HomeMy WebLinkAboutDocumentation_Regular_Tab 09_7/14/2022Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 14 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 09-22, SECOND 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 #9.
Teguesta Vacation Rentals Ordinance FIRST READING June 2022
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Agenda Item #9.
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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
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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 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
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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 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
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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 group of units in a
condominium or cooperative or any individually
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 property 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
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shall be renewed annually and shall be considered
delinquent if not renewed by September 30 of each year.
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 may be amended from time
to time. A separate permit application form with separate
registration and inspection fees shall be required for each
vacation rental unit.
Lal Permit application.
A complete vacation rental
permit application
form shall include the following:
Property Card printout from Palm Beach
County PropertyAppraiser database;
Current Transient Public Lodging
Establishment license issued by the
Florida Department of Business and
Professional Regulation;
Current Certificate of Registration with
the Florida Department of Revenue for
remittance of applicable state taxes;
Current Palm Beach County business
tax receipt;
Total number of sleeping rooms at the
vacation rental unit; maximum number
f 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;
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L(jj Maximum number of individuals that
may gather at or occupy vacation rental
unit property at one time (maximum
number of individuals permissible 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 ;
Homeowners or property owners
association approval to operate the
vacation rental unit, if applicable;
Floorplan of the vacation rental unit
which includes stairways, hallways,
bedrooms, exists, and which identifies
all fire extinguisher locations;
Site 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 inscection reauirements as
provided in Sec. 78-894 of this Code.
Lbl Modification 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:
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An increase in the gross square footage;
An increase in the number of bedrooms;
An increase in the maximum occupancy;
An increase in the number of parking
spaces, or a change in the location of
parking spaces;
An increase in the number of bathrooms;
Any other material modifications that would
increase the intensity of use.
Lcj 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.
LgU Renewal 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
beginning July 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 informed of such deficiency and
shall have ten days to correct the deficiency.
Lfj Non -transferability and non -assignability of
permit. Vacation rental permits issued under this
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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.
LglPermit application or renewal fees. The village
cages 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.
Q21False 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 perjury. 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 years or older to
perform the following duties:
Lal Be available by telephone at the listed phone
number 24 hours per day, seven days per week
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and be capable of handling any issues relating to
the operation of the vacation rental;
Lbl If 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;
Lc) Maintain a record of all lease/rental agreements
for the vacation rental, as well as a record of all
quests of the vacation rental. Both of these
records shall be available for inspection upon
request;
JAI Receive service of any legal notice on behalf of
vacation rental owners or operators for violation
of the requirements set forth in this article; and
Lel 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 grtir.le_
Sec. 78-893. - Vacation rental standards.
No person or entity shall own or operate a vacation
rental within the village unless such vacation rental
complies with the following standards:
Lal Minimum life/safety requirements:
M Swimming pool, spa 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.
C',h_ 515_
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fQ 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 gage door. All smoke and
carbon monoxide alarms shall be
interconnected.
Fire extinguisher. A portable, multi -purpose
dry chemical 2A:106:C fire extinguisher shall
be installed, inspected and maintained in
accordance with N FPA 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.
f4l Local telephone 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.
fQSecondaa 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 openingg
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compliance with the following:
a. Clear width shall be no less than 20
ir% r%hoc,
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 occupancy
fjl Each vacation rental dwelling unit shall comply
with the occupancy limitations set forth in the
`Light, Ventilation, and Occupancy 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 (2) 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
vacation rental shall not exceed one
and one-half (1 �/2) times the maximum
occupants authorized to stay overnight
at that site, as shown on the vacation
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permit application, and in no event shall
a gathering exceed twelve (12)
irwAk/iAi inin
Lcl Solid waste handlin_q 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
might of the daofpickup.
jj� Des�gnation of responsible party. Each vacation rental
owner or operator shall designate a responsible party
capable of meeting the duties provided in Sec. 78-
892.
Le) Rental or lease agreement requirements:
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 following
i nfnrm,n+i^n -
a. The maximum number of occucants 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,
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and a sketch or photograph showing
the location of such spaces;
c. The names and ages 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.
LQ The village reserves the right to request and
receive a copy of any vacation rental lease or
rental agreement from the owner/operator or
responsible party at any time.
Lf) Vacation rental unit posting requirements.
The vacation rental unit shall be posted with
the following information next to the main
entrance door:
a. The name, address and telephone
number of the vacation rental
responsible part
b. The days and times of solid waste &
recycling pick up and a notification that
all gage or trash must be placed in a
garbage or trash can or other approved
solid waste receptacle and that all
recyclables must be placed in approved
recyclable containers;
c. The location of the nearest hospital; and
d. The location of designated parking
spaces/areas, if applicable;
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fQ There shall also be posted, next to the interior
door of each bedroom, a building evacuation
map (at least 81/2 inches by 11 inches).
Lq) Other re_qulations. 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.
Lal 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.
Lbj Subsequent inspections. Once issued, a vacation
rental must be properly maintained in accordance
with the vacation rental standards herein and will be
re -inspected annuallv. 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
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permit until such time as the violations are corrected
and re -inspected.
Lcl 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 show" fee in an amount
established by resolution of the village council to
cover the inspection expense incurred by the village.
LgU Notice of failure of inspections. 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.
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.
fQFor 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.
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Lal It shall be unlawful for any person or entity to rent,
lease, advertise or hold out for rent any property
dwelling unit for vacation rental use without a
vacation rental permit, or pending application under
Sec. 78-891�b�.
Lbj Prima facie evidence of vacation rental uses of a
property or dwelling unit shall include:
Registration or licensing for short-term rental
or transient rental use by the state under F.S.
Chapters 212 (Florida Tax and Revenue Acts
and 509 (Public Lodging and Food Service
Establishments;
fQAdvertising, listing, posting, or otherwise
holding out a property or dwelling unit for
vacation rental use on the internet or other
mass communication medium;
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;
L41 The 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.
Sec. 78-896. — Administration of vacation rental
permits; criteria for denial, suspension, cancellation,
or revocation of permits; appeals; enforcement.
Lal Issuance or denial by the village upon application.
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fjlThe 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, pon 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.
Lbj 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 may 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:
Ljj A property owner or vacation rental permit
applicant (owner/applicant) has
misrepresented or failed to disclose material
facts or information which is required to be
included in the vacation rental permit
application and any other application
required by the village, the county or the
state;
fQ 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
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which reaulates 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 incurious to
the public morals; or
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 requires an actual change in 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."
The issuance or renewal of the vacation
rental permit was contingent upon the
owner's/applicant's compliance with specific
provisions of the village's, the county's or the
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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;
f4l An 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;
fQ 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
Lcl Appeals,
fjjAny owner/applicant aggrieved by a village
decision regarding denial of a vacation rental
permit application/renewal may file an appeal
by reg uesting a hearing before the code
enforcement special magistrate. The hearing
request 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 notice of a
hearing before the special magistrate
pursuant to section 2-191 village code.
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fQ 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.
LQ 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.
LgU Enforcement procedures, genera y.
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-
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
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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.
fQ Subsequent 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 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).
Lal 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. Anv
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Agenda Item #9.
First Reading June 9, 2022
costs for enforcement or abatement action
shall be placed as a lien against an
owner/applicant's real and personal property_.
J41 Fees or taxes. No fees or taxes shall be
refunded if a vacation rental permit is
suspended, revoked, or cancelled pursuant
to this section.
JQ 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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Agenda Item #9.
First Reading June 9, 2022
Page 306 of 524