Item Coversheet

Committee Assignments - C4  I




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:September  16, 2020
 



SUBJECT:REFERRAL TO THE SEPTEMBER 22, 2020 PLANNING BOARD MEETING OF AN ORDINANCE AMENDING CHAPTER 142 OF THE CITY CODE, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 142-905, “PERMITTED ACCESSORY USES IN SINGLE-FAMILY DISTRICTS,” AT SUBSECTION (B)(5) THEREOF, AND AMENDING SECTION 142-1111, “SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES,” FOR THE LIMITED PURPOSE OF DELETING THE FINE AMOUNTS SPECIFIED THEREIN FOR VIOLATIONS OF THE CITY’S SHORT TERM RENTAL RESTRICTIONS (INCLUDING CORRESPONDING RESTRICTION ON SPECIAL MASTER’S INABILITY TO WAIVE OR REDUCE SAID FINES), AND SUBSTITUTING THEREFOR THOSE FINE AMOUNTS WITHIN THE STATUTORILY-PRESCRIBED LIMITS SET FORTH IN CHAPTER 162, FLORIDA STATUTES.

ANALYSIS

The attached Ordinance, sponsored by Mayor Dan Gelber, has been placed on the September 16, 2020 City Commission Meeting agenda as a referral to the Planning Board. The Ordinance amends the City’s short-term rental regulations for the limited purpose of deleting the fine amounts specified therein (including the corresponding restriction on the Special Master’s inability to waive or reduce said fines) and substituting in their place those fine amounts set forth in Chapter 162, Florida Statutes.[1]  

 

These amendments have been drafted in order for the City to comply with the Third District Court of Appeal’s July 22, 2020 decision in City of Miami Beach vs. Nichols, enjoining enforcement of the City’s short-term rental regulations in City Code Sections 142-905(b)(5) and 142-1111, based upon its finding that the City was preempted by Florida law from imposing its own fines for violations of short-term rental restrictions, and since the City’s fine structure exceeded those established by Chapter 162, Florida Statutes, the City’s fines were thus unlawful.

 

The item is scheduled to be heard by the Planning Board on September 22, 2020.



[1] The amendments only affect the fines imposed for violations of the short-term rental regulations (and delete the corresponding restriction on the Special Master’s inability to waive or reduce said fines); they do not regulate the duration or frequency of rental of vacation rentals, nor do they repeal or otherwise amend remaining unchanged provisions of the City’s subject short-term rental ordinances.

 

 

 

Applicable Area

Not Applicable
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber

ATTACHMENTS:
Description
Referral Ordinance