(A) Every owner operating a short term rental, as defined in § 153.05, City Code of Ordinances, within the city shall first obtain a short term rental permit ("permit") from the Development Services Director. It shall be unlawful for any owner to operate a short term rental in a Residential Zoning District unless a short term rental permit has first been obtained from the Development Services Director.
(B) Permit not transferable. The short term rental permit, when issued, shall pertain only to the individual property owner for use at one specific property. Separate permits shall be required for a property owner to operate a short term rental at any other location; and a new permit shall be required if ownership of the property is transferred.
(C) Annual renewal of permit required. The permit shall have a term of one year, commencing October 1 of each year and expiring on September 30, and must be renewed by the owner prior to expiration in order to avoid interruption of permitted short term rental activity. The owner must pay the requisite renewal fee. Renewal may be subject to an annual inspection, where there is a history or current activity of code noncompliance. If, in connection with the scheduling of an inspection, the property owner fails to reply to three attempts by the city to contact the property owner, the permit shall not be renewed. Those permits not renewed when due and payable are delinquent and subject to a delinquency penalty equal to 25 percent of the renewal permit fee for the unit. The delinquency penalty shall be imposed on January 1 following the delinquency date. During the period of delinquency, the short term rental permit is deemed inactive and no rental activity may occur. A short term rental that does not have its permit renewed within a year of its term will be ineligible for renewal and must re-apply.
(D) Short term rental application requirements. An applicant for a short term rental permit or permit renewal shall submit the following:
(1) A short term rental permit or permit renewal application;
(2) Nonrefundable application fee;
(a) Initial application fee:
1. Single family and duplex: $675.00
2. Triplex and quadplex: $750.00
(b) Renewal application fee: $375.00.
(3) Detailed exterior site plot plan identifying property lines, parking spaces, pool, spas, hot tubs, storage area of garbage receptacles, screening of garbage receptacles, and fences;
(4) Detailed interior floor plan identifying all bedrooms, exits, and locations of fire extinguishers;
(5) A copy of the standard rental/lease agreement to be used when contracting with occupants;
(6) A business tax receipt from Broward County;
(7) A Florida Department of Business and Professional Regulation license as a transient public lodging establishment, if required;
(8) Proof of registration with the Florida Department of Revenue for sales tax collection and with Broward County for tourist development tax collection, if required;
(9) Acknowledgment that there are no pending Code violations, prior recurring nuisance activity or unsatisfied liens for property violations recorded against the short term rental property or any other property located in Pompano Beach owned by the same property owner or company of which he or she is a principal or corporate officer;
(10) Name, address and 24-hour telephone number(s) of the owner, the operator, and the Local Designated Representative, who is required to be responsive and responsible in the management of the property for compliance with this section; and
(E) Failure to submit all requested information shall constitute an incomplete application. The Development Services Director shall, within 30 calendar days, determine whether the application is complete or incomplete.
(1) A complete application is one that:
(a) Contains all information and materials established by the Development Services Director as required for submittal of the particular type of application;
(b) Is in the form established by the Development Services Director as required for submittal of the particular type of application;
(c) Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Code; and
(d) Is accompanied by the fee established for the particular type of application.
(2) On determining that the application is incomplete, the Development Services Director shall notify the applicant of the deficiencies within 30 calendar days. The applicant may correct the deficiencies and resubmit the application for completeness determination within 30 calendar days. If the applicant fails to resubmit an application within 30 calendar days after being first notified of deficiencies, the application shall be considered withdrawn. A nonrefundable $100 administration fee will be applied to withdrawn applications, but all other fees will be refunded. The Development Services Director shall not process an application for further review until it is determined to be complete.
(F) Compliance inspection required.
(1) Inspections shall be scheduled upon completion of the application process. Inspectors from the city's Code Compliance Division, Building Inspections Division and Fire Department are authorized to inspect all short term rental units and structures to ensure compliance with the City of Pompano Beach Code of Ordinances, the Florida Building Code and the Florida Fire Prevention Code. The inspectors may be accompanied by law enforcement officers for purposes of safety, when required. If violations are found, all violations must be corrected and the dwelling unit must be re-inspected prior to issuance of the short term rental permit.
(a) Appointments. The inspections shall be made by appointment with the Local Designated Representative. If, in connection with the scheduling of an inspection, the property owner fails to reply to three attempts by the city to contact the property owner, the city shall provide "Notice of Failure of Inspection" to the property owner, operator or Local Designated Representative, where applicable..
(b) Applicants shall be subject to the no show and admittance denial fees per § 153.11.
(c) Admittance denied. If the inspector is denied admittance by the Local Designated Representative, or if the inspector is unable in at least three attempts to complete an initial or subsequent inspection, the inspector(s) shall provide "Notice of Failure of Inspection" to the property owner, operator or Local Designated Representative.
(d) The "Notice of Failure of Inspection" is considered a violation of this Code and is subject to enforcement remedies as provided in this Chapter.
(e) 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 until it is re-inspected and a permit is issued.
(2) The Development Services Director reserves the authority to require an inspection for permit renewal applications.
(G) Permit application approval or denial; Appeal.
(1) The Development Services Department shall issue the short term rental permit after the property owner has demonstrated compliance with the requirements of the Code of Ordinances, the Florida Building Code and the Florida Fire Prevention Code, and all violations discovered during the required inspection have been corrected.
(2) Once the permit is issued, a short term rental must be properly maintained in accordance with the City of Pompano Beach Code of Ordinances, and the owner, the operator and the Local Designated Representative, who are required to be responsive and responsible in the management of the property, are required to comply with the standards and requirements set forth in this chapter and all other applicable regulations including the Florida Building Code, the Florida Fire Prevention Code and the land development code.
(3) Failure to demonstrate compliance with the requirements of the City of Pompano Beach Code of Ordinances, the Florida Building Code and the Florida Fire Prevention Code or evidence of present or recurring nuisance activity as defined in § 153.05 or § 132.38(C)(4) or F.S. Chapters 823 and 893, or the property owner or Local Designated Representative has been found by the Special Magistrate, pursuant to Chapter 37, City Code of Ordinances, to have two or more code violations related to the short term rental within a ninety (90) day period will result in a denial of the application. A written notice of denial shall be provided to the Applicant by U.S. Mail or electronically by the Development Services Director within 30 calendar days and shall specify the factual reasons for denial and include a citation to the applicable portion of the City Code or other legal authority authorizing the denial. Notwithstanding, the applicant may reapply when the deficiencies are cured.
(4) Appeal. The denial of the issuance of the short term rental permit under this section may be appealed to the city's Zoning Board of Appeals as an appeal of a decision of the Development Services Director in accordance with the provisions in § 155.2424, Appeal. Notwithstanding, applicants that are denied issuance of a short term rental permit premised on present or recurring nuisance activity, as defined in Subsection (3) above, may request a hearing consistent with § 37.12(B)(2).
(H) Permit revocation.
(1) The Development Services Director may revoke a short term rental permit issued under this chapter, if at any time it is discovered that:
(a) There was a false statement or concealment of a material fact in the short term rental permit application or;
(b) The structure or unit and its owner are the subject of a final order or judgment lawfully directing the termination of the structure or units use as a short term rental; or
(c) The property owner fails to make payment of Broward County Tourist Development Tax or provide proof of such payment(s), when required, and where such failure remains uncured; or
(d) The property owner fails to maintain licensure with the Florida Department of Business and Professional Regulations or provide proof of such licensure, when required, and where such failure remains uncured; or
(e) The property owner fails to maintain registration with the Florida Department of Revenue for sales tax collection and provide proof of such registration, when required, and where such failure remains uncured; or
(f) The property owner fails to maintain registration with Broward County for tourist development tax collection and provide proof of such registration, when required, and where such failure remains uncured; or
(g) Failure to comply with the requirements of the City of Pompano Beach Code of Ordinances, the Florida Building Code and the Florida Fire Prevention Code, and where such failure remains uncured; or
(i) The property owner or Local Designated Representative has been found by the Special Magistrate, pursuant to Chapter 37, City Code of Ordinances, to have two or more code violations related to the short term rental including, but not limited to, off-street parking, unlawful noise and garbage, within a ninety (90) day period.
(2) Appeal. Upon revocation, the property owner may appeal the decision to the city’s Zoning Board of Appeals. In the instance where revocation is premised on subsection (1)(b), (g) - (i), the property owner may appeal to the Special Magistrate pursuant to Chapter 37, City Code. The property owner must file a written notice of appeal with the Department of Development Services within 10 days of receiving notice of the revocation from the Department. Where the written notice of appeal is timely filed with the Department, the revocation will be held in abeyance until adjudicated by the Zoning Board of Appeals or Special Magistrate. If the revocation is upheld, the property owner shall not be entitled to any refund of the annual fee paid for a permit for any portion of the unexpired term.
(I) Violations; enforcement.
(1) Failure to comply with any provision of this Chapter by any property owner of a rental structure or unit shall constitute a violation. Any law enforcement officer or Code Inspector shall be authorized to investigate all alleged violations. Upon the determination that a violation of this chapter exists, a law enforcement officer or Code Inspector shall:
(a) Issue a warning notice of the violation to the property owner and the principal operator of the subject rental structure or unit business at the location if different from the property owner. Violators shall have 30 calendar days after receipt of the notice to comply with the requirements of this section and to provide proof of compliance. A Code Inspector does not have to provide the violator with a warning notice or a reasonable time to correct the violation prior to issuing a citation violation notice if a repeat violation is found, or if the code inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, or if the violator is engaged in violations of an itinerant or transient nature.
(b) Initiate prosecution should the violation continue after the 30-day warning period. Law enforcement officers may issue a Notice to Appear to a principal owner of the subject business for prosecution in the County Court, punishable under § 10.99. In addition, Code Enforcement Inspectors may cite the property owner for the violation to be heard before the Special Magistrate for Code Enforcement. If the property owner and principal operator are the same, the city may elect prosecution of the violation in either forum, but not both.
(2) 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 property unsafe and not lawful for further occupancy until corrected and inspected. Failure to correct such violations within the timeframes provided shall result in the imposition of a fine consistent with Chapter 37, City Code until such time that the violations are corrected, re-inspected, and found in compliance.
(3) Any violation of this chapter may be punished by citation, as specifically described in Chapter 37 of the Code of Ordinances and shall be subject to a fine consistent with Chapter 37, City Code, for the first offense and any subsequent offenses, plus revocation of the permit, as provided in this Chapter.
(4) Other enforcement methods and penalties. Nothing contained in this chapter shall prevent the city from seeking all other available remedies that may include, but not be limited to, injunctive relief, abatement of public nuisance, liens, fines, imprisonment, and other penalties as provided by law.
(5) Violators who fail to comply with the requirements of this section may not obtain nor renew a business tax receipt with the city unless all violations of this section are brought into compliance.
(6) For all purposes under this chapter, service of notice on the Local Designated Representative shall be deemed service of notice on the property owner and occupant.
(7) No occupant shall occupy a short term rental and no advertisement for the short term rental shall occur during any period of revocation.
(Ord. 2017-50, passed 6-13-17; Am. Ord. 2022-42, passed 4-12-22)