Short Term Vacation Rental Advisory Committee Meeting ... · Rental Advisory Committee for 2016. Approval of Minutes of December 10, 2015 – Action Required Dr. Miles Conway requested

SHORT TERM VACATION RENTAL ADVISORY COMMITTEE (STVRAC)

Glenn Powell, District 1 (Chairman) Joel Molinari, Sr., District 3 Joe Paladin, District 2 (Vice Chairman) Alan Curtis, District 4 Angela Beckley Waldrop, Member at Large Glenn Heran, District 5 Dr. Robert DeWaters, Sr., Member at Large George Bryant, Alternate

The Short Term Vacation Rental Advisory Committee (STVRAC) will meet at 10:00 a.m. on Thursday, February 11, 2016 in the County Administration Complex, Building B, B1-501, 1800 27th

Street, Vero Beach.

AGENDA 1) Call to Order 2) Approval of Minutes of January 14, 2016 – Action Required

3) New Business – Stan Boling, Community Development Director

a) Occupancy Limits, Site Inspections, and Length of Local License –Action Required

b) Schedule to Complete Committee Recommendations –Action Required

4) Other Business 5) Announcement of Next Meeting

6) Adjournment cc: Joe Baird, Administrator Bill DeBraal, Attorneys Office Mike Zito, Assistant County Administrator Scott Johnson, Webmaster Stan Boling, Community Development Director Richard Marini, EMS John McCoy, Current Development Chief John Duran, EMS Roland DeBlois, Chief, Environmental & Code Enforcement John King, EMS Director Tuck Ferrell, Interested Party Norma Kissner, Interested Party Colleen Rosenbaum, Interested Party Luanne Foti, Interested Party Alan Corbin, Interested Party Barry Segal, Esquire, Interested Party Daniel Lamson, Interested Party Herb Whittall, Interested Party Honey Minuse, Interested Party Tim McGarry, Interested Party Peggy Lyon, Interested Party Miles Conway, Interested Party BCC Office Commissioner Peter O’Bryan Commissioner Bob Solari Commissioner Wesley S. Davis Carter Taylor, Interested Party Mitch Dudek, Interested Party Sandy Wright, Attorney’s Office Bronia Jenkins, Interested Party John M. King, Interested Party Except for those matters specifically exempted under State Statute and Local Ordinance, the Committee shall provide an opportunity for public comment prior to the undertaking by the Committee of any action on the agenda. Public comment shall also be heard on any proposition which the Committee is to take action which was either not on the agenda or distributed to the public prior to the commencement of the meeting.

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence on which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) coordinator at 772-226-1223 at least 48 hours in advance of the meeting.

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SHORT TERM VACATION RENTAL ADVISORY COMMITTEE The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, January 14, 2016, in the County Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the minutes on the IRC website:www.ircgov.com/Boards/Shorttermvacationrentaladvisorycommittee/2016. Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee; Glenn Heran, District 5 Appointee; and Angela Beckley Waldrop, Member-at-Large Appointee. Absent was: Dr. Robert DeWaters, Jr., Member-at-Large Appointee (excused).

IRC staff present were: Stan Boling, Community Development Director; Bill DeBraal, Deputy County Attorney; Roland DeBlois, Chief Environmental & Code Enforcement; John King, Emergency Services Director; John Duran, Emergency Services, Lieutenant Inspector; Commissioner Peter D. O’Bryan, District 4; Dylan Reingold, County Attorney; Joe Baird, County Administrator; and Misty L. Pursel, Commissioner Assistant, District 1 and Recording Secretary.

Others present were: David Hunter, Carter Taylor, Dan Lamson, and Honey Minuse, Indian River Neighborhood Association (IRNA); William “Tuck” Ferrell, Colleen Rosenbaum, Miles Conway, Phil Randall, Herb Whitall, Frank Pethnatrella, Joe Earman, Milt Thomas, Mayor Jay Kramer, City of Vero Beach and Bronia Jenkins, Interested Parties. Call to Order & Welcome

Chairman Glenn Powell called the meeting to order at 10:03 a.m. and provided invocation-type comments to include (1) focusing on the Committee’s mandate; (2) listening to what people have to say, rather than personal criticism and verbal attacks; and (3) being cautious not to create problems with any regulations being passed. Election of 2016 Chairman and Vice Chairman – Action Required

ON MOTION BY Mr. Curtis, SECONDED BY Mrs. Waldrop, the Committee voted by majority vote (4) to re-elect Glenn Powell as Chairman of the Short Term Vacation Rental Advisory Committee for 2016.

(Recording Secretary Note: A show of hands was requested. Deputy Attorney Debraal counted 4 showing of hands, for purposes of reporting the vote.)


ON MOTION BY Chairman Powell, SECONDED BY Mr. Heran, the Committee voted unanimously (6-0) to re-elect Joe Paladin as Vice Chairman of the Short Term Vacation Rental Advisory Committee for 2016.

Approval of Minutes of December 10, 2015 – Action Required

Dr. Miles Conway requested on Page 6, fifth paragraph beginning with “Dr. Conway announced . . .” the following revision:

“Dr. Conway announced this Committee was not qualified to perform any credible economic analysis. Also this Committee was not qualified to conduct any credible statistical analysis due to the problem of statistical sample significance. He said the only way of obtaining accurate transient boarding house records was by court subpoena as had been the method used by the New York Attorney General and by grand jury subpoena in another jurisdiction.”

A typed copy of this statement was provided by Dr. Conway and is on file in the Commission Office.

(Recording Secretary’s Note: both versions of Dr. Conway’s statement [initial

statement red-lined] are included in the December minutes for reflection). Dr. Conway also requested on Page 6, second paragraph beginning with “THE

CHAIRMAN CALLED FOR THE QUESTION”, be amended to conform to the way the minutes were recorded at the Board of County Commissioners, i.e., 3 in favor or 3 against. He stated “dissent” had a negative connotation, as there were no dissenters, there were just 3 people who voted against the motion. He requested the protocol for future votes be recorded with those for and those against, consistent with the way it was recorded at the Board of County Commissioners.

(Recording Secretary’s Note: Clerk to the Board of County Commissioners

confirmed when recording a vote not unanimous, those “opposed” are noted for the record).

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to approve the amended minutes of December 10, 2015.


Other Business

a) Homestead and Property Assessment – No Action Required

Mr. Bill DeBraal, Deputy County Attorney, summarized his memorandum dated December 28, 2015 regarding whether a homestead exemption would be allowed to continue after a home was registered as a vacation rental; a copy of which is on file in the Commission Office. Dr. Conway read into the record the following statement:

“We respectfully disagree with the interpretation and presentation of the valuation of bona fine residential homeowners’ property as presented in the December 28, 2015 memorandum as it is an incomplete and misconstrued de jure representation of the valuation process. A complete de facto presentation of the valuation process showing the negative financial impact of public lodging establishments operating adjacent to Bona Fide residential properties will be provided to a higher venue, not compromised by its members having a conflict of personal financial interest and an a priori antipathy towards local government regulations, to ensure Bona Fide residential property owners are given a fair, balanced and unconflicted hearing.”

A copy of the statement is on file in the Commission Office.

b) Economic Impact Information – No Action Required

Stan Boling, Community Development Director, summarized his memorandum dated January 8, 2016, with Attachments 1 and 2, and emphasized the small sample size was not statistically valid and may not have been randomly selected. A copy of the memorandum, with attachments, are on file in the Commission Office.

Dr. Conway read into the record the following statement:

“We respectfully disagree with the ‘economic’ data compilation and ‘analyses presented for a variety of professional analytical and technical reasons.


A professional deconstruction of the ‘economic’ data and ‘analysis’ and a proper presentation of general economically relevant information will be provided to a higher venue not compromised, by its members having a conflict of personal financial interest and an a priori antipathy towards local government regulations, to ensure bona fide residential property owners are given a fair and balanced hearing.

In addition, both amateur and professional ‘economic analysis’ is irrelevant to the remit of a committee formed to compile regulations to control the operation of public lodging establishments.”

A copy of the statement is on file in the Commission Office.

c) Occupancy Limits – Joe Paladin, Vice Chairman

Vice Chairman Joe Paladin shared information he discussed with Commissioner Tim Zorc regarding the direction the Board of County Commissioners provided at a Commission Meeting on December 15, 2015 concerning some kind of occupancy limits and how to track those in the short term rental business who were not licensed, and how the County could assist the unlicensed in understanding the need to be licensed.

Vice Chairman Paladin outlined suggestions discussed with Commissioner Zorc

such as posting the occupancy limits in plain sight either in the home or on the establishment for easy reference and enforcement purposes; and how occupancy limits were established and controlled; i.e., by square feet, by the number of rooms, etc.

Chairman Powell mentioned the possibility of discussing regulations on what the

short term rental advertisements were required to provide; i.e., occupancy limits, licensing information, taxes, etc. at a future committee meeting.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Glenn Heran, to direct County Staff to provide a recommendation and/or formulas for controlling occupancy limits and enforcement.

UNDER DISCUSSION, Mr. Heran said the suggestion regarding controlling occupancy limits provided “teeth” in the enforcement process. THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed unanimously (6-0).


New Business

a. Fines & Citations – Action Required

Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement, reviewed his memorandum dated January 5, 2016, regarding the enforcement of regulations – citation powers and fines, with Attachments 1 through 4, providing background, overview and analysis and recommendations; a copy of which is on file in the Commission Office.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to direct County Staff to draft an amendment resolution for County Commission adoption, amending the Resolution 92-52 fine schedule and establish fines for vacation rental parking violations and for commercial events at residences as follows:

Vacation rental parking: $50 (per vehicle) for first

violations; $100 (per vehicle) for repeat violations; and

Commercial event at residence: $1,000 for first violations; $5,000 for repeat violations.

Mr. Boling announced the next meeting of the Short Term Vacation Rental Advisory Committee was scheduled for Thursday, February 11, 2016 at 10:00 a.m., in Building B, Conference Room B1-501. He provided the committee’s suggested agenda topics to include occupancy limits; site inspection requirements and the length of the license.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to approve the suggested agenda topics for the next scheduled Short Term Vacation Rental Advisory Committee meeting.

Adjournment

There being no further business, the meeting adjourned at 12:12 p.m.

TO:

FROM:

DATE:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

The Members of the Short Term Vacation Rental Advisory Committee

~ Stan Boling, AICP; Community Development Director

February 1, 2016

Consideration of Vacation Rental Occupancy Limits, Site Inspections, and Length of Local License

It is requested that the data presented herein be given formal consideration by the Short Term Vacation Rental Advisory Committee at its regular meeting of February 11, 2016.

BACKGROUND:

At its January 14, 2016 meeting, the Short Term Vacation Rental Advisory Committee (STVRAC) discussed occupancy limits and directed staff to present information and a proposal for vacation rental occupancy limits, site inspections, and length of the proposed local license at the February 11, 2016 STVRAC meeting. In response, staff has researched various sources of information and prepared this memorandum which provides analysis and includes staff recommendations.

OVERVIEW & ANALYSIS:

• Occupancy Limits

During discussion of occupancy limits at the January 14, 2016 committee meeting, it was acknowledged that occupancy limit standards under consideration refer to the maximum number of persons sleeping overnight at a vacation rental unit. Also during the January discussion, it was acknowledged that the parking limitations enacted last year by the BCC (Board of County Commissioners) indirectly limit general occupancy (night and day) and that sleeping occupancy limits, if enacted, would be difficult to enforce except perhaps in individual cases with extreme or on-going overcrowding. Nonetheless, there was also a general consensus that setting a reasonable sleeping occupancy limit could serve the purpose of "putting unit owners and renters on notice" of a regulatory limit and that such notice could prevent booking a unit for too many occupants.

Occupancy limits, when observed, can prevent the over-crowding of a vacation rental unit thereby reducing the potential for over-burdening rental unit infrastructure and for producing negative neighborhood impacts. Based on HUD Fair Housing guidelines, a reasonable standard for bedroom occupancy appears to be two persons per bedroom. All local government vacation rental occupancy standards reviewed by staff allow for 2 persons per bedroom plus additional capacity either for children under 12 years of age or for common living area usually based on the size of the living area. In staff's opinion, an age-based provision would be more problematic to enforce than a requirement based on living area size. Based on vacation rental regulations of other

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jurisdictions such as Fort Lauderdale and Flagler County, it seems reasonable to allow for some additional sleeping capacity that can be accommodated in common living areas. Staffs conclusion is that recognizing some limited additional occupancy capacity for common living area is logical when setting a maximum capacity standard for a vacation rental unit.

Staffs proposal is to set a sleeping occupancy limit per vacation rental unit for a maximum number of persons (regardless of age) based on the number of bedrooms plus a limited amount of additional occupancy capacity based on the size of common living area. Staffs proposal is as follows:

Two persons per bedroom, PLUS

One additional person per 250 sq. ft. of living room, family room, and den area with a minimum of 2 and a maximum of 5 additional persons regardless of living area size.

Based on this proposed standard, a 3-bedroom 2,500 sq. ft. house would have a maximum sleeping occupancy of 8 to 11 persons, depending on the common living area size and factoring-in the 2 person minimum and the 5 person cap on additional capacity for common living area. Under another scenario applying the proposed standard, a 6-bedroom 4,000 sq. ft. house would have a maximum sleeping capacity of 14 to 17 persons, depending on the common area size and factoringin the 2 person minimum and the 5 person cap on additional capacity for common living area.

The proposed occupancy limits, in conjunction with the existing vacation rental parking limitations adopted last year, would yield the following:

Regulation 3-bedroom 2,500 sq. ft. house 6-bedroom 4,000 sq. ft. house with a 2 car garage with a 2 car garage

Maximum # of vehicles parked outside day or night* 3 vehicles 5 vehicles Maximum sleeping occupancy 8 to 11 persons 14 to 1 7 persons *Existing IRC code section 911.15( 4) and repeated in section 912.17(2)

As previously stated, a sleeping occupancy limit would be difficult to enforce but if known upfront by potential renters of a particular vacation rental unit may prevent booking inadequate accommodations. In order to provide up-front notice to potential renters, the county could require vacation rental unit owners/managers to state the licensed occupancy limit on any advertising or rental offering. Similar occupancy listing requirements have been included in the vacation rental regulations adopted by other local governments.

• Site Inspections & Length of Local License

As part of establishing a local vacation rental license, the county may require site inspections and must set a length of time for which a license remains valid. Cursory information on these requirements was reviewed at the November 12, 2015 committee meeting. In determining those requirements, the county needs to consider a number of factors, including: the items that need an inspection, who should perform the inspection, how often inspections need to be conducted,

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staffing levels/efficiency/costs, and ease of licensing as it affects the objective of ''bringing vacation rental units out of the shadows" and into compliance. Based on committee recommendations made to date, items that should be inspected include:

• Parking accommodations • State-required fire protection items (smoke alarms, emergency lighting, fire extinguisher) • Occupancy limit items (number of bedrooms, size of living areas) • Posting required information inside the vacation rental unit

With adequate training, code enforcement officers can conduct those types of compliance inspections and will retain personal knowledge of the unit in the event that compliance issues and violations occur at some point in the future.

With respect to the length of a county license and the frequency of regular inspections (not including inspections for suspected violations that may arise from time to time), it is staffs opinion that annual licensing and annual inspections are more frequent than necessary. It is also staffs opinion that a 3 year license and regular site inspections every 3 years will be frequent enough to catch major unit changes that could affect compliance with county vacation rental regulations. In summary, staff supports requiring an inspection for the initial permit, a permit timeframe of 3 years, and an inspection with each permit renewal. As previously stated, separate inspections will occur if and when there is a suspected violation at a particular vacation rental unit.

RECOMMENDATION:

Staff recommends that the committee:

1. Consider occupancy standards and direct staff to draft vacation rental regulations that:

a. Set a per rental unit maximum sleeping occupancy of two persons per bedroom plus one additional person for every 250 sq. ft. of living room/family room/den area with a minimum of 2 and a maximum of 5 additional persons regardless of living area size.

b. Require the licensed occupancy limit to be stated in vacation rental advertisements and vacation rental offerings.

2. Consider requirements for site inspections and length of a local license and direct staff to draft vacation rental regulations that:

a. Require a code enforcement officer inspection at the time ofreviewing and issuing an initial license and each license renewal.

b. Set a license timeframe of 3 years.

ATTACHMENTS:

1. HUD Fair Housing guidelines 2. Maximum Occupancy Standards: Fort Lauderdale Vacation Rental Regulation Except

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Tuesday December 22, 1998

Part V

Department of Housing and Urban Development Fair Housing Enforcement-Occupancy Standards; Statement of Policy; Notice; Republication

ATTACHMENT 1

70982 Federal Register /Vol. 63, No. 245 /Tuesday, December 22, 1998 / Notices

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4405-N-01)

Fair Housing EnforcementOccupancy Standards; Notice of Statement of Policy

Note: This document, FR Doc. 98-33568, was originally published on December 18, 1998 at 63 FR 70256-70257. It is being republished to reproduce the camera copy of the appendix furnished by the agency.

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice of Statement of Policy.

SUMMARY: This statement of policy advises Lhe public of the factors that k HUD will consider w hen evaluating a housin g provider' s occupancy policies to determine whether actions under the provider's policies may constitute discriminatory conduct under the Fair Housing Act on the basis of familial status (the presence of children in a family). Publication of this notice meets the requirements of the Quality Housing and Work Responsibility Act of 1998. DATES: Effective date: December 18, 1998. FOR FURTHER INFORMATION CONTACT: Sara Pratt, Director, Office of Investigations, Office of Fair Housing and Equal Opportunity. Room 5204. 451 Seventh Street, SW, Washington, DC 20410, telephone (202) 708-2290 (not a toll-free number). For hearing- and speechimpaired persons, this telephone number may be accessed via TTY (text telephone) by calling the Federal Information Relay Service at 1- 800-877- 8339 (toll-free).

SUPPLEMENTARY INFORMATION:

Statutory and Regulatory Background

Section 589 of the Quality Housing and Work Responsibility Act of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved October 21, 1998, "QHWRA") requires HUD to publish a notice in the Federal Register that advises the public of the occupancy standards that HUD uses for enforcement purposes under the Fair Housing Act (42 U.S.C. 3601-3619). Section 589 requires HUD to publish this notice within 60 days of enactment of the QHWRA. and states that the notice will be effective upon publication. Specifically, section 589 states, in relevant part, that:

[T]he specific and unmodified standards provided in the March 20, 1991, Memorandum from the General Counsel of [HUD[ to all Regional Counsel shall be the policy of [HUD] with respect to complaints of discrimination under the Fair Housing Act • • * on the basis of familia l status which involve an occupancy standard established by a housing provider.

The Fair Housing Act prohibits discrimination in any aspect of the sale, rental. financing or advertising of dwellings on the basis of race, color, religion, national origin, sex or familial status (the presence of children in the family). The Fair Housing Act also provides that nothing in the Act "limits the applicability of any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." The Fair Housing Act gave HUD responsibility for implementation and enforcement of the Act's requirements. The Fair Housing Act authorizes HUD to receive complaints alleging discrimination in violation of the Act, to

AnACHfftNT 1

investigate these complaints, and to engage in efforts to resolve informally matters raised in the complaint. [n cases where the complaint is not resolved, the Fair Housing Act authorizes HUD to make a determination of whether or not there is reasonable cause to believe that discrimination has occurred. HUD's regulations, implementing the Fair Housing Act (42 U.S.C. 3614) are found in 24 CFR part 100.

In 1991 , HUD's General Counsel, Frank Keating, determined that some confusion existed because of the absence of more detailed guidance regarding what occupancy restrictions are reasonable under the Act. To address this confusion, General Counsel Keating issued internal guidance to HUD Regional Counsel on factors that they should consider when examining complaints filed with HUD under the Fair Housing Act, to determine whether or not there is reasonable cause to believe discrimination has occurred.

This Notice

Through this notice HUD implements section 589 of the QHWRA by adopting as its policy on occupancy standards, for purposes of enforcement actions under the Fair Housing Act, the standards provided in the Memorandum of General Counsel Frank Keating to Regional Counsel dated March 20, 1991, attached as Appendix A.

Authority: 42 U.S.C. 3535(d), 112 Stat. 2461.

Dated: December 14, 1998. Eva M. Plaza,

Assistant Secretary tor Fair Housing and Equal Opportunity.

BILLING CODE 4210-28-P

Federal Register / Vol. 63, No. 245 / Tuesday, December 2 2 , 1998 / Notices

OFFICE OF GENERAL COUNSEL

U. S. Department of Housing and Urban Development Washington, D.C. 20410-0500

March 20, 1991

MEMORANDUM FOR: All Regiona l Counsel

FROM://rank Keating , G

APPENDIX A

SUBJECT: Fair Housing Enforcement Policy: Occupancy Cases

On February 21, 1991, I issued a memorandum designed to facilitate your review of cases involving occupancy policies under the Fair Housing Act. The memorandum was based on my review of a significant number of such cases and was intended to constitute internal guidance to be used by Regional Counsel in reviewing cases involving occupancy restrictions. It was not intended to create a definitive test for whether a landlord or manager would be liable in a particular case, nor was it intended to establish occupancy policies or requirements for any particular type of housing.

However, in discussions within the Department, and with the Department of Justice and the public, it is clear that the February 21 memorandum has resulted in a significant misunderstanding of the Department's position on the question of occupancy policies which would be reasonable under the Fair Housing Act. In this respect, many people mistakenly viewed the February 21 memorandum as indicating that the Department was establishing an occupancy policy which it would consider reasonable in any fair housing case, rather than providing guidance to Regional Counsel on the evaluation of evidence in familial status cases which involve the use of an occupancy policy adopted by a housing provider.

For example, there is a HUD Handbook provision regarding the size of the unit needed · for public housing tenants. ·see Handbook 7465.1 REV-2, Public Housing Occupancy Handbook: Admission, revised section 5-1 (issued February 12, 1991). While that Handbook provision sta tes that HUD does not specify the number of persons who may live in public housing units of various sizes, it provides guidance about the factors public housing agencies may consider in establishing reasonable occupancy policies. Neither this memorandum nor the memorandum of February 21, 1991 overrides the guidance that Handbook provides about program requirements.

ATTACHMENT 1

70983

70984 Federal Register/Vol. 63, No. 245/Tuesday, December 22, 1998/Notices

As you know, assuring Fair Housing for all is one of Secretary Kemp's top priorities. Prompt and vigorous enforcement of all the provisions of the Fair Housing Act, including the protections in the Act for families with children, is a critical responsibility of mine and every person in the Office of General Counsel. I expect Headquarters and Regional Office staff to continue their vigilant efforts to proceed to formal enforcement in all cases in which there is reasonable cause to believe that a discriminatory housing practice under the Act has occurred or is about to occur. This is particularly important in cases where occupancy restrictions are used to exclude families with children or to unreasonably limit the ability of families with children to obtain housing.

In order to assure that the Department's position in the area of occupancy policies is fully understood, I believe that it is imperative to articulate more fully the Department's position on reasonable occupancy policies and to describe the approach that the Department takes in its review of occupancy cases.

Specifically, the Department believes that an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act. The Department of Justice has advised us that this is the general policy it has incorporated in consent decrees and proposed orders , and such a general policy also is consistent with the guidance provided to housing providers in the HUD handbook referenced above.· However, the reasonableness of any occupancy policy is rebuttable, and neither the February 21 memorandum nor this memorandum implies that the Department will determine compliance with the Fair Housing Act based solely on the number of people permitted in each bedroom . Indeed, as we stated in the final rule implementing the Fair Housing Amendments Act of 1988, - the Department's position is as follows:

[T]here is nothing in the legislative history which indicates any intent on the part of Congress to provide for the development of a national occupancy code ....

On the other hand, there is no basis to conclude that Congress intended that an owner or manager of dwellings would be unable to restrict the number of occupants who could reside in a dwelling. Thus, the Department believes that in appropriate circumstances, owners and managers may develop and implement reasonable occupancy requirements based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit. In this regard, it must be noted that, in connection with a complaint alleging discrimination on the basis of familial status, the Department will carefully examine any such

ATTACHMENT 1

Federal Register/Vol. 63, No. 245/Tuesday, December 22, 1998/Notices

nongovernmental restriction to determine whether it operates unreasonably to limit or exclude families with children.

24 C.F.R. Chapter I, Subchapter A. Appendix I at 566-67 (1990).

Thus, in reviewing occupancy cases, HUD will consider the size and number of bedrooms and other special circumstances. The following principles and hypothetical examples should assist you in determining whether the size of the bedrooms or special circumstances would make an occupancy policy unreasonable.

Size of bedrooms and unit

Consider two theoretical situations in which a housing provider refused to permit a family of five to rent a two-bedroom dwelling based on a "two people per bedroom" policy. In the first, the complainants are a family of five who applied to rent an apartment with two large bedrooms and spacious living areas. In the second, the complainants are a family of five who applied to rent a mobile home space on which they planned to live in a small two-bedroom mobile home. Depending on the other facts, issuance of a charge might be warranted in the first situation, but not in the second.

The size of the bedrooms also can be a factor suggesting that a determination of no reasonable cause is appropriate. For example, if a mobile home is advertised as a "two-bedroom" home, but one bedroom is extremely small, depending on all the facts, it could be reasonable for the park manager to limit occupancy of the home to two people.

Age of children

The following hypotheticals involving two housing providers who refused to permit three people to share a bedroom illustrate this principle. In the first, the complainants are two adult parents who applied to rent a one-bedroom apartment with their infant child, and both the bedroom and the apartment were large. In the second, the complainants are a family of two adult parents and one teenager who applied to rent a one-bedroom apartment. Depending on the other facts, issuance of a charge might be warranted in the first hypothetical, but not in the second.

Configuration of unit

The following imaginary situations illustrate special circumstances involving unit configuration. Two condominium associations each reject a purchase by a family of two adults and three children based on a rule limiting sales to buyers who

70985

satisfy a "two people per bedroom" occupancy policy. The first association manages a building in which the family of the five sought to purchase a unit consisting of two bedrooms plus a den or

ATTACHMENT 1

70986 Federal Register /Vol. 63, No. 245 / Tuesday, December 22, 1998 / Notices

study. The second manages a building in which the family of five sought to purchase a two-bedroom unit which did not have a study or den. Depending on the other facts, a charge might be warranted in the first situation, but not in the second.

Other physical limitations of housing

In addition to physical considerations such as the size of each bedroom and the overall size and configuration of the dwelling, the Department will consider limiting factors identified by housing providers, such as the capacity of the septic, sewer, or other building systems.

State and local law

If a dwelling is governed by State or local governmental occupancy requirements, and the housing provider's occupancy policies reflect those requirements, HUD would consider the governmental requirements as a special circumstance tending to indicate that the housing provider's occupancy policies are reasonable .

Other relevant factors

Other relevant factors supporting a reasonable cause recommendation based on the conclusion that the occupancy policies are pretextual would include evidence that the housing provider has: (1) made discriminatory statements; (2) adopted discriminatory rules governing the use of common facilities; (3) taken other steps to discourage families with children from living in its housing; or (4) enforced its occupancy policies only against families with children. For example, the fact that a development was previously marketed as an "adults only" development would militate in favor of issuing a charge~ This is an especially strong factor if there is other evidence suggesting that the occupancy policies are a pretext for excluding families with children.

An occupancy policy which limits the number of children per unit is less likely to be reasonable than one which limits the number of people per unit.

Special circumstances also may be found where the housing provider limits the total number of dwellings he or she is willing to rent to families with children. For example, assume a landlord owns a building of two-bedroom units, in which a policy of four people per unit is reasonable. If the landlord adopts a four person per unit policy , but refuses to rent to a family of t wo adults and two children because twenty of the thirty units already are occupied by families with children, a reasonable cause recommendation would be warranted.

AffACHMENT 1

Federal Register/Vol. 63, No. 245 / Tuesday, December 22, 1998 / Notices 70987

If your review of the evidence indicates that these or other special circumstances are present, making application of a "two people per bedroom" policy unreasonably restrictive, you should prepare a reasonable cause determination. The Executive Summary should explain the special circumstances which support your recommendation.

[FR Doc. 98- 33568 Filed 12- 17- 98; 8:45 aml BILLING CODE BILLING CODE 4210-28-C

AfflCHIIENT 1

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ORDINANCE NO. C-15-29

AN ORDINANCE OF THE CITY OF FORT LAUDERDALE, FLORIDA, CREATING ARTICLE X. - VACATION RENTALS, OF CHAPTER 15 - BUSINESS TAX RECEIPTS AND MISCELLANEOUS BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE, FLORIDA, TO PROVIDE FOR REGULATION OF VACATION RENTALS AS DEFINED IN SECTION 509.242, FLORIDA STATUTES (2015); AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCE PROVISIONS, AND AN EFFECTIVE DATE.

WHEREAS, Subsection 163.3202(1 ), Florida Statutes (2015), requires municipalities to adopt and enforce land development regulations that are consistent with and implement their adopted comprehensive plans; and

WHEREAS, the City of Fort Lauderdale Comprehensive Plan Future Land Use Map designates areas for residential use that are intended primarily for dwellings as well as other land uses that support the residential environment; and

WHEREAS, the City of Fort Lauderdale established residential zoning districts within its Unified Land Development Regulations ("ULDR") consistent with the residential land use designations of the City of Fort Lauderdale Comprehensive Plan Future Land Use Map; and

WHEREAS, the ULDR provides a list of permitted and conditional uses permitted within each zoning district and prohibits any use not substantially similar to those permitted uses; and

WHEREAS, Chapter 509, Lodging and Food Service Establishments; Membership Campgrounds, regulates public lodging establ ishments, which is divided into the two subcategories: transient public lodging establishment and nontransient public lodging establishment; and

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C-15-29 AnACHMERT 2

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ORDINANCE NO. C-15-29 PAGE 9

Sec. 15-278. Vacation Rental Standards.

The following standards shall govern the use of any vacation rental as a permitted use:

1. Minimum life/safety requirements:

C.

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residentfal Swimming Pool Safety Act, Chapter 515, Florida Statutes.

Sleeping rooms. All sleeping rooms shall meet the single- and two-family dwelling minimum requirements of the Florida Building Code.

Smoke and carbon monoxide (CO) detection and notification system. If an interconnected and hard-wired smoke and carbon monoxide (CO) detection and notification system is not in place within the vacation rental unit, then an interconnected, hard-wired smoke alarm and carbon monoxide (CO) alarm system shall be required to be installed and maintained on a continuing basis consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code - Residential.

Fire extinguisher. A portable, multi-purpose dry chemical 2A: 1 0B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 1 0 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

e. That all vehicles associated with the Vacation Rental must be parked within the sub·ect ro ert in com liance with . .Jhe.,...G-o·de· of OrdiR·ances of the Cit

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Maximum occupancy. The occupancy of a Vacation Rental shall not exceed:

a. One (1) person per one hundred fifty (150) gross square feet of permitted, air-conditioned living space, and

Two (2) persons per sleeping room, meeting the requirements for a sleeping room.

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C-15-29 ATTACHMENT 2

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: The Members of the Short Term Vacation Rental Advisory Committee

~ FROM: Stan Boling, AICP; Community Development Director

DATE: February 4, 2016

SUBJECT: Consideration of Schedule to Complete Committee Recommendations to the Board of County Commissioners

It is requested that the data presented herein be given formal consideration by the Short Term Vacation Rental Advisory Committee at its regular meeting of February 11, 2016.

BACKGROUND:

As stated in the resolution establishing the Short Term Vacation Rental Advisory Committee (STVRAC), the committee is charged to " ... submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners". To date, the committee has considered the following:

October 2015 • Committee purpose and charge from the BCC

• Background and introduction of vacation rental issues

• Identification of potential regulation topics and committee schedule November 2015 • Adopted parking regulations and commercial event prohibition

• Establishment of a local license and tax compliance

• Monroe County Regulations, Moorings Committee Recommendations, Noise Regulations, Boat/watercraft Regulations, Polk County Rental Guide

• Vacation rentals in mixed use projects December 2015 • Fire safety requirements and occupancy limits

• Septic system standards and compliance January 2016 • Homestead Exemption and Property Appraiser assessments

• Economic impact information

• Occupancy limits

• Fines and citations February 2016 • Occupancy limits (scheduled) • Inspections and Length of local license

All meeting materials are posted on the county website at: http://w•vVw.ircgov.com/Boards/STVRAC/lndex.htm

F:\Community Development\Short Tenn Vacation Rentals\2-11-16 Agenda Item -Scheduletocompletecommitteerecommendations.docx

The committee now needs to determine ifthere are additional topics it wishes to consider, if any, prior to reviewing a complete set of draft recommended regulations and a schedule of recommended fines and citations.

ANALYSIS:

Including the items scheduled for committee consideration at its February 11, 2016 meeting, all topics of concern to staff have been taken up by the committee. Based on committee direction provided to staff in previous meetings and staff recommendations presented in the February 11 th

meeting packet, staff has prepared a summary of local licensing requirements and recommended fines as references for the committee to use for evaluating its work to date.

Based on direction given by the committee at its February 11 th meeting, along with recommendations provided in previous meetings, staff is prepared to present a full draft of vacation rental regulations for the committee to consider at its March 10, 2016 meeting.

RECOMMENDATION:

Staff recommends that the committee determine if there are any additional topics it wishes to consider and determine a schedule for completing review of its final recommendations to be submitted to the Board of County Commissioners.

ATTACHMENTS:

1. Draft Local Vacation Rental License Items (updated 2-3-16) 2. Proposed Revised Schedule of Fines

F:\Community Development\Short Tenn Vacation Rentals\2-11-16 Agenda Item -Scheduletocompletecommitteerecommendations.docx 2

DRAFT LOCAL VACATION RENTAL LICENSE ITEMS (updated2-3-16)

1. An annual A three-year license for each vacation rental unit, renewable eaeh every three year~ and confirming up-to-date information during each renewal review, transferable to a new owner upon submission of updated information and assumption of any permit license obligations and conditions. Require site inspection by code enforcement officer prior to initial issuance and each renewal.

2. License application submittal requirements:

A. Rental unit manager contact information ( cell phone number, email address, mailing address); changes in the manager and/or contact information must be provided to Community Development expeditiously. within 10 days of a change in contact information.

B. Documentation that the applicant has obtained the following:

(1) State license for vacation rental unit (2) Local business tax receipt from Tax Collector (3) Local tourist tax account from Clerk of the Circuit Court

C. Parking compliance information: number of garage and/or carport spaces, number of rental unit bedrooms, maximum number of automobiles allowed outside of garage/carport, location of spaces accommodated on improved or stabilized driveway. Parking accommodations will be inspected by the code enforcement officer during initial and renewal inspections.

D. Verification that state license fire protection items have been provided in the vacation rental unit: smoke alarms, emergency lighting, fire extinguisher. These items will be inspected by the code enforcement officer during initial and renewal inspections.

E. Unit interior under air information: number of bedrooms, dimensions and square foot area of living room, family room, den. These interior areas will be inspected by the code enforcement officer during initial and renewal inspections.

F.f} Acknowledgment from rental unit owner and manager of the following county requirements for vacation rentals.

(1) Prohibition on commercial events at residence (e.g. weddings) (2) Special parking regulations (3) Sea turtle protection regulations (for rental units located east of SR A-1-A) (4) Noise regulations: existing Chapter 974 decibel level limitations and "no

disturbance" hours from 10 pm to 6 am (5) Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats

moored per dock, dock used by unit owner or renter only, no live-aboard use; (all rental units) : no more than 2 boats stored or parked per unit.

(6) Fire safety requirements, well and septic requirements, maximum sleeping occupancy limitations (IF ANY; recommendations to be determined in future committee meeting)

(7) Fines and citation penalties for violations (see attached fine schedule) (recommendations to be determined at :future committee meeting)

Bold Underline: Addition to Text of November Staff Report Strike tllrnugh: Deleted Text from November Staff Report ATTACHMENT F:\Community Development\Short Tenn Vacation Rentals\LocalLicensingandTaxCompliance.docx

1

DRAFT LOCAL VACATION RENTAL LICENSE ITEMS (updated 2-3-16)

G.B Documentation (e.g. photo) of information posted inside the rental lHlit for the following Verification that the following information has been posted inside the vacation rental unit:

(1) Manager contact information (2) Maximum number of parked automobiles and boats, and approved parking location (3) Trash and recycling pick-up days and protocol for placing and retrieving/storing

containers ( 4) Noise regulations: "no disturbance" hours IO pm - 6 am (5) Fire safety, well and septic, occupancy items (IF Al'lY, recommendations to be

determined at future comrn.:ittee meeting) Location of smoke alarms, emergency lighting, and fire extinguisher.

(6) Walk-in clinic, emergency room information (7) Sea turtle protection information (for rental units located east of SR A-1-A (8) Maximum sleeping occupancy (number of persons) per the formula in county

code. This occupancy limit will be confirmed by the code enforcement officer during inspection, will be stated on the issued local vacation rental license, and will be required to be stated in any vacation rental advertisement or rental offering associated with the unit.

This posting requirement will be an item inspected by the code enforcement officer during initial and renewal inspections.

H. The county will issue a license number with each license and that license number will be stated in any vacation rental advertisement or rental offering associated with the unit.

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PROPOSED REVISED SCHEDULE OF FINES

AMENDMENT TO RESOLUTION NO. 92-59 and Resolution 2013-089 Attachment A

CITATION ORDINANCE SCHEDULE OF PENAL TIES & NOTIFICATION TIME FRAMES

VIOLATION TYPE SECTION FINE1 NOTICE TIMEFRAME2

Contracting

Unlicensed contracting 400.01(1) $500 NIA

Contractor advertisement violation 400.01(5) $500 NIA

Licensed contractor or owner-builder 400.01(6) $500 NIA hiring unlicensed contractor(s)

Uninsured contractor violation 400.05 $500 NIA

Fraudulent license 400.07(1) $500 NIA

Deliberate disregard of county 400.07(6) $500 NIA contracting ordinance

Other contracting violations 489.127(F.S.) $500 NIA specified in F.S. Chapter 489 489.132(F.S.)

General

Debris burning w/o permit 925 $450 NIA

Violation of issued burn permit 925 $300 24 hrs.

Boat/trailer storage 911.15(7) $50 48 hrs.

Commercial vehicle storage 911.15(3) $50 48 hrs.

Occupancy w/o C.O. 914/401 $450 24 hrs.

1Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious

threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 3The fine shall be $100 for those violations by a person who has previously been found through the

Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations.

F;\Community Development\Short Term Vacation Rentals\CitationFeeScheduleJtf

AffACHM!NT 2

PROPOSED REVISED SCHEDULE OF FINES


CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES


Building Code violation (w/o 401.06 $450 24 hrs. required permit)

Industrial waste dumping 973 $450 24 hrs.

Junk vehicle 911.15(4) $50 10 days

Noise/vibration violation 974 $50 24 hrs.

R.O.W. violations: - Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1)(g) $100 24 hrs. - Illegal Business 312.06(l)(m) $250 24 hrs. - Obstruction 312.06(1)(c) $100 48 hrs. - Illegal (non-waste) fluid 312.06(1)(e) $100 48 hrs.

dis-charge 312.06(1)(k) $250 NIA - Work without proper traffic 312.06(1)(n) $250 NIA

controls 312.06 $100 48 hrs. - Parade without permit - Other R.O. W. violations

Illegal sign: - Banner 956.12 $100 48 hrs. - Snipe sign - A-frame sign - Other portable sign

Stormwater violation 930 $100 48 hrs.

Vehicle parking & storage 911.15(4) $50 48 hrs.

Sea turtle lighting violation 932.09 $50 24 hrs.

1 Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious



F:\Community Development\Short Tenn Vacation Rentals\CitationFeeSchedule.rtf 2

ATfACHMENT 9.

!PROPOSED REVISED SCHEDULE OF FINES


CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES


Fertilizer and Landscape Management violations:

Timing of fert. app. vio. 316.3 $503 NIA Fertilizer-free zone vio. 316.4 $503 NIA Fertilizer content/app. vio. 316.6, 316.7 $503 NIA Application practices vio. 316.8 $503 24 hrs. Grass clippings/debris vio. 316.9 $503 24 hrs. Comm. license/cert. vio. 316.13 $500 NIA

Vacation Rental

Vehicle arking violation 911.15(4) $50 per vehicle per 24 hrs.* occurrence per day for first violation;

$100 per vehicle per occurrence per day

rfor repeat violations

Failure to obtain or maintain a 911.15(9) $25 per day per 30 business days* county vacation rental license vacation rental unit

Contact information update violation 911.15(9) $100 per violation 24 hrs.*

Commercial Event

Commercial event at residence 911.15(8) $1 ,000 per event for 24 hrs.* Note: due to Florida law, fines first violation; exceeding $500 are assessed through $5,000 per event for the Indian River County Code repeat violations Enforcement Board and not by means of a citation issued by a code enforcement officer. *First and only warning for any given vacation rental unit or single-family residence

1Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious



F:\Community Development\Short Tenn Vacation Rentals\CitationFeeScheduleATTACHMENT

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Documents

Short Term Vacation Rental Advisory Committee Meeting ... · Rental Advisory Committee for 2016. Approval of Minutes of December 10, 2015 – Action Required Dr. Miles Conway requested