Loading...
HomeMy WebLinkAbout3148 ORDINANCE NO. 3148 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 18, ARTICLE VI, SECTIONS 18- 1000 THROUGH 18-1010 OF THE CITY OF SANFORD CODE OF ORDINANCES, ENTITLED "TRANSIENT RENTAL HOUSING STANDARDS", PROVIDING FOR REGULATION OF TRANSIENT RENTAL HOUSING; PROVIDING FOR INTENT; PROVIDING DEFINITIONS; PROVIDING FOR INSPECTION AND LICENSING; PROVIDING FOR DETERMINATION BY THE DIVISION OF HOTELS AND RESTAURANTS OF THE DEPARTMENT OF BUSINESS REGULATION, STATE OF FLORIDA; AMENDING THE CODE CITATION ORDINANCE AND SCHEDULE OF OCCUPATIONS AND LICENSE TAX; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, it iS the intent of the City Commission of the City of Sanford, Florida to preserve and maintain the residential, non- commercial, and non-transient character of the single family dwelling districts located within the City of Sanford; and WHEREAS, the short term or transient rental of dwelling units presents a unique land use appropriately regulated distinctly from traditional residential and commercial uses; and WHEREAS, the City Commission of the City of Sanford, Florida finds it in the best interest of the City to insure that transient rental housing is safe for occupants and is otherwise maintained in good condition and appearance; and WHEREAS, transient rental housing uses clearly provide for a more transitory occupancy than other rental housing uses and thereby justify additional safeguards to insure proper management and maintenance; and WHEREAS, the City's regulation of transient rental housing should coordinate with but not duplicate the Division of Hotels and Restaurants of the Department of Business Regulation, State of Florida licensing procedures in accordance with Chapter 509, Florida Statutes; and NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1: That Chapter 18, Article VI, Sections 18-1000 through 18-1010 of the City of Sanford Code of Ordinances is hereby created to read as follows: ARTICLE VI. Transient Rental Housing Standards. Section 18-1000. Definitions. For purposes of Article VI, the following definitions shall apply: a. Rental Housing: any renter- or leaser-occupied dwelling unit, bedroom, sleeping unit or sleeping room as such terms are defined in the City of Sanford's Land Development Regulations. b. Transient Rental Housing: any rental housing with three (3) or more dwelling units where tenants in any of the three (3) or more dwelling units in said rental housing have not entered into a bona fide written lease in excess of six (6) months. c. Administrative Official: person appointed by the City Manager who is responsible for the overall administration and enforcement of this ordinance or his/her duly authorized representative. 1 Section 18-1010. Transient Rental Housing. All transient rental housing shall be subject to the following requirements: a. Occupational License Required. All transient rental housing must obtain an occupational license from the City of Sanford. b. Consent to Inspection. Application to conduct/operate a transient rental housing occupation shall include and be deemed consent to inspection as hereinafter provided. Any subsequent revocation of consent shall be grounds for immediate issuance of warrant for inspection, as provided hereinafter. c. Minimum Standards. All rental housing including, but not limited to, transient rental housing, must comply with the Standard Housing Code, the Fire Safety Code and any other applicable city requirement. The administrative official shall have the authority to perform periodic inspections of any transient rental housing in order to determine compliance with such codes after providing reasonable notice of intent to perform such an inspection to the owner. d. License by Division of Hotels and Restaurants of the Department of Business Regulation, State of Florida. All transient rental housing shall be properly licensed by the Division of Hotels and Restaurants of the Department of Business Regulation, State of Florida. The administrative official shall have the authority to require that proof of proper state licensing be provided to the city by the owner of the transient rental housing in the following form: 1. A certified copy of a license that has been procured for such business from the Division of Hotels and Restaurants of the Department of Business Regulation, State of Florida, including bona fide copies of inspection forms accomplished in accordance with Chapter 509, Florida Statutes; or 2. Original, written documentation from the Division of Hotels and Restaurants of the Department of Business Regulation, State of Florida, stating that a license procured in accordance with Chapter 509, Florida Statutes, is not required for the particular rental housing. e. Determination of Transient Status. Based on just cause, the Administrative Official shall have the authority to perform periodic inspections of any rental housing in order to determine whether the rental housing is transient rental housing after providing reasonable notice of intent to perform such an inspection to the owner. f. Periodic Inspections. Grounds for periodic inspections, as aforedescribed, shall include, but not be limited to, lapse or passage of time since the last inspection, conditions in the general area within which the premises are located, receipt of a complaint concerning a particular premise, or nature of the premise. Section 2: That Chapter 18, Article V, Code Enforcement Citations, Section 18-87, Schedule of Violations, (a) shall be amended to include Section 18-1010, that transient rental housing shall be required to have a city occupational license, shall comply with housing code and fire safety codes, shall provide for inspection by the Administrative Official, and shall provide documentation regarding compliance with Chapter 509, Florida Statutes, as applicable. 2 Section 3: That Chapter 16, Licenses, Section 16-12, Schedule of Occupations and License Taxes, shall be amended to include the occupation of transient rental housing as defined herein and shall provide for a corresponding license tax levied and imposed upon every person that shall engage in or manage any such occupation within the city at Section 4: Codification. That Sections 1, 2 and 3 of this ordinance shall be codified and made a part of the City Code of Ordinances. Section 5: Severability. If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of a section of this ordinance. Section 6: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. Section 7. Effective Date. This Ordinance shall become effective upon its passage and adoption. second Reading: PASSED AND ADOPTED this/J~day of ~ , A.D., 1993. ATTEST: ~e~ity ~o~ission of'the City of Sanford, Florida CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3148, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the t2th day of April, 1993, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of April, 1993. City of Sanford, Florida