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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1880 Resolution Sponsored by: Tomas Reqalado A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE ZONING REGULATIONS OF THE CITY OF MIAMI, FLORIDA AS THEY PERTAIN TO SHORT- TERM/VACATION RENTALS AND DIRECTING THE CITY MANAGER TO CONTINUE VIGOROUSLY ENFORCING REGULATIONS PERTAINING TO LODGING USES TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE CITY OF MIAMI'S RESIDENTS AND VISITORS; FURTHER DIRECTING THE CITY ATTORNEY TO INVESTIGATE THE FEASIBILITY OF COMMENCING LEGAL ACTION AGAINST THE INTERNET PLATFORMS THAT FURTHER ILLEGAL SHORT-TERM RENTALS IN THE CITY OF MIAMI. City of Miami Legislation Resolution Enactment Number: R-17-0137 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1880 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE ZONING REGULATIONS OF THE CITY OF MIAMI, FLORIDA AS THEY PERTAIN TO SHORT- TERM/VACATION RENTALS AND DIRECTING THE CITY MANAGER TO CONTINUE VIGOROUSLY ENFORCING REGULATIONS PERTAINING TO LODGING USES TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE CITY OF MIAMI'S RESIDENTS AND VISITORS; FURTHER DIRECTING THE CITY ATTORNEY TO INVESTIGATE THE FEASIBILITY OF COMMENCING LEGAL ACTION AGAINST THE INTERNET PLATFORMS THAT FURTHER ILLEGAL SHORT-TERM RENTALS IN THE CITY OF MIAMI. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, the effective date of the Miami 21 Code was May 10, 2010; and WHEREAS, the Miami 21 Code specifically delineates where lodging uses are and are not allowed; and WHEREAS, in 2011, the Florida State Legislature enacted Section 509.032(7)(b), Florida Statutes, which states a "local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011" ("State Preemption"); and WHEREAS, on August 11, 2015, the City's Zoning Administrator issued Zoning Interpretation 2015-001 concerning short-term/vacation rentals (less than 30 days) in T3 Transect Zones; and WHERAS, the City has continually enforced the Miami 21 Code and City ordinances against short-term/vacation rentals and party houses since Miami 21 was adopted; and WHEREAS, since that time, there has been a surge in the online, short-term/vacation rental market through internet companies which provide a platform for property owners (commercial and residential) to rent their properties; and WHEREAS, these rentals provide supplemental income and are used by many as a side business to maintain their properties or to otherwise supplement their monthly incomes; and WHEREAS, the City has a direct interest in the health, safety and welfare of its residents, as well as its thousands of yearly visitors; and WHEREAS, the City, through the Miami 21 Code, previously enacted legislation which regulated all lodging uses, including short-term/vacation rentals, within the City limits and requires licensure, payment of taxes, and annual safety inspections of all lodging establishments; and WHEREAS, pursuant to Article 4, Table 3 of the Miami 21 Code, lodging uses are permitted only under certain circumstances and in certain areas; and WHEREAS, pursuant to the Miami 21 Code, short-term/vacation rentals are not allowed in homes, houses, units, structures, etc. where lodging uses are not allowed; and WHEREAS, pursuant to the Miami 21 Code, short-term/vacation rentals are not allowed in T3 Transect Zones and are only allowed under certain circumstances in all other Transect Zones; and WHEREAS, any other short-term/vacation rental properties must comply with the same licensure, business tax receipt, and annual safety inspections as do all other lodging establishments in the City; and WHEREAS, any violation of the lodging requirements is enforceable through the provisions of Chapter 2, Article X of the Code of the City of Miami, Florida, as amended, and any other remedies as provided by law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City reaffirms its regulation of lodging uses previously enacted and made effective prior to the imposition of the State Preemption of short-term/vacation rentals. Section 3. The City Commission directs the City Manager to continue to vigorously enforce regulations pertaining to lodging uses to ensure the health, safety, and welfare of the City's residents and visitors. Section 4. The City Commission further directs the City Attorney to investigate the feasibility of commencing legal action against the internet platforms that further illegal short-term rentals in the City. Section 5. This Resolution shall become effectively immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 2/28/2017 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.