TA02-02-03
T A 02-02-03
Ord.6932-02
Residential Rentals
Development
Services
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ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION
DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402, ALLOCATED
DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY
ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS
THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements, the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearwater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
Ordinance No. 6835-01
CDS Meeting 8-21-01
~1
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
. . H" ~ () E~ontinuances. A hearing may be continued to a specified date, time and place.
XrA~p The city clerk shall cause notice to be given to all persons originally entitled to I A
rylLf'A' ..~~ notice, of the date, time and place of such continued hearing tn thc some rp 1..t'.5.>
cn f2L 1\ ff1annor as specified in sections 'I 206(C) 4-206(C)(2)(b). (c) and (d). L:fV't\ 7 d~
(Y\teA v~~ y Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1 . The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
CDS Meeting 8-21-01
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2.
Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3.
Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4.
When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neiqhborhood conservation district shall vote on each
development standard proposed to be included in the neiqhborhood
conservation district. The format of the ballot and method of votinq shall
[be approved by the Community Development Coordinator. The results of
the vote shall be provided to the'City CommiSSion to be conSIdered when
reviewinq the proposed development standards. Any costs associated
with the conduct of such election shall be paid bv the neiqhborhood.
5.
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Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
3
Ordinance No. 6835-01
COB Meeting 8-21-01
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6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. In the event a neiqhborhood wants to amend the development standards
established in a neiqhborhood conservation district or eliminate the
neiqhborhood conservation district, a petition siqned by the owners of
sixty (60) percent of the real property within the neiqhborhood
conservation district shall be submitted to the Community Development
Coordinator. Alonq with the petitions, the neiqhborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neiqhborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation, the city manaqer shall submit a
written recommendation to the commission as to whether the
neiqhborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manaqer, the city commission shall consider the petition at a public
meetinq and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the oriqinal
adoption.
**********
Section 3. Article 4, Development Review and Other Procedures, Section 4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
No more th3n 20 percent of the dDevelopment rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
of the receiving site is not exceeded by 20 percent of the development potential of the
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
4
Ordinance No. 6835-01
CDS Meeting 8-21-01
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form: Attest:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
5 Ordinance No. 6835-01
COB Meeting 8-21-01
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WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the same no less
than seven days prior to such hearinq and in the manner as specified in sections
~ 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S::lmo no less
than seven days prior to such hearinq and in the manner as specified in sections
<1 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S3mo no less
than seven days prior to such hearing and in the manner as specified in sections
'I 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S3me no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the s~mo no less
than seven days prior to such hearinq and in the manner as specified in sections
1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S3mo no less
than seven days prior to such hearing and in the manner as specified in sections
4 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S::lme no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
.
.
CDB Meeting Date:
Case:
Agenda Item:
March 19, 2002
T A 02-02-03
Dl
CITY OF CLEARWATER
DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendment to the Community Development Code -
Ordinance No. 6932-02
INITIA TED BY:
Development Services Department
BACKGROUND INFORMATION:
For approximately one year, the Development Services Department has been working
with a diversified community focus group consisting of representatives from the
Clearwater Chamber of Commerce, the Association of Realtors, the Coalition of
Clearwater Homeowners Association, the Bay Area Apartment Association, the Tampa
Bay Chapter of National Association of Residential Property Managers, individual
owners of residential properties and citizens to formulate regulations to assure residential
rental units in the city are in compliance with the minimum housing and property
maintenance standards. The Development Services Department is requesting the Board to
consider amendments to the Community Development Code developed through this
extensive collaborative process.
ANALYSIS
Proposed Ordinance No. 6932-02 establishes a new division in the Community
Development Code to regulate rental residential units. The purpose and intent of the
residential rental compliance code is to gain compliance with minimum housing and
property maintenance standards which will clean up, repair, stabilize, encourage
revitalization, strengthen, and preserve our neighborhoods to create a safer, aesthetic,
economically viable, and more livable community. As part of this program, the city
agrees to continually provide information and education to the community and applicants
about the code.
Proposed provisions will require the occupational licensing of single-family residential
rental dwellings. Current provisions in the City's Code of Ordinances require licensing
for two or more units. The proposed ordinance requires owners of residential rental
property to acknowledge receipt of information that outlines minimum housing and
property standards that rental property must meet prior to issuance of an occupational
1
.
.
license. This acknowledgement must be given by signing a form entitled Residential
Rental Compliance - Notice Requirements of Minimum Applicable Standards (see
attachment.) This form lists the most commonly violated minimum housing and property
standards. In addition this document specifies that any violation that clearly constitutes a
hazard to the safety or health of the occupants must be immediately corrected, by repair
and rehabilitation or by demolition in accordance with the Standard Unsafe Building
Abatement Code adopted in Section 47.051. By signing this notice, the property owner
agrees to meet the requirements of the residential rental compliance ordinance.
The proposed ordinance provides for compliant driven or inspector initiated inspections
of rental residential units by the City. If any inspection reveals more than three
violations, an interior inspection may be requested and made upon consent of the
property owner.
Mandatory periodic inspections were not required by this ordinance because the focus
group was concerned that such a program would penalize the responsible landlords and
property owners who are keeping their properties well maintained, safe and desirable for
renters and the community. The focus group's majority was in favor of requiring
inspections and penalty charges to property owners who violate the laws in such a
manner that jeopardizes, and/or negatively impacts, the life, safety and living conditions
of the tenants, neighbors and the community in general. The focus group strongly
recognized this direction as a tool with which the city can hold unresponsive residential
rental property owners more accountable and responsible.
The proposed ordinance specifies that any violation that is not corrected may result in the
issuance of a Notice of Violation, which may require appearance before the Development
Code Enforcement Board, and/or a Notice to Appear before County Court. Should the
preponderance of the evidence show that the property owner was non-responsive to the
violations noted then the property owner could find their right to do business within the
City of Clearwater in jeopardy, as their occupational license could be subject to
revocation.
The proposed ordinance assesses a non-compliance inspection fee of $50.00 per unit per
re-inspection to be charged if any violation still exists after allowance of a reasonable
time period for compliance.
SUMMARY AND RECOMMENDATION:
The proposed amendments are consistent with the Comprehensive Plan and the
Community Development Code. The amendments require compliance of minimum
development standards, and associated housing standards for residential rental property
owners, occupational licensing and fee of rental of single family residential properties, a
re-inspection fee of $50 per unit per re-inspection if violations have not been corrected
within allowable time frames, and a Notice of Requirements document linked to the
occupational licensing of residential rental properties, which will require the licensees to
be aware of the standards, inspections requirements and violation procedures.
2
.
.
The Planning Staff in cooperation with the Development Services Department Staff
recommends APPROV AL of Ordinance No. 6932-02 that makes revisions to the
Community Development Code.
Presenter:
Jeff Kronschnabl, Director
Development Services Department
ATTACHMENTS:
Proposed Ordinance No. 6932-02
Residential Rental Compliance Notice Requirements of Minimum Applicable Standards
Residential Rental Comparison Chart
3
Ruscher, Amy
From:
Sent:
To:
Subject:
Clayton, Gina
Wednesday, March 20, 20028:36 AM
Ruscher, Amy
FW: Rental Compliance Code
Could you please print this and put in the file? Thanks!
-----Original Message-----
From: Kronschnabl, Jeff
Sent: Tuesday, March 19, 2002 9:46 AM
To: Chaplinsky, Paula; Goudeau, Cyndie
Cc: Stone, Ralph; Brumback, Garry; Horne, Bill; Herman, Sandra; Clayton, Gina; Tarapani, Cyndi
Subject: FW: Rental Compliance Code
FYI - as requested - thank you
Jeff
-----Original Message-----
From: Kronschnabl, Jeff
Sent: Thursday, March 14, 20029:27 AM
To: Herman, Sandra; Chaplinsky, Paula
Cc: Kronschnabl, Jeff
Subject: FW: Rental Compliance Code
As of March 19th. the revisions as discussed at the Monday morning work session have been made. In summary they
consist of the following three changes:
#1 - Under Ordinance No. 6932.02 document After discussion with Assistant City Attorney Leslie Dougall-Sides - under
Section 3-3207 - Revocation or Denial of Occupation License - "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." We were going to use the code board for the appeal process
but found this to be in conflict with other sections of our code. As a result, we reverted back to our previous draft which
designated the city manager as the person to notify.
#2 - Under the City of Clearwater Development Services Staff Report Text Amendment for the Community Development
Board - a change was made to the end of paragraph one on page two: " By signing this notice, the property owner
acknowledges receipt of the requirements of the residential rental compliance ordinance."
#3 - Under the Residential Rental Compliance Notice Requirements of Minimum Applicable Standards form at the bottom
of page two: "Residential Rental - In signing this form, I acknowledge receipt of the minimum applicable standards of the
Residential Rental Compliance Ordinance."
Thank you -
Jeff
[j
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Ordinance No. Rental Comparison Residential Rental ResidentialRentalCo
6932-02.doc Chart.doc Compliance ... mplianceNot...
1
.
.-
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 THEREFORE; 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 COMPLIANCE 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, roominghouses, 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).
1
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:
2
Ordinance No.6932-02
.
.
. 1 - 4 units, all units
. 5 - 10 units, 50% of units
. 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, 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 rentaUicensee 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 Development Services Director, who shall schedule a hearing before the
Municipal Code Enforcement Board within 45 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.
3
Ordinance No.6932-02
.
.
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
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 11:21 (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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
4
Ordinance No.6932-02
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City of Clearwater
Development Services Department
100 South Myrtle Avenue, Clearwater, FL 33756
Phone (727) 562-4567 Fax (727) 526-4576
Residential Rental Compliance
Notice Reauirements of Minimum Applicable Standards
Name
PRIMARYPl'o
Name/Contact Person
Street Address
Street Address (Not a Public or Private Post Box)
City/State/Zip
City/FLORI DA * /Zip
Telephone:
( )
Property Address:
Telephone:
( )
Number of Rental Units/Property Details (Le., one unit/single family home, or two/duplex, etc.):
*For PRIMARY Property Management Information, Local representative must have a local address (not a public P.O. Box
or any other private mail box service) in Pinellas, Hillsborough, Pasco, Manatee, or Sarasota Counties.
Name/Contact Person/Company
roperty Man
Street Address
City/STATE/Zip
Telephone
Residential Rental Compliance Regulations
Every residential unit is required to adhere to all minimum requirements of the Clearwater Community
Development Code: Part I Community Development Code and Part II Building and Development Regulations,
which include Article 3. Development Standards, and Chapter 49, the Standard Housing Code and Section
28.82 (Address Numbers).
In particular, the following minimum Housing Code standards will be considered when inspections are
requested for residential rental units:
1 . Kitchens and Sanitary Facili.
a. Kitchen sink, refrigerator, stove
b. Lavatory
c. Tub and/or shower
d. Water closet
e. Pipes
f. Hot and Cold Water Supply
2. Heating Facilities
3. Fire Protection/Smoke Detectors
4. Minimum ReqUirement. Light and Ventilation
a. Windows
b. Ventilation
c. Bathroom
d. Electric lights and outlets
e. Light in Halls and stairways
5. Electrical Facilities
6. Walls, Roofs, Ceilings, Floors (check for leaks, etc.)
7. Space Requirements
8. Stairs/Porches and Appurtenances (if applicable)
9. Windows and Doors
10. Extermination (insects, rodents and other pests)
Attention: All buildings, structures, or electrical, gas, mechanical or plumbing systems which are unsafe or unsanitary, or
which do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life,
or which in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings, structures, or
service systems and are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in
accordance with the provisions of the Standard Unsafe Building Abatement Code adopted in Section 47.051.
In particular, the following minimum standards of the Community Development Code, which include the City's
Development Standards - Divisions 8, 12, 13, 14, 15, and/or 18 and Section 28.82 (Address Numbers), will
be considered when inspections are requested for residential rental units:
1. Abandoned (inoperative) Vehicles 6. Grass and Overgrowth/Landscaping
2. Address Numbering and Signage 7. Outdoor Storage
3. Debris 8. Parking Restrictions/Lots
4. Fencing - Structurally Sound 9. Outdoor Lighting
5. Graffiti 10. Trash Removal Facilities
Residential Rental - In signing this form, I acknowledge the minimum applicable standards of the Residential
Rental Compliance Ordinance given to me on this date.
Signature of Property Owner
DRAFT Revised 11/29/01
DRAFT Revised 12/11/01
DRAFT Revised 02/05/02
DRAFT Revised 02/20/02
Date