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Bellelair Bluffs City Zoning Code

ARTICLE XXIX

REGULATION OF RENTALS OF RESIDENTIAL PROPERTY

Sec. 102-213.- Applicability.

This article shall be applicable to the rental of all attached dwellings, detached dwellings, dwelling units, and accessory dwellings, as such terms are defined in section 102-214 of this article, within the City of Belleair Bluffs, but shall not apply to hotels, motels, resort condominiums, as defined in F.S. § 509.242.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-214. - Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates and requires a different meaning.

CITY — The City of Belleair Bluffs, Florida.

DAYS — Consecutive calendar days.

LOCAL — Within Pinellas, Pasco, Hillsborough or Manatee Counties.

MAYOR — The Mayor of the City of Belleair Bluffs or other person(s) designated by the Mayor to carry out the enumerated responsibilities of the Mayor in this article.

OWNER — Every person, entity, service company, property manager or real estate broker, who alone or severally with others:

(1)

Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or

(2)

Has care, charge or control of any dwelling, dwelling unit, parcel of land, vacant or otherwise in any capacity including but not limited to agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title; or

(3)

Is a mortgagee in possession of any such property; or

(4)

Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.

PROPERTY — Any real, residential property, or portion thereof located in the City of Belleair Bluffs, including building or structures situated on the property. For purposes of this article only, property does not include property owned or subject to the control of the city or any of its governmental bodies.

RESIDENTIAL PROPERTY — Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-215. - Registration of rental properties; requirement for occupational license; duty to provide written notice of rental property.

A.

All owners must register rental properties with the city on forms provided by the city. All registrations must state the individual owner's or agent's phone number and mailing address located within the state. The mailing address may not be a post office box. All registrations shall state each tenant's phone number and mailing address located within the State. The mailing address may not be a post office box unless a physical mailing address is also stated. The owner and/or registrant shall designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This designation shall state the individual or company's name, phone number, and local mailing address.

B.

Prior to renting any residential property, the owner shall make written application to the city for a local business tax receipt/occupational license to engage in the business of renting residential property in such form or forms as the city shall, from time to time, designate, together with such fees as the city commission may, from time to time, adopt by resolution. For residential rental properties on a single real estate parcel containing no more than two dwellings, only a single occupational license shall be required. Such license shall be renewed for any rental property no later than October 1 of each year.

C.

Once the property is no longer rented, the owner shall provide written notice to the city.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-216. - Duration of lease; maximum tenancies per year.

Residential rental properties must be leased or rented to each tenant for a minimum three-month term; and there shall be no more than four separate tenancies at any residential property during any 12-month period.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-217. - Maintenance requirements.

A.

Properties subject to this article must be maintained in accordance with the relevant nuisance, maintenance, sanitary and building codes, and the city's regulations concerning external and/or visible maintenance. The owner, local individual or local property management company must inspect and maintain the property on an annual basis and shall provide a written affidavit to the city within 15 days after each inspection certifying when the inspection was made and that the inspection revealed no condition in violation of the referenced codes and regulations.

B.

Adherence to this section does not relieve the owner of any applicable obligations set forth elsewhere in the Code of Ordinances or within any covenant conditions and restrictions and/or homeowner's association rules and regulations.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-218. - Inspections.

The Sheriffs' Department or other code enforcement staff shall have the authority and the duty to inspect properties subject to this article for compliance and to issue citations for any violations in accordance with the processes and procedures available for code enforcement under the laws of the city. Such Deputy Sheriff or code enforcement staff shall have the discretion to determine when and how such inspections are to be made, provided that its policies are reasonably calculated to ensure that this article is enforced.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-219. - Enforcement and penalties.

A.

The city may enforce the provisions of this article by any means available to the city under the Code of Ordinances of the City of Belleair Bluffs or as may be available under the controlling provisions of state law for violations of local ordinances. The violation of this article shall constitute a Class I offense under the Pinellas County Uniform Fine Schedule for Local Ordinance Violations and each day a violation continues shall be considered a separate offense.

B.

The penalties for violation of this article shall be set forth in the code enforcement method asserted by the city or as may be available under the controlling provisions of state law.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)

Sec. 102-220. - Appeal.

Any person aggrieved by the requirements of this article may seek an administrative appeal to the Mayor within ten days of the action which is sought to be appealed. An additional appeal may be filed to seek review of the Mayor to the Board of Adjustment within ten working days of the action which is sought to be. Any person aggrieved by a final decision issued under this article by the Board of Adjustment, may seek relief in any court of competent jurisdiction as provided by the laws of the state.

(Adopted 5-16-2011 by Ord. No. 2011-04, § 2)