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.
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.
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
2 AN ORDINANCE OF THE CITY OF MIAMI SPRINGS,
3 FLORIDA, AMENDING CHAPTER 150, “ZONING CODE”
4 OF THE CITY’S CODE OF ORDINANCES BY ADDING
5 SECTION 150-145, “VACATION RENTALS,” WITHIN NEW
6 ARTICLE XIV, “ADDITIONAL REGULATIONS” TO
7 PROVIDE REGULATIONS FOR SUCH USES; PROVIDING
8 FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
10 AN EFFECTIVE DATE.
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.