 131. REVOCATION. SEe.13- 21 22 Any registration issued pursuant to this article may be denied, revoked, or suspended by the city 23 for the violation by the owner of this article, any City of Destin Ordinance, or state law. Such 24 denial, revocation or suspension is in addition to any penalty provided herein. 25 26 SEe.13-132. TERRITORY EMBRACED. 27 28 The provisions of this article shall apply within the City of Destin. 29 30 SEe. 13- 133. COMPLAINTS. 31 32 Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a 33 written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with 34 the City Manager or his designee. The City Manager or his designee shall record properly such 35 complaint, investigate, and take action thereon in accordance with Sections 14-71 - 14-85, City 36 of Destin Code of Ordinances. 37 38 SEe.13-134. ENFORCEMENT. 39 40 The City Manager or his designee shall, in connection with their duties imposed by law, diligently 41 enforce the provisions of this article. 42 43 SECTION 4. PENALTY. As this Ordinance relates