§ 15-282. Penalties, offenses, and revocation.

(a)

Any certificate of compliance issued pursuant to this article may be denied, revoked, or suspended by the city manager or his or her designee upon the adjudication of a violation of this article, any city ordinance, or state law by the responsible party, property owner or transient occupant attributable to the property for which the certificate of compliance is issued. Such denial, revocation or suspension is in addition to any penalty provided herein.

(b)

Offenses/violations.

(1)

Non-compliance with any provisions of this article shall constitute a violation of this article.

(2)

Separate violations. Each day a violation exists shall constitute a separate and distinct violation, except that violations of subsection 15-278(2), regarding occupancy, shall constitute a single violation for a rental period.

(c)

Remedies/enforcement.

(1)

Any person violating any of the provisions of this article shall be deemed guilty of a civil infraction. The amount of the civil penalty for each uncontested violation shall be $200.00 and for each contested violation the penalty shall be $275.00. Repeat violations shall be assessed consistent with section 11-21, of this Code. Code enforcement activities will be in accordance with chapter 11 of this Code and the unified land development regulations of the city. Notwithstanding, a law enforcement officer is authorized to issue a citation under this section and a code inspector or law enforcement officer may issue a citation pursuant to this section without issuing a written warning notice as provided in subsection 11-18.b.

(2)

Additional remedies. Nothing contained herein shall prevent the city from seeking all other available remedies which may include, but not be limited to, suspension or revocation of a vacation rental certificate of compliance, injunctive relief, liens and other civil and criminal penalties as provided by law, as well as referral to other enforcing agencies.

(d)

Suspension of vacation rental certificate of compliance. In addition to any fines and any other remedies described herein or provided for by law, a special magistrate may suspend a vacation rental certificate of compliance in accordance with the following:

(1)

Suspension time frames.

a.

Upon a third violation of this article the vacation rental certificate shall be suspended for a period of one hundred eighty (180) calendar days.

b.

Upon a fourth violation of this article the vacation rental certificate shall be suspended for a period of three hundred sixty-five (365) calendar days.

c.

For each additional violation of this article the vacation rental certificate shall be suspended for an additional thirty (30) calendar days up to a maximum period of twelve (12) months. For example, the fifth violation shall be for three hundred ninety-five (395) calendar days; the sixth violation shall be for four hundred fifteen (415) calendar days, and so on.

d.

A vacation rental certificate of compliance shall be subject to temporary suspension beginning five (5) working days after a citation is issued for a violation of the Florida Building Code, or Florida Fire Prevention Code. Such suspension shall remain in place until the vacation rental is reinspected and it is determined that the violation no longer exists by the city.

(2)

Suspension restrictions. A vacation rental may not provide transient occupancy during any period of suspension of a vacation rental certificate.

a.

The suspension shall begin immediately following notice, commencing either:

i.

At the end of the current vacation rental lease period; or

ii.

Within thirty (30) calendar days, whichever date commences earlier, or as otherwise determined by the special magistrate.

b.

Operation during any period of suspension shall be deemed a violation pursuant to this article and shall be subject to daily fine, up to one thousand dollars ($1,000.00) or to the maximum amount as otherwise provided in Florida Statutes for repeat violations, for each day that the vacation rental operates during a period of violation.

c.

An application for a renewal may be submitted during the period of suspension; however, no certificate of compliance may be issued for the vacation rental until the period of suspension has expired.

( Ord. No. C-16-25 , § 1, 12-6-16)

Editor's note

Ord. No. C-16-25 , § 1, adopted December 6, 2016, amended section 15-282 to read as herein set out. Former section 15-282, pertained to revocation, and derived from Ord. No. C-15-29, § 1, 8-18-2015 .