(A) Inspection of a vacation rental shall be required prior to issuance of a vacation rental license and prior to renewal of a vacation rental license to verify compliance with the laws, rules and regulations of any and all regulatory authorities having jurisdiction, and where such laws, rules and regulations are applicable and are known to the Building Official. The inspection shall consist of criteria established by the City Manager or his or her designee. Such criteria shall be established for the primary purpose of protecting the health, safety and welfare of vacation rental occupants. If instances of noncompliance with the standards and requirements therein are found, all such instances of noncompliance shall be corrected and the vacation rental shall be re-inspected prior to the issuance of an initial vacation rental license.
(1) An applicant shall sign a sworn statement, included in the vacation rental license application, under penalty of perjury, that he or she believes the subject property is in compliance with the City Code and all Broward County and State of Florida building codes.
(2) Once an applicant signs such a sworn statement and all requirements for the issuance of a vacation rental license other than the inspection and code compliance requirements have been met, an inspection will be scheduled.
(B) Inspections shall be scheduled upon completion of the application process. The applicant will sign a schedule form with the representative's contact information, acknowledging the scheduled time for inspection.
(1) If an applicant who is entitled to a grace period pursuant to the second paragraph of § 119.10(A) fails to allow the scheduled inspection to proceed, the grace period shall be terminated and a new application shall be required with all associated fees. No credit will be given for previous fees paid.
(2) If an applicant who is entitled to a grace period pursuant to the second paragraph of § 119.10(A) reschedules an inspection, a rescheduling fee in an amount set by resolution of the City Commission will be due, and the grace period shall be tolled until the property passes inspection.
(3) Failure to respond for a scheduled inspection, ignoring calls pertaining to an inspection, and rental of a vacation rental without a proper license therefor shall cause the city to seek an inspection warrant. If an inspection warrant is issued, a fee in an amount set by resolution of the City Commission will be assessed for the costs related to the obtaining and execution of the warrant.
(4) If an inspection warrant is issued and entry is still refused, the individual refusing entry may be subject to prosecution for the willful refusal to permit an inspection authorized by an inspection warrant issued pursuant to state law – a misdemeanor of the second degree.
(5) If instances of noncompliance with the applicable standards and requirements are found, all such instances of noncompliance shall be corrected, and the property shall not be rented as a vacation rental until it is re-inspected and an initial vacation rental license is issued.
(C) Any unpermitted work on property used as a vacation rental shall be deemed "unsafe" per the Florida Building Code Broward County Amendments section 116.2.1.3, and the property will be posted "Unsafe."
(D) Unpermitted work shall be corrected by obtaining a building permit and all work shall be inspected and pass inspection. As provided in the Florida Building Code, a double permit fee for after-the-fact permitting shall be charged. The property owner may request expedited plan review for an additional fee in an amount set by resolution of the City Commission.
(E) Once a vacation rental passes inspection and is issued a license, such vacation rental shall be properly maintained in accordance with the standards and requirements set forth in this chapter and all other applicable regulations. In the event a notice of violation is issued, all violations shall be corrected and re-inspected within 30 calendar days after the issuance of the notice of violation, with the exception of life safety violations, which will deem the vacation rental unsafe and not lawful for further occupancy until corrected and inspected. Failure to correct such violations within the timeframes provided shall result in the suspension of the vacation rental license until such time that the violations are corrected, re-inspected, and found in compliance.
(F) In the event a vacation rental property is found guilty or admits quilt, regardless of adjudication, of a violation, citation, or a notice to appear two times in a 12-month period, the vacation rental license shall be suspended pending the development by the property owner of a written action plan outlining the specific measures that the owner will take to eliminate the reoccurrence of the violation at the property; provided, however, that if the second finding or admission of guilt is for the same violation, § 119.58(D)(2) shall apply and this subsection shall not apply.
(1) The property owner shall provide the action plan to the city no later than five business days from the date of the second finding or admission of guilt, regardless of adjudication. A fee in an amount set by resolution of the City Commission shall be charged for each action plan submitted to cover review costs.
(2) If the city determines that the action plan is adequate to eliminate the reoccurrence of nuisance activities on the properties, the property owner shall implement the plan within five business days from the date the action plan is deemed adequate.
(3) If the property owner successfully completes the action plan within the time period established by the city and pays all associated fines and costs imposed by the city, the vacation rental license will be restored.
(4) If the city determines that the action plan is not adequate to eliminate the reoccurrence of the violations on the property, the city may require the property owner to revise the action plan. The property owner shall submit the revised action plan to the city no later than five days from the date the action plan is determined to be inadequate. The submittal of an inadequate action plan on three consecutive occasions shall result in the revocation of the vacation rental license.
(Ord. O-2017-12, passed 8-30-17; Am. Ord. O-2017-15, passed 9-20-17; Am. Ord. O-2021-01, passed 1-20-21)