Nobody wants to have their next door neighbor turn a regular single family home into a short term rental property with strangers staying next door every week.  But services like Air BNB have invaded Miami Springs and it has caused real conflicts for our community.

As you probably already know, Miami Springs homes are being rented out for weekend parties.  We found the following home, located at Deer Run and Curtiss Parkway listed for hosting up to 16 people for 3 nights for $2,049.

Ironically, a member of our community recently posted on Facebook of an alleged armed robbery that occurred near this home on November 15, 2020.

The post was placed on the Miami Springs Community Group on Facebook and stated as follows:

“My brother and his girlfriend got robbed at gunpoint yesterday on Curtis and deer run. Right at the corner in front of a house. Guy came out from behind a car. Please be careful.”

According to further details posted, the incident occurred around 1am on Sunday morning, November 15, 2020.

The alleged suspect was described as “Younger male, about 5’6, African American, had a blue half mask and a 380 on him. Just FYI. Stole my brother chain and took their phones and dropped them together In the golf course. So a young kid but the gun was definitely loaded. My brothers head is swollen.”

We asked if a Police Report had been filed.  Jessica replied by stating “They immediately drove to the cops. My brothers head was very swollen. They found the phones bc I have location services on for him and I saw where it was.”

Obviously, we are disturbed to hear about this alleged incident of an armed robbery in quiet Miami Springs at 1am on a Sunday morning.  Heck, it bothers us to hear when this happens on NW 36th Street where we know we have a transient population.

Party home rental posted on Twitter for a home located on Deer Run and Curtiss Parkway.

The problem we’re seeing is that we’re getting a transient population of tourists and party goers who can invade Miami Springs for a weekend and have no care for the long term care and value of our neighborhood.

Party home rental posted on Twitter for a home located on Deer Run and Curtiss Parkway.
Party home rental posted on Twitter for a home located on Deer Run and Curtiss Parkway.

As a result, the City of Miami Springs’ City Council will be taking the issue up on Monday’s Meeting.  The City will have the 1st reading of a new ordinance as follows:

1  ORDINANCE NO. – 2021
11  WHEREAS, the City of Miami Springs (the “City”) has adopted land development
12  regulations, which are codified in Chapter 150 of the Code of Ordinances of Miami
13  Springs, Florida (the “Code”), to facilitate safe and orderly growth which forms an integral  part of the community; and
15  WHEREAS, the City Council desires to update and revise the standards in the land
16  development regulations; and
17  WHEREAS, the City has determined, upon examination of the issue, that the
18  transient use of residential dwellings in the City has a negative effect on the residential 19  character of the community and that it is necessary and in the interest of the public health, 20  safety, and welfare to monitor and provide reasonable means for the City to mitigate 21  impacts created by such transitory uses of residential property within the City; and 22  WHEREAS, Chapter 2011-119, Laws of Florida, created a new classification of 23  public lodging establishment known as “vacation rental,” which is defined in Section 24  509.242(1)(c), Florida Statutes, as “any unit or group of units in a condominium or 25  cooperative or any individually or collectively owned single-family, two-family, three26  family, or four-family house or dwelling unit that is also a transient public lodging 27  establishment but that is not a timeshare project.”; and 28  WHEREAS, Section 509.032(7)(b), Florida Statutes, provides that local laws, 29  ordinances, or regulations may not prohibit vacation rentals or regulate the duration or 30  frequency of rental of vacation rentals; and 31  WHEREAS, Florida Statutes do not prevent the City from adopting ordinances 32  specific to vacation rentals to address some of the noise, parking, trash and life-safety 33  issues created by the proliferation of vacation rentals in residential neighborhoods; and 34  WHEREAS, unregulated vacation rentals can create disproportionate impacts 35  related to their size, excessive occupancy, and lack of proper facilities; and 36  WHEREAS, the presence of vacation rentals within residential dwelling units in 37  established residential neighborhoods can create negative compatibility impacts, 38  including but not limited to excessive noise, excessive on-street parking, accumulation of 39  trash, and diminished public safety; and 40  WHEREAS, the other classifications of transient public lodging establishments are 41  subject to stricter development standards, undergo annual inspections, and have more 42  stringent operational and business requirements; and 43  WHEREAS, the City finds a substantial interest in furthering the public health, 44  safety, and welfare by controlling density, by protecting the residential character of areas 45  designated for residential use, implementing its comprehensive plan, and establishing 46  and enforcing minimum life safety standards; and 47  WHEREAS, at a duly noticed public hearing on , 2021, 48  the City Council, sitting in its capacity as the Local Planning Agency, reviewed this 49  Ordinance and recommended approval; and 50  WHEREAS, after reviewing the Local Planning Agency’s recommendations, the 51  recommendations of City staff, and comments from the public, the City Council finds that 52  the proposed amendments to its Code of Ordinances and Land Development Regulations 53  are in compliance and consistent with Florida law and with its adopted Comprehensive 54  Plan; and 55  WHEREAS, the City Council finds that this Ordinance is in the best interest and 56  welfare of the residents of the City. 57  NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA, AS FOLLOWS: 1 58  59  Section 1. Recitals. That the above recitals are confirmed, adopted, and 60  incorporated herein and made a part hereof by reference. 61  Section 2. Amending Code. That the Code of Ordinances of Miami Springs, 62  Florida, is hereby amended by adding a section to be numbered 150-145, which said 63  section reads as follows: 64  Sec. 150-145 – Vacation rentals. 65  (a) Definitions. For purposes of this section, the following definitions shall apply: 66  Enclosed shall mean any space enclosed by a roof and four complete solid, floor to 67  roof walls, which may include glass windows. Screening shall not count as a wall. 68  Responsible party shall mean the owner or the person designated by the owner of 69  the property to be called upon to answer for the maintenance of the property and for the 70  conduct and acts of occupants of vacation rental properties. 71  Transient occupants shall mean any person, or guest or invitee of such person who 72  occupies or is in actual or apparent control or possession of residential property registered 73  or used as a vacation rental. It shall be a rebuttable presumption that any person who 74  holds themselves out as being an occupant or guest of an occupant of a vacation rental, 75  or a property used as a vacation rental, is a transient occupant. 76  Vacation rental shall mean any unit or group of units in a condominium or cooperative 77  or any individually or collectively owned single-family, two-family, three-family, or four78  family house or dwelling unit that is rented to guests more than three times in a calendar 79  year for periods of less than 30 days or one calendar month, whichever is less, or which 80  is advertised or held out to the public as a place regularly rented to guests, but that is not 81  a timeshare project. 82  (b) Registration required. It is unlawful for any person to allow another person to occupy 83  any residential property as a vacation rental within the City, or offer such rental 84  services within the City, unless the person has registered the vacation rental property 85  with the City in accordance with the provisions of this section. 86  (c) Application for registration. The application for registration of a vacation rental shall 87  be made to the City manager or his or her designee on a form provided by the City. 88  Submission of an incomplete registration application form shall result in rejection of 89  the application. The application must be signed under oath or affirmation by the 90  property owner and the Responsible Party, and shall set forth at a minimum the 91  following: 92  (1) The address and legal description of the property offered for rental. 93  (2) Proof of ownership of the property, including the name, address and phone 94  number of each person or entity with an ownership interest in the property. 95  (3) The gross square footage of the property and of that portion of the dwelling unit 96  to be used for the vacation rental, including the number of rooms, bedrooms, 97  kitchens and on-site parking spaces attributable to the vacation rental use. 98  (4) A valid and current federal employer tax identification number for the owner(s) 99  of the property, when owned by a corporate entity. 100  (5) Proof of licensure with, or exemption from, the state department of business 101  and professional regulation for a transient public lodging establishment. 102  (6) The name, address, e-mail address, and 24-hour phone number of the person 103  who will act as the responsible party operating the vacation rental property. The 104  responsible party phone number shall be answered at all times, 24 hours a day, 105  seven days a week. 106  (7) The name and contact information for any listing services on or through which 107  the vacation rental is to be offered for rent. 108  (8) The application shall bear the signatures of all owners, authorized agents, 109  authorized property managers and the responsible party. 110  (9) The owner of the property and the responsible party must individually 111  acknowledge the affirmative duty to ensure compliance with the requirements of 112  this section, including the owner and responsible party requirements of this 113  section. Page 4 of 10 114  (10) Acknowledgement that the application and any related approvals are specific 115  to the property identified in the application and approval; other properties are not 116  jointly shared commodities and shall not be considered available for use by 117  transient occupants of the property which is the subject of the application. 118  (11) A statement that insurance coverage will be in effect at all times while the 119  property is use as a vacation rental to cover liability for injury or harm to transient 120  occupants or other invitees, and acknowledging that a standard homeowners’ or 121  renter’s insurance policy may not necessarily provide such liability coverage while 122  the property is used as a vacation rental. 123  (d) Responsible party required. Whenever any property is required to be registered 124  under this section, the owner shall act as, or retain at all times, an appointed person 125  capable of meeting the duties and requirements provided in subsection (f). The 126  designated responsible party must reside within 30 miles of the vacation rental 127  property to serve as the responsible party for service of notices as are specified 128  herein. Notices given to the responsible party shall be sufficient to satisfy any 129  requirement for notice to the owner. An initial responsible party shall be designated 130  and shall participate in the application for registration, and the City manager or his or 131  her designee shall thereafter be notified of any change of responsible party within 15 132  days of such change. 133  (e) Fees for registration. The City may charge reasonable fees for registration to 134  compensate for administrative expenses which shall be set by resolution of the City 135  council. 136  (f) Owner and responsible party requirements. In addition to general compliance with 137  all federal, state, county and local laws, it is the affirmative duty and responsibility of 138  the owner and the responsible party, individually and collectively, to adhere to the 139  following: 140  (1) Inform all guests, in writing, prior to occupancy of the property, of all applicable 141  City ordinances concerning noise, vehicle parking, solid waste collection, and 142  common area usage. This information shall also be made available to each 143  transient occupant inside the property; 144  (2) Maintain the property under their control in compliance with the occupancy 145  limits, as specified in this section, the minimum housing standards of the county, 146  fire codes, specific requirements of the state building code and the City Code, as 147  determined by the City manager, building official or respective designee; 148  (3) Ensure that, at all times: 149  a. All vehicles associated with the vacation rental are parked in compliance 150  with the City Code; and 151  b. The entire property, including the front, back, and side yards, is maintained 152  free of garbage and litter, provided however, that this subsection shall not 153  prohibit the storage of garbage and litter in authorized receptacles for 154  collection; and  155  c. All transient occupants are aware that it shall be unlawful to allow or make 156  any noise or sound that exceeds the limits set forth in section 99-03 of the 157  City Code; and 158  d. All transient occupants are aware that unauthorized occupants of any 159  structure or conveyance of the property that have been warned by the owner 160  or lessee to leave and refuse to do so commit the offense of trespass of a 161  structure or conveyance and will be charged under the State of Florida and 162  local law; and 163  e. The provisions of this section are complied with and promptly address any 164  violations of this section or any violations of law which may come to the 165  attention of the responsible party; and 166  f. He or she is available with authority to address and coordinate solutions to 167  problems with the rental of the property at all times, 24 hours a day, seven 168  days a week and be physically present at the property within two hours of 169  notification to respond to emergencies, noise complaints, events that are 170  being held without required permits, maximum occupancy violations, and 171  other occurrences determined by the Police to require the presence of the 172  owner or responsible party; and 173  g. He or she keeps available a register of all transient occupants, which shall 174  be open to inspection by the City; and 175  h. No rental is made, or occupancy allowed by, any person on the Florida 176  Sexual Offenders and Predators (FDLE) database or any other state sex 177  offender database consistent with the requirements of section 130-06 178  “Sexual offenders and sexual predators” of the City Code. 179  (g) Standards and requirements for vacation rentals. 180  (1) Registration. The City manager or his or her designee may issue a registration 181  to an applicant upon proof that the owner or responsible party has: 182  a. Submitted a complete vacation rental registration application form including 183  appropriate documentation of compliance with applicable state department 184  of revenue and state department of business and professional regulation 185  requirements; and 186  b. Submitted the applicable registration fee; and 187  c. Provided an affidavit, demonstrating initial and on-going compliance with 188  vacation rental standards contained herein, plus any other applicable local, 189  state and federal laws, regulations and standards to include, but not be 190  limited to F.S. ch. 509, and Rules, Chapter 61C and 69A, Florida 191  Administrative Code; and 192  d. Provided a copy of the rental/lease agreement form to be used when 193  contracting with transient occupants which includes the minimum transient 194  occupant information required by subsection 150-145(g)(2)b., below; and Page 6 of 10 195  e. No pending or outstanding code enforcement violations or liens against the 196  property; 197  f. Subsequent to the issuance of a registration, a business tax receipt from the 198  City pursuant to chapter 113 of the City Code shall be obtained. 199  (2) Vacation rental standards. The following standards shall govern the use of any 200  vacation rental as a permitted use: 201  a. Maximum occupancy. Maximum overnight occupancy for vacation rentals 202  shall be up to a maximum of two persons per bedroom, plus two additional 203  persons per property, up to a maximum of 10 persons, excluding children 204  under three years of age. At all other times, maximum occupancy for 205  vacation rentals shall not exceed the maximum overnight occupancy of the 206  vacation rental plus four additional persons per property, up to a maximum 207  of 14 persons, excluding children under three years of age. For purposes of 208  this subsection, “overnight” shall mean from 11:00 p.m. until 7:00 a.m. the 209  following day. Notwithstanding the foregoing, at no time may the occupancy 210  of a vacation rental exceed the maximum occupant load for the property 211  under the Florida Building Code. 212  b. Minimum vacation rental transient occupant information. The following 213  information shall be posted conspicuously within the property and shall be 214  provided to each vacation rental lessee as part of their lease: 215  1. The maximum occupancy permitted under the certificate of registration; 216  2. A statement advising the occupant that it is unlawful to allow or make 217  any noise or sound that exceeds the limits set forth in chapter 99, “Noise,” 218  of the City Code and such violation is subject to City code enforcement, 219  including but not limited to fines of up to $500.00 per violation; 220  3. A notice that all unauthorized occupants of any structure or conveyance 221  of the property that have been warned by the vacation rental agent, 222  owner or registered transient occupants to leave and refuse to do so 223  commit the offense of trespass of a structure or conveyance and will be 224  charged under the state and local law; 225  4. A sketch of the location of the off-street parking spaces available to the 226  property; 227  5. The days and times of trash pickup and the solid waste handling and 228  containment requirements of this division; 229  6. A list of uses prohibited on the property which shall include use of the 230  property as a party, event or entertainment venue; 231  7. The location of the nearest hospital; and 232  8. The local non-emergency police phone number. 233  c. Use. The following limitations apply to the use of the property: Page 7 of 10 234  1. The provisions of chapter 99, “Noise” of the City Code shall apply at all 235  times which prohibits loud, unnecessary, excessive, or unusual noise. 236  In addition, outdoor amplified sound at a vacation rental shall not be 237  permitted at any time. 238  2. No more than four unregistered guests may be present on the property 239  at any given time and no unregistered guests may remain on the property 240  after 11:00 p.m. 241  3. The vacation rental may not be used or advertised for any commercial 242  or non-residential use, including use of the property as a party, event or 243  entertainment venue. 244  d. Advertising. Any advertising of the vacation rental unit by the owner on any 245  service shall conform to information included in the vacation rental certificate 246  of registration and the property’s approval, and shall include at a minimum, 247  identification of the maximum occupancy permitted on the property. The 248  owner or responsible party shall ensure that the name and contact 249  information for any listing services on or through which the vacation rental is 250  to be offered for rent which was provided in the application is updated with 251  the City to reflect any changes and maintain with the City at all times a list of 252  current listing services. 253  e. Posting of certificate of registration. The certificate of registration shall be 254  posted on the back of or next to the main entrance door and shall include at 255  a minimum the name, address and phone number of the responsible party 256  and the maximum occupancy of the vacation rental. 257  f. Other standards. The occupant shall be advised that all standards contained 258  within the Code of Ordinances and land development regulations of the City 259  including, but not limited to: noise, parking, and property maintenance, are 260  applicable to the vacation rental and may be enforced against the occupant. 261  (h) Sale or transfer of dwelling unit used for vacation rentals. Whenever a dwelling 262  used for vacation rentals is sold or otherwise changes ownership and the new owner 263  desires to use the dwelling for vacation rentals, the new owner must, prior to allowing 264  any vacation rental use submit a new vacation rental registration application. 265  (i) Administration, penalties, and enforcement. 266  (1) Annual registration of vacation rentals. All vacation rental registrations shall be 267  renewed annually with the City upon payment of the renewal fee and verification 268  that there are no outstanding code violations or liens on the property. Any 269  violations must be corrected and any fines or liens paid prior to renewal of the 270  registration. Failure to correct outstanding violations in the timeframes provided 271  shall result in the denial of an initial application or suspension of the vacation 272  rental registration until such time as the violations are corrected and inspected. 273  When reviewing an application for registration, the City Manager or designee 274  shall consider the violation history of the property identified in the application. If 275  the violation history shows three or more violations of this section within the 276  preceding twelve months, a certificate of registration shall not be issued or Page 8 of 10 277  renewed unless and until all pending and outstanding violations or liens are first 278  satisfied and corrected. 279  (2) Registration not transferable. No registration issued under this section shall be 280  transferred or assigned or used by any person other than the person to whom it 281  is issued, or at any location other than the location for which it is issued. 282  (3) Expiration of registration. All registrations issued under the provisions of this 283  section shall be valid for no more than one year, and all registrations shall expire 284  on September 30 of each year. Fees for renewal shall be established by 285  resolution of the City council. In the event of a failure to renew the vacation rental 286  registration prior to the expiration date, a new application for registration of a 287  vacation rental shall be required. 288  (4) Revocation. In addition to, or as an alternative to, the penalties of subsection 289  (5) below, any vacation rental registration issued pursuant to this section may be 290  denied, revoked, or suspended by the City manager upon the adjudication of a 291  violation of this section, any City ordinance, or state law by the responsible party, 292  owner, or transient occupant attributable to the property for which the vacation 293  rental registration is issued. Such denial, revocation or suspension is in addition 294  to any other penalty or remedy available at law. 295  (5) Offenses/violations. 296  a. Fine. A violation of any of the provisions of this section is punishable by a 297  fine of up to $250.00 per violation. Each day a violation occurs shall constitute 298  a separate violation. Repeat violations shall be punishable by a fine of up to 299  $500.00 per violation. 300  b. Suspension of vacation rental registration. In addition to any fines and any 301  other remedies described herein or provided for by law, a vacation rental 302  registration shall be suspended for multiple violations of the maximum 303  occupancy, parking requirements, noise ordinance, failure to advertise the 304  maximum occupancy, or any other requirements of this section, in any 305  continuous 48-month period, in accordance with the following suspension 306  timeframes: 307  1. Upon finding of a second violation, the vacation rental registration shall 308  be suspended for a period of 30 calendar days. 309  2. Upon finding of a third violation, the vacation rental registration shall be 310  suspended for a period of 12 calendar months. 311  3. For each additional violation, the vacation rental registration shall be 312  suspended for an additional 12 calendar months. 313  c. Suspension restrictions. A vacation rental may not provide transient 314  occupancy during any period of suspension of a vacation rental registration. 315  The suspension shall begin immediately following notice of the suspension 316  commencing either at the end of the then current vacation rental lease period; 317  or within 30 calendar days, whichever is earlier, or as otherwise determined 318  by the City’s Code Compliance Board. Page 9 of 10 319  d. Operation during any period of suspension shall be deemed a violation 320  pursuant to this section and shall be subject to a daily fine, up to the maximum 321  amount as otherwise provided in Florida Statutes for repeat violations, for 322  each day that the vacation rental operates during a period of violation. 323  (j) Vesting. 324  (1) Vacation rentals existing as of [INSERT EFFECTIVE DATE OF ORDINANCE], 325  shall be considered vested vacation rentals only as related to contracts entered 326  prior to [INSERT EFFECTIVE DATE OF ORDINANCE]. Rental/lease agreements 327  that were entered into prior to [INSERT EFFECTIVE DATE OF ORDINANCE], as 328  evidenced by a written and validly executed rental/lease agreement or contract 329  provided to the City manager no later than [INSERT THREE MONTHS AFTER 330  EFFECTIVE DATE OF ORDINANCE], shall be considered vested. 331  (2) Vesting shall: 332  a. Apply only to date specific rental agreements; and 333  b. Not apply to renewals of existing rental agreements or contracts which are 334  at the option of either of the parties. 335  (3) All rental agreements entered into after [INSERT EFFECTIVE DATE OF 336  ORDINANCE], shall comply with the provisions of this section. No vacation rental 337  shall be occupied pursuant to a contract/lease entered into after [INSERT 338  EFFECTIVE DATE OF ORDINANCE], until the owner has registered the property 339  as a vacation rental. 340  (4) A vested contract/lease transferred to a subsequent owner shall continue to be 341  vested, but shall not be transferred to a different vacation rental property, 342  provided the new owner complies with the registration requirements of this 343  section. 344  Section 3. Conflicts. All Sections or parts of Sections of the Code of 345  Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of 346  Resolutions, in conflict with this Ordinance are repealed to the extent of such conflict. 347  Section 4. Severability. That the provisions of this Ordinance are declared to 348  be severable and if any section, sentence, clause or phrase of this Ordinance shall for 349  any reason be held to be invalid or unconstitutional, such decision shall not affect the 350  validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but 351  they shall remain in effect, it being the legislative intent that this Ordinance shall stand 352  notwithstanding the invalidity of any part. 353  Section 5. Codification. That it is the intention of the City Council and it is 354  hereby ordained that the provisions of this Ordinance shall become and be made a part 355  of the City Code, that the sections of this Ordinance may be renumbered or relettered to 356  accomplish such intentions, and that the word Ordinance shall be changed to Section or 357  other appropriate word.



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