This section shall apply to all structures used for the purposes of short term vacation rentals as permissible commercial businesses when operating within the single family ("S"), medium density ("RM 2"), and medium density duplex residential ("RM 1") districts.

(Ord. No. 2018-01, § 2, 9-11-2018)

The following terms as used on this article are defined as set forth hereinafter:

Bedroom: The term "bedroom" shall have the same meaning as in F.S. § 381.0065(2)(b). Throughout this chapter, the term "sleeping room" shall mean the same thing as a "bedroom."

Designated responsible party: The owner, or any person 18 years of age or older designated by the owner, tasked with responding to requests for inspections, complaints, and other problems relating to or emanating from the short-term vacation rental of the transient public lodging establishment. There shall only be one designated responsible party for each short-term vacation rental. An owner may retain a private property management company to serve as the designated responsible party.

Owner: The term "owner," shall mean the person or entity holding legal title to the short term vacation rental property, as reflected in the Pinellas County Tax Collector's records.

Short-term vacation rental: A structure which is also a "transient public lodging establishment," within the single family ("S"), medium density ("RM 2"), and medium density duplex residential ("RM 1") districts. As used in this chapter, the term short term vacation rental shall mean the same thing as a "vacation rental."

Transient occupants: Any person or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered or used as a short term vacation rental. There shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of a short term vacation rental is a transient occupant, as defined here.

Transient public lodging establishment: A structure, which is rented to guests more than three times in a calendar year for periods of less than 30 days or more or one calendar month, whichever is less, and which is advertised or held out to the public as a place rented to guests within the single family ("S"), medium density ("RM 2"), and medium density duplex residential ("RM 1") districts. A "transient public lodging establishment" shall be considered a non-residential, commercial business, whether operated for profit or as a not for profit and be subject to the additional requirements of this chapter if the transient public lodging establishment is additionally considered to operate as short term vacation rental as defined herein.

(Ord. No. 2018-01, § 2, 9-11-2018)

Short term vacation rentals shall be permitted in all residential zoning districts provided they are in compliance with this section. No person shall rent or lease all or any portion of a dwelling unit as a short-term vacation rental, as defined in this article, without initially and then on a continuing basis:

(1)

Obtaining a Florida Department of Revenue certificate of registration for purposes of collecting and remitting tourist development taxes, sales surtaxes, and transient rental taxes, if applicable; and

(2)

Obtaining a Florida Department of Business and Professional Regulation license as a transient public lodging establishment, if applicable; and

(3)

After first securing a certificate from the department of revenue, and a license from the Florida Department of Business and Professional Regulation, if applicable, an applicant may then obtain a business tax receipt from the City of Indian Rocks Beach pursuant to chapter 58 of the city's Code of Ordinances.

Upon initial adoption of this section, owners of short term vacation rentals shall have 45 days to submit documentary evidence to the City of Indian Rocks Beach evidencing their individual efforts to register with the Florida Department of Revenue in compliance with this section. In the event items (1) or (2) above are not applicable to the property, the property owner shall provide a written statement and any supporting documentation setting forth the reason the requirement does not apply. The city manager or his/her designee shall make a final determination as to the applicability of these minimum requirements for a short term vacation rental.

(Ord. No. 2018-01, § 2, 9-11-2018)

(1)

Minimum life/safety requirements. All short term vacation rentals shall comply with all applicable safety requirements, including but not limited to the Residential Swimming Pool Safety Act, Florida's Building Code, and Florida's Fire Prevention Code.

(2)

Inspections.

(a)

An individual or entity desiring to operate a short term vacation rental shall sign a sworn statement, under penalty of perjury, that he or she believes the subject property is in compliance with all applicable city codes. Execution of this sworn statement is a pre-requisite to receipt of the business tax receipt and final approval to operate a valid short-term vacation rental.

(b)

Inspection of a vacation rental to verify compliance with the city's Code of Ordinances and other applicable safety codes, which governed at the time of completion of the subject construction, may be required subsequent to registration with the city and annually after each renewal. If instances of noncompliance are found, all such instances of noncompliance shall be handled as other violations of the city's Code of Ordinances, Florida Building Code and Florida Fire and Life Safety Codes are otherwise handled in the city. These requirements will not be imposed so as to affect contracts that pre-exist the effective date of this chapter.

(c)

Annual inspections may be made by the city through appointment with the vacation rental owner or agent, as applicable. If a city inspector has made an appointment with vacation rental owner or agent, as applicable, for an inspection, and the city inspector is unable to complete the inspection as a result of an action or inaction of the vacation rental owner or agent, or an occupant of the vacation rental, the vacation rental owner shall be charged a "re-inspection" fee totaling $75.00. The re-inspection fee shall be paid prior to scheduling the re-inspection. In addition, failure of a vacation rental owner or agent, as applicable, to make the vacation rental available for an inspection within 20 days after notification by the city in writing that the city is ready to conduct an inspection, shall be a violation of this chapter punishable by a fine as provided for in section 1-15 of this Code. Such violation shall continue until the inspection is accomplished. Each day that such violation continues may be deemed a separate violation.

(3)

Advertising requirement. All advertising for vacation rental units shall identify the city-issued business tax receipt number associated with the advertised rental property. The vacation business tax receipt number shall be included on all advertising, including, but not limited to print and internet-based advertising. Advertisements that do not contain this information or that contain inaccurate information shall be deemed a violation of this section and subject to the penalties set forth in section 110-848.

(4)

Other standards. Any other standards contained in the city's Code of Ordinances and Land Development Code, including but not limited to the city's codes governing noise, garbage, and parking shall apply to short term vacation rentals as well. This shall include but not be limited to regulations concerning noise, parking, setbacks, storm water and other similar provisions.

(Ord. No. 2018-01, § 2, 9-11-2018)

(1)

Posted contact information. The business tax receipt number for the short term vacation rental and phone number of the designated responsible party, as defined in this article, shall be posted on the front exterior of the dwelling in a place accessible to the public. The sign must be non-illuminated and be one square foot in size on each side. The sign's background color shall be white, and the font shall be in black Times New Roman or Arial font, and in no smaller than 48-point typeface. The sign must be constructed of weather resistant wood or plastic. This requirement shall not apply in instances where the owner occupies a portion or division of the short term vacation rental as his or her primary residence.

(2)

Duties. The duties of the short term vacation rental responsible party, whether that person be the property owner or an agent thereof, are to:

(a)

Be available at the posted landline or mobile telephone number 24 hours a day, seven days a week and capable of directly responding, or directing a designated agent to directly respond to and resolve any issues or concerns raised by city staff or law enforcement officials arising from the short-term vacation rental use when the short term rental is occupied. In the event there are no tenants or occupants in the structure a designated responsible party must be available within a commercially reasonable response time;

(b)

Be authorized to receive service of any legal notice on behalf of the owner of the property for violations of this section; and

(c)

Maintain a record of all rental/lease agreements for the short term vacation rental property.

(d)

Otherwise monitor the short-term vacation rental unit at least once a week to assure continued compliance with the requirements of this section.

(Ord. No. 2018-01, § 2, 9-11-2018)

(1)

There shall be a written, or online lease, rental, tenant or other recorded usage agreement memorializing each tenancy in a vacation rental, between the owner or designated responsible party of the short term vacation rental property and any lessees or tenants. These agreements shall contain, among other things, the tenant's agreement to the regulations contained in this article.

(2)

The rental, lease, or recorded usage agreement must contain the following information at a minimum:

(a)

The name of the primary responsible lessor who will be occupying the unit.

(b)

The dates on which the renters or lessees will be occupying the unit.

(c)

The city reserves the right to request and receive a copy of any lease agreement for the short term vacation rental from the owner or designated responsible party.

(Ord. No. 2018-01, § 2, 9-11-2018)

It shall be required that the following information be posted in a visually unobstructed area within each short term vacation rental unit:

(1)

The name and phone number of the designated short-term vacation rental responsible party required by this article;

(2)

Notice that all occupants of short term vacation rental units must comply with chapter 26 of the city's Code of Ordinances, governing parking, noise, nuisances, litter and abandoned property;

(3)

The scheduled days of trash pickup and recycling;

(4)

The location of the nearest hospital; and

(5)

A statement that all occupants must promptly evacuate the short term vacation rental upon posting of any evacuation order issued by state or local authorities.

(Ord. No. 2018-01, § 2, 9-11-2018)

(1)

Non-compliance with any provisions of this article shall constitute a violation of this article.

(2)

Each day a violation exists shall constitute a separate and distinct violation.

(Ord. No. 2018-01, § 2, 9-11-2018)

(1)

Violations of this article shall be subject to penalties as part of a progressive enforcement program with the primary focus on compliance and compatibility with adjoining properties, versus penalties and legal actions. To accomplish a safe and effective short term vacation rental program it is key that short-term vacation rental designated responsible parties are responsive and responsible in the management of the property for compliance with this section. Any code enforcement activities will be pursued in accordance with F.S. ch. 162 and the city's Code of Ordinances.

(2)

Warnings. Warnings shall be issued to the owner of the property or their designated responsible party and include a correction/compliance period. Such warnings may include notice to other agencies for follow-up. Agencies that may be notified include but are not limited to the department of business and professional regulation, the Florida Department of Revenue, the Pinellas County Tax Collector, the Pinellas County Property Appraiser, or Florida's Fish and Wildlife Conservation Commission as applicable. Non-compliance with a correction/compliance period shall result in the issuance of a citation.

(3)

Fines. Fines per violation shall increase, on a graduated basis based on the recurrence of individual violations:

(a)

The first (1st) offense shall result in a fine of $150.00;

(b)

The second (2nd) offense shall result in a fine of $300.00; and

(c)

The third (3rd) offense, and any further repeat violations, shall result in a fine of $500.00.

The city may prosecute any code enforcement violations pursuant to its full and complete authority as set forth in F.S. ch. 162 and its own Code of Ordinances. The city may also rely on an appropriate enforcing agency at the state or local level.

(4)

Additional remedies. Nothing contained herein shall prevent the city from seeking all other available remedies which may include but not be limited to injunctive relief, liens, and other civil and criminal penalties as provided by law, as well as referral to other enforcing agencies.

(Ord. No. 2018-01, § 2, 9-11-2018)