(A) Every vacation rental owner, or responsible party, as applicable, shall be available by phone at the listed phone number 24 hours a day, seven days a week to respond to police, fire or other emergency personnel requests. Otherwise, response to contact by the town's regulatory personnel shall be required only Monday through Thursday 9:00 a.m. to 4:00 p.m. and Friday 9:00 a.m. to 3:00 p.m., except holidays. Failure of the vacation rental owner, or responsible party, as applicable, to fulfill this duty, shall be a violation of this chapter which shall be punished by fine.
(B) Responsible party. All vacation rental units, if not managed by the vacation rental owner, shall have a designated responsible party.
(1) The responsible party shall be available 24 hours per day, seven days a week, for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of these regulations. This party must have authority to immediately address and take affirmative action, within one hour of notice from the town, on violations concerning life-safety, noise, and parking violations. A record shall be kept by the town of the complaint and the responsible party's response, as applicable.
(2) An owner may change his or her designation of a responsible party temporarily, up to 30 cumulative days during any consecutive 12-month period, or permanently; however, there shall only be one designated responsible party for each vacation rental property at any given time.
(3) It shall be the sole responsibility of the property owner to appoint a reliable responsible party and to inform the manager of his or her correct mailing address. Failure to do so shall not be a defense to a violation of this chapter. Service of notice on the responsible party shall be deemed service of notice on the property owner, tenant and violator.
(C) (1) A vacation rental owner or responsible party is responsible for ensuring sexual offenders/predators as defined in F.S. §§ 775.21, 943.0435, 944.607 or 985.4815 register at the Brevard County Sheriff's Office 48 hours prior to arrival at a vacation rental, regardless of the length of stay.
(2) A vacation rental owner and/or responsible party shall comply with Florida law, pertaining to the distance separation of homes with a sexual offender/predator residing within the vacation rental and any business, school, child care facility, park, playground, or other places where children regularly congregate.
(3) Failure to comply with this chapter shall result in the revocation of the Business Tax Receipt, if applicable, and vacation rental registration for the vacation rental and other enforcement provisions outlined in the Town Code.
(D) The vacation rental owner or responsible party shall inquire at check-in if any guest at the vacation rental is a sexual offender/predator as defined in F.S. §§ 775.21, 943.0435, 944.607 or 985.4815. If any guest of a vacation rental public lodging is a sexual offender/predator as defined in F.S. §§ 775.21, 943.0435, 944,607 or 985.4815, the operator shall immediately notify the town and the Brevard County Sheriff's Office.
(E) The owner or responsible party shall provide the town and post in a conspicuous place in the premises, the name, address and day/evening telephone numbers of the responsible party and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of these regulations. Any change in the responsible party shall require written notification to the town on forms provided by the town and in a manner promulgated by the town upon payment of the applicable fees.
(F) Complaints to the responsible party concerning violations by occupants of vacation rental units to this code shall be responded to within a reasonable time but in no instance greater than three hours. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the town during business hours.
(G) An owner may change his or her designation of a responsible party; however, there shall only be one responsible party for each vacation rental property at any given time. To change the designated agent or responsible party, the owner shall notify the town in writing of the name, contact information and other information required in this section for the new vacation rental manager, along with a signed affidavit from the new agent or responsible party acknowledging and agreeing to serve in this capacity and perform the duties of this code. Any notice of violation or legal process which has been delivered or served upon the previous vacation rental manager, prior to the town's receipt of notice of change of the vacation rental manager, shall be deemed effective service.
(H) It shall be the sole responsibility of the property owner to appoint a reliable responsible party and to inform the responsible party of his or her correct mailing address. Failure to do so shall not be a defense to a violation of this chapter. No property owner shall designate as a responsible party any person who does not expressly comply with the provisions of this chapter. The property owner or the responsible party shall be deemed to be the "violator" of this chapter as the term is used in F.S. § 162.06. Service of notice on the responsible party shall be deemed service of notice on the property owner, tenant and violator. Copies of all notices shall also be provided to the property owner.
(Ord. 2019-07, passed 11-19-2019)