It shall be unlawful for any person or entity to operate or occupy a residential property that is a single-family, two-family, or multiple-family house or dwelling unit as a vacation rental within the village, or offer such property for rent as a vacation rental within the village, unless the person or entity has registered such property with the village by obtaining a vacation rental permit in accordance with the requirements of this article. Separate permits are required for each individual vacation rental unit. All vacation rental permits shall be renewed annually and shall be considered delinquent if not renewed by September 30 of each year.

(Ord. No. 09-22, § 2, 7-14-2022)

Every vacation rental owner or operator shall register with the village by submitting to the building department a completed vacation rental permit application in a form promulgated by the village, together with registration and inspection fees in amounts established by resolution of the village council, which amounts may be amended from time to time. A separate permit application form with separate registration and inspection fees shall be required for each vacation rental unit.

(1)

Permit application. A complete vacation rental permit application form shall include the following:

a.

Property card printout from the county property appraiser database;

b.

Current transient public lodging establishment license issued by the state department of business and professional regulation;

c.

Current certificate of registration with the state department of revenue for remittance of applicable state taxes;

d.

Current county business tax receipt;

e.

Total number of sleeping rooms at the vacation rental unit; maximum number of guests that can stay overnight at the vacation rental unit at one time (maximum occupancy is eight in four or more sleeping rooms);

f.

Maximum number of individuals that may gather at or occupy vacation rental unit property at one time (maximum number of individuals permissible is one and one-half times the maximum occupants authorized to stay overnight at the vacation rental unit, and in no case more than 12 individuals);

g.

Homeowners or property owners association approval to operate the vacation rental unit, if applicable;

h.

Floorplan of the vacation rental unit which includes stairways, hallways, bedrooms, exists, and which identifies all fire extinguisher locations;

i.

Site survey which includes the residential unit, any swimming pools, hot tubs, spas, and fencing;

j.

A copy of a sample lease agreement;

k.

A completed vacation rental responsible party designation, in the format prescribed by the village, which includes the information required by section 78-892 below; and

l.

Proof that the vacation rental has satisfied the inspection requirements as provided in section 78-894 of this Code.

(2)

Modification of permit. An application for modification of a vacation rental permit shall be required in the event that any of the following changes to the vacation rental are proposed:

a.

An increase in the gross square footage;

b.

An increase in the number of bedrooms;

c.

An increase in the maximum occupancy;

d.

An increase in the number of parking spaces, or a change in the location of parking spaces;

e.

An increase in the number of bathrooms;

f.

Any other material modifications that would increase the intensity of use or implicate the Florida Building Code or Fire Prevention Code.

(3)

Duration of permit. A vacation rental permit issued under this article shall expire each September 30 and may be annually renewed thereafter if the property is in compliance with this article.

(4)

Renewal of permit. A vacation rental permit renewal shall be completed by September 30 of each year, through the execution of a renewal affidavit and inspection in the format prescribed by the village, and the payment of the renewal fee as established by the village. A property owner may apply for renewal of a vacation rental permit beginning July 1 prior to the expiration of the annual license.

(5)

Incomplete permit application/renewal. If the permit application or renewal form submitted pursuant to this article is incomplete, the applicant shall be informed of such deficiency and shall have ten days to correct the deficiency.

(6)

Non-transferability and non-assignability of permit. Vacation rental permits issued under this article are non-transferrable and non-assignable. If the ownership of any vacation rental property is sold or otherwise transferred, the new owner is required to apply for new permits.

(7)

Permit application or renewal fees. The village charges reasonable administrative fees to process a vacation rental permit application or renewal, the amount of which shall be established by resolution of the village council. Fees are non-refundable.

(8)

False or misleading information. It shall be unlawful for any person to give false or misleading information in connection with any application for, modification, or renewal of a vacation rental permit as required by this article. Vacation rental permit applications shall be sworn to under penalty of perjury. Any false statements made in an application shall be a basis for the revocation of any permit issued pursuant to such application.

(Ord. No. 09-22, § 2, 7-14-2022; Ord. No. 03-25, § 1, 5-8-2025)

Every permitted vacation rental under this article must designate a responsible party to respond to routine inspections as well as non-routine complaints and any other problems related to the operation of the vacation rental. The property owner may serve in this capacity or shall otherwise designate another person 18 years or older to perform the following duties:

(1)

Be available by telephone at the listed phone number 24 hours per day, seven days per week and be capable of handling any issues relating to the operation of the vacation rental;

(2)

If required, be willing and able to return to the vacation rental within 60 minutes following notification from a vacation rental occupant, law enforcement officer, emergency personnel, or the village to address any issues relating to the operation of the vacation rental;

(3)

Maintain a record of all lease/rental agreements for the vacation rental, as well as a record of all guests of the vacation rental. Both of these records shall be available for inspection upon request;

(4)

Receive service of any legal notice on behalf of vacation rental owners or operators for violation of the requirements set forth in this article; and

(5)

Conduct an on-site inspection of the vacation rental at the end of each rental period to ensure continued compliance with the requirements of this article.

(Ord. No. 09-22, § 2, 7-14-2022)

No person or entity shall own or operate a vacation rental within the village unless such vacation rental complies with the following standards:

(1)

Minimum life/safety requirements.

a.

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, as set forth in F.S. ch. 515.

b.

Smoke and carbon monoxide (CO) detection and notification system. Each vacation rental unit must be outfitted with an operational smoke and carbon monoxide (CO) detection notification system. Every smoke and carbon monoxide (CO) detection notification system must be hard-wired. A smoke alarm shall be installed in each sleeping room. A carbon monoxide alarm shall be installed outside each sleeping room and adjacent to the garage door. All smoke and carbon monoxide alarms shall be interconnected.

c.

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the dwelling unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

d.

Local telephone service. Either one landline telephone with the ability to call 911, or one telephone with voice over internet protocol (VOIP) with the ability to call 911 shall be available within the vacation rental.

e.

Secondary means of escape. Every sleeping room and living area shall have a secondary means of escape. It shall be a minimum of one doorway or one window directly to the exterior. The window shall have a clear opening compliance with the following:

1.

Clear width shall be no less than 20 inches.

2.

Clear height shall be no less than 24 inches.

3.

Opening shall be no less than 5.7 square feet.

4.

Opening shall be no more than 44 inches above the floor.

f.

Battery powered emergency lighting. Each vacation rental dwelling unit shall provide battery powered emergency exit lighting.

g.

Unit address requirements. Each vacation rental shall affix address numbering to the building visible from the road with contrasting colors to the building all numbering shall be a minimum of six inches in height.

(2)

Maximum occupancy.

a.

Each vacation rental dwelling unit shall comply with the occupancy limitations set forth in the "Light, Ventilation, and Occupancy Limitations" referenced in appendix B of the Code of Ordinances, provided however that:

1.

The maximum number of transient occupants authorized to stay overnight at any vacation rental unit shall be limited to two persons per sleeping room, and a maximum total occupancy of eight individuals in four or more sleeping rooms. The number of sleeping rooms shall be confirmed by on-site inspection by a representative of the village, and

2.

The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed one and one-half times the maximum occupants authorized to stay overnight at that site, as shown on the vacation permit application, and in no event shall a gathering exceed twelve individuals.

(3)

Solid waste handling and containment. Solid waste and recycling collection services shall be provided pursuant to chapter 74, article III of the Code of Ordinances. For purposes of this section, a solid waste or recycling container shall not be placed at curbside before 6:00 p.m. of the day prior to solid waste pickup, and each solid waste or recycling container shall be removed from curbside before midnight of the day of pickup.

(4)

Designation of responsible party. Each vacation rental owner or operator shall designate a responsible party capable of meeting the duties provided in section 78-892.

(5)

Rental or lease agreement requirements.

a.

There shall be a written or online lease, rental, tenant or other recorded agreement memorializing each vacation rental tenancy between the owner/ operator or its responsible party and the occupant(s). The agreement shall, at a minimum, contain the following information:

1.

The maximum number of occupants for the unit as specified in subsection (2) above;

2.

The number of parking spaces associated with the vacation rental property or dwelling unit, if applicable, and a sketch or photograph showing the location of such spaces;

3.

The names and ages of all persons who will be occupying the property or unit;

4.

The dates of such occupancy; and

5.

A statement that all occupants must evacuate from the vacation rental following any evacuation order issued by local, state or federal authorities.

b.

The village reserves the right to request and receive a copy of any vacation rental lease or rental agreement from the owner/operator or responsible party at any time.

(6)

Vacation rental unit posting requirements.

a.

The vacation rental unit shall be posted with the following information next to the main entrance door:

1.

The name, address and telephone number of the vacation rental responsible party;

b.

There shall also be posted, next to the interior door of each bedroom, a building evacuation map (at least 8 ½ inches by 11 inches).

(7)

Other regulations. Vacation rentals must comply with all other regulations, standards and requirements set forth in the Village Code of Ordinances, including, but not limited to, the requirements of chapter 10 (animals), chapter 14 (buildings and building regulations), chapter 30 (environmental control; nuisances), chapter 46 (motor vehicles and traffic), chapter 54 (offenses), and chapter 78 (zoning).

(Ord. No. 09-22, § 2, 7-14-2022; Ord. No. 03-25, § 2, 5-8-2025)

(a)

Initial inspection. An initial inspection of the vacation rental by a Village Code inspector and/or building department personnel, for compliance with this article is required prior to the issuance of a vacation rental permit. If violations are found, all violations must be corrected, and the property or dwelling unit must be re-inspected prior to issuance of the vacation rental permit as provided herein.

(b)

Subsequent inspections. Once issued, a vacation rental must be properly maintained in accordance with the vacation rental standards herein and will be re-inspected annually. For an inspection, all violations must be corrected and re-inspected within 30 calendar days. Failure to correct such inspection deficiencies in the timeframes provided shall result in the suspension of the vacation rental permit until such time as the violations are corrected and re-inspected.

(c)

Inspection appointments. The inspections shall be made by appointment with the vacation rental responsible party. If the inspector has made an appointment with the responsible party to complete an inspection, and the responsible party fails to admit the officer at the scheduled time, the owner shall be charged a "no show" fee in an amount established by resolution of the village council to cover the inspection expense incurred by the village.

(d)

Notice of failure of inspections. If the inspector(s) is denied admittance by the vacation rental responsible party or if the inspector fails in at least three attempts to complete an initial or subsequent inspection of the rental unit, the inspector(s) shall provide notice of failure of inspection to the owner to the address shown on the existing vacation rental application or permit.

(1)

For an initial inspection, the notice of failure of inspection results in the vacation rental permit not being issued; the vacation rental is not permitted to operate without a valid permit.

(2)

For a subsequent inspection, the notice of failure of inspection is considered a violation and is subject to enforcement remedies as provided herein.

(Ord. No. 09-22, § 2, 7-14-2022)

(a)

It shall be unlawful for any person or entity to rent, lease, advertise or hold out for rent any property or dwelling unit for vacation rental use without a vacation rental permit, or pending application under section 78-891(2).

(b)

Prima facie evidence of vacation rental uses of a property or dwelling unit shall include:

(1)

Registration or licensing for short-term rental or transient rental use by the state under F.S. chapters 212 (Florida Tax and Revenue Act) and 509 (Public Lodging and Food Service Establishments);

(2)

Advertising, listing, posting, or otherwise holding out a property or dwelling unit for vacation rental use on the internet or other mass communication medium;

(3)

Reservations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 28 days or less; or;

(4)

The use of an agent or other third person to make reservations or booking arrangements.

Nothing set forth herein precludes the village from presenting other forms of evidence of unlawful vacation rental use or operation.

(Ord. No. 09-22, § 2, 7-14-2022)

(a)

Issuance or denial by the village upon application.

(1)

The village may either approve a vacation rental permit application/renewal or deny such application/renewal in conjunction with the issuance of a notice of denial upon a finding that one or more of the criteria at section 78-896(b)(1)—(5) are not met. In addition, the village may, upon approval of a vacation rental permit application/renewal, impose reasonable conditions of operation as may be necessary to protect the public health, safety and welfare.

(b)

Specific criteria which may result in the denial, suspension, or revocation of a vacation rental permit by the village or special magistrate. A vacation rental permit may be denied, suspended, or revoked by the village, or suspended or revoked by the special magistrate, as further provided herein, when it is determined that:

(1)

A property owner or vacation rental permit applicant (owner/applicant) has misrepresented or failed to disclose material facts or information which is required to be included in the vacation rental permit application and any other application required by the village, the county or the state;

(2)

The same or substantially similar vacation rental activity on the subject property during the preceding 12-month period, has been conducted in such a manner as to have violated the village's Code of Ordinances which regulates the use or operation of the vacation rental premises and/or one of the following determinations is made:

a.

The activity has become a public nuisance as set forth in Village Code;

b.

The activity constitutes a public nuisance at common law;

c.

The activity violates the village's regulations as set forth in chapter 6, alcoholic beverages;

d.

The activity is manifestly injurious to the public morals; or

e.

The vacation rental has been operated in such a manner as to injure the health, safety, or welfare or to disturb the quiet enjoyment of the citizens in the nearby vicinity.

This criterion shall not apply if the vacation rental permit application/renewal is in conjunction with new ownership of the subject property. "New ownership" for this purpose requires an actual change in the individuals who have ownership interests in the subject property. The mere re-structuring of corporate holding companies or other transfers deemed to be illusory in nature shall not be considered "new ownership."

(3)

The issuance or renewal of the vacation rental permit was contingent upon the owner's/applicant's compliance with specific provisions of the village's, the county's or the state's laws and the owner/applicant has not satisfied or has violated such conditions, to include but not limited to, specific conditions of approval imposed through development orders issued by the village;

(4)

An owner/applicant has violated any provision of this article and has failed or refused to cease or correct the violation at the subject property after having been notified to do so by the village or by an order of the special magistrate;

(5)

The premises have been condemned by the local health authority or by the village building official and/or fire marshal for failure to meet state and local standards; or

(c)

Appeals.

(1)

Any owner/applicant aggrieved by a village decision regarding denial of a vacation rental permit application/renewal may file an appeal by requesting a hearing before the code enforcement special magistrate. The hearing request must be in writing and filed with the village attorney within ten days of receipt of the decision complained of. The hearing request must also specify the decision and the principal grievance of the owner/applicant. The village shall then provide such applicant/owner notice of a hearing before the special magistrate pursuant to section 2-191, Village Code.

(2)

Hearing procedures shall be as prescribed in chapter 2, article IV, Village Code. The special magistrate's findings and order shall constitute the final administrative action of the village for purposes of judicial review under state law.

(3)

If the owner/applicant fails to seek timely appellate review of an order of the special magistrate under this subsection and continues to operate the vacation rental premises in violation of the order and/or this article, the village may pursue any and all enforcement procedures necessary, including abatement of the violation. Any costs for enforcement or abatement action shall be placed as a lien against an owner/applicant's real and personal property.

(d)

Enforcement procedures, generally.

(1)

First-time violations. Upon determination by the village that a vacation rental is being operated in a manner consistent with a first-time violation of this article, the village shall notify the property owner and/or vacation rental permit-holder of the nature of such violation in accordance with section 2-181, and section 2-191. Likewise, notice of a hearing before the special magistrate, if needed, shall be provided to the property owner and/or permit-holder pursuant to section 2-191. The conduct for such hearing shall be as prescribed in chapter 2, article IV, Village Code. In addition to any other enforcement authority provided by law, the special magistrate may authorize suspension or revocation of a vacation rental permit upon a finding of one or more of the criteria set forth in section 78-896(b)(1)—(6). The special magistrate's findings and order shall constitute the final administrative action of the village for purposes of judicial review under state law.

(2)

Subsequent violations. Upon determination by the village that a vacation rental property owner and/or permit-holder has committed a second or subsequent violation of the provisions of this article, the village may immediately suspend or revoke the vacation rental permit at issue. The village's immediate suspension or revocation of a vacation rental permit as provided herein shall be based upon a finding of one or more of the criteria set forth in section 78-896(b)(1)—(6).

(3)

Enforcement; abatement. If vacation rental property owner and/or permit-holder fails to seek timely appellate review of an order of the special magistrate under this subsection and fails to comply timely with such order, the village may pursue any and all enforcement procedures necessary, including abatement of the violation. Any costs for enforcement or abatement action shall be placed as a lien against an owner/applicant's real and personal property.

(4)

Fees or taxes. No fees or taxes shall be refunded if a vacation rental permit is suspended, revoked, or cancelled pursuant to this section.

(5)

Additional remedies. Nothing contained herein shall prevent the village 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. 09-22, § 2, 7-14-2022)