R23-094 1
2
3
4 RESOLUTION R23-094
5
6
7 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
8 FLORIDA, APPROVING THE APPLICATION TO BE USED
9 FOR SHORT-TERM RENTAL SUBMITTALS; PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, as proposed in Ordinance No.23 -012,this new Short-Term Rental (STR)
13 application is required for initial issuance and renewal, along with certain changes made to
14 an approved application; and
15 WHEREAS, the purposes and functions of the Short-Term Rental application are to
16 serve as a checklist to guide the applicant to the applicable STR regulations and other
17 government agency; to act as an overview of the STR regulations to prepare the subject
18 property in compliance;to assist the applicant to prepare the necessary documents and plans
19 for staff review, determination, and inspection of the subject property; and it is designed to
20 acquire the necessary information between the property owner and local responsible party;
21 and
22 WHEREAS, upon the recommendation of staff, the City Commission deems it to be
23 in the best interests of the citizens and residents of the City of Boynton Beach to approve
24 the application to be used for Short-Term Rental submittals pursuant to Ordinance 23-012.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
26 OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby
28 ratified and confirmed by the City Commission.
S:\CA\RESO\Short-Term Rental Application-Reso.docx
29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
30 approves the application, a copy of the amendment is attached hereto and incorporated
31 herein by reference as Exhibit "A", to be used for Short-Term Rental submittals pursuant to
32 Ordinance 23-012..
33 Section 3. This Resolution shall become effective October 1, 2023.
34 PASSED AND ADOPTED this 18th day of July, 2023.
35
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice-Mayor—Thomas Turkin
42 ✓
43 Commissioner—Angela Cruz
44 /
45 Commissioner—Woodrow L. Hay ✓
46 ✓
47 Commissioner—Aimee Kelley
48
49 VOTE
50 ATTEST:
51
52
O. 0
53
54 Maylee D_ us, MPA, M C v-ga
55 City Cle Ma.
Y.,
56
57 �= gOYNTOti`►� APPRQVED /S TO FORM:
58 (Corporate Seal) ;��00.coRPORgr•���► /►
59 s SEAL ;
60 INCORPORATED' i
61 !j 1920 Michael D. Cirullo, Jr.
62 II% •'••.....••. �� City Attorney
63 `". LORID1
64
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CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT I Development Services
00 E.OceanAve.•Boynton�Beac 7FL 33435• (561)742-6350• developmentmabbti.us
O Short-Term Rental Application
Year
PROCEDURE: Submit the completed application (6 pages)and required documents and plans with a non-refundable
fee to the Business Tax Receipt Office by the property owner or authorized representative. When the application
is processed, inspections shall be scheduled by the owner or local responsible party, and approved in accordance
with Part II Code of Ordinances, Chapter 13 Licenses, Article V. Rental Housing.
APPLICATION FEE (includes first City inspection): $525.00 per unit
ANNUAL RENEWAL FEE (includes first City inspection): $325.00 per unit
RE-INSPECTION FEE: $100.00
APPLICATION CHECKLIST: The following documents shall be submitted with the completed application.
SUBMITTAL
A copy of the Short-Term Rental's current Florida Department of Business & Professional Regulation
License as a Transient Public Lodging Address: 1940 North Monroe St, Tallahassee, FL 32399
Establishment with The Florida Department of Phone: 850-487-1395
Business and Professional Regulation. Website: www.MyFloridaLicense.com
A copy of the Short-Term Rental's current Florida Department of Revenue
certificate of registration with the Florida Address: 2468 Metrocentre Blvd, West Palm Beach,
Department of Revenue. Certificate must be in FL 33407
the property owner's name and list the property Phone: (561) 640-2800
address. Website: https://floridarevenue.com/taxes
Approval will not be granted if a code violation Community Standards, City of Boynton Beach
exists on the property. Documentation may be Address: 100 E. Ocean Ave., Boynton Beach, FL 33435
required. Phone: 561-742-6120 I Email: PierreV@bbfl.us
Authorization letter if the application is being submitted on behalf of the property owner.
Photograph of posted rules and regulations clearly visible to patrons.
A copy of the standard rental/lease agreement is required if the applicant is not the property owner.
A detailed, neatly drawn and legible sketch of rental property's floor plan identifying all bedrooms and other
living spaces, exits, smoke detectors, emergency lighting, location of fire extinguishers, and telephone
service.
• The telephone with the ability to call 911 shall be available in the main level common area.
• Hard wired emergency lighting shall be installed at the primary ingress and egress of each inhabitable
structure on the STR property.
• A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and
maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be
installed on the wall in an open common area or in an enclosed space with appropriate markings
visibly showing the location.
A site plan and/or survey illustrating the existing conditions of the property swimming pool, spa, and/or hot-
tub; storage areas for waste; recreational vehicles accompanying or accessible to renters; fence; and parking
spaces with dimensions to confirm compliance with standards.
A copy of Article I. Business Tax Receipts and Certificate of Use and Occupancy and Article V. Rental Housing
of Chapter 13. LICENSES has been reviewed and the requirements are understood.
NOTE: Be sure to apply for Tourist Development Tax with the Palm Beach County Tax Collector's Office.
Address: 301 N. Olive Ave. 3rd Floor, WPB, 33401 I Phone: 561-355-2264 I Website: https://www.pbctax.com/
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Property Information
STREET ADDRESS (of the Short-Term Rental): PROPERTY PARCEL NUMBER:
Number of Rooms Number of
[Excluding bathrooms and closets] Refuse/Waste/Garbage Cans
Number of Parking Spaces Is there a landline phone? Yes No
Is there a Swimming Pool? Yes No Is there a Spa or Hot Tub? Yes No
Marketing Platforms:
Local Responsible Party (LRP)*
Contact Information
Property Owner Contact Information (Please Print)
(Please Print)
111 Check the box, if the property owner is the LRP.
Business Name (if applicable): Business Name (if applicable):
Print Name and Title: Print Name and Title:
Mailing Street Address: Mailing Street Address:
Mailing Address City/ State/Zip: Mailing Address City/ State/Zip:
Primary Phone Number: Primary Phone Number:
Secondary/ Cell Phone Number: Secondary/ Cell Phone Number:
Email: Email:
Social Security/EIN [Per FS 205.0535(6)]:
. The LRP is 25 years of age or older and
able to reach the property within 1 hour.
Telephone Number for phone line inside of the home:
Account Number(if applicable):
* Please review requirements of the Local Responsible Party on page 5 & 6 of this application.
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INSPECTION:
YOU MUST CALL TO SCHEDULE AN INSPECTION OF THE SHORT-TERM RENTAL WITHIN 30 DAYS
OF FILING A COMPLETE APPLICATION. FAILURE TO SCHEDULE INSPECTION(S) WILL RESULT IN
CANCELLATION OF THE APPLICATION, FORFEITURE OF FEES PAID, AND POSSIBLE CIVIL
ACTIONS AND PENALTIES. REINSPECTION FEES WILL APPLY AFTER FIRST INSPECTION.
One application per rental unit
The Certificate of Use and Occupancy is required if the property is rented at any time during the tax
year, which comprises the period of September 30th - October 1st of the following year
The Certificate of Use and Occupancy is issued after approval of inspection(s) by Community
Standards and/or the Fire Rescue Department, and valid from the date of issuance until the end
of the business tax year
❑ Whole unit rental required
❑ Operable smoke detectors in each room
❑ Operable fire extinguisher
Emergency lighting at the primary ingress and egress of each inhabitable structure on the STR
property
❑ A swimming pool, spa or hot tub shall comply with the current standards of the Residential
Swimming Pool Safety Act, Chapter 515, Florida Statutes.
11 Off-street parking space or driveway on the property
❑ Storage areas for refuse/waste/garbage cans
❑ Operable carbon monoxide detector in any rooms where gas is a source of energy
INSPECTION BY
Community Standards (Phone: 561-742-6120)
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Owner Affidavit for Short-Term Rental
I certify that all the above information is true and correct, and I understand that any false statements constitute a
violation of Florida State Statutes and will result in revocation or denial of the Short-Term Rental and prosecution in
accordance with the law. I hereby agree to operate the above- described business in accordance with all the laws
of the State of Florida and the City's Code of Ordinances. Furthermore, I understand that issuance of the Short-
Term Rental is conditioned upon the compliance with all ordinances and the results of any investigations of the
above described business.
The application shall bear the signature of all owner(s) and all authorized responsible party(ies) of the owner(s). If
necessary, please attach additional sheets with notarized signatures of all other authorized signatures of all other
authorized property owners and/or short-term rental responsible party(ies).
The Development Director or his/her designee may revoke or refuse to issue or renew a Short-Term Rental, if a
property owner has willfully withheld or falsified any information required for a Short-Term Rental application.
Failure to renew when applicable, shall constitute a code violation and subject the property owner/responsible party
to the revocation of the Short-Term Rental (Article V. Rental Housing, Section 13-97. Penalties, Offenses, and
Suspension of Chapter 13. Licenses).
I acknowledge that the City police officers are authorized to issue trespass warnings on behalf of the property owner.
I understand that the Certificate of Use and Occupancy is nontransferable and the Local Business Tax Receipt and
Certificate of Use and Occupancy expires on September 30th annually, with the option to renew in accordance with
Chapter 13. Licenses, Article V. Rental Housing of Part II. Code of Ordinances.
Property Owner:
(Print or Type Name)
Property Owner: Date:
(Signature)
Authorized Responsible Party:
(Print or Type Name)
Authorized Responsible Party: Date:
(Signature)
SWORN TO AND SUBSCRIBED before me this day of 20 , by
means of [] physical presence or [] online notarization.
Notary Public
Seal of Office Notary Public, State of Florida
(Print Name of Notary Public)
Personally Known
Produced Identification
Type of identification Produced:
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Local Responsible Party (LRP) Affidavit
Local Responsible Party (LRP) Requirements (Part II, Chapter 13, Article I, Section 13-6, (e)):
(e) Local Responsible Party(LRP) required.
(1) Whenever any property is required to have a Certificate of Use and Occupancy under this article,
the owner shall designate in writing, on a form provided by the city, a local responsible party which shall be
a minimum of twenty-five years of age, for contact by city officials relating to the property. The owner shall
also provide a valid address and phone number for the LRP.
(2) The LRP under this section must reside within Miami-Dade, Broward, Palm Beach, Martin or St.
Lucie County, except that the LRP for a Short-Term Rental must reside within Broward, Palm Beach or
Martin County. The purpose of this more restrictive locational standard applicable to Short-Term Rentals is
to ensure that the handling of matters requiring onsite presence of the LRP are attended to within
approximately one (1) hour. The property owner may be the designated LRP if they meet the requirements
of this Article.
(3) An LRP shall have the authority to adequately and timely respond to any Code compliance issues
that may arise on the subject property and shall be responsible for the care, custody, control and
compliance of the rental property. The Local Responsible Party may apply for a Certificate of Use and
Occupancy, Business Tax Receipt, and inspections on behalf of the owner.
(4) An owner shall notify the Development Department in writing of any change in the designation of
the local responsible party within ten (10) business days of such change.
(5) Failure to designate or engage a LRP meeting the requirements of this section shall be a violation
of the City Code punishable under Chapter 2, Article V of this Code.
In addition to the responsibilities required for a local responsible party as provided in (e) of Section 13-6, quoted
above, additional responsibilities for a Short-Term Rental are required as follows:
• To comply with all applicable standards of this Article as well as all other applicable city, county, state and federal
laws, rules, regulations, ordinances and statutes, and use best efforts to assure that the rental use of the dwelling
unit will not disrupt the residential character of the neighborhood, and will not interfere with the rights of
neighboring residents to the quiet enjoyment of their residences;
• To benefit the safety of, and maximize compliance with rules and standards by the tenants, a posting of
information is clearly visible to the tenants in the rental unit.
• The residential property, or any other property owned by the titled owner of the residential property, is not in
violation of any section of the Code of Ordinances of the City;
• There are no unsatisfied liens recorded against the residential property, or any other property owned by the titled
owner of the residential property, as a result of any violation of any section of the Code of Ordinances of the City;
• Waste from the use of the property will be handled in accordance with the requirements of Chapter 10. Garbage,
Trash and Offensive Conditions, Article II. Refuse, Garbage and Trash of Part II Code of Ordinances, as may be
amended from time to time;
• Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance
of a residential property, or having been authorized, licensed, or invited, is warned by the owner or lessee, to
depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance;
• Other properties are not jointly shared commodities and should not be considered available for use by transient
occupants of the transient rental subject of the application;
• That prior to permitting occupancy by an approved resident, the owner shall confirm that such occupant is not
prohibited by the City's Sexual Offender Residency Prohibition requirements set forth in Chapter 15, Article X.
Sexual Offender Residency Prohibition of Part II Code of Ordinances, and
• Submission of an incomplete application form shall result in rejection of the application.
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• When the application is processed, an Inspection shall be made by appointment with the Community Standards
Inspector.
• Be available and have the authority to address or coordinate problems associated with the property 24 hours a
day, 7 days a week.
• Prior to occupancy of the rental unit, obtain the affidavit acknowledging that pets will be cared for in compliance
with Chapter 4. Animals and Fowl of Part II Code of Ordinances.
• Prior to occupancy of the rental unit, inform all occupants of regulations including but not limited to parking,
garbage and waste, noise, and outdoor musical performances.
• It shall be unlawful for any person to obtain a Business Tax Receipt for another business while the property is
approved for any rental unit subject to this Article.
• At all times all automobiles shall be parked in an approved off-street parking space or driveway on the property.
• A whole unit shall be rented. Residential rentals shall be leased as a whole to a guest or guest party. In no event
may an individual sleeping room be offered for rent.
I certify that I have read and understand the information contained on this affidavit, and that to the best of my
knowledge such information is true, complete, and accurate.
BEFORE ME, the undersigned authority, personally appeared (PRINT NAME)
Who after being duly sworn, deposes and says: That I am the person whose signature appears below, and that the
information I have provided above in this document is true and correct.
LRP Contact:
(Print or Type Name) (Signature) (Date)
SWORN TO AND SUBSCRIBED before me this day of 20 , by
means of [] physical presence or [] online notarization.
Notary Public
Seal of Office Notary Public, State of Florida
(Print Name of Notary Public)
Personally Known
Produced Identification
Type of identification Produced:
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