Loading...
Agenda 11/09/2021 Item # 9A (Ordinance - Short Term Vacation Rentals)11/09/2021 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance establishing short-term rental registration requirements for owners of short-term vacation rentals, six months or less, in unincorporated Collier County at a rate of fifty dollars for a one-time non-transferable fee. _____________________________________________________________________________ OBJECTIVE: To adopt an Ordinance establishing short-term rental registration requirements for owners of short-term vacation rentals, six months or less, in unincorporated Collier County at a rate of fifty dollars for a one-time non-transferable fee. CONSIDERATIONS: The presence of short-term vacation rentals in established residential neighborhoods may create community impacts, including, but not limited to, excessive noise, accumulation of trash, on-street parking, and diminished public safety. During their March 19, 2019, meeting (Item 11.B), and May 28, 2019, meeting (Item 11.F), the Board of County Commissioners (Board) discussed options available to address these impacts to protect the quiet enjoyment of neighboring residential units. At their June 25, 2019, meeting (Item 11.E), the Board requested an Ordinance be developed to enhance short-term rental registration requirements that would include a local contact person and provide for enforcement if non-compliant. Accordingly, the intent is to collect current and accurate information regarding short-term vacation rental properties, encourage the appropriate management of these properties, and protect the general health, safety, and welfare of the residents and visitors to Collier County. Staff received direction to advertise the Ordinance establishing short-term rental registration requirements for owners of short-term vacation rentals in unincorporated Collier County at the Board’s October 26, 2021 meeting (Item 16.A.16). Property owners are responsible for all restrictions that may apply to the property being registered as a short-term vacation rental. Collier County will not be responsible for individual restrictions that may apply. The registration fee will be collected as a Zoning Certificate, Residential for each property registered by the person or entity holding legal title to the short-term vacation rental property, as reflected in the Collier County Tax Collector's records. A change in ownership or representative requires a new application to be submitted and a new registration fee collected. All fees are non-refundable. Payment is required within 30 days from issuance of the payment slip. Registration will not be considered valid until fees are paid and the Registration Certificate issued. Failure to complete registration of a short-term vacation rental property before April 3, 2022, shall be punishable as provided by the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and shall be subject to a fine or civil citation up to $500 per violation per day for ongoing repeating violations. Each day of renting a short-term vacation rental unit without having a valid County Registration Certificate issued pursuant to this Ordinance shall constitute a separate and distinct violation of this Ordinance. The Collier County Tax Collector Office will mail notifications to the person or entity holding legal title to a short-term vacation rental property 30 days prior to the effective date of January 3, 2022. FISCAL IMPACT: There is no fiscal impact associated with this action. It is anticipated that the registration fee revenues collected (into “Planning Services” Fund 131) will be offset by the payroll costs 9.A Packet Pg. 33 11/09/2021 for providing the service, and therefore, will be fiscally neutral. This is an already establish fee for zoning services within the adopted Growth Management Fee Schedule. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To adopt an Ordinance establishing short-term rental registration requirements for owners of short-term vacation rentals in unincorporated Collier County at a rate of fifty dollars for a one-time non-transferable fee, to go into effect January 3, 2022. Prepared by: James French, Deputy Department Head, Growth Management Department ATTACHMENT(S) 1. Final- Short-Term Rental Registration Ordinance (PDF) 2. legal ad - agenda ID 20481 (PDF) 9.A Packet Pg. 34 11/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 20481 Item Summary: Recommendation to adopt an Ordinance establishing short-term rental registration requirements for owners of short-term vacation rentals, six months or less, in unincorporated Collier County at a rate of fifty dollars for a one-time non-transferable fee. Meeting Date: 11/09/2021 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 10/29/2021 9:56 AM Submitted by: Title: Division Director - Operations Support – Growth Management Operations & Regulatory Management Name: Kenneth Kovensky 10/29/2021 9:56 AM Approved By: Review: Growth Management Department Diane Lynch Growth Management Department Completed 10/29/2021 9:56 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 10/29/2021 10:31 AM Growth Management Department Diane Lynch Transportation Skipped 10/26/2021 7:45 PM Growth Management Department James C French Growth Management Completed 11/01/2021 8:41 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2021 8:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2021 8:56 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2021 10:47 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/03/2021 3:47 PM Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM 9.A Packet Pg. 35 1 ORDINANCE NO. 2021 -_____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING SHORT-TERM RENTAL REGISTRATION REQUIREMENTS FOR OWNERS OF SHORT-TERM VACATION RENTALS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 125, Florida Statutes, the Board of County Commissioners may adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of Collier County, except where prohibited by law; and WHEREAS, short-term vacation rentals situated in single-family residential neighborhoods is a growing interest; and WHEREAS, these regulations do not regulate duration or frequency of rentals, but are intended to address the impacts of transient occupants on established residential neighborhoods; and WHEREAS, the Board finds that the measures required by this Ordinance will help maintain residential use and enjoyment for Collier County citizens and residents. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section One: Title This Ordinance shall be known and cited as “The Collier County Short-Term Vacation Rental Registration Ordinance.” Section Two: Legislative Findings and Intent The Board hereby finds that the use of residential dwellings for short-term vacation rentals in established residential neighborhoods may create community impacts, including, but not limited to, excessive noise, accumulation of trash, on-street parking and diminished public safety; that to lessen these impacts and to protect the quiet enjoyment of neighboring residential units it is necessary to have a known, responsible person to contact who can reasonably address issues that may arise from the use of short-term vacation rentals, many of which are owned by non-residents; and that some owners of short-term vacation rentals may not properly remit required taxes and fees. Accordingly, it is the intent of this Ordinance to collect current and accurate information regarding short-term vacation rental properties and to encourage 9.A.a Packet Pg. 36 Attachment: Final- Short-Term Rental Registration Ordinance (20481 : Adopt Short Term Vacation Rental Ordinance) 2 the appropriate management of these properties in order to protect the general health, safety and welfare of the residents and visitors to Collier County. Section Two: Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings set forth herein: Designated Responsible Party. The term “Designated Responsible Party” means any person eighteen (18) years of age or older designated by the Owner, tasked with responding to requests or complaints and other problems relating to or emanating from the Short-Term Vacation Rental. An Owner may retain a private property management company to serve as the Designated Responsible Party. The Designated Responsible Party shall be the agent of the Owner authorized to accept County-issued citations and notices of violation arising from the use of the Short-Term Vacation Rental. Owner. The term "Owner," shall mean the person or entity holding legal title to the short-term vacation rental property, as reflected in the Collier County Tax Collector's records. Short-Term Vacation Rental. A “Short-Term Vacation Rental” means the rental of any habitable space, including a room, apartment, living quarters, in any residential building, including but not limited to condominiums, single-family or multi-family homes, for a term of six months or less, as provided in F.S. § 125.0104(3)(a), as amended, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of F.S. Ch. 212. Traditional hotels, motels, timeshare projects, and bed and breakfast inns, as defined by Ch. 509, Florida Statute, are not included in this definition and are exempt from this Ordinance. Section Three: Short-term Vacation Rental Requirements Prior to commencing any Short-Term Vacation Rental, it is the affirmative duty of the Owner to: 1. Register with the Florida Department of Business and Professional Regulation and the Collier County Tax Collector. 2. Obtain a Collier County Registration Certificate for each Short-Term Vacation Rental unit owned. The Certificate must identify that unit’s Designated Responsible Party and current contact information. The Owner must notify the County in writing of any changes in ownership or of the Designated Responsible Party within ten (10) business days of such change. 3. Inform all guests prior to occupancy of the Short-Term Vacation Rental unit of all applicable Collier County ordinances, including noise, parking, and garbage. 9.A.a Packet Pg. 37 Attachment: Final- Short-Term Rental Registration Ordinance (20481 : Adopt Short Term Vacation Rental Ordinance) 3 4. Maintain all Short-Term Vacation Rental units under their control in compliance with the occupancy limits, as specified in the Collier County Code of Ordinances, Collier County Land Development Code, Florida Building Code, and Florida Fire Prevention Code. 5. Be available in person or by telephone or have the Designated Responsible Party available in person or by telephone twenty-four (24) hours a day, seven (7) days a week to address any law enforcement action, emergency response, or County ordinance violation arising from the rental of the Short-Term Vacation Rental unit and be willing and able to be onsite to address violations within the next day of notification. 6. Maintain the Short-Term Vacation Rental unit as specified in the Collier County Property Maintenance Code (Ord. No. 2010-02, as amended). 7. Include the Collier County Rental Registration Number of the Short-Term Vacation Rental unit in all advertising of the availability of accommodations for the Short-Term Vacation Rental unit. Advertising includes, but is not limited to print, radio, video, online, social media, and sharing economy platforms. Section Four: Penalty for Violations. Any violations of this Ordinance may be prosecuted and shall be punishable as provided by the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended), and shall be subject to a fine or civil citation up to $500 per violation per day for ongoing repeating violations. Each day of renting a Short-Term Vacation Rental unit without having a valid County Registration Certificate issued pursuant to this Ordinance shall constitute a separate and distinct violation of this Ordinance. Guests and Owners of Short-Term Vacation Rental units may be prosecuted separately and concurrently for a violation of any Collier County Ordinance, including but not limited to noise, parking, and garbage violations. Section Five: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 9.A.a Packet Pg. 38 Attachment: Final- Short-Term Rental Registration Ordinance (20481 : Adopt Short Term Vacation Rental Ordinance) 4 Section Six: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any other appropriate word. Section Seven: Effective Date. This Ordinance shall become effective as of January 3, 2022. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ______ day of ________________, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of Courts COLLIER COUNTY, FLORIDA By: _____________________________ By:______________________________ , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 9.A.a Packet Pg. 39 Attachment: Final- Short-Term Rental Registration Ordinance (20481 : Adopt Short Term Vacation Rental Ordinance) 9.A.b Packet Pg. 40 Attachment: legal ad - agenda ID 20481 (20481 : Adopt Short Term Vacation Rental Ordinance)