Agenda 06-20-23 - Workshop r
The City of `;.oY0,,
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Boynton Beach ~TO ---
City Commission Agenda
Tuesday, June 20, 2023, 5:30 PM
City Hall Commission Chambers
100 E. Ocean Avenue
Boynton Beach City Commission
Ty Penserga, Mayor (At Large)
Thomas Turkin, Vice Mayor (District III)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Aimee Kelley, Commissioner (District IV)
Daniel Dugger, City Manager
Michael Cirullo, City Attorney
Maylee De Jesus, City Clerk
Short Term Rental Workshop
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
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www.boynton-beach.org
1. Presentation
A. Short Term Rental Workshop
City Commission discussion regarding the proposed Short Term Rental regulations.
2. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3 minute allowance may need to be adjusted depending on the level
of business coming before the City Commission).
3. Adjournment
Notice
If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at
this meeting, He/She will need a record of the proceedings and,for such purpose, He/She may need to ensure that a
verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal
is to be based. (F.S.286.0105)
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program,or activity conducted by the City. Please
contact the City Clerk's office, (561)742-6060 or(TTY)1-800-955-8771,at least 48 hours prior to the program or activity
in order for the City to reasonably accommodate your request.
Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information
regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the
City Clerk.
1
2 ORDINANCE NO. 23-012
3
4 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF
5 BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF BOYNTON
6 BEACH'S CODE OF ORDINANCES; CHAPTER 2 "ADMINISTRATION",
7 ARTICLE V "CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE";
8 AMENDING CHAPTER 13, "LICENSES", ARTICLE I "BUSINESS TAX
9 RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY"; AMENDING
10 CHAPTER 13, "LICENSES", ARTICLE V "RENTAL DWELLING UNITS" TO
11 RENAME AND RENUMBER THE ARTICLE; PROVIDING FOR CONFLICTS,
12 SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
13 DATE.
14 WHEREAS, these amendments to the City's Code of Ordinances include the
15 reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential
16 rental uses with the proposed new sections applicable to Short-Term Rentals (abbreviated STR)
17 within a new Article V; and
18 WHEREAS,the amendments consist of terms and definitions relative to both STRs and
19 the traditional/long-term residential rentals, the more expanded application requirements for
20 the STRs, technical or operational requirements, and a new compliance process to correspond
21 with regulating STRs; and
22 WHEREAS, the amendments also include a few amendments to sections in other
23 chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g.
24 cross-references).
25 WHEREAS, the proposed regulations for STRs are intended to be consistent with the
26 limitations on local regulation of vacation rentals under Florida law; and
27 WHEREAS, having considered the recommendations of staff, the City Commission has
28 determined that it is in the best interest of the citizens and residents of the City of Boynton
29 Beach to approve the amendment to the City's Code of Ordinances as contained herein.
30 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF
31 BOYNTON BEACH, FLORIDA, AS FOLLOWS:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
34 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2 "Administration",
35 Article V, "Code Compliance Board; Special Magistrate" is hereby amended as follows:
1
36 CHAPTER 2 ADMINISTRATION
37 ...
38
39 ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE
40 ...
41
42 Sec. 2-85. Criteria for lien reduction.
43 The following criteria must be complied with prior to a lien reduction hearing before the
44 Code Compliance Board or Special Magistrate (also see Chapter 13, Article V for exclusion to
45 fee reductions resulting from certain violations involving Short-Term Rentals):
46
47 (1) The property in question must be in total code compliance and an affidavit of
48 compliance must be issued for the code compliance case that is being appealed.
49
50 (2) The subject property must be free of all outstanding debts (including taxes) due the
51 city.
52 (3) An application fee of two hundred dollars ($200.00) must be included for the
53 application to be processed.
54
55 (4) This section does not apply to lien waivers or reductions sought in conjunction with
56 redevelopment of commercial and residential properties pursuant to the provisions of
57 Section 2-93 of this Chapter.
58
59 ...
60
61 Sec. 2-91. Violations and penalties.
62
63 (a) The following table of violations and penalties shall be assessed by code enforcement
64 officers and shall be followed by the county court system as a special Magistrate pursuant to
65 section 2-82 of this Code, in its review and adjudication of matters in accordance with this
66 Article.The schedule of penalties set forth below is not intended to be all inclusive. The
67 penalty for violation of other codes or ordinances of the city heretofore or hereafter created
68 and not enumerated herein shall be enforced in the manner provided for therein.
69
70 ...
71
72 Lel See Chapter 13, Article V for the declaration of irreparable or irreversible actions and
73 therefore application of the maximum fee of$15,000 per violation resulting from certain
74 violations involving Short-Term Rentals.
75 ...
76
77 Section 3. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article
78 I, "Business Tax Receipts and Certificate of Use and Occupancy" is hereby amended as follows:
2
79 CHAPTER 13. LICENSES
80 ...
81 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY
82 ...
83 Sec 13-4 Classification and fee schedule.
84 ...
85 Business Tax Receipts Procedure:
86 -- - - - - - - -- -- - - - - "87 Use and Occupancy and unless otherwise exempt, must be issued a Business Tax Receipt.
88 This includes rental property four units or less, including single family residential rentals,
89 condominiums, and mobile homes.
90 Business Tax Receipts are issued for a period of twelve months, from October 1st to the
91 following September 30th. They must be renewed annually. To avoid renewal late fees, rental
92 :_ •-- - _ -- . - -• - - - - ! et-
93
-93 require a Code Compliance (interior and exterior) inspection of the property.
94 Whenever a rental property is sold or otherwise changes ownership, the new owner must
95
96 (1) Apply for a new Certificate of Use and Occupancy and rental Business Tax Receipt;
97 (2) Schedule an inspection of the rental with the Code Compliance Division.
98 If the inspection process should reveal Zoning, Building, Housing or Fire Code violations,
99
100 is given adequate time to correct any violations. All violations must be corrected before
101 occupancy will be approved.
102 Any property that has been found in violation by a code compliance board of the city
103 shall be required to be inspected after six (6) months from the date of the hearing, and again
104 at twelve (12) months after the date of the hearing in which the property was found to be in
105
106 The owner of a property that has been found to be in violation by a code compliance
107 --- - - -' - - - • - - e. . - - "" - . . __ . ..
108 each of the inspections required. The required inspection fees shall be included as part of the
109 administrative costs assessed by the city and shall be included in any liens filed by the city.
110 NOTE: Fees may change from time to time by Ordinance of the City Commission. The
111 - -- • . •- - • . " - - - - - e . e. - - - - - - - -• >. .-
112 Tax Receipts are available on line at the city's website and at the Development Services
113 `..• .t.- - • . !! . _- - = - - _-- - . e. - - - - - -- - • -
3
I 14 boxes are not acceptable addresses for mailing purposes, and actual street addresses are
115 required on the application.
I 16 Designation of resident agent: No Certificate of Use and Occupancy and Business Tax
117 Receipt shall be issued by the city for a rental dwelling located on a rental premises unless
118 -- .-- - -- - - - - - - - - -- , •-- - - - - - - -
1 19 number of the owner or resident agent to receive service of notice of violation of this Code.
120 The owner may designate as his or her resident agent any natural person eighteen (18) years
i 21 of age or older who is customarily present at a business location within the city for the
I 22 purposes of transacting business, or who actually resides within the city. An owner may
123 change his or her designation of a resident by notifying the city in writing of the name,
124 address, and local telephone number of the person designated by the owner to replace the
125 previous resident agent. Any notice of violation or legal process which has been delivered or
I 26 served upon the previous resident agent prior to the receipt of the city of notice of change of
127 --
1 28 owner to appoint a reliable resident agent and to inform the resident agent of his correct
129 mailing address. Failure to do so shall be no defense to a violation of this Code. No owner
I 30 shall designate as a resident agent any person who does not expressly comply with the
131 provisions of this section.
I 32 The owner or the resident agent shall be deemed to be the "violator" as the term is used
133 in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice
I 34 of the owner, tenant and violator.
135 Sec. 13-5. Provision for unlisted businesses or occupations.
136 All businesses must obtain a Certificate of Use and Occupancy prior to operating within the
137 city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
138 occupations not specifically listed herein. The city shall establish a classification for new
139 businesses or occupations in accordance with the United States Standard Industrial
140 Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for
141 any business not specifically listed herein shall be commensurate with the rate structure and
142 classifications set forth in Sec. 13-4, and shall be established by resolution of the City
143 Commission following application but prior to issuance of a Business Tax Receipt for the
144 unclassified business.
145 _ . - .. ' • •
•
146 _ _ _ _ - -- . . - - " - - - - - - -• e -
147 (1) The person has made and filed an application for the issuance of a Certificate of Use
148 and Occupancy and a Business Tax Receipt in accordance with the procedures set forth
149 herein, and
I 50 (2) The person has paid the application fee, inspection fee or re inspection fee, when
1 51 applicable, and
4
I 52 (3) The person has received a Certificate of Use and Occupancy and paid the Business
i 53 Tax Receipt fee requested by the city, and
154 (4) The Business Tax Receipt has been issued.
1 55 (b) A protest to a classification or fee shall be made in writing to the City Clerk within 30
I 56 calendar days following issuance of the Business Tax Receipt. Failure to timely file a protest
i 57 constitutes a waiver of protest and no further challenge may be made by that person until
158 renewal of the Business Tax Receipt, in which case the right to protest shall be revived for an
159 additional 30 days following issuance of a renewal Business Tax Receipt.
160 (c) A protest, when timely filed, shall be processed as follows:
161 (1) The City Clerk shall forward the protest to the City Manager.
162 (2) The City Manager shall conduct a review of the protest and render a written report
163 within 45 days of the filing of the protest. The City Manager shall consider any information
164 submitted by the person filing the protest and any information submitted by the
165 Development Services Division. The City Manager shall limit her report to an evaluation of
I 66 whether the tax which is being protested is based on a reasonable classification and is
I 67 uniform throughout the class.
168 (3) The City Manager's report shall be filed with the City Clerk and submitted to the City
169
170 report shall be forwarded to person who filed the protest, along with a notice of the date on
171 which the report is to be submitted to the City Commission.
I 72 (1) The City Commission shall review the protest and the City Managers report and shall
I 73 either grant or deny the protest. If the protest is granted the City Commission shall adjust the
174 classification or fee in accordance with their findings and any tax previously paid by the
175 protesting person, in excess of the adjusted tax, shall be refunded by the city.
176 (5) A decision of the City Commission may be appealed to the Circuit Court of Palm
177 Beach County, Florida. The Circuit Court review shall be de novo, and the burden of proof
178 shall be on the person initiating the action.
179 -(Ord. No. 95 22, § 2, 7 5 95; Ord. No. 06 096, 52, 1 2 07; Ord. No. 12 012, § 2, 7 3 12; Ord.
180 No. 14 018, § 2, 9 3 11)
181 Sec. 1346. Application and reapplication fees for Certificate of Use and Occupancy,
182 inspections, and Business Tax Receipt; required for use of any property for commercial
83 or industrial purposes or for rental housing
84 —(4)—It shall be unlawful and a violation of the City Code for any person or entity, either
85 directly or indirectly, to conduct or enter into a business, profession, or occupation, including
86 the rental of real property, within the city without first obtaining a Certificate of Use and
87 Occupancy and being issued a local businesa tax receipt by the city. Further, it is unlawful for
88 a property owner to allow by lease, license, grant or other written or oral agreement, the use
5
89 of any real property for the operation of a business without a valid and current Certificate of
90 Use and Occupancy including required inspection and Local Business Tax Receipt. Violation
91 of this section is violation of the City Code punishable under Chapter 2, Article V of this Code.
192 (a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for
193 Certificate of Use and Occupancy with the city. The application shall be on a form prescribed
194 by the city, and shall be filed together with such other documents as hereinafter set or as
195 required by state law. The Business Tax Receipt portion of the form shall require disclosure of
196 the Federal Identification Number or Social Security number of the person to be licensed.
197 (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an
198 application filing fee set by the City Commission by resolution, which shall cover the
199 Certificate of Use and Occupancy review to be undertaken by city zoning, and building
200 division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall
201 be determined by the proposed use, the applicant shall pay for such inspections at a rate set
202 by the City Commission by resolution. In the event an application is denied due to failed
203 inspections, the application may, upon payment of a re-inspection fee set by the City
P 0 Commission by resolution, be reconsidered. NOTE: Fees may change from time to time by
05 Ordinance of the City Commission. The application for Certificate of Use and Occupancy and
'06 information forms for rental Business Tax Receipts are available on line at the city's website
P 0 and at the Development Services Division of City Hall.
P08 (c) Business Tax Receipts and Certificate of Use and Occupancy are issued for a period of
P 0 twelve months, from October 1st to the following September 30`h. They must be renewed
P 10 annually with annual renewal fee approved by the City Commission. To avoid renewal late
P 11 fees, fees are payable by October 15'. After January 30`h, late renewals require a Code
P 12 Compliance (interior and exterior) inspection of the property. Certificate of Use and
P 13 Occupancy renewable each year with an annual renewal fee set by the City Commission by
P 14 resolution.
P 15 (d) It shall be unlawful and a violation of the City Code for any person or entity, either
P 16 directly or indirectly, to conduct or enter into a businc c, profe_sion, er occupation, including
P 18 Occupancy and being issued a local business tax receipt by the
P 19 (ed) If the real property that is to be used for the operation of a business is subject to
220 unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and
221 Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or
222 fees on the property are fully paid, including interest due and any assessable costs and until
223 all Code violations are brought into compliance.
24 (fe) Local Rfesponsible Pparty (LRP) required.
25 (1) Whenever any property is required to have a Certificate of Use and Occupancy under
26 this article, the owner shall designate in writing, on a form provided by the city, a local
6
27 responsible party for contact by city officials relating to the property. The owner shall also
28 provide a valid address and phone number for the local responsible partyLRP.
29 (2) The local responsible partyLRP under this section must reside within Miami-Dade,
30 Broward, Palm Beach, Martin or Indian River St. Lucie County. The property owner may be the
P 3 designated LRP if they meet the requirements of this Article. The purpose of the locational
32 standard is to ensure that the handling of matters requiring onsite presence of the LRP are
P 3 attended to within approximately one (1) hour.Any owner who resides outside of Florida
34 either at the time of applying for a Certificate Use and Occupancy or after having secured
P 3 such certificate, shall designate a local responsible party that complies with the City Code.
36 (3) A e . - et- _ - _.- . LRP shall have the authority to adequately and timely
P 3 respond to any Code compliance issues that may arise on the subject property and shall be
P 3 responsible for the care, custody, control and compliance of the rental property. The Local
P 3 Responsible Party may apply for a Certificate of Use and Occupancy, Business Tax Receipt,
P 40 and inspections on behalf of the owner.
'41 (4) An owner shall notify the Director of Development Department in writing of any
'42 change in the designation of the local responsible party within ten (10) business days of such
'43 change.
'44 (5) Failure to designate or engage a local responsible party LRP meeting the
'45 requirements of this section shall be a violation of the City Code punishable under Chapter 2,
'46 Article V of this Code.
P 47 (g) It is unlawful for a property owner to allow by lease, license, grant or other written or
P 4 oral agreement, the use of any real property for the operation of a business without a valid
►49 - _ . -- . . - _ - . - e - -- •- .e.-: - - - - - - - e . t. --
'50 Tax Receipt. Violation of this section is violation of the City Code punishable under Chapter 2,
P 5 Article V of this Code. (I-iD Only one (1) Certificate of Use and Occupancy shall be issued for
252 each parcel of real property as described by the Palm Beach County Property Appraiser's
53 Office through the provision of a property control number. Certificate of Use and Occupancy
254 is not transferable.
255 (is) All Certificate of Use and Occupancy applications are subject to inspection of the real
256 property being used for the operation of the business by the city. The Certificate Use and
57 Occupancy inspection charges shall be set by resolution of the city commission. If the
58 inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must
59 be corrected and a re-inspection made by the appropriate department. All violations must be
60 corrected before approval of occupancy. If the owner of a dwelling does not reside at the
261 dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the
62 dwelling, there is a presumption that the dwelling is being rented and must have a Certificate
63 of Use and Occupancy and a bBusiness-tTax cReceipt. This presumption may be rebutted by
64 the owner of the dwelling applying for an exemption from the Certificate of Use and
65 Occupancy and laBusiness tTax cReceipt. The exemption application shall include an affidavit
266 of the owner that all persons residing at the dwelling are relatives of the owner and that
7
267 these relatives pay no rent or other consideration for the privilege of living at the dwelling
268 and that the relatives provide no maintenance or other services in return for the right to live
P 6 at the dwelling. The application fee for the exemption application shall be approvedset by
P 7 resolution of the city commission and must be obtained every year.
►71 (h) A Short-Term Rental approved by the City to operate as a residential rental prior to
P 7 the adoption of these regulations cannot be automatically renewed. A new application must
P 7 be filed and be reviewed and processed in accordance with all applicable requirements of
P 7 Article V as well as Article I of this Chapter.
275
P 7 Sec. 13-67 Administrative remedy to challenge classification or fee.
P 7 (a) Any person may protest the classification or fee applicable to that person provided:
P 7 (1) The person has made and filed an application for the issuance of a Certificate of Use
P 7 and Occupancy and a Business Tax Receipt in accordance with the procedures set forth
P 8 herein, and
P 8 (2) The person has paid the application fee, inspection fee or re-inspection fee, when
►82 applicable, and
P 8 (3) The person has received a Certificate of Use and Occupancy and paid the Business
P 8 Tax Receipt fee requested by the city, and
P 8 (4) The Business Tax Receipt has been issued.
P 8 (b) A protest to a classification or fee shall be made in writing to the City
P 8 C4eckDevelopment Department within 30 calendar days following issuance of the Business
P 8 Tax Receipt. Failure to timely file a protest constitutes a waiver of protest and no further
►89 challenge may be made by that person until renewal of the Business Tax Receipt, in which
P 9 case the right to protest shall be revived for an additional 30 days following issuance of a
P 9 renewal Business Tax Receipt.
►92 (c) A protest, when timelyfiled filedtimely, shall be processed as follows:
►93 -• . - . - -. - - - - •- • . "- -- .(21) TheStaff Cit, Ma ager
P 9 shall conduct a review of the protest and render a written report within 45 days of the filing
►95 of the protest. -- .e- _ _ • _ • _ . e•-• _ _ -- _ _
►96 filing the protest and any information submitted by the Development Services Division. The
P 9 City ManagerStaff shall limit her the report to an evaluation of whether the tax which is being
P 9 protested is based on a reasonable classification and is uniform throughout the class.
P 9 (2) The staffC-ity MaRa-ge;r's report shall be forwarded _ . . - •- . . - _ - _ _
:00 to the City Commission at the second meeting following completionfiling of the report with
:01 the Clerk. A copy of the report shall be forwarded to person who filed the protest, along with
:02 a notice of the date on which the report is to be heardsubmitted to by the City Commission.
8
:03 (3) The City Commission shall . -- _ _ - _ •- . ._ -es- _
:04 either grant or deny the protest. If the protest is granted, the City Commission shall direct
:05 staff to adjust the classification or fee consistent with applicable state and local procedural
:06 requirements.'- . _ _.• - • • •- ..e..e Once the fee and/or classification are
:07 adjusted,and any tax previously paid by the protesting person, in excess of the adjusted tax,
:08 shall be refunded by the city.
:09 (4) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach
:10 County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be
:11 on the person initiating the action.
:12 ...
313 Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
314 ...
115 (i) See Article V., Section 13-97 for suspension provisions, timeframes and restrictions.
316 ...
:17 ARTICLE V. RENTALS HOUSING
:18 Section 13-92. Purpose.
:19 The Purpose of this Article is to establish specific processing requirements and standards
:20 applicable to the renting of residential properties. Such business activities are referred to as
:21 Standard Residential Rentals and Short-Term Rentals (also known as vacation rentals). The
:22 City Commission acknowledges the possible negative impacts of transitory uses of residential
:23 properties on the character of, and quality of living in the community. Therefore, it is
:24 necessary and in the interest of the public health, safety, and welfare to apply monitoring
:25 requirements, operational standards, and revocation and violation penalties appropriate to
:26 said uses to prevent and/or mitigate impacts created by such transitory uses of residential
:27 property. It is the intent and purpose of such requirements to preserve the quiet nature and
:28 atmosphere of residential areas as expected by the city's residents. It is unlawful for any
:29 owner and/or operator of any property within the City to rent or operate Rental Housing
:30 contrary to the procedures and regulations established or referenced in this Article as well
:31 as Article I.
:32 Section 13-93. Definitions.
:33 For the purposes of this Article, the following definitions shall apply:
:34 Standard Residential Rental. Standard Residential units that are not rented for less
:35 than (30) days (or one (1) calendar month) for more than three (3) times in a calendar
:36 year. Such residential rentals are therefore not classified as Short-Term Rental as also
9
:37 defined and regulated by this Article. This typically represents the principal residence of
:38 the occupant(s).
:39 Short-Term Rental(STR).A Short-Term Rental, also called a vacation rental and a Public
:40 Lodging Establishment in Florida Statutes, is any unit or group of units in a condominium or
:41 cooperative or any individually or collectively owned single-family, two-family, three-
:42 family, or four-family dwelling unit or structure that is advertised and/or rented to transient
:43 occupants more than three (3) times in a calendar year for periods of less than thirty (30)
:44 days or one(1) calendar month.
:45 Transient Occupant. Any person who rents or occupies any dwelling unit or any part
:46 thereof, as its temporary or secondary residence, that meets the definition of a Short-
:47 Term Rental Unit.
:48
:49 Overnight. For the purposes of this subsection, "overnight" shall mean a period between
:50 10:00 p.m. and 7 a.m. the following day;
:51
:52 Section 13-94. Application for Standard Residential Rental and Short-Term Rental
:53 Approval and Renewal.
:54 No property owner, responsible party, or peer-to-peer platform entity shall offer as a Rental
:55 or allow any person to rent or occupy such properties, any property in whole or in part within
:56 the City, unless a Certificate of Use and Occupancy and Business Tax Receipt has been
:57 obtained in accordance with the procedures and requirements of Article I of this Chapter. If
:58 any conflict exists between the requirements in this Section and other sections in this Article
:59 or other articles and Chapters of the Land Development Regulations, the requirements of this
:60 Article shall prevail. This includes single-family dwellings (attached and detached), two-family
:61 dwellings, individual multi-family dwellings including condominiums, and mobile homes.
:62 The approval requirements are as follows:
:63 (a) Submittal of a complete and separate application for each unit subject to the
:64 requirements of this article;
:65
:66 (b) Payment of non-refundable application fees for an STR as follows (see Section 13-
:67 4 of this chapter for other residential rental fees);
:68 (1) Initial application fee (includes first City inspection): $525.00
:69 (2) Renewal application fee (includes first City inspection): $325.00
:70 (3) Reinspection fee: $100.00
:71
10
:72 (c) Submittal of an affidavit of compliance with all requirements herein endorsed by
:73 both the property owner and Local Responsible Party;
:74
:75 (d) Annual renewal of the approval in accordance with the requirements of this
:76 Article and Article I, except that where a discrepancy exists in any procedural
:77 requirement, the requirements of this Article shall prevail;
:78
:79 (e) Submittal of a detailed, neatly drawn and legible sketch of the rental property
:80 including floor plan and site plan indicating but not limited to number of and size of
:81 bedrooms, swimming pool and required safety barrier, storage areas for waste and
:82 any recreational vehicles, parking spaces marked and measured to indicate
:83 compliance with minimum requirements;
:84
:85 (f) A new application is required when any of the following changes are proposed
:86 to an approved application:
:87 (1) A change in the gross square footage;
:88 (2) A change in the number of bedrooms;
:89 (3) A change in the maximum occupancy;
:90 (4) A change in the number and/or location of parking spaces; and
:91 (5) A change in ownership of the property.
:92
:93 Upon completion of the changes or alterations to the property the owner shall notify
:94 the city within ten (10) days of completion. A new Certificate of Use and
:95 Occupancy/Business Tax Receipt may be issued if the conditions of this Section have
:96 been met and all required permits have been issued for the changes or alterations.
:97 Additional fees may apply in accordance with Section 13-4 of this chapter.
:98 (g) A STR approved by the City to operate as a residential rental prior to the adoption of
:99 these regulations cannot be automatically renewed. A new application must be filed
00 and be reviewed and processed in accordance with all applicable requirements of this
01 Article as well as Article I.
402
03 {f}(h) The application for an STR shall include a fully executed agreement with the City of
04 Boynton Beach authorizing police officers to issue trespass warnings on behalf of the
05 property owner.
406
11
07 Section 13-95. Technical and Operational Requirements and Restrictions Applicable to
08 both Standard Residential Rentals and Short-Term Rentals.
09 (a) Minimum Life/Safety Requirements:
10 (1) A swimming pool, spa or hot tub shall comply with the current standards of the
11 Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.
12 (2) All dwelling units shall meet the current minimum requirements of the Florida
13 Building Code.
14 (3) A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be
15 installed, inspected and maintained in accordance with NFPA 10 on each
16 floor/level of the unit. The extinguisher(s) shall be installed on the wall in an
17 open common area or in an enclosed space with appropriate markings visibly
18 showing the location.
419
20 (b) At all times all automobiles shall be parked in an approved off-street parking space
21 or driveway on the property.The parking of automobiles on a swale, lawn, landscape
22 area, within the public right-of-way or sidewalk is prohibited.An exception for
23 parking in the right-of-way will be made when spaces are marked for on-street
24 parking. However, no parking in the right-of-way is permitted over-night. For a
25 description of over-night hours, see subparagraph (b)(2) below.
26 (c) Solid waste handling and containment. Waste handling shall adhere to the
27 requirements of Chapter 10, Article II, of the Code of Ordinances.
28 (d) To benefit the safety of, and maximize compliance with rules and standards by the
29 tenants, the rental unit shall include a posting of information clearly visible to the
30 tenants.
31 (e) Whole unit rental required. Rentals shall be leased as a whole to a guest or guest
32 party. In no event may an individual sleeping room be offered for rent.
33 (f) Noise. All registered guests and other occupants shall abide by noise standards in
34 Chapter 15, Article I, which are intended to prevent, prohibit and provide for the
35 abatement of excessive and unnecessary noise that may injure the health or welfare
36 or degrade the quality of life of the citizens and residents of the City of Boynton
437 Beach.
38 (g) Rental property must be maintained in compliance with all applicable standards
39 contained with the Code of Ordinances and the Land Development Code of the City
40 of Boynton Beach.
41 (h) It is unlawful for Rental Housing to be occupied by a sexual offender or sexual
12
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176 10, Article IX, Section 10-57.The number of sleeping rooms, minimum size of
177 sleeping rooms and/or maximum guests will be confirmed by a City inspector,
178 (2) The maximum number of individuals allowed to gather at a STR shall not exceed
179 one and one-half(I 1/2) times the maximum occupants registered at the property,
80 as shown on the Certificate of Use and Occupancy, and in no event shall a
81 gathering exceed 15 persons, regardless of the number of bedrooms;
82 (3) The tabulation of maximum occupancy limits in this subsection shall exclude a
83 maximum of four (4) persons under the age of 10;
184 (4) When any registered guest at a STR is under the age of 21, there must be
85 present at all times a registered guest at least 25 years old; and
86 (5) Notwithstanding the occupancy limits set in this subsection, the total occupancy
187 shall be reduced and set at an amount determined by the Building Official
88 and/or Fire Marshal.
89 (b) Local telephone service.At least one (1) landline telephone with the ability to call
190 911 shall be available in the main level common area in the STR with the unit
191 address posted prominently next to the landline telephone.
192 (c) Emergency lighting. Hard wired emergency lighting shall be installed at the primary
493 ingress and egress of each inhabitable structure on the STR property.
94 (d) Performance of Local Responsible Party. In addition to the requirements of Chapter
195 13, Article I, the Local Responsible Party shall be responsible for ensuring
96 compliance with all requirements and standards related to the Short-Term Rental, as
197 well as the following:
198 (1) Posting of the occupant information as required by this Article;
199 (2) Receiving service of any violation of this Chapter;
.00 (3) Visiting the rental dwelling unit as least weekly to ensure continued compliance
.01 with the requirements of this Chapter;
.02 (4) Acting as the designated contact for responding to complaints made by
.03 neighbors against the rental tenants;
.04 (e) Advertising.Any advertising of the STR shall conform to information included in the
.05 Certificate of Use and Occupancy, particularly as this pertains to maximum
.06 occupancy. Reference to the approved Certificate of Use and Occupancy shall be
.07 included in all advertising. Additionally, the property owner or designated
.08 representative of the STR shall have a continuing obligation to provide to the City all
.09 venues and websites in which the unit is listed.
14
•10 (f) Annual renewal of the STR requires the passing of a new inspection by City staff.
.11 g) A fully executed agreement with the City of Boynton Beach authorizing police
•12 officers to issue trespass warnings on behalf of the property owner.
.13
.14 Section 13-97. Penalties, Offenses, and Suspension.
.15 The processing of violations against this Chapter is in accordance with Part II, Code of
.16 Ordinances, Chapter 2, Article V. However, based on the purpose statement within Section
.17 13-90, the following requirements applicable to Short-Term Rentals also apply, which will
.18 prevail if in conflict with Section 13-90 or other Chapters of the Code of Ordinances:
.19 (a) Enforcement of the Code and Ordinances; Penalties.
.20 (1) Any certificate of use issued pursuant to this Section may be denied,
.21 revoked, or suspended by the Development Director or his/her designee upon
.22 the adjudication of a violation of this Section, any City ordinance, or state law by
.23 the responsible party, property owner or transient occupant attributable to the
.24 property for which the certificate of use is issued. Such denial, revocation or
.25 suspension is in addition to any penalty provided herein.
.26 (b) Offenses/violations.
.27 (1) Non-compliance with any provision of this Section shall constitute a violation of
.28 this Section.
.29 (2) Separate violations. Each day a violation exists shall constitute a separate and
.30 distinct violation, except that violations regarding maximum occupancy, shall
.31 constitute a single violation for a rental period.
.32 (c) Remedies/enforcement.
.33 (1) The Community Standards Division will act in accordance with Chapter 2, Article
.34 V of the Code of Ordinances. However, any such fines imposed pursuant to
.35 this Section shall not be subject to reduction by the Special Magistrate.
.36 (2) The City Commission of the City of Boynton Beach hereby declares maximum
.37 occupancy violations and nonresidential and commercial use of property
.38 violations of this Code to be irreparable or irreversible in nature and therefore,
.39 the Special Magistrate of the City of Boynton Beach shall have the authority
.40 to issue fines up to $15,000 per violation.
.41 (3) Additional remedies. Nothing contained herein shall prevent the City from
.42 seeking all other available remedies which may include, but not be limited to,
.43 suspension or revocation of a STR Certificate of Use and Occupancy/Business
.44 Tax Receipt, injunctive relief, liens and other civil and criminal penalties
.45 provided by law, as well as referral to other enforcing agencies.
15
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.80 c. An application for a renewal shall not submitted during the period of
.81 suspension.
.82 (3) Appeal. All appeals of suspensions shall be to the Special Magistrate in
.83 accordance with Chapter 2, Article V of the Code of Ordinances.
.84
.85 (e) Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be
.86 revoked when more than two of the violations occur within 12 consecutive months
.87 that involve the maximum persons standards, the lack of presence of a supervising
.88 adult, or advertising/promoting the STR inconsistent with rules and standards of this
.89 Article. Revocation action can also be taken by the City for a single offense involving
.90 a felony or misdemeanor charge, if the action occurred on the subject property, and
.91 resulted in injury to an occupant or a visitor to the property, or involved a drug-
.92 related charge. All appeals of revocations shall be to the Special Magistrate in
.93 accordance with Chapter 2, Article V of the Code of Ordinances.
.94 (f) Enforcement. The provisions of this Section shall be enforced as provided in
.95 Chapter 2, Article V of the Code of Ordinances.
596
597 Section 4. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article V,
598 "Rental Dwelling Units shall be renumbered and renamed as follows:
599
600 ARTICLE VI. RENTAL-DWELLING-UNITS-RESIDENTIAL NOTICE AND TENANT'S BILL OF
601 RIGHTS
602
603 DIVISION 1. APPLICABILITY AND DEFINITIONS
604
1605 Sec. 13-928. Title.
606 ...
607
1608 Sec. 13-939. Applicability.
609 ...
610
�11
Sec. 13-94100. Definitions.
612 ...
613
614 DIVISION 2. RENTAL NOTICES
615
16 Sec. 13-9-5101. Required written notice of termination of monthly residential tenancy
617 without specific duration.
618 ...
17
619
20 Sec. 13-96102. Required written notice of rental payment increases for residential
621 tenancies.
622 ...
623
624 DIVISION 3. TENANT' S BILL OF RIGHTS AND NOTICE OF LATE FEES
625
26 Sec. 13-97103. Tenant's Bill of Rights; Landlord Notice Requirements.
627 ...
628
�29 Sec. 13-98104. Late Fee Notices; Landlord Requirements.
630 ...
631
632 DIVISION 4. ENFORCEMENT
633
�34 Sec. 13-99105. Enforcement.
635
636 Section 5. Each and every other provision of the City's Code of Ordinances not herein
637 specifically amended, shall remain in full force and effect as originally adopted.
638 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with
639 any provisions of this ordinance are hereby repealed.
640 Section 7. Should any section or provision of this Ordinance or any portion thereof be
641 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
642 remainder of this Ordinance.
643 Section 8. Authority is hereby given to codify this Ordinance.
644 Section 9. This Ordinance shall become effective immediately upon second reading.
645 FIRST READING this 6th day of June, 2023.
646
647 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANL)
648
18
649 SECOND, FINAL READING AND PASSAGE this day of June, 2023.
650
651 CITY OF BOYNTON BEACH, FLORIDA
652 YES NO
653
654 Mayor—Ty Penserga
655
656 Vice Mayor—Thomas Turkin
657
658 Commissioner—Angela Cruz
659
660 Commissioner—Woodrow L. Hay
661
662 Commissioner—Aimee Kelley
663
664 VOTE
665 ATTEST:
666
667
668 Maylee De Jesus, MPA, MMC Ty Penserga
669 City Clerk Mayor
670
671 APPROVED AS TO FORM:
672 (Corporate Seal)
673
674 Michael D. Cirullo, Jr.
675 City Attorney
676
677
678
19