HomeMy WebLinkAboutDocumentation_Regular_Tab 16_6/9/2022Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jun 09 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 09-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. ARTICLE I. IN GENERAL, SEC. 78-4. DEFINITIONS. BY CREATING A NEW
DEFINITION FOR "VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE AND
APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. BY CREATING AN ENTIRELY NEW ARTICLE XIV, "VACATION RENTALS"
TO PROVIDE STATUTORILY COMPLIANT REGULATIONS FOR THE OPERATION OF VACATION
RENTALS IN THE VILLAGE OF TEQUESTA; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
4RY:
The proposed ordinance is back before the Village Council for first reading following its original first
reading in April. Following further review in the Building Department, a number of procedural edits
have been made in order to facilitate staff being able to manage the new process as efficiently as
possible. Out of an abundance of caution, based on the edits that were made since April, the proposed
ordinance is back before the Village Council for First Reading again, now in its current revised form.
The ordinance accomplishes the same goals as the version presented to the Village Council in April,
but the administrative process and application / permitting requirements have been edited at the
suggestion of the Building Department which will be ultimately responsible for that process.
It is contemplated that a resolution with a revised fee schedule that provides for registration and
inspection fees will be presented to the Village Council in conjunction with Second Reading in July.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
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Motion, second, discussion and adoption on First Reading.
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Agenda Item #16.
Teguesta Vacation Rentals Ordinance FIRST READING June 2022
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Agenda Item #16.
First Reading June 9, 2022
ORDINANCE NO. 09-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL,
SEC. 78-4. DEFINITIONS. BY CREATING A NEW DEFINITION FOR
"VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE AND
APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE CODE
OF ORDINANCES AT CHAPTER 78. ZONING. BY CREATING AN
ENTIRELY NEW ARTICLE XIV, "VACATION RENTALS" TO PROVIDE
STATUTORILY COMPLIANT REGULATIONS FOR THE OPERATION
OF VACATION RENTALS IN THE VILLAGE OF TEQUESTA;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
WHEREAS, Chapter 509 Florida Statutes regulates public lodging
establishments as either transient public lodging establishment or non -transient public
lodging establishment; and
WHEREAS, in 2011, through the enactment of Chapter 2011-119, Laws of
Florida, the Florida Legislature created a new classification of transient public lodging
establishment known as "vacation rentals" that is defined in Section 509.242(c), Florida
Statutes, as "any unit or group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, three-family, or four -family
house or dwelling unit that is also a transient public lodging establishment but that is not
a timeshare project."; and
WHEREAS, Section 509.032(7), Florida Statutes, provides that any local laws,
ordinances, or regulations enacted after June 1, 2011 may not prohibit vacation rentals
or regulate the duration and frequency of rental of vacation rentals, effectively
preempting the local regulation of vacation rentals with respect to duration and
frequency of the rentals, but allowing other local regulation; and
WHEREAS, unregulated vacation rentals located within established
neighborhoods can disturb the quiet enjoyment of the neighborhood and create
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numerous secondary impacts, including excessive noise, traffic, on -street parking, and
a greater demand on public services; and
WHEREAS, traditional transient lodging establishments (e.g. hotels and motels)
are typically restricted to commercial and other non -residentially zoned areas where
intensity of use is separated from less busy and quieter residential uses, but vacation
rentals are by their nature and definition, located in residentially zoned areas; and
WHEREAS, like many other municipalities throughout the State of Florida, the
Village of Tequesta desires to impose standards upon vacation rentals both to provide
for the safety and welfare of occupants of such vacation rentals, but equally as
important, to minimize negative impacts caused by vacation rentals in residential areas,
and especially in established single-family neighborhoods; and
WHEREAS, the Village Council of the Village of Tequesta believes the
enactment of land development regulations applicable to vacation rentals is necessary
to preserve the integrity of residential areas and neighborhoods and corresponding
property values, while also protecting the health, safety and welfare of residents,
property owners, investors and transient occupants of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 78. Zoning of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article I. In General. Sec. 78-4. Definitions. by creating
a definition for "Vacation rental" to correspond with Village code and applicable state
law.
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise
specified, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning. All words used in the present tense
include the future; all words in the singular number include the plural and the plural the
singular. The word "building" includes the word "structure." The word "shall" is
mandatory. The word "person" includes a firm, corporation or municipal corporation as
well as a natural person. The word "map" shall mean the official zoning map of the
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village. The term "council" shall mean the Council of the Village of Tequesta and the
word "village" shall mean the Village of Tequesta, a municipal corporation of the State
of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Vacation rental means any unit or croup of units in a condominium or cooperative
or any individually or collectively owned single-family, two-family, or multiple -family
house or dwelling unit that is also a transient public lodging establishment as defined in
F.S. § 509.013, and is located in an area zoned R1-A, R-1, R-2, or R-3 but that is not a
timeshare project. Vacation rental use does not include hotels, motels, and RV spaces.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended to create an entirely new Article XIV, "Vacation Rentals" to
provide state law compliant local regulations for vacation rentals in the Village of
Tequesta; providing that Chapter 78, Article XIV. Vacation Rentals. shall hereafter read
as follows:
Secs. 78-885-78-889. Reserved.
ARTICLE XIV. VACATION RENTALS
Sec. 78-890. Vacation rental permit required.
It shall be unlawful for any person or entity to operate or occupy a residential
Droperty that is a single-family, two-family, or multiple -family house or dwelling unit as a
vacation rental within the village, or offer such property for rent as a vacation rental
within the village, unless the person or entity has registered such property with the
village by obtaining a vacation rental permit in accordance with the requirements of this
article. Separate permits are required for each individual vacation rental unit. All
vacation rental permits shall be renewed annually and shall be considered delinquent if
not renewed by September 30 of each )tear.
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Sec. 78-891. Vacation rental permit application.
Every vacation rental owner or operator shall register with the Village by
submitting to the building department a completed vacation rental permit application in a
form promulgated by the village, together with registration and inspection fees in
amounts established by resolution of the village council, which amounts maybe
amended from time to time. A separate permit application form with separate
registration and inspection fees shall be required for each vacation rental unit.
La)Permit application. A complete vacation rental permit application form shall
include the following:
W Property Card printout from Palm Beach County Property Appraiser
database;
2 Current Transient Public Lodging Establishment license issued by
the Florida Department of Business and Professional Regulation;
3 Current Certificate of Registration with the Florida Department of
Revenue for remittance of applicable state taxes;
4 Current Palm Beach County business tax receipt,
5 Total number of sleeping rooms at the vacation rental unit;
maximum number of guests that can stay overnight at the vacation
rental unit at one time (maximum occupancy is eight (8) in four (4)
or more sleeping rooms;
kW Maximum number of individuals that may gather at or occupy
vacation rental unit DroDerty at one time (maximum number of
individuals Dermissible is one and one-half (1 �/2) times the
maximum occupants authorized to stay overnight at the vacation
rental unit, and in no case more than twelve (12) individuals);
7 Homeowners or property owners association approval to operate
the vacation rental unit, if applicable;
8 Floorplan of the vacation rental unit which includes stairways,
hallways, bedrooms, exists, and which identifies all fire
extinguisher locations;
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k9jSite survey which includes the residential unit,
any swimming
.
pools, hot tubs, spas, and fencing..
10 A copy of a sample lease agreement;
11 A completed vacation rental responsible party designation, in the
format prescribed by the village, which includes
the information
required by Sec. 78-892 below; and
12 Proof that the vacation rental has satisfied
the inspection
requirements as provided in Sec. 78-894 of this Code.
LbjModification of permit. An application for modification of a
vacation rental
permit shall be required in the event that any of the following
changes to the
vacation rental are proposed:
1 An increase in the gross square footage;
2 An increase in the number of bedrooms;
3 An increase in the maximum occupancy;
kQAn increase in the number of parking spaces, or a chance in the
location of parking spaces;
5 An increase in the number of bathrooms;
kWAny other material modifications that would increase the intensity of
Uc Duration of permit. A vacation rental permit issued under this article shall
expire each September 30 and may be annually renewed thereafter if the
property is in compliance with this article.
fMRenewal of permit. A vacation rental permit renewal shall be completed by
September 30 of each year, through the execution of a renewal affidavit, in
the format prescribed by the village, and the payment of the renewal fee as
_—
established by the village. A property owner may apply for renewal of a
vacation rental permit beainnina Julv 1 prior to the expiration of the annual
license.
Lej Incomplete permit application/renewal. If the permit application or renewal
form submitted pursuant to this article is incomplete, the applicant shall be
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informed of such deficiency and shall have ten days to correct the
deficiency.
�f Non -transferability and non -assignability of permit. Vacation rental permits
issued under this article are non-transferrable and non -assignable. If the
ownership of any vacation rental property is sold or otherwise transferred,
the new owner is required to apply for new permits.
Lq) Permit application or renewal fees. The village charges reasonable
administrative fees to process a vacation rental permit application or
renewal, the amount of which shall be established by resolution of the
village council. Fees are non-refundable.
kW False or misleading information. It shall be unlawful for any person to give
false or misleading information in connection with any application for,
modification, or renewal of a vacation rental permit as required by this
article. Vacation rental permit applications shall be sworn to under penalty of
periury. Any false statements made in an application shall be a basis for the
revocation of any permit issued pursuant to such application.
Sec. 78-892. - Vacation rental responsible party.
Every permitted vacation rental under this article must designate a responsible
party to respond to routine inspections as well as non -routine complaints and any
other problems related to the operation of the vacation rental. The property owner may
serve in this capacity or shall otherwise designate another person 18 vears or older to
perform the following duties:
Ua Be available by telephone at the listed phone number 24 hours per day,
seven days per week and be capable of handling any issues relating to the
operation of the vacation rental;
LbjIf required, be willing and able to return to the vacation rental within 60
minutes following notification from a vacation rental occupant, law
enforcement officer, emergency personnel, or the village to address any
issues relating to the operation of the vacation rental;
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Lc)Maintain a record of all lease/rental agreements for the vacation rental, as
well as a record of all guests of the vacation rental. Both of these records
shall be available for inspection upon request;
JMReceive service of any legal notice on behalf of vacation rental owners or
operators for violation of the requirements set forth in this article; and
Lej Conduct an on -site inspection of the vacation rental at the end of each rental
period to ensure continued compliance with the requirements of this article.
Sec. 78-893. - Vacation rental standards.
No Gerson or entitv shall own or operate a vacation rental within the villaae
unless such vacation rental complies with the following standards:
Lal Minimum life/safety requirements:
W Swimming pool, sna and hot tub safety. A swimming pool, spa or hot tub
shall comply with the current standards of the Residential Swimming
Pool Safety Act, as set forth in F.S. Ch. 515.
Q Smoke and carbon monoxide (CO) detection and notification
system. Each vacation rental unit must be outfitted with an
operational smoke and carbon monoxide (CO) detection notification
system. Every smoke and carbon monoxide (CO) detection
notification system must be hard -wired, -or have a sealed 10-year
battery. A smoke alarm shall be installed in each sleeping room. A
carbon monoxide alarm shall be installed outside each sleeping
room and adjacent to the garage door. All smoke and carbon
monoxide alarms shall be interconnected.
Q Fire extinguisher. 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 dwelling 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.
kQLocal j"ehone service. At least one (1) landline telephone with the
ability to call 911 shall be available in the main level common area in the
vacation rental.
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k�5) Secondary means of escape. Every sleeping room and living area shall
have a secondary means of escape. It shall be a minimum of one
doorway or one window directly to the exterior. The window hall have a
clear opening compliance with the following:
a. Clear width shall be no less than 20 inches.
b. Clear height shall be no less than 24 inches.
c. Opening shall be no less than 5.7 square feet.
d. Opening shall be no more than 44 inches above the floor.
Lb)Maximum occuaancv:
1 Each vacation rental dwelling unit shall comply with the occupancy
limitations set forth in the 'Light, Ventilation, and OccuDancy Limitations'
referenced in Appendix B of the Code of Ordinances, provided however
that:
a. The maximum number of transient occupants authorized to stay
overnight at any vacation rental unit shall be limited to two Q
persons per sleeping room, and a maximum total occupancy of
eight (8) individuals in four (4) or more sleeping rooms. The
number of sleeping rooms shall be confirmed by on -site inspection
by a representative of the village, and
b. The maximum number of persons allowed to gather at or occupy a
vacation rental shall not exceed one and one-half (1 1/2) times the
maximum occupants authorized to stay overnight at that site, as
shown on the vacation permit application, and in no event shall a
gathering exceed twelve (12) individuals.
Uc Solid waste handling and containment. Solid waste and recycling collection
services shall be provided pursuant to Chapter 74, Article III of the Code of
Ordinances. For purposes of this section, a solid waste or recycling container
shall not be placed at curbside before 6:00 p.m. of the day prior to solid waste
pickup, and each solid waste or recycling container shall be removed from
curbside before midnight of the day of pickup.
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kMDesianation of resaonsible party. Each vacation rental owner or operator shall
designate a responsible party capable of meeting the duties provided in Sec. 78-
UeRental or lease aareement reauirements:
W There shall be a written or online lease, rental, tenant or other recorded
agreement memorializing each vacation rental tenancy between the
owner/ operator or its responsible party and the occupant(s). The
agreement shall, at a minimum, contain the followinaL information:
a. The maximum number of occupants for the unit as specified in
subsection (b) above;
b. The number of parking spaces associated with the vacation rental
property or dwelling unit, if applicable, and a sketch or photograph
showing the location of such spaces;
c. The names and aces of all persons who will be occupying the
property or unit;
d. The dates of such occupancy; and
e. A statement that all occupants must evacuate from the vacation
rental following any evacuation order issued by local, state or
federal authorities.
Q The village reserves the right to request and receive a copy of any
vacation rental lease or rental aareement from the owner/operator or
responsible party at any time.
�f Vacation rental unit posting reauirements.
W The vacation rental unit shall be aosted with the following information next
to the main entrance door:
a. The name, address and telephone number of the vacation rental
responsible party;
b. The days and times of solid waste & recycling pick up and a
notification that all garbage or trash must be placed in a garbage or
trash can or other approved solid waste receptacle and that all
recvclables must be placed in approved recyclable containers;
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c. The location of the nearest hospital; and
d. The location of designated parking spaces/areas, if applicable-
Q There shall also be Dosted, next to the interior door of each bedroom, a
building evacuation map (at least 81/2 inches by 11 inches).
Lq) Other regulations. Vacation rentals must comply with all other regulations,
standards and requirements set forth in the village Code of Ordinances,
including, but not limited to, the requirements of Chapter 10 (Animals), Chapter
14 (Buildings and Building Regulations), Chapter 30 (Environmental Control;
Nuisances), Chapter 46 (Motor Vehicles and Traffic), Chapter 54 (Offenses), and
Chapter 78 (Zoning).
Sec. 78-894. — Initial and subsequent compliance inspections of vacation rentals.
La)Initial inspection. An initial inspection of the vacation rental by a Village code
inspector and/or building department personnel, for compliance with this article is
required prior to the issuance of a vacation rental permit. If violations are found,
all violations must be corrected, and the property or dwelling unit must be re-
inspected prior to issuance of the vacation rental permit as provided herein.
M Subseauent inspections. Once issued, a vacation rental must be properly
maintained in accordance with the vacation rental standards herein and will be
re -inspected annually. For an inspection, all violations must be corrected and
re -inspected within thirty (30) calendar days. Failure to correct such inspection
deficiencies in the timeframes provided shall result in the suspension of the
vacation rental permit until such time as the violations are corrected and re-
inspected.
Uc Inspection appointments. The inspections shall be made by appointment with
the vacation rental responsible party. If the inspector has made an appointment
with the responsible party to complete an inspection, and the responsible party
fails to admit the officer at the scheduled time, the owner shall be charged a "no
r--
show" fee in an amount established by resolution of the village council to cover
the inspection expense incurred by the village.
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kMNotice of failure of insaections. If the inspector(s) is denied admittance by the
vacation rental responsible party or if the inspector fails in at least three (3)
attempts to complete an initial or subsequent inspection of the rental unit, the
inspector(s) shall provide notice of failure of inspection to the owner to the
address shown on the existing vacation rental application or permit.
W For an initial inspection, the notice of failure of inspection results in the
vacation rental permit not being issued; the vacation rental is not
permitted to operate without a valid permit.
24 For a subsequent inspection, the notice of failure of inspection is
considered a violation and is subject to enforcement remedies as
provided herein.
Sec. 78-895. — Prohibitions; evidence of unlawful vacation rental operation.
a) It shall be unlawful for any person or entity to rent, lease, advertise or hold out
for rent any property or dwellina unit for vacation rental use without a vacation
rental permit, or pending application under Sec. 78-891(b).
Lb)Prima facie evidence of vacation rental uses of a aroperty or dwelling unit shall
include:
W Registration or licensing for short-term rental or transient rental use by
the state under F.S. Chapters 212 (Florida Tax and Revenue Act) and
509 (Public Lodging and Food Service Establishments);
WAdvertising, listing, posting, or otherwise holding out a property or
dwelling unit for vacation rental use on the internet or other mass
communication medium;
Q Reservations, booking arrangements or more than one signed lease,
sublease, assignment, or any other occupancy or agreement for
compensation, trade, or other legal consideration addressing or
overlapping any period of 28 days or less; or;
kQThe use of an agent or other third person to make reservations or
booking arrangements.
Nothing set forth herein precludes the village from presenting other forms of
evidence of unlawful vacation rental use or operation.
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Sec. 78-896. — Administration of vacation rental permits; criteria for denial,
suspension, cancellation, or revocation of permits; appeals; enforcement.
La) Issuance or denial by the village upon application.
W The village may either approve a vacation rental permit
application/renewal or deny such application/renewal in conjunction with
the issuance of a notice of denial upon a finding that one or more of the
criteria at section 78-896(b)(1)—(5) are not met. In addition, the village
may, upon approval of a vacation rental permit application/renewal,
impose reasonable conditions of operation as may be necessary to
protect the public health, safety and welfare.
Lb)Specific criteria which may result in the denial, suspension, or revocation of a
vacation rental permit by the village or special magistrate. A vacation rental
permit ma be denied, suspended, or revoked by the village, or suspended or
revoked by the special magistrate, as further provided herein, when it is
determined that:
WA property owner or vacation rental permit applicant (owner/applicant)
has misrepresented or failed to disclose material facts or information
which is reauired to be included in the vacation rental permit application
and anv other application reauired by the villaae. the countv or the
state;
2 The same or substantially similar vacation rental activity on the subject
property during the preceding 12-month period, has been conducted in
such a manner as to have violated the village's code of ordinances
which regulates the use or operation of the vacation rental premises
and/or one of the following determinations is made:
a. The activity has become a public nuisance as set forth in village
code
b. The activity constitutes a public nuisance at common law-
C. The activity violates the village's regulations as set forth in
chapter 6, alcoholic beverages;
d. The activity is manifestly injurious to the public morals; or
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e. The vacation rental has been operated in such a manner as to
injure the health, safety, or welfare or to disturb the quiet
enjoyment of the citizens in the nearby vicinity.
This criterion shall not apply if the vacation rental permit
application/renewal is in conjunction with new ownership of the subject
property. "New ownership" for this purpose reauires an actual change Lin
the individuals who have ownership interests in the subject property.
The mere re -structuring of corporate holding companies or other
transfers deemed to be illusory in nature shall not be considered "new
ownership."
3 The issuance or renewal of the vacation rental permit was contingent
upon the owner's/apclicant's compliance with specific crovisions of the
village's, the county's or the state's laws and the owner/applicant has
not satisfied or has violated such conditions, to include but not limited
to, specific conditions of approval imposed through development orders
issued by the village;
kQAn owner/applicant has violated any provision of this article and has
failed or refused to cease or correct the violation at the subject property
after having been notified to do so by the village or by an order of the
special magistrate;
kW The premises have been condemned by the local health authority or by
the village building official and/or fire marshal for failure to meet state
and local standards; or
Uc Appeals,
WAU owner/applicant aggrieved by a village decision regarding denial of
a vacation rental permit application/renewal may file an appeal by
reauestina a hearing before the code enforcement special magistrate.
The hearing reauest must be in writing and filed with the village attorney
within ten days of receipt of the decision complained of. The hearing
request must also specify the decision and the principal grievance of the
owner/applicant. The village shall then provide such applicant/owner
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notice of a hearing before the special magistrate pursuant to section 2-
191 village code.
2 Hearing procedures shall be as prescribed in chapter 2, article IV,
village code. The special magistrate's findings and order shall constitute
the final administrative action of the village for purposes of judicial
review under state law.
3 If the owner/applicant fails to seek timely appellate review of an order of
the special magistrate under this subsection and continues to operate
the vacation rental premises in violation of the order and/or this article,
the village may pursue any and all enforcement procedures necessary,
including abatement of the violation. Any costs for enforcement or
abatement action shall be placed as a lien against an owner/applicant's
real and personal property.
d Enforcement procedures, generally.
1 First-time violations. Upon determination by the village that a vacation
rental is being operated in a manner consistent with a first-time violation
of this article, the village shall notify the property owner and/or vacation
rental permit -holder of the nature of such violation in accordance with
section 2-181, and section 2-191. Likewise, notice of a hearing before
the special magistrate, if needed, shall be provided to the property
owner and/or permit -holder pursuant to Section
2-191. The conduct for such hearing shall be as prescribed in chapter 2,
article IV, village code. In addition to any other enforcement authority
provided by law, the special magistrate may authorize suspension or
revocation of a vacation rental permit upon a finding of one or more of
the criteria set forth in section 78-896(b)(1)—(6). The special
magistrate's findings and order shall constitute the final administrative
action of the village for purposes of judicial review under state law.
2 Subseauent violations. Upon determination by the village that a
vacation rental property owner and/or permit -holder has committed a
second or subsequent violation of the provisions of this article, the
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village may immediately suspend or revoke the vacation rental permit at
issue. The village's immediate suspension or revocation of a vacation
rental permit as provided herein shall be based upon a finding of one or
more of the criteria set forth in section 78-896(b)(1)—(6).
3 Enforcement: abatement. If vacation rental property owner and/or
permit -holder fails to seek timely appellate review of an order of the
special magistrate under this subsection and fails to comply timely with
such order, the village may pursue any and all enforcement procedures
necessary, including abatement of the violation. Any costs for
enforcement or abatement action shall be placed as a lien against an
owner/applicant's real and personal property.
kQFees or taxes. No fees or taxes shall be refunded if a vacation rental
permit is suspended, revoked, or cancelled pursuant to this section.
k�a) Additional remedies. Nothing contained herein shall prevent the village
from seeking all other available remedies which may include, but not be
limited to, injunctive relief, liens and other civil and criminal penalties as
provided by law, as well as referral to other enforcing agencies.
Secs. 78-897.-78-899. - Reserved.
Section 3: Each and every other Section and Subsection of Chapter 78.
Zoning., shall remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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