HomeMy WebLinkAbout4168 Rental Property Registration
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REVISED RESIDENTIAL PROPERTY REGISTRATION ORDINANCE
ORDINANCE NO. 2009-4168
An ordinance of the City Commission of the City of Sanford, Florida
relating to residential rental properties; providing for legislative
findings and intent; providing for applicability; providing for definitions;
requiring within a period of time that a local designated representative
be designated for single-family and two-family residential rental
properties; providing for payment of a fee at the time of local
representative designation; providing for enforcement and penalties;
providing for implementing administrative actions; providing for
conflicts; providing for a savings provision; providing for codification;
providing for severability; and providing for an effective date.
Whereas, the Florida Building Code incorporates building, electric, plumbing,
mechanical, administrative, accessibility, energy, coastal, manufactured, and state agency
codes; and
Whereas, the Legislature of the State of Florida has mandated that the City use the
Florida Building Code as the local building code applicable in the City subject to potential
local amendments; and
Whereas, the first edition of the Florida Building Code was published in 2001 and
replaced all local codes in March, 2002 and the Florida Building Code has been updated
and implemented by the State of Florida; and
Whereas, the Florida Building Code has adopted many codes by reference and
incorporation into the Florida Building Code; and
Whereas, the provisions of the Florida Building Code apply to both owner-occupied
residential and rental residential properties; and
Whereas, the codes and ordinance of the City apply to both owner-occupied
residential and rental residential properties; and
Whereas, experience arising from the code enforcement activities of the City has
shown that it is oftentimes more difficult to engage in code enforcement processes with
regard to rented single-family and two-family residential properties as opposed to owner-
occupied residential properties and apartment rentals; and
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Whereas, the City Commission has determined and concluded that a great part of the
difficulties involved in enforcing the City's codes and ordinances with regard to single-family and
two-family residential rental properties relates to the situations which arise due to absentee
owners and the fact that absentee owners all too often do not have a local contact or
representative to respond when the City initiates code enforcement activities; and
Whereas, the City Commission has determined and concluded that it is advisable to
provide for a system of mandatory absentee owner representation by a designated local
representative for single-family and two-family residential rental properties; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of
Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter
166, Florida Statutes; and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent. A new section of the City Code of the City
of Sanford is created to read as follows:
(a). The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City
Commission agenda memorandum relating this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of Florida
law in processing and advertising this Ordinance.
(c). It is the intent of the City Commission of the City of Sanford to encourage the
appropriate management of single-family and two-family residential rental properties.
(d). Although not a land development regulation, this Ordinance is consistent with the
goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
Section 2. Applicability/definitions. A new section of the City Code of the City of
Sanford is created to read as follows:
(a). This Ordinance shall be applicable to the rental of single-family and two-family
residential properties, but shall not apply to apartments, hotels, motels, rooming houses, resort
dwellings, and bed and breakfast inns.
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(b). The definitions set forth at Section 509.242, Florida Statutes, 1 and Section
320.01 (2)(b), Florida Statutes,2 shall apply to the interpretation of this Ordinance as shall the
terms defined otherwise in the land development regulations of the City.
(c). The term absentee owner means an owner of single-family or two-family residential
rental property who does not live within the jurisdictional limits of Seminole County, Florida and
counties abutting Seminole County.
Section 3. Local representation designation for single-family and two-family
residential rental properties; acknowledgment for relating to local codes; responsibilities
of local representative. A new section of the City Code of the City of Sanford is created to
read as follows:
(a). Owners of single-family residential property or two-family rental property located
within the City Limits who reside in Seminole County or any county contiguous thereto shall
provide the City Department of Community Improvement with their physical or post office
address, electronic mail address, if available, and telephone number.
(b), Owners of single-family rental property or two-family residential rental property
located within the City Limits who reside in any other county or out of the State of Florida shall
provide the City Department of Community Improvement with the name, physical or post office
address, electronic mail address, if available, and telephone number of an individual, who must
be over eighteen (18) years of age and must reside in Seminole County or any county
contiguous thereto who shall be designated by the property owner as agent for receiving notice
from, and receiving service of process issued by, the City.
(c). A new owner of single-family rental property or two-family residential rental
property shall provide the information required by this Section within ten (10) days of obtaining
ownership of the property.
(d). In the event of any code enforcement action being taken relative to a single-family
rental property or two-family residential rental property, in addition to any notices as required by
State law, the local designated representative shall also be notified; provided, however, that
failure to provide such notice shall not preclude the enforcement of the City's Codes and
ordinances by the City if the notice requirements of Chapter 162, Florida Statutes, or other
controlling law have been meet.
(e). The designation of a local designated representative shall be deemed to act as
authorization for the representative to make statements on behalf of the owner during the course
1 Relating to public lodging establishments and their classifications.
2 Definition of the term "manufactured home".
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of any code enforcement proceeding if the representative is not precluded from so acting under
the provisions of controlling Florida law.
(f). Each absentee owner subject to the provisions of this Ordinance shall receive
notice of, and shall execute and file with the City, on a form approved by the City, that he/she/it
has received a copy of educational materials which summarize codes and ordinances applicable
to single-family rental property and two-family residential rental property.
(g). Upon designation of a local representative either the absentee owner or the local
designated representative shall pay a fee3 as established by resolution adopted by the City
Commission which fee is established at this time as twenty-five and 00/1 OOths dollars ($25.00)
regardless of the number of single-family or two-family residential properties registered and
assigned to the local designated representative; provided, however, that the failure to designate
the local representative as required by Subsection 3(b) will not exempt the absentee owner from
the payment of the registration fee as set forth in this SubsectionA
Section 4. Penalties and enforcement. A new section of the City Code of the City of
Sanford is created to read as follows:
The City may impose any penalty authorized by State law and seek any legal remedy
available to the City under State law; provided, however, that the penalty of incarceration shall
not be imposed.
Section 5. Implementing Administrative Actions. A new section of the City Code of
the City of Sanford is created to read as follows:
(a). The City Manager, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions to include,
but not be limited to, the adoption of administrative rules.
(b). It is the intent of the City Commission of the City of Sanford to provide for an
educational program that results in compliance with the provisions of this Ordinance and all
other applicable codes and ordinances of the City by single-family rental property and two-family
residential rental property owners and designated local representatives of the absentee owners.
Section 6.
Conflicts.
3 This fee does not relate to rental apartment units and Section 98-99 of the City Code of the City of Sanford, provides for a local
business tax relative to such rentals.
4 The Code codifier may delete the words "which fee is established at this time as twenty-five and 00/10Oths dollars ($25.00)"
from the City Code upon the adoption of such a resolution subsequent to the effective date of this Ordinance.
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All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed;
provided, however, that this Ordinance shall not affect any code or ordinance of the City which
provides for a mechanism for enforcement of the City's codes and ordinances by the City.
Section 7.
Savings.
The prior actions of the City of Sanford in implementation of its code enforcement
activities pertaining to rental housing are hereby ratified and affirmed.
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair
the validity, force or effect of any other section, sentence, phrase, word, or portion of this
Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional.
Section 9. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided,
however, that Sections 6, 7, 8, 9 and 10 shall not be codified. The Code Codifier is granted
broad and liberal authority to change section numbers in the current City Code and take other
appropriate actions as set forth in Section 1-10 of the City Code.5
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5 The Code codifier may delete the words "which fee is established at this time as twenty-five and 00/100ths dollars ($25.00)"
set forth in Section 4(9) of this Ordinance from the City Code upon the adoption of such a resolution subsequent to the effective
date of this Ordinance.
CODING: Underlined text is added language to City Code and strikothrough text is deleted language to City
Code. When all new text is presented, no underlining is shown.
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Section 10. Effective Date.
This Ordinance shall take effect on July 1, 2009.
Passed and adopted this 13th day of April, 2009.
City Commission of the City of Sanford,
Florida
Seminole County, Florida
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Attest:
Approved as to form and
legalit .
William L. Colbert, E qUI
City Attorney
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Code. When all new text is presented, no underlining is shown.