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Home My WebLink Aboutcocc_p&z_str_email_weeks_20210205S PACE COAST Assod Uion of REACTORS' OFFICERS 2021 Pat Weeks President 30 N. Brevard Ave. Cocoa Beach, FL 32931 Jim Britton President -Elect 476 Hwy Al A #3 B Satellite Beach, FL 32937 Nancy Bartlett Treasurer 1936 Freedom Drive Melbourne, FL 32940 Kerry Ramage Secretary 6022 Farcenda Place #101 Melbourne, FL 32940 Melissa Goldman Immediate Past President 6767 North Wickham Rd. Suite 400 EE FF Melbourne, FL 32940 Leah M. Selig, RCE Chief Executive Officer Directors Louise McLean 2021 Lynn Whelpley 2021 Tammy Crisafulli 2022 Mitch Ribak 2022 Omar Capellan 2023 Rusty Melle 2023 Donna Tidwell 2023 Robin Turner 2023 Ex-Officio NAR Director Mike Artelli Space Coast Association of REALTORS®, Inc. 2950 Pineda Plaza Way, Melbourne, FL 32940 Phone: 321-242-2211 Fax: 321-255-7669 www.SpaceCoastMLS.com February 5, 2021 Cape Canaveral City Council 100 Polk Avenue Cape Canaveral, FL 32920 Subject: Recommendations for Consideration of a Vacation Rental Ordinance Dear Mayor Hoog and Members of the City Council, REALTOR` The Space Coast Association of Realtors® represent over 5000 Realtors® and Business Partners in Brevard County. We would appreciate the opportunity to make recommendations to help improve and maximize the effectiveness of any short-term rental ordinance you may consider in your city. The Space Coast Association of Realtors® shares your concerns that short-term rentals should not infringe upon the quality of life or create disturbances in Cape Canaveral's great neighborhoods. We also hold as a basic principle the importance of private property rights, and that property rights should not be infringed upon because of the actions of a select few. Instead, in order to achieve our shared goals, we need an ordinance that encourages compliance, does not punish the vast majority of homeowners electing to rent their homes as short-term rentals, and holds those violating the rules accountable for their actions. We believe the following ideas achieve these objectives. We appreciate you taking the time to consider the ideas and practices outlined below. Chronic Nuisance Ordinance Officials have communicated concerns over short-term rentals being utilized as 'party houses,' including some in a chronic sense. This is perhaps the biggest concern relating to short-term rentals. That is why it is imperative that any short-term rental ordinance include a new and comprehensive'chronic nuisance ordnance.' Many city's ordinances currently on the books relate mostly to noise, parking, and trash etc. and don't have language relating to party houses. However, most include "excessive noise" as an example of what can be defined as a public nuisance. Any current nuisance ordinance could be strengthened to correct this issue relating to 'party houses' and a select few chronically troubled short-term rentals. Three Florida cities have successfully enacted strong, meaningful chronic nuisance ordinances, which are outlined below, and are tied to the homeowner, not the renter that is passing through. While we may not agree with every aspect of these ordinances, we are hopeful you will be open to discussing, and feel that similar language would benefit the City of Cape Canaveral. Links to Successfully Enacted Chronic Nuisance Ordinances in the State of Florida: City of West Palm Beach Cit of Dunedin Cif of St.ITPeteITBeach The Voice for Real Estate in the Brevard Market Another specific issue raised by officials in many cities is the practice of some short-term rentals being utilized for special events such as weddings, etc. The City of Cape Canaveral's existing vehicle parking ordinance is fairly clear and comprehensive. No parking is allowed on any public street other than in a properly marked space or in nearby vending machine parking areas. Naturally, large events in residential neighborhoods create parking difficulties and congestions. It is recommended that the City of Cape Canaveral enact language requiring those renting short-term rentals for purposes of such events in these residential neighborhoods to apply for a permit and contract the services of a valet parking service and agree to follow all of the existing rules. Example Sanibel, FL Special Event Permit: http: www.mysanibel.com 'content download 21497 129138, Ins ections There is not a specific mandatory inspection frequency or requirement in the State of Florida for the operation of a shot -term rental. Rather, inspections are performed upon complaint. After a complaint is filed, the Florida Department of Business and Professional Regulation (DBPR) conducts an inspection of the site to ensure certain standards are met. Such standards include matters of safety, sanitation, consumer protection and other applicable regulations. We are concerned that the warrantless inspections of homes may leave the City of Cape Canaveral prone to lawsuits, leaving us empty handed and bringing us back to the very beginning of the process of striking a balance and solving this issue. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. As you may know, the Florida Attorney General Opinion 2002-27 states that "a local government code inspector is not authorized to enter onto any private, commercial or residential property to assure compliance with or to enforce the various technical codes or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises." Additionally, while discussing this issue with our partners at the National Association of Realtors® and the Florida Realtors® to further explore this issue throughout various parts of the nation and state, they pointed us to several court cases that have raised some concerns. Links summarizing the cases are as follows: • Camara v. Munici al Court of the City and County of San Francisco • Baker et al v. Portsmouth Ohio City off et a_I • Kal Trautwein et al v. Cityof Hi h� land4 California et al Naturally, we wish to help the City of Cape Canaveral achieve its safety goals while avoiding legal pitfalls. Sim le Online Registration/Reasonable Fees We have found in many Florida cities that an exorbitant registration fee is unlikely to move the city closer to accomplishing the goal of greater compliance with the law so it can properly monitor and regulate short-term rentals. To increase compliance with the registration requirement, the process must be simple and the fees low. As an example, the City of Denver, Colorado, has a simple on-line registration process and a low $25 fee, thus resulting is an estimated 60% compliance rate. We strongly encourage the City of Cape Canaveral to consider a simple on-line registration process and a reasonable fee structure. Below are links to several models/best practices from across the nation: 1. See Denver model; 2. See Cit.of Santa Fe; 3. See Boulder, CO. The Voice for Real Estate in the Brevard Market Online Short -Term Rentals Web Portal In order to further encourage owners of short-term rental properties into compliance, we encourage the City of Cape Canaveral to develop an online short-term rentals web portal, which would serve as a one -stop -shop for all information related to short-term rentals. It would include information regarding: • How to register with the City; • Ways to report complaints to the City; • List of any applicable City rules and regulations/ordinances pertaining to short-term rentals. Here are some examples of Online Short -Term Rentals Web Portals: City of Denver Ci of Denver FAQ CityL9f Hallandale Beach City of Destin The Space Coast Association of Realtors® are grateful to the Mayor and City Council for their dedication to Cape Canaveral and their work on this highly sensitive issue. Our sincere goal with regards to the vacation rental issue is to provide counsel to you during the process, and to encourage and support solutions that we feel protect the uniqueness of our city but also protect the property rights of our citizens. We feel these suggestions will assist in creating the solution to where all parties involved would be satisfied, while still bringing in the revenue to the City of Cape Canaveral for a strong economy. Regards, patYI,CI,ct wee izs Patricia Weeks, 2021 President Space Coast Association of Realtors® The Voice for Real Estate in the Brevard Market