23-012 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, the purpose of this Ordinance is to establish specific processing
15 requirements and standards applicable to the renting of residential properties; and
16 WHEREAS, these amendments to the City's Code of Ordinances include the
17 reorganizing of Article I of Chapter 13 to consolidate existing sections applicable to residential
18 rental uses with the proposed new sections applicable to Short-Term Rentals (abbreviated STR)
19 within a new Article V; and
20 WHEREAS,the amendments consist of terms and definitions relative to both STRs and
21 the traditional/long-term residential rentals, the more expanded application requirements for
22 the STRs, technical or operational requirements, and a new compliance process to correspond
23 with regulating STRs; and
24 WHEREAS, the amendments also include a few amendments to sections in other
25 chapters and articles of the Code of Ordinances for connectivity and consistency purpose (e.g.
26 cross-references); and
27 WHEREAS, the proposed regulations for STRs are intended to be consistent with the
28 limitations on local regulation of vacation rentals under Florida law; and
29 WHEREAS, having considered the recommendations of staff, the City Commission has
30 determined that it is in the best interest of the citizens and residents of the City of Boynton
31 Beach to approve the amendment to the City's Code of Ordinances as contained herein.
32 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF
33 BOYNTON BEACH, FLORIDA, AS FOLLOWS:
34 Section 1. The foregoing whereas clauses are true and correct and are now ratified
35 and confirmed by the City Commission.
c}1
36 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2 "Administration",
37 Article V, "Code Compliance Board; Special Magistrate" is hereby amended as follows:
38 CHAPTER 2 ADMINISTRATION
39 ...
40
41 ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE
42 ...
43
44 Sec. 2-85. Criteria for lien reduction.
45 The following criteria must be complied with prior to a lien reduction hearing before the
46 Code Compliance Board or Special Magistrate (also see Chapter 13, Article V for exclusion of
47 fee reductions resulting from certain violations involving Short-Term Rentals):
48
49 (1) The property in question must be in total code compliance and an affidavit of
50 compliance must be issued for the code compliance case that is being appealed.
51
52 (2) The subject property must be free of all outstanding debts (including taxes) due the
53 city.
54 (3) An application fee of two hundred dollars ($200.00) must be included for the
55 application to be processed.
56
57 (4) This section does not apply to lien waivers or reductions sought in conjunction with
58 redevelopment of commercial and residential properties pursuant to the provisions of
59 Section 2-93 of this Chapter.
60
61 ...
62
63 Sec. 2-91. Violations and penalties.
64
65 (a) The following table of violations and penalties shall be assessed by code enforcement
66 officers and shall be followed by the county court system as a special Magistrate pursuant to
67 section 2-82 of this Code, in its review and adjudication of matters in accordance with this
68 Article.The schedule of penalties set forth below is not intended to be all inclusive. The
69 penalty for violation of other codes or ordinances of the city heretofore or hereafter created
70 and not enumerated herein shall be enforced in the manner provided for therein.
71
72 ...
73
74 (e) See Chapter 13, Article V for the declaration of irreparable or irreversible actions and
75 therefore application of the maximum fee of$15,000 per violation resulting from certain
76 violations involving Short-Term Rentals.
77 ...
78
U2
79 Section 3. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article
80 I, "Business Tax Receipts and Certificate of Use and Occupancy" is hereby amended as follows:
81 CHAPTER 13. LICENSES
82 ...
83 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY
84 ...
85 Sec 13-4 Classification and fee schedule.
86 ...
87 Business Tax Receipts Procedure:
88 - - - - - - - -- -- - - -- _ - _
89 Use and Occupancy and unless otherwise exempt, must be issued a :. --
90 This includes rental property four units or less, including single family residential rentals,
91 condominiums, and mobile homes.
92 Business Tax Receipts are issued for a period of twelve months, from October 1st to the
93 following September 30th. They must be renewed annually. To avoid renewal late fees, renta'
94 E. -- - _ -- . - _. .- - e. e --
95 require a Code Compliance (interior and exterior) inspection of the property.
96 Whenever a rental property is sold or otherwise changes ownership, the new owner must
97 do the following:
98 (1) Apply for a new Certificate of Use and Occupancy and rental Business Tax Receipt;
99 (2) Schedule an inspection of the rental with the Code Compliance Division.
100 If the inspection process should reveal Zoning, Building, Housing or Fire Code violations,
01 they must be corrected and a re inspection made by the appropriate department. The owner
102 is given adequate time to correct any violations. All violations must be corrected before
103 occupancy will be approved.
104 Any property that has been found in violation by a code compliance board of the city
105 - - - - - - - - - - - - -- _. - _ -- - - --- -
106 at twelve (12) months after the date of the hearing in which the property was found to be in
07 violation.
108 The owner of a property that has been found to be in violation by a code compliance
109 --- - = -- • - - - • - - -- - - - - -- - - • -- - • -!! -
1 10 ach of the inspections required. The required inspection fees shall be included as part of the
i 11 administrative costs assessed by the city and shall be included in any liens filed by the city.
1 12 NOTE: Fees may change from time to time by Ordinance of the City Commission. The
113 --- • . - - - . . . - - - - - - ' - -- • . - - - - - - - -- _ -- . :. •--
u3
i 14 Tax Receipts arc available on line at the city's website and at the Development Services
i 15 Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office
116 ee - - - - - - -e - .ee - - e - - e. ee - , - - - _. -- .__ - - . -
117 required on the application.
118 Designation of resident agent: No Certificate of Use and Occupancy and Business Tax
119 Receipt shall be issued by the city for a rental dwelling located on a rental premises unless
120 the applicant therefor designates in writing to the city the name, address, and local telephone
i 21 number of the owner or resident agent to receive service of notice of violation of this Code.
122 -- - - - - - - - - - - -- - - - -- - - - - - - - - _ ---
23 of age or older who is customarily present at a business location within the city for the
i 24 purposes of transacting business, or who actually resides within the city. An owner may
125 change his or her designation of a resident by notifying the city in writing of the name,
126 address, and local telephone number of the person designated by the owner to replace the
i 27 previous resident agent. Any notice of violation or legal process which has been delivered or
i 28 served upon the previous resident agent prior to the receipt of the city of notice of change of
129 the resident agent shall be deemed effective service. It shall be the sole responsibility of the
130 owner to appoint a reliable resident agent and to inform the resident agent of his correct
i 31 mailing address. Failure to do so shall be no defense to a violation of this Code. No owner
132 shall designate as a resident agent any person who does not expressly comply with the
133 provisions of this section.
134 The owner or the resident agent shall be deemed to be the "violator" as the term is used
135 in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice
I 36 of the owner, tenant and violator.
137 Sec. 13-5. Provision for unlisted businesses or occupations.
138 All businesses must obtain a Certificate of Use and Occupancy prior to operating within the
139 city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
140 occupations not specifically listed herein. The city shall establish a classification for new
141 businesses or occupations in accordance with the United States Standard Industrial
142 Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for
143 any business not specifically listed herein shall be commensurate with the rate structure and
144 classifications set forth in Sec. 13-4, and shall be established by resolution of the City
145 Commission following application but prior to issuance of a Business Tax Receipt for the
146 unclassified business.
47 - .. ' • -
•
48 (a) Any person may protest the classification or fee applicable to that person provided:
49 (1) The person has made and filed an application for the issuance of a Certificate of Use
50 _-e e _e.• . . _ . :. •-- . Receipt in accordance with the procedures set forth
51 herein, and
n4
152 (2) The person has paid the application fee, inspection fcc or re inspection fee, when
153 applicable, and
154 (3) The person has received a Certificate of Use and Occupancy and paid the Business
155 Tax Receipt fee requested by the city, and
156 ('1) The Business Tax Receipt has been issued.
157 (b) A protest to a classification or fee shall be made in writing to the City Clerk within 30
158 - -
159 constitutes a waiver of protest and no further challenge may be made by that person until
160 renewal of the Business Tax Receipt, in which case the right to protest shall be revived for an
I61 --- - - e -- - - - ' -- - - - " - =- " - '' . - .
162 (c) A protest, when timely filed, shall be processed as follows:
163 (1) The City Clerk shall forward the protest to the City Manager.
164 (2) The City Manager shall conduct a review of the protest and render a written report
i 65 within '15 days of the filing of the protest. The City Manager shall consider any information
166 submitted by the person filing the protest and any information submitted by the
167 Development Services Division. The City Manager shall limit her report to an evaluation of
i 68 whether the tax which is being protested is based on a reasonable classification and is
169 uniform throughout the class.
i 70 (3) The City Manager's report shall be filed with the City Clerk and submitted to the City
171 Commission at the second meeting following filing of the report with the Clerk. A copy of the
172 -- - - - - - - - - - = - -- - - ' - - - ' - - _ - ._ -- ' -
173 which the report is to be submitted to the City Commission.
i 74 ('I) The City Commission shall review the protest and the City Managers report and shall
i 75 either grant or deny the protest. If the protest is granted the City Commission shall adjust the
176 classification or fee in accordance with their findings and any to e __ . _- _ e. •-
I 77 protesting person, in excess of the adjusted tax, shall be refunded by the city.
178 (5) A decision of the City Commission may be appealed to the Circuit Court of Palm
179 Beach County, Florida. The Circuit Court review shall be de novo, and the burden of proof
180 shall be on the person initiating the action.
181 Sec. 13-76. 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 residential .1welling rental housing:-
84
ousing:84 It shall be unlawful and a violation of the City Code for any person or entity, either directly or
85 indirectly, to conduct or enter into a business, profession, or occupation, including the rental
86 of real property, within the city without first obtaining a Certificate of Use and Occupancy and
87 being issued a local business tax receipt by the city. Further, it is unlawful for a property
88 owner to allow by lease, license, grant or other written or oral agreement, the use of any real
„5
89 property for the operation of a business without a valid and current Certificate of Use and
90 Occupancy including required inspection and Local Business Tax Receipt. Violation of this
91 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 ECity. The application shall be on a form
194 prescribed by the eCity, and shall be filed together with such other documents as hereinafter
195 set or as required by state law. The Business Tax Receipt portion of the form shall require
196 disclosure of the Federal Identification Number or Social Security number of the person to be
197 licensed.
198 (b) Each application for a Certificate of Use and Occupancy shall be accompanied by an
199 application filing fee set by the City Commission by resolution, which shall cover the
200 Certificate of Use and Occupancy review to be undertaken by city zoning, and building
201 division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall
202 be determined by the proposed use, the applicant shall pay for such inspections at a rate set
203 by the City Commission by resolution. In the event an application is denied due to failed
204 inspections, the application may, upon payment of a re-inspection fee set by the City
205 Commission by resolution, be reconsidered.
P06 (c) Business Tax Receipts and Certificate of Use and Occupancy are issued for a period of
P 0 twelve months, from October 15t to the following September 30th. They must be renewed
►08 annually with an annual renewal fee approved by the City Commission. To avoid renewal late
P 0 fees, fees are payable by October 15t. After January 30th, late renewals require a Code
P 10 Compliance (interior and exterior) inspection of the property. Also see Article V for additional
11 inspection requirements.Certificate of Use and Occupancy renewable each year with an
P 12 annual renewal fee set by the City Commission by resolution.
13 (d) It shall be unlawful and a violation of the City Code for any person or entity, either
14 directly or indirectly, to conduct or enter into a business, profession, or occupation, including
P15
'16 e ... , . , . . . . : . „ - - . ., -- -.
P 17 (ed) If the real property that is to be used for the operation of a business is subject to
218 unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of Use and
219 Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or
220 fees on the property are fully paid, including interest due and any assessable costs and until
221 all Code violations are brought into compliance.
22 (#e) Local Rfesponsible Pparty (LRP) required.
P 23 (1) Whenever any property is required to have a Certificate of Use and Occupancy under
24 this article, the owner shall designate in writing, on a form provided by the city, a local
25 responsible party which shall be a minimum of twenty-five years of age, for contact by city
P 2 officials relating to the property. The owner shall also provide a valid address and phone
27 number for the local responsible partyLRP.
06
P 2 (2) The local responsible partyLRP under this section must reside within Miami-Dade,
P 2 Broward, Palm Beach, Martin or Indian River St. Lucie County, except that the LRP for a Short-
P30 Term Rental must reside within Broward, Palm Beach or Martin County. The purpose of this
►31 more restrictive locational standard applicable to Short-Term Rentals is to ensure that the
P 3 handling of matters requiring onsite presence of the LRP are attended to within
P 3 approximately one (1) hour. The property owner may be the designated LRP if they meet the
►34 requirements of this Article.Any owner who resides outside of Florida either at the time of
P 3 applying for a Certificate Use and Occupancy or after having secured such certificate, shall
P 3 designate a local responsible party that complies with the City Code.
►37 (3) A local responsible party LRP shall have the authority to adequately and timely
►38 respond to any Code compliance issues that may arise on the subject property and shall be
►39 responsible for the care, custody, control and compliance of the rental property. The Local
P 4 Responsible Party may apply for a Certificate of Use and Occupancy, Business Tax Receipt,
P 4 and inspections on behalf of the owner.
P 4 (4) An owner shall notify the Director of Development Department in writing of any
P 4 change in the designation of the local responsible party within ten (10) business days of such
P 4 change.
P 4 (5) Failure to designate or engage a local responsible party LRP meeting the
P 4 requirements of this section shall be a violation of the City Code punishable under Chapter 2,
P 4 Article V of this Code.
P 4 (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
P 5 and current Certificate Use and Occupancy including required inspec ._ _ _ _ . :_ --
►51 Tax Receipt. Violation of this section is violation of the City Code punishable under Ch pter 2,
P 5 Article V of this Code. (l}f) Only one (1) Certificate of Use and Occupancy shall be issued for
253 each parcel of real property as described by the Palm Beach County Property Appraiser's
1254 Office through the provision of a property control number. Certificate of Use and Occupancy
255 is not transferable.
567 (+g) All Certificate of Use and Occupancy applications are subject to inspection of the real
57 property being used for the operation of the business by the ECity. The Certificate Use and
58 Occupancy inspection charges shall be set by resolution of the ECity ECommission. If the
59 inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must
60 be corrected and a re-inspection made by the appropriate department. All violations must be
61 corrected before approval of occupancy. If the owner of a dwelling does not reside at the
262 dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the
63 dwelling, there is a presumption that the dwelling is being rented and must have a Certificate
64 of Use and Occupancy and a laBusiness-tTax(Receipt. This presumption may be rebutted by
65 the owner of the dwelling applying for an exemption from the Certificate of Use and
66 Occupancy and 1,13usiness tTax(Receipt. The exemption application shall include an affidavit
67 effrom the owner that all persons residing at the dwelling are relatives of the owner and that
07
268 these relatives pay no rent or other consideration for the privilege of living at the dwelling
269 and that the relatives provide no maintenance or other services in return for the right to live
►70 at the dwelling.The application fee for theAn exemption application must be filed each year
►71 that the property is used in this manner.shall be set by resolution of the city commission and
►72 must be obtained every year.
►73 (h) A Short-Term Rental approved by the City to operate as a residential rental prior to
►74 the adoption of these regulations cannot be automatically renewed. A new application must
►75 be filed and be reviewed and processed in accordance with all applicable requirements of
►76 Article V as well as Article I of this Chapter.
277
►78 Sec. 13-67 Administrative remedy to challenge classification or fee.
►79 (a) Any person may protest the classification or fee applicable to that person provided:
►80 (1) The person has filed an application for the issuance of a Certificate of Use and
►81 Occupancy and a Business Tax Receipt in accordance with the procedures set forth herein,
P 8 and
P 8 (2) The person has paid the application fee, inspection fee or re-inspection fee, when
P 8 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.
►88 (b) A protest to a classification or fee shall be made in writing to the Development
►89 Department within 30 calendar days following issuance of the Business Tax Receipt. Failure to
►90 timely file a protest constitutes a waiver of protest and no further challenge may be made by
►91 that person until renewal of the Business Tax Receipt, in which case the right to protest shall
P 9 be revived for an additional 30 days following issuance of a renewed Business Tax Receipt.
P 9 (c) A protest, when filed timely, shall be processed as follows:
P 9 (1) Staff shall conduct a review of the protest and render a written report within 45 days of
P 9 the filing of the protest. Staff shall limit the report to an evaluation of whether the tax which
P 9 is being protested is based on a reasonable classification and is uniform throughout the class.
►97 (2) The staff report shall be forwarded to the City Commission at the second meeting
►98 following completion of the report. A copy of the report shall be forwarded to person who
►99 filed the protest, along with a notice of the date on which the report is to be heard by the
:00 City Commission.
:01 (3) The City Commission shall either grant or deny the protest. If the protest is granted, the
:02 City Commission shall direct staff to adjust the classification or fee consistent with applicable
:03 state and local procedural requirements. Once the fee and/or classification are adjusted,and
„8
:04 any tax previously paid by the protesting person, in excess of the adjusted tax, shall be
:05 refunded by the city.
:06 (4) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach
:07 County, Florida. The Circuit Court review shall be de novo, and the burden of proof shalL be
:08 on the person initiating the action.
:09 ...
310 Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
311 ...
112 (i) See Article V., Section 13-97 for suspension provisions, timeframes and restrictions.
313 ...
:14 ARTICLE V. RENTAL HOUSING
:15 Section 13-92. Purpose.
:16 The Purpose of this Article is to establish specific processing requirements and standards
:17 applicable to the renting of residential properties. Such business activities are referred to as
:18 Standard Residential Rentals and Short-Term Rentals (also known as vacation rentals). The
:19 City Commission acknowledges the possible negative impacts of transitory uses of residential
:20 properties on the character of, and quality of living in the community. Therefore, it is
:21 necessary and in the interest of the public health, safety, and welfare to apply monitoring
:22 requirements, operational standards, and revocation and violation penalties appropriate to
:23 said uses to prevent and/or mitigate impacts created by such transitory uses of residential
:24 property. It is the intent and purpose of such requirements to preserve the quiet nature and
:25 atmosphere of residential areas as expected by the city's residents. It is unlawful for any
:26 owner and/or operator of any property within the City to rent or operate Rental Housing
:27 contrary to the procedures and regulations established or referenced in this Article as well
:28 as Article I.
:29 Section 13-93. Definitions.
:30 For the purposes of this Article, the following definitions shall apply:
:31 Standard Residential Rental. Standard Residential units that are not rented for less
:32 than (30) days (or one (1) calendar month) for more than three (3) times in a calendar
:33 year. Such residential rentals are therefore not classified as Short-Term Rental as also
:34 defined and regulated by this Article. This typically represents the principal residence of
:35 the occupant(s).
:36 Short-Term Rental(STR).A Short-Term Rental, also called a vacation rental and a Public
:37 Lodging Establishment in Florida Statutes, is any unit or group of units in a condominium or
:38 cooperative or any individually or collectively owned single-family, two-family, three-
09
:39 family, or four-family dwelling unit or structure that is advertised and/or rented to transient
:40 occupants more than three (3) times in a calendar year for periods of less than thirty (30)
:41 days or one(1)calendar month.
:42 Transient Occupant. Any person who rents or occupies any dwelling unit or any part
:43 thereof, as its temporary or secondary residence, that meets the definition of a Short-
:44 Term Rental Unit.
:45
:46 Overnight. For the purposes of this subsection, "overnight" shall mean a period between
:47 10:00 p.m. and 7 a.m.the following day;
:48
:49 Section 13-94.Application for Standard Residential Rental and Short-Term Rental
:50 Approval and Renewal.
:51 No property owner, or responsible party shall offer as a Rental or allow any person to rent or
:52 occupy such properties, any property in whole or in part within the City, unless a Certificate of
:53 Use and Occupancy and Business Tax Receipt has been obtained in accordance with the
:54 procedures and requirements of Article I of this Chapter. If any conflict exists between the
:55 requirements in this Section and other sections in this Article or other articles and Chapters of
:56 the Land Development Regulations, the requirements of this Article shall prevail. This
:57 includes single-family dwellings (attached and detached), two-family dwellings, individual
:58 multi-family dwellings including condominiums, and mobile homes.
:59 The approval requirements are as follows:
:60 (a) Submittal of a complete and separate application for each unit subject to the
:61 requirements of this article;
:62
:63 (b) Payment of non-refundable application fees for an STR as follows (see Section 13-
:64 4 of this chapter for other residential rental fees);
:65 (1) Initial application fee (includes first City inspection): $525.00
:66 (2) Renewal application fee (includes first City inspection): $325.00
:67 (3) Reinspection fee: $100.00
:68
:69 (c) Submittal of an affidavit of compliance with all requirements herein endorsed by
:70 both the property owner and Local Responsible Party;
:71
:72 (d) Annual renewal of the approval in accordance with the requirements of this
:73 Article and Article I, except that where a discrepancy exists in any procedural
:74 requirement, the requirements of this Article shall prevail;
:75
{,10
:76 (e) Submittal of a detailed, neatly drawn and legible sketch of the rental property
:77 including floor plan and site plan indicating but not limited to number of and size of
:78 bedrooms, swimming pool and what represents the required safety barrier, storage
:79 areas for waste and an recreational vehicles .arkin. s.aces marked on the drawin.
:80 and measured to indicate compliance with minimum requirements;
:81
:82 (f) A new application is required when any of the following changes are proposed
:83 to an approved application:
:84 (1) A change in the gross square footage;
:85 (2) A change in the number of bedrooms;
:86 (3) A change in the maximum occupancy;
:87 (4)_ A change in the number and/or location of parking spaces; and
:88 (5) A change in ownership of the property.
:89
:90 Upon completion of the changes or alterations to the property the owner shall notify
:91 the city within ten (10) days of completion. A new Certificate of Use and
:92 Occupancy/Business Tax Receipt may be issued if the conditions of this Section have
:93 been met and all required permits have been issued for the changes or alterations.
:94 Additional fees may apply in accordance with Section 13-4 of this chapter.
:95 (g) A STR approved by the City to operate as a residential rental prior to the adoption of
:96 these regulations cannot be automatically renewed. A new application must be filed
:97 and be reviewed and processed in accordance with all applicable requirements of this
:98 Article as well as Article I.
:99
00 {#}(h) The application for an STR shall include a fully executed agreement with the City of
01 Boynton Beach Police Department authorizing police officers to address trespassing
02 matters on behalf of the property owner.
403
04 Section 13-95. Technical and Operational Requirements and Restrictions Applicable to
05 both Standard Residential Rentals and Short-Term Rentals.
06 (a) Minimum Life/Safety Requirements:
07 (1) A swimming pool, spa or hot tub shall comply with the current standards of the
08 Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.
09 (2) All dwelling units shall meet the current minimum requirements of the Florida
10 Building Code.
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11 (3) A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be
12 installed, inspected and maintained in accordance with NFPA 10 on each
13 floor/level of the unit. The extinguisher(s) shall be installed on the wall in an
14 open common area or in an enclosed space with appropriate markings visibly
15 showing the location.
416
17 (b) At all times all automobiles shall be parked in an approved off-street parking space
18 or driveway on the property. The parking of automobiles on a swale, lawn, landscape
19 area, within the public right-of-way or sidewalk is prohibited.An exception for
20 parking in the right-of-way will be made when spaces are marked for on-street
21 parking. However, no parking in the right-of-way is permitted over-night. For a
22 description of over-night hours, see subparagraph (b)(2) below.
23 (c) Solid waste handling and containment. Waste handling shall adhere to the
24 requirements of Chapter 10, Article II, of the Code of Ordinances.
25 (d) To benefit the safety of, and maximize compliance with rules and standards by the
26 tenants, the rental unit shall include a posting of these requirements clearly visible to
27 the tenants.
28 (e) Whole unit rental required. Rentals shall be leased as a whole to a guest or guest
29 party. In no event may an individual sleeping room be offered for rent. However,
30 this standard would not prevent an owner who resides on the property from leasing
31 a portion of the unit, or from leasing additional units that are approved or
32 recognized as pre-existing on the property (e.g. an accessory dwelling unit).
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.
37 (g) Rental property must be maintained in compliance with all applicable standards
38 contained within the Code of Ordinances and the Land Development Code of the
439 City.
40 (h) It is unlawful for Rental Housing to be occupied by a sexual offender or sexual
41 predator if so determined pursuant to Chapter 15, Article X of the Code of
42 Ordinances.
443 (i) It shall be unlawful for any person to obtain a Business Tax Receipt for another
44 business while the property is approved for any unit subject to this Article. Therefore,
445 no one shall engage in any commercial or non-residential activity at a rental. Such
46 commercial and/or non-residential activities are generally described as the
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447 manufacturing, storing, distribution, or repair of merchandise; allowing employees,
448 clients, or customers on the premises for the purpose of engaging in activities as
449 clients or customers; use of the property address to advertise the premises other
50 than for its intended use as rental housing; posting or displaying signs on the
51 premises which indicate the premises are being used for a use other than its
52 intended use as rental housing; and using the property in any way that would be
53 recognized from the street or abutting properties as a deviation of its intended
54 residential use.
55 (,j) There shall be posted at a prominent location near the entrance to the unit the
56 following information:
57 (1) The property address;
58 (2) Contact information for Local Responsible Party include name, address, phone
459 number, and email address;
60 (3) The maximum occupancy of the unit, differentiating between registered guests
61 and visitors;
62 (4) The maximum number of approved vehicles, and a copy of the detail site plan
63 showing approved parking spaces for vehicles;
64 (5) Rules applicable to waste management, including garbage and trash containers
65 to be used, requirements for storage and screening, and the periods of time
66 containers can be kept curbside;
67 (6) The location of the nearest hospital and police station including the 911
68 emergency number and non-emergency number;
69 (7) A legible copy of the rental Business Tax Receipt and Certificate of Use &
70 Occupancy; and
71 (81 A legible copy of this Chapter.
472
473 Section 13-96. Technical and Operational Requirements and Restrictions Only
74 Applicable to Short-Term Rentals.
475
76 (a) Maximum occupancy:
477 (1) Overnight occupancy at any rental unit shall be limited to two (2) persons per
78 sleeping room plus two persons, up to a maximum of ten (10) persons in a unit,
79 and maintain compliance with the occupancy limitations located within Chapter
80 10, Article IX, Section 10-57. The number of sleeping rooms, minimum size of
„13
81 sleeping rooms and/or maximum guests will be confirmed by a City inspector;
82 (2) The maximum number of individuals allowed to gather at a STR shall not exceed
83 one and one-half(1 1/2) times the maximum occupants registered at the
84 property, as shown on the Certificate of Use and Occupancy, and in no event
85 shall a gathering exceed 15 persons, regardless of the number of bedrooms;
86 (3) The tabulation of maximum occupancy limits in this subsection shall exclude a
87 maximum of four (4) persons under the age of 10;
88 (4) When any registered guest at a STR is under the age of 21, there must be
89 present at all times a registered guest at least 25 years old; and
90 (b) Emergency lighting. Hard wired emergency lighting shall be installed at the primary
91 ingress and egress of each inhabitable structure on the STR property.
92 (c) Performance of Local Responsible Party.In addition to the requirements of Chapter
93 13, Article I, the Local Responsible Party shall be responsible for ensuring
94 compliance with all requirements and standards related to the Short-Term Rental, as
495 well as the following:
96 (1) Posting of the occupant information as required by this Article;
97 (2) Receiving service of any violation of this Chapter;
98 (3) Visiting the rental dwelling unit at least weekly to ensure continued compliance
99 with at minimum, the property maintenance requirements of this Chapter and
.00 other applicable standards within the Code of Ordinances; and
.01 (4) Acting as the designated contact for responding to complaints made by
.02 neighbors against the rental tenants;
.03 (d) Advertising. Any advertising of the STR shall conform to information included in the
.04 Certificate of Use and Occupancy, particularly as this pertains to maximum
.05 occupancy. Reference to the approved Certificate of Use and Occupancy shall be
.06 included in all advertising. Additionally, the property owner or designated
.07 representative of the STR shall have a continuing obligation to provide to the City
.08 with all venues and websites in which the unit is listed.
.09 (el Annual renewal of the STR requires the passing of a new inspection by City staff.
.10 (a)(f) A fully executed agreement with the City of Boynton Beach authorizing
.11 police officers to address trespass matters on behalf of the property owner.
512
513
1514
{}14
.15 Section 13-97. Penalties, Offenses, and Suspension.
.16 The processing of violations against this Chapter is in accordance with Part II, Code of
.17 Ordinances, Chapter 2, Article V. However, based on the purpose statement within Section
.18 13-90, the following requirements applicable to Short-Term Rentals also apply, which will
•19 prevail if in conflict with Section 13-90 or other Chapters of the Code of Ordinances:
.20 (a) Enforcement of the Code and Ordinances; Penalties.
.21 (1) Any Certificate of Use and Occupancy requested or issued pursuant
.22 to this Section may be denied, revoked, or suspended by the Development
.23 Director or his/her designee upon the adjudication of a violation of this Section,
.24 any City ordinance, or state law by the responsible party, property owner or
.25 transient occupant attributable to the property for which the certificate of use
.26 is issued. Such denial, revocation or suspension is in addition to any penalty
.27 provided herein.
.28 (b) Offenses/violations.
.29 (1) Non-compliance with any provision of this Section shall constitute a violation of
.30 this Section.
.31 (2) Separate violations. Each day a violation exists shall constitute a separate and
.32 distinct violation, except that violations regarding maximum occupancy, shall
.33 constitute a single violation for a rental period.
.34 (c) Remedies/enforcement.
.35 (1) The Community Standards Division will act in accordance with Chapter 2, Article
.36 V of the Code of Ordinances. However, any such fines imposed pursuant to
.37 this Section shall not be subject to reduction by the Special Magistrate.
.38 (2) The City Commission of the City of Boynton Beach hereby declares maximum
.39 occupancy violations and nonresidential and commercial use of property
.40 violations of this Code to be irreparable or irreversible in nature and therefore,
.41 the Special Magistrate of the City of Boynton Beach shall have the authority
.42 to issue fines up to $15,000 per violation.
•43 (3) Additional remedies. Nothing contained herein shall prevent the City from
.44 seeking all other available remedies which may include, but not be limited to,
.45 suspension or revocation of a STR Certificate of Use and Occupancy/Business
.46 Tax Receipt, injunctive relief, liens and other civil and criminal penalties
.47 provided by law, as well as referral to other enforcing agencies.
.48 (d) Suspension. In addition to any fines and any other remedies described herein or
.49 provided for by law, Development Director or his/her designee may suspend a STR
.50 Certificate of Use and Occupancy/Business Tax Receipt in accordance with the
015
.51 following:
.52 (1) Suspension time frames (for violations occurring within 12 consecutive months):
.53 a. Upon a second violation of this Section - up to a period of thirty (30)
.54 calendar days.
.55 b. Upon a third violation of this Section - up to a period of one hundred
.56 eighty (180) calendar days.
.57 c. Upon a fourth violation of this Section- up to a period of three hundred
.58 sixty-five (365) calendar days.
.59 d. For each additional violation of this Section -an additional thirty (30)
.60 calendar days (i.e. a total of 395 days).
.61 e. A short-term rental Certificate of Use and Occupancy shall be subject to
.62 temporary suspension beginning five (5) working days after a citation or
.63 notice of violation is issued for a violation of the Florida Building Code,
.64 or Florida Fire Prevention Code. Such suspension shall remain in place
.65 until the STR is re-inspected and it is determined by the City that the
.66 violation no longer exists.
.67
.68 (2) Suspension restrictions. A STR shall not be rented during any
.69 suspension period.
.70 a. The suspension shall begin immediately following notice of suspension,
.71 commencing either:
.72 1 _ at the end of the current rental lease period; or
.73 2 within thirty (30) calendar days, whichever date commences
.74 earlier, or as otherwise determined by the special magistrate.
•75
.76 b. Operation during any period of suspension shall be deemed a violation
.77 pursuant to this Section and shall be subject to daily fine, up to one
.78 thousand dollars ($1,000.00) or to the maximum amount as otherwise
.79 provided in Florida Statutes for repeat violations, for each day that the
.80 rental operates during a period of violation.
.81
.82 c. An application for a renewal shall not be submitted during the period of
.83 suspension.
.84 (3) Appeal. All appeals of suspensions shall be to the Special Magistrate in
1116
.85 accordance with Chapter 2, Article V of the Code of Ordinances.
.86
.87 (e) Revocation. A STR Certificate of Use and Occupancy/Business Tax Receipt may be
.88 revoked when more than two of the violations occur within 12 consecutive months
.89 that involve the maximum persons standards, the lack of presence of a supervising
.90 adult, or advertising/promoting the STR inconsistent with rules and standards of this
.91 Article. Revocation action can also be taken by the City for a single offense involving
.92 a felony or misdemeanor charge, if the action occurred on the subject property, and
.93 resulted in injury to an occupant or a visitor to the property, or involved a drug-
.94 related charge. All appeals of revocations shall be to the Special Magistrate in
.95 accordance with Chapter 2, Article V of the Code of Ordinances. The subject
.96 property is not eligible for STR approval for 12 months following the revocation
.97 action.
.98 (f) Enforcement. The provisions of this Section shall be enforced as provided in
.99 Chapter 2, Article V of the Code of Ordinances.
600
601 Section 4. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses", Article V,
602 "Rental Dwelling Units shall be renumbered and renamed as follows:
603
1604 ARTICLE VI. RESIDENTIAL NOTICE AND TENANT'S BILL OF RIGHTS
605
606 DIVISION 1.APPLICABILITY AND DEFINITIONS
607
1608 Sec. 13-928. Title.
609 ...
610
1611 Sec. 13-939. Applicability.
612 ...
613
1614 Sec. 13-94100. Definitions.
615 ...
616
617 DIVISION 2. RENTAL NOTICES
618
19 Sec. 13-96101. Required written notice of termination of monthly residential tenancy
620 without specific duration.
621 ...
622
�23 Sec. 13-96102. Required written notice of rental payment increases for residential
624 tenancies.
{,17
625 ...
626
627 DIVISION 3. TENANT' S BILL OF RIGHTS AND NOTICE OF LATE FEES
628
29 Sec. 13-W103. Tenant's Bill of Rights; Landlord Notice Requirements.
630 ...
631
32 Sec. 13-98104. Late Fee Notices; Landlord Requirements.
633 ...
634
635 DIVISION 4. ENFORCEMENT
636
37 Sec. 13-99105. Enforcement.
638
639 Section 5. Each and every other provision of the City's Code of Ordinances not herein
640 specifically amended, shall remain in full force and effect as originally adopted.
641 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with
642 any provisions of this ordinance are hereby repealed.
643 Section 7. Should any section or provision of this Ordinance or any portion thereof be
644 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
645 remainder of this Ordinance.
646 Section 8. Authority is hereby given to codify this Ordinance.
647 Section 9. This Ordinance shall become effective as of October 1, 2023.
648 FIRST READING this 6th day of June, 2023.
649
650 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
651
„18
652 SECOND, FINAL READING AND PASSAGE this 18th day of July, 2023.
653
654 CITY OF BOYNTON BEACH, FLORIDA
655 YES NO
656
/
657 Mayor—Ty Penserga
658 t/
659 Vice Mayor—Thomas Turkin
660 t,
661 Commissioner—Angela Cruz
662 / •
663 Commissioner—Woodrow L. Hay ✓
664 V
665 Commissioner—Aimee Kelley
666
667 VOTE 5'0
668 A - :
669
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671 Mayle: De sus, MPA, CTy Pe ;-aha
672 City Clerk Iff May.
673
674 ---������ A PP VED AS TVOR •
675 (Corporate Seal) �0`INTO/�eA�‘1
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676 0�.,0�` C -le
677
678 5::`N,olvoR�E� ' Michael D. Cirullo,Jr.
679 (I '...0,; 192 City Attorney
680 �'� ..
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681 �'�� FLOR' Y
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