6932-02
ORDINANCE NO. 6932-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO RESIDENTIAL RENTALS; CREATING ARTICLE
3, DIVISION 23, COMMUNITY DEVELOPMENT CODE;
PROVIDING FOR APPLICABILITY; REQUIRING
OCCUPATIONAL LICENSING FOR CERTAIN RESIDENTIAL
RENTALS AND PROVIDING A FEE THEREFOR; REQUIRING
LOCAL REPRESENTATION FOR OCCUPATIONAL LICENSE
APPLICATIONS FOR RESIDENTIAL RENTALS; REQUIRING
THE FILING OF A RESIDENTIAL RENTAL COMPLIANCE
MINIMUM APPLICABLE STANDARDS FORM
ACKNOWLEDGING RECEIPT OF NOTICE OF CERTAIN
HOUSING AND DEVELOPMENT STANDARDS; PROVIDING
FOR INSPECTIONS FOR COMPL~NCE PURPOSES AND
FEES FOR PROPERTIES NOT PASSING INSPECTION;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR REVOCATION OR DENIAL OF
OCCUPATIONAL LICENSE; AMENDING APPENDIX A, CODE
OF ORDINANCES, REGARDING OCCUPATIONAL LICENSE
FEES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to provide for occupational licensing for residential
rentals, as defined below, including the rental of single-family units, and to establish a
system whereby rental properties are certified as meeting certain minimum housing and
Development Standards, and to provide for additional inspection and enforcement
proceedings and revocation of occupational license in the event of noncompliance with
these provisions; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Division 23, of the Community Development Code of the
City of Clearwater is hereby created to read as follows:
Section 3-2301. Applicability.
This Division shall be applicable to the rental of all attached dwellings, detached
dwellings, dwelling units, and accessory dwellings, as such terms are defined in Section
8-102, within the City of Clearwater, but shall not apply to hotels, motels, resort
condominiums, transient apartments, rooming houses, resort dwellings, or bed and
breakfast inns as defined in Florida Statutes Section 509.242, nor to manufactured
housing as defined in Florida Statutes Section 320.01 (2) (b).
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Ordinance No.6932-02
Section 3-2302. Occupational licensing required.
An occupational license shall be required for all rentals set forth in Section 3-
2301. Licensing procedures and requirements shall be as set forth in Code of
Ordinances Chapter 29. The fee charged for such occupational license shall be as set
forth in Code of Ordinances Appendix A, Division XVIII.
Section 3-2303. Local representation for occupational license applications
for residential rentals.
Occupational license applications for residential rentals shall include a local
contact or representative. Such contact or representative shall maintain a current
working local telephone number and current local address, not a public or private post
office box, and provide notification thereof of any changes to the city within 30 days for
a physical location and telephone number within one of the following counties in
Florida: Pinellas, Hillsborough, Pasco, Manatee or Sarasota.
Section 3-2304. Residential Rental Compliance - Notice Requirements of
Minimum Applicable Standards Form acknowledging notice of housing and
development standards.
Each owner of real property to which this Division is applicable shall receive
notice of and shall file, with an initial occupational licensing application or, for existing
licensees, by October 1 of each occupational licensing year, a notice requirements of
minimum applicable standards form with the Development Services Department
acknowledging receipt of housing and development standards contained in Section
28.82, the Standard Housing Code, as adopted by Code of Ordinances Sections 49.01
and 49.02, and the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained
in Community Development Code, Article 3.
Section 3-2305. Inspections; Noncompliance Inspection Fee.
Complaint-driven or inspector-initiated inspections of properties subject to this
Division shall be conducted by the city to ensure that such properties are in compliance
with the provisions of the Standard Housing Code and the city's Development
Standards; provided, however, this provision shall not be interpreted as authorizing the
city to conduct inspections of properties without the consent of the owner or occupant
or without a warrant.
If the inspection of a property reveals violations of three or more of the provisions
of Section 28.82, the Standard Housing Code, or the city's Development Standards
contained within Division 8, 12, 13, 14, 15, and/or 18, or a combination thereof, this
may trigger a code inspector's request with the consent of the owner/occupant or
designee, for an inspection of the interior of the property and/or a random sampling of
the properties involved which may include multiple units.
For inspections involving multiple units at one location and upon consent of
owner or designee or issuance of inspection warrant, a random sampling of the
properties will be inspected as follows:
· 1 - 4 units, all units
· 5 - 10 units, 50% of units
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Ordinance No.6932-02
. 11 - 29 units, 20% of units
· 30 - 49 units, 15% of units
· 50 or greater, if one location, 5% of the units with a maximum of 20 units
In the case of 50 or greater units, buildings/developments if the inspector finds one or
more, major, life safety or habitability violations in 5% of the units, the inspector may
ask to see more units up to a total of 100% of the units in the community.
The Development Services Director shall assess a noncompliance inspection fee
of $50.00 per unit inspected per re-inspection if any violation still exists after allowance
of a reasonable time period for compliance.
Section 3-2306. Penalties.
Failure to obtain or maintain an occupational license as required by Section 3-
2302 or failure to maintain a property in compliance with the code requirements set
forth in Section 3-2304, shall subject the violator to enforcement proceedings and
penalties in accordance with Article 7 of the Community Development Code and with
Code of Ordinances Section 1.12. The provision of this Division shall provide an
additional means of enforcement, but shall not prohibit the city from taking enforcement
action under other code provisions.
Section 3-2307. Revocation or Denial of occupational license.
In addition to the enforcement proceedings and penalties provided for in Section
3-2306, failure to comply with the provisions of this Division shall be considered just
cause for denial of the issuance of an occupational license for the subject property, and
for revocation of an existing occupational license pertaining to the subject property in
accordance with the procedure set forth in this Section. Prior to revocation or denial,
the city manager or his/her designee shall issue a Notice of Revocation or Denial
notifying the residential rental licensee of the city's intent to revoke or deny. The Notice
shall be sent certified mail, return receipt requested, to the last known address for the
residential rental licensee. Within ten calendar days from the date of mailing of said
notice, the license shall be automatically denied, revoked or nonrenewable, unless the
residential rental licensee files with the city clerk a written statement setting forth the
grounds for an appeal. Upon the filing of such written statement, the city clerk shall
notify the city manager, who shall schedule and conduct a hearing before the city
manager or designee within 30 calendar days from the date the written statement was
filed. The residential rental licensee shall be given written notice of the hearing by
certified mail, return receipt requested, and shall have an opportunity to present
evidence, cross examine witnesses, and be represented by counsel. The city shall
have the burden of proof by a preponderance of the evidence, and the city manager or
designee's decision shall be based solely on the evidence presented at the hearing.
Within ten calendar days of the hearing, the city manager or designee shall file with the
city clerk's office and serve on the residential rental licensee a written decision
containing findings of fact and conclusions of the legal basis for the decision. The
decision shall become final unless, within 30 days of the date the city manager or
designee files the decision with the city clerk, the residential rental licensee files a
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Ordinance NO.6932-02
petition for writ of certiorari in the circuit court for Pinellas County. The filing of a
pleading seeking judicial review shall automatically stay the revocation until judicial
review has been exhausted unless the city obtains injunctive relief. Any residential
rental licensee who has had an occupational license revoked or denied under this
Section or under Code of Ordinances Section 29.41 shall not be eligible to submit an
initial or renewal application for license to conduct residential rental business on the
subject property in the city until one year has expired from the date the license was
revoked or denied by the city or, if an appeal is taken while the business continues in
operation, until one year from the later of the date of the last decision or order affirming
the revocation or denial or the date the business ceases operations in compliance with
the decision or order.
Section 2. Appendix A, Code of Ordinances, is amended to read:
* * * * *
XXVIII. OCCUPATIONAL LICENSE FEES:
* * * * *
91.000
RENTAL, UNITS i1.:ID (2 or more) ..................................27.50
Plus, per unit over 5............................................... 1.55
* * * * *
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 21, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 4, 2002
Brian J. Aungs
Mayor-Commi
Approved as to form:
Attest:
c~. ~m~
Cyn 'a E. G<>t:tdeau
City erk
Leslie K. Dougall- s
Assistant City Attorney
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Ordinance NO.6932-02