§ 2.06.12. Rental units.

(1)

Applicability. This section shall be applicable to the rental of all dwelling units within the City of Flagler Beach, but shall not apply to hotels, motels, resorts, long-term rentals, or bed and breakfast inns as defined in F.S. § 509.242. This section shall not be taken to authorize the establishment or operation of resort dwellings.

(2)

Resort dwellings and resort condominiums not permitted uses within single-family residential districts, low density residential, medium density residential and planned unit development districts.

(a)

It is not a permitted use for an owner to operate a resort dwelling or resort condominium in a single-family residential, low density residential, medium density residential or planned unit development zoning district.

(b)

Owners of a single-family dwelling or condominium located within a single-family residential, low density residential, medium density residential or planned unit development zoning district that establish such dwelling or condominium has been operated as a resort dwelling or resort condominium during the period between January 1, 2006 and the effective date of Ordinance 2008-08 shall be allowed to continue such use in a manner consistent with the provisions of Appendix A, Article II, Section 2.06.08.5, of this Code. The city shall accept as evidence of use of a single-family dwelling or condominium as a resort dwelling or resort condominium that the owner filed a proper application with the State of Florida pursuant to F.S. ch. 509, or filed a proper application form for a local business tax receipt with the City of Flagler Beach for operation of the property as a resort dwelling or resort condominium prior to the effective date of Ordinance 2008-08. For purposes of this section, use of a resort dwelling or resort condominium as a long-term rental shall not constitute an abandonment of the nonconforming use provided that all licenses and permits required to operate the rental property as a resort dwelling or resort condominium (including any license required by the State of Florida, a local business tax receipt and a resort dwelling/resort condominium rental permit) are kept current and up to date during the period in which the rental property is used as a long-term rental.

(3)

Local business tax receipt required. After the effective date of Ordinance 2008-08, all owners who operate a resort dwelling or resort condominium shall obtain a local business tax receipt as provided in Chapter 18, Taxation, prior to entering any new rental agreement for the resort dwelling or resort condominium.

(4)

Rental permit required.

(a)

All owners who operate a resort dwelling or resort condominium shall obtain a resort dwelling/resort condominium rental permit from the City of Flagler Beach.

(b)

A resort dwelling/resort condominium rental permit shall apply from October 1 of each year and shall expire on September 30 of the succeeding year.

(c)

The city commission may, by resolution, adopt an application fee to be paid upon application for a resort dwelling/resort condominium rental permit.

(d)

At the time of applying for a resort dwelling/resort condominium rental permit, the owner of the resort dwelling or resort condominium shall provide in writing to the city the name, local street address and local phone number of a local contact or representative who is available twenty-four (24) hours a day, seven (7) days a week for emergency contact. Within ten (10) days of any change to the name, local address or local phone number of the local contact or representative, the owner shall notify the city in writing of such change and provide updated information. The name and local phone number of the local representative shall also be posted at the property for emergency contact.

(e)

At the time an initial application for a resort dwelling/resort condominium rental permit is submitted to the city, the city shall schedule an inspection of the rental property by the fire marshal or his designee. The city shall also provide the owner with a resort dwelling compliance regulations worksheet. Within thirty (30) days prior to the date a resort dwelling/resort condominium rental permit expires, each owner shall perform an annual self-inspection of the rental property and complete the compliance regulations worksheet. The completed compliance worksheet shall be provided to the city upon application for a renewal of the resort dwelling/resort condominium rental permit.

(f)

Upon application for a resort dwelling/resort condominium rental permit, the city shall provide the owner with a notice of minimum applicable standards. The notice shall include information regarding property standards and city codes applicable to all residential and commercial structures within the City of Flagler Beach. At a minimum, the notice of minimum applicable standards shall include a description of all ordinances, regulations and requirements regarding housing, development standards, noise, parking, dune protection, turtle nesting season, littering and trash collection. The owner shall sign the notice of minimum applicable standards, acknowledging receipt of the notice and certifying that the owner shall comply with all requirements mandated by this section and the Code of Ordinances. A copy of the notice minimum applicable standards signed by the owner of the rental property shall be submitted to the city prior to the issuance of a resort dwelling/resort condominium rental permit.

(5)

Restrictions and regulations applicable to resort dwellings and resort condominiums.

(a)

No resort dwelling or resort condominium shall be rented for a period of fewer than seven (7) days.

(b)

The total number of guests in any resort dwelling or resort condominium shall be limited to two (2) people per bedroom with an additional allowance for up to two (2) people per sleeper sofa not to exceed a total of four (4) additional people.

(c)

The notice of minimum applicable standards provided by the City of Flagler Beach shall be maintained within the rental property at all times.

(d)

A copy of the most recent compliance worksheet shall be maintained in the rental property at all times.

(e)

The property owner shall ensure that any notification provided by the City of Flagler Beach and its staff to the local representative designated by the owner pursuant to this section is promptly responded to.

(f)

Upon written request by the city's code enforcement department based on any complaint received by the code enforcement department, the property owner shall schedule and allow inspection of the rental property by the city's code enforcement officer.

(6)

Penalties. Failure to obtain or maintain a local business tax receipt, failure to obtain or maintain a resort dwelling/resort condominium rental permit or failure to maintain a property in compliance with all code requirements, including the provisions of this section, shall subject the violator to enforcement proceedings and penalties in accordance with city code and Florida Statutes.

(7)

Denial of resort dwelling/resort condominium rental permit. In addition to the enforcement proceedings and penalties provided by this Code, failure to comply with the provisions of this section shall be considered just cause for denial of the issuance of a resort dwelling/resort condominium rental permit for the subject property in accordance with the procedure set forth in this section. Prior to the denial, the city manager or his designee shall issue a denial notifying the applicant of the city's intent to deny. The notice shall be sent certified mail, return receipt requested, to the last known address for the applicant. Within ten (10) calendar days from the date of mailing of said notice, the resort dwelling/resort condominium rental permit shall be automatically denied, unless the applicant files with the city manager or his designee a written statement setting forth the grounds for an appeal. Upon the filing of such written statement, the city manager or his designee shall schedule and conduct a hearing before the special magistrate or code enforcement board within thirty (30) days from the date the written statement was filed. The applicant shall be given notice of the hearing by certified mail, return receipt requested, and shall have the opportunity to present evidence, cross examine witnesses and be represented by counsel. The city shall have the burden of proof by clear and convincing evidence presented at the hearing. Within ten (10) calendar days of the hearing, the city manager or his designee shall send by certified mail, return receipt requested, the written decision of the special magistrate or code enforcement board to the applicant. The written decision of the special magistrate or code enforcement board shall contain a short and plain statement of the facts considered and the conclusions at which were arrived. The decision shall become final within thirty (30) days of the date the city manager or his designee mails the written decision of the special magistrate or code enforcement board to the applicant unless the applicant files a petition for writ of certiorari in the Circuit Court for Flagler County. The filing of a pleading seeking judicial review shall automatically stay the denial until judicial review has been exhausted unless the city obtains injunctive relief. Any applicant who has had a resort dwelling/resort condominium rental permit denied under this section or other city codes shall not be eligible to submit a renewal application in the city relating to the same property.

(Ord. No. 2008-08, § 5, 10-16-08; Ord. No. 2009-13, § 10, 8-6-09; Ord. No. 2011-13, § 1, 8-25-11)