Ord 08-12http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5365&Meeti
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 10, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF FEBRUARY 21, 2012 ORDINANCE
NO. 08-12 ITEM BEFORE COMMISSION This ordinance is before Commission for a public hearing to consider a city-initiated amendment to Chapter 117, “Landlord Permits”, of the Code of Ordinances,
by amending Section 117.01, “Permit Required”, to clarify when a permit is required; amending Section 117.03, “Approval of Application”, to provide additional requirements; amending
Section 117.04, “Denial or Revocation of Permit Application; Appeals”, to clarify grounds for revocation; and amending Section 117.06, “Tenant/Occupant Eviction”, to ensure notice and
due process rights are followed or alternate housing is provided. BACKGROUND At the first reading on February 7, 2012, the Commission passed Ordinance No. 08-12 . RECOMMENDATION Recommend
approval of Ordinance No. 08-12 on second and final reading . Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5365&MeetingID=345 2/23/2012
ORDINANCE NO. 08-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, “LANDLORD PERMITS”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 117.01, “PERMIT REQUIRED”, TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, “APPROVAL OF APPLICATION”, TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING
SECTION 117.04, “DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS”, TO CLARIFY GROUNDS FOR REVOCATION; AND AMENDING SECTION 117.06, “TENANT/OCCUPANT EVICTION”, TO ENSURE NOTICE AND
DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City
of Delray Beach, Florida, has determined that enforcement of various City ordinances can be improved by greater involvement by the owners of property; and WHEREAS, the City Commission
of the City of Delray Beach, Florida, desires to improve the quality of life for its residents; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has developed a
point system whereby landlord permits may be revoked for repeated instances of warning, temporary compliance and repeated violation of nuisance ordinances in order to more effectively
address violations that affect the rights of residents adjacent to residential rental property within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray
Beach, Florida, seeks to update and revise the permit process to reflect the ongoing development of public policy as it regards to interests of the residents of the City, including congestion
to street parking, in residential neighborhoods, and other issues of public health and safety concern; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires
to ensure that proper eviction proceedings are followed by all landlords within the City of Delray Beach in accordance with Chapter 83, Florida Statutes, or other methods of due process
afforded to reduce homelessness and crime in the City of Delray Beach; and WHEREAS, the courts have stated that houses for recovering addicts are subject to Residential Landlord Tenant
Act requirements pertaining to evictions. See, Burke v. Oxford
2 ORD NO. 08-12 House of Oregon Chapter V, 341 Or. 82, 137 P.3d 1278 (Or. 2006); and WHEREAS, hotels/motels are licensed by the Department of Business and Professional Regulation and
are not regulated by landlord/tenant laws; and WHEREAS, all residential tenancies that are located in residential zoning districts and are not classified as hotel/motel uses shall be
regulated by this section regardless of the length of the lease or occupant contract unless such tenancies are licensed as Group Homes or Community Residential Homes per § 419.001, Fla.
Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, “Landlord Permits”, Section 117.01, “Permit
Required”, shall be amended to read as follows: Sec. 117.01. PERMIT REQUIRED. (A) No person, company or other entity may offer to or lease, sublease, rent, license, sublicense or have
any other arrangement allowing occupancy of any residential units unless a landlord permit is obtained or in existence for the units. All oral rental arrangements shall be included within
the scope of this Section, but the operation of a hotel shall not be included in this Section (any building which fits the definition of hotel but also fits the definition of another
use which requires a landlord permit shall be interpreted to require a landlord permit), nor shall any facility licensed by the State as a Group Home or Community Residential Home or
Assisted Living Facility. Whenever Chapter 117 refers to “lease(s)”, “leased”, “rent(s)”, or “rented”, it shall hereinafter include leases, subleases, rentals, licenses, sublicenses
and all other arrangements for the occupancy of property. (B) A separate permit shall be required for each leased unit. However, where a building contains a number of leased units under
the same owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit
may be obtained for all qualifying units within a single building which are under the same owner or agent, provided that the permit fee is paid for each individual unit. Any such permit
issued by the City for residential unit(s) being leased for the first time shall be conditioned upon the applicant providing the City’s Director of Community Improvement or his/her designee
a current copy of all leases, subleases and/or agreements to occupy the building or unit(s) therein and providing updated copies of all leases, subleases and/or agreements to occupy
the building or unit(s) therein within thirty (30) days of any changes. In the event of an oral agreement between the parties instead of a written lease, the terms of these agreements
shall be reduced to writing, specifically including, but not limited to, duration of the lease
3 ORD NO. 08-12 term, rental payment, and number of tenants, such information to be provided to the City at the time of application and within thirty (30) days of any modification thereof.
Any such permit being renewed by the City shall be conditioned upon the applicant providing to the City’s Director of Community Improvement or his/her designee all required information
with the application. Nothing in this Section shall require a permit for any unit enrolled in Federal housing programs or under Federal [Department of] Housing and Urban Development
general supervision. (C) Leased residential dwelling units seeking such permits shall be limited to four (4) vehicles per dwelling unit, for which residential parking stickers may be
obtained, provided that, upon good cause shown, specifically including availability of garage space, additional parking stickers may be issued by the Community Improvement Director,
if the additional stickers will not affect the quality of the neighborhoods. Section 2. That Chapter 117, “Landlord Permits”, Section 117.03, “Approval of Application”, shall be amended
to read as follows: Sec. 117.03 APPROVAL OF APPLICATION. (A) The Community Improvement Director or his/her designee, shall grant approval for the lease of units within the City for residential
purposes upon the filing of an application on forms designated by the City and a determination: (1) That the applicant has an interest in the property or is the agent or acting under
the permission of one with a sufficient interest in the property to obtain a landlord permit; (2) That the units comply with the requirements of the Housing Code as set forth in Section
7.4.1 of the Land Development Regulations of the City of Delray Beach with regard to those facilities necessary to make the rental unit habitable specifically including, but not limited
to, numbers of bedrooms and bathrooms required for the number of persons who will occupy the dwelling; (3) That the rental of the units is in compliance with applicable zoning code regulations
as enumerated in Chapter 4 of the Land Development Regulations as well as all other applicable regulations within the City’s Code of Ordinances and Land Development Regulations;
4 ORD NO. 08-12 (4) That no more than three (3) unrelated persons shall reside in any unit as further defined in the definition of “family” as provided in Appendix “A” of the Land Development
Regulations; (5) That an annual permit fee in accordance with Section 117.02 is paid; (6) That the applicant and applicant’s property are not in violation of this article; (7) That proof
of payment of state sales tax is provided on an annual basis at renewal for all leases that are less than six (6) months in duration in accordance with Section 212.03, Fla. Stat.; (8)
That a local business tax receipt has been obtained for all leases that are rented more often than six (6) times in any one (1) year; and (9) (8) That the applicant has certified that
they will provide each tenant with a copy of: a. Chapter 83, Florida Statutes, Part II, entitled “Residential Tenancies”; b. Chapter 117 of the Code of Ordinances, entitled “Landlord
Permits”; and c. A pamphlet provided by the City containing guidelines for rentals. (9) If the applicant is not otherwise required to follow Chapter 83, Florida Statutes, then the applicant
shall provide proof of availability of an alternative temporary dwelling unit in the event of an eviction, in compliance with Section 117.06 of the Code of Ordinances of the City of
Delray Beach; and (10) All tenants shall be in compliance with Chapter 136 of the Code of Ordinances of the City of Delray Beach regarding Sexual Offenders and Sexual Predators. (B)
Any permit shall be conditioned upon receipt of the documents required by Section 117.01(B).
5 ORD NO. 08-12 Section 3. That Chapter 117, “Landlord Permits”, Section 117.04, “Appeals”, shall be amended to read as follows: Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION;
APPEALS. (A) A Ppermit application may be denied for the following reasons: (1) The application for permit is not fully completed and executed, with the Landlord Permit Affidavit; (2)
The applicant has not tendered the required application fee with the application; (3) The application for permit contains a material falsehood or misrepresentation; (4) The use is not
allowed in the zoning district; (5) The applicant had their landlord permit revoked within the last twelve (12) months as set forth in Section 117.04(B) below. (B) Permits may be revoked
for the following reasons: (1) Violations of the City’s Ordinances or state laws where the violation takes place at a unit regulated by this Section Chapter 117 of the Code of Ordinances
of the City of Delray Beach shall be grounds for applicable fines and the commencement of permit revocation proceedings as follows: (a) For each civil citation for a violation of a City
ordinance, one (1) point will be assessed on the landlord permit for that individual unit. (b) After two (2) points are assessed on a landlord permit for an individual unit, the City
Manager or his/her designee will send a written warning to the permittee or agent. The warning will specify which ordinance or ordinances have been violated and will state that further
citations or violations could lead to a revocation of the permit. (c) Accumulation of three (3) or more points on a landlord permit for an individual unit during a 12-month period from
the date of
6 ORD NO. 08-12 the first citation shall constitute a violation of Chapter 117 of the Code of Ordinances of the City of Delray Beach. this section and the certifications of the applicant
described above, subjecting the permittee to revocation of the permit for the individual unit. (2) The representations made in the permit application are no longer true and correct.
(3) The lease, sublease and/or agreement and a written statement regarding all lease arrangements to occupy the dwelling or unit(s) therein is not updated within thirty (30) days of
any changes. (C) Appeals of a denial or revocation of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Community Improvement
Director and the Planning and Zoning Director or their respective designees. The City Attorney’s Office shall act as counsel to the Permit Review Committee. Requests for appeal must
be made in writing and received by the Community Improvement Director within thirty (30) days of formal notice of denial or revocation with the date of the notice of denial being the
first day. Decisions of the Permit Review Committee may be appealed to the City Commission, whose decision shall be final subject to any appeal of such decision to the Circuit Court
of Palm Beach County. Section 4. That Chapter 117, “Landlord Permits”, Section 117.06, “Tenant Eviction”, of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted
to read as follows:
7 ORD NO. 08-12 Sec. 117.06. TENANT/OCCUPANT EVICTION. (A) All applicants granted a landlord permit to lease residential units within the City’s Residential Zoning Districts must provide
notice prior to evicting a tenant or occupant in accordance with Chapter 83 of the Florida Statutes. (B) All residential uses requiring a landlord permit that are not otherwise required
to follow Chapter 83, Florida Statutes, shall provide either forty-eight (48) hours notice of eviction in writing to the tenant/occupant or provide an alternative temporary dwelling
unit for the tenant/occupant for at least forty-eight (48) hours to avoid increased homelessness and crime and to ensure that tenant/occupant’s due process rights are not violated. (C)
All applicants granted a landlord permit to lease residential units within the City’s Residential Zoning Districts that are otherwise not required to follow Chapter 83, Florida Statutes,
must provide proof of available alternative temporary dwelling unit(s) to the Community Improvement Director when submitting an application for landlord permit under Section 117.03 of
the Code of Ordinances of the City of Delray Beach. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately
upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ___________________________________
_ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
1 Community Improvement 100 NW 1st Avenue Delray Beach, Fl 33444 INSTRUCTIONS FOR APPLICATION AND AFFIDAVIT FOR LANDLORD PERMIT RESIDENTIAL PROPERTY (561) 243-7243 1. Applicants are
hereby advised that any leases, subleases, and/or agreements to occupy the building for which a permit is sought should provide that such agreement does not become effective until receipt
of the approval by the City’s Director of Community Improvement or his/her designee of this application. 1. 2. Please complete all applicable information on the Application for Landlord
Permit and the Landlord Permit Affidavit. Note: Please complete the Permit Application for each rental unit. Attach additional sheets as necessary. A Landlord Permit is NOT required
for a hotel, for any unit enrolled in a federal housing program, or under Housing and Urban Development general supervision. 2. 3. A Landlord Permit Affidavit must be notarized and submitted
with each application. A permit cannot be issued without the affidavit. Be sure to read the information on the reverse side of the affidavit. (A Notary Public is available in the Code
Enforcement Division.) 3. 4. Landlord Permits are issued for the 12-month period of November 1, through October 31, at a fee of $60.00 per rental unit. Each separate lease, sublease,
and/or agreement constitutes a rental unit. Please do not send cash. Checks must be made payable to the City of Delray Beach. The fee will not be prorated. Landlord Permits not renewed
within 60 days of the annual renewal date will be subject to triple permit fees. 4. 5. Please return your completed application, notarized affidavit, supplemental sheets (if any), and
payment to Landlord Permit Section, Code Enforcement Division, City of Delray Beach, 100 NW 1st Avenue, Delray Beach, Florida 33444. 6. If approved, applicants shall be required to provide
a copy of the lease, sublease and/or agreement for each rental dwelling unit at the time of the application and/or renewal. In the event of an oral agreement between the parties instead
of a written lease, the terms of these agreements shall be reduced to writing specifically including, but not limited to, duration of the lease term, rental payment, and number of tenants,
such information to be provided to the City at the time of application and within thirty (30) days of any modification thereof.
2 If you have any questions or need further information, please call the Code Enforcement Division at (561) 243-7243, 8:00 AM to 5:00 PM, Monday through Friday. Landlord Permit # ______________
CITY OF DELRAY BEACH APPLICATION FOR LANDLORD PERMIT IF YOU HAVE MORE THAN ONE RENTAL UNIT AND IF YOU RECEIVE A SEPARATE PROPERTY TAX BILL FOR EACH UNIT, YOU MUST COMPLETE A SEPARATE
APPLICATION FOR EACH UNIT. PLEASE PRINT Property Control No. __ __-__ __-__ __-__ __-__ __-__ __ __-__ __ __ __ Rental Address ________________________________________________________________________
_ Property Owner _____________________________________________Phone ______________________ Mailing Address _______________________________________________________________________ City
_______________________________ State __________________ Zip ______________ Type of Building _____ Single Family _____ Duplex _____ Multi Family Are you under the HUD Program? Yes ________
No ________ TOTAL NUMBER OF UNITS OR SEPARATE LEASES IN BUILDING ____ NUMBER OF RENTAL UNITS FOR THIS PERMIT ____ PLEASE COMPLETE THIS RENTAL INFORMATION: Unit No. _____ No. of Bedrooms
_____ No. of BedBathrooms ____ Total No. of Occupants _____ Unit No. _____ No. of Bedrooms _____ No. of BedBathrooms ____ Total No. of Occupants _____ Unit No. _____ No. of Bedrooms
_____ No. of BedBathrooms ____ Total No. of Occupants _____ Unit No. _____ No. of Bedrooms _____ No. of BedBathrooms ____ Total No. of Occupants _____ Unit No. _____ No. of Bedrooms
_____ No. of BedBathrooms ____ Total No. of Occupants _____ A notarized Landlord Permit Affidavit (attached) MUST accompany this application before a permit will be issued. Signature
of Owner or Authorized Agent _____________________________________________________ DO NOT WRITE BELOW THIS LINE ---------------------------------------------------------------------------------------
----------------------------------------DATE: _______________ AMOUNT PAID:_____________
3 SUPPLEMENTAL SHEET FOR APPLICATION FOR LANDLORD PERMIT DESIGNATE UNIT NUMBERS BELOW: Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________
Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of
Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________
Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of
Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms
________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________
No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________
Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of
Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________
Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of
Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms
________ No. of Bathrooms ________ Total No. of Occupants ________ Unit No. ________ No. of Bedrooms ________ No. of Bathrooms ________ Total No. of Occupants ________
LANDLORD PERMIT AFFIDAVIT RESIDENTIAL PROPERTY I, ________________________________, being duly sworn affirm that I am authorized to apply for a landlord permit for the following residential
unit(s) located at because: I am the actual owner of the unit(s) I have the legal authority to represent the actual owner of the unit(s). authorization from the property owner.] I have
read and understand the requirements of and 305.4 of the Delray Beach Code of Ordinances and Land Development Regulations Housing Code, ] as printed on the reverse side of this document,
described residential unit(s) complies with those requirements. I further affirm that the above residential unit(s) is in sound structural condition, has electrical service and that
all electrical devices are properly installed and in good working order. I also affirm that every habitable room has at least one window or skylight facing directly to the outdoors and
that all windows are capable of being easily opened and secured in position by existing window hardware and have screens (if there is no central a/c) and unbroken glazing. New or Renewing
Landlord Permit Application I am applying for a Landlord Permit for the above described residential unit(s) for the first time. I am enclosing a copy of the current lease for eac this
Affidavit. I am applying to renew an existing Landlord Permit for the above described residential unit(s). I am enclosing a copy of the current lease for each above described residential
unit(s) w Affidavit. Description of Vehicles for Parking Stickers: Vehicle 1: Make__________ Model ___________ Color:__________ License Plate Number:________ Vehicle 2: Make__________
Model ___________ Color:__________ License Plate Number:________ Vehicle 3: Make__________ Model ___________ Color:__________ License Plate Number:________ Vehicle 4: Make__________
Model ___________ Color:__________ License P 4 , ________________________________ OR [Submit a copy of your Sections [302.1, 302.3, 302.5.1, 302.6, 302.7, 302.9 and affirm that the above
eens each of the above described residential unit(s) with Plate Number:________ _____________________________ Standard h with this late
Compliance with Chapter 117, “Landlord Permits” I certify that I am in compliance with all applicable requirements of Chapter 117, Landlord Permits, including specifically the following:
1. I will provide each tenant with a a. Chapter 83, Florida Statutes b. Chapter 117 of the Code of Ordinances, entitled “Landlord Permits”; and c. A pamphlet provided by the City containing
guidelines for rentals. 2. I am am not [y Chapter 83, Florida Statutes, regarding evictions. For those applicants that are not otherwise required to follow Chapter 83, am providing with
my Landlord Permit Affidavit alternative temporary dwelling unit in the event of an eviction, in compliance with Section 117.06 of the Code of Ordinances of the City of Delray Beach:_________________
_ __________________________________________ [describe type of proof and attach proof to Affidavit]. 3. All of my tenants shall be in compliance with Chapter 136 of the Code of Ordinances
of the City of Delray Beach regarding Sexual Offenders and Sexual Predat I will inform the City of Delray Beach Code Enforcement Division of any changes from the original Application
for Landlord Permit and supplemental sheets (if utilized) concerning ownership, owner's mailing address for permits and renewals, number of Federal programs or HUD supervision, number
of bedrooms or number of occupants in each unit within thirty (30) days of each such change will only be rented to occupants whose relationship does not violate the City's definition
of family, which definition is printed on the reverse side of the Instructions for Landlord Permit Application and which I acknowledge as reading and understanding. Owner or Authorized
Agent: ________________________________________________________________ STATE OF ___________________________ COUNTY OF _________________________ The foregoing instrument was acknowledged
before me this __________ day of ________________, 20____, by ____________________________________ who is personally known to me or who has produced (NAME) _________________________________
as identification and who did take an oath. 5 copy of: Statutes, Part II, entitled “Residential Tenancies”; you must check one of the boxes] otherwise required to follow , the following
proof of availability of an _________________________________________________________________________________ unit(s), number of units under change. I affirm that the individual unit(s)
described above hose __________________________________________________________ (Signature) , ou Florida Statutes—I _______________________________________ Predators. .
6 (TYPE OF ID) __________________________________________ __________________________________________ Signature Title __________________________________________ _______________________________________
___ Type, Print, or Stamp Name Serial Number
7 FAMILY DEFINITION: “Family” shall mean two (2) or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, and/or a group of persons not
more than three (3) in number who are not so interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. Any person
under the age of 18 years whose legal custody has been awarded to the State Department of Health and Rehabilitative Services or to a child-placing agency licensed by the Department,
or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the
family for the purposes of this definition. Occupancies in excess of the number allowed herein shall have twelve (12) months from the date of the enactment of this definition or the
termination of the current lease agreement to come into compliance, whichever occurs first.
8 You are responsible for knowing all applicable laws. Sections of the Standard Housing Code are provided here for reference only and are not intended to be exhaustive. 302.1 Sanitary
Facilities Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet all in good working condition and properly connected to an approved
water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks and obstructions.
302.3 Hot and Cold Water Supply Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory, tub or shower. All water shall be
supplied through an approved distribution system connected to a potable water supply. 302.5.1 Heating Facilities Every dwelling unit shall have heating facilities which are properly
installed, are maintained in safe and good working conditions and are capable of safely and adequately heating all habitable rooms and bathrooms. 302.6 Kitchen Facilities Every dwelling
unit shall contain a kitchen equipped with the following minimum facilities: 1. Food preparation surfaces impervious to water and free of defects which could trap food or liquid. 2.
Shelving, cabinets or drawers for the storage of food, cooking and eating utensils, all of which shall be maintained in good repair. 3. Freestanding or permanently installed cook stove.
Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited. 4. Mechanical refrigeration equipment for the
storage of perishable foodstuffs. EXCEPTION: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment
and/or a cook stove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists. 302.7
Garbage Disposal Facilities Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, or a type and location approved by the applicable governing
body. 302.9 Smoke Detector Systems Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer’s recommendations and listing.
When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217 (1989), Single and Multiple Station Smoke
Detectors.
9 305.4 Means of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of 7 ft (2134 mm) leading to a safe and open space at ground level.
Stairs shall have a minimum head room of 6 ft 8 inches (2032 mm). Sec. 117.03 APPROVAL OF APPLICATION A. The Community Improvement Director or the assigned designee, shall grant a approval
landlord permit for the lease, sublease, and/or agreement for each rental of units within the City for residential purposes upon the filing of an application on forms designated by the
City and a determination: 1) That the applicant has an interest in the property or is the agent or acting under the permission of one with a sufficient interest in the property to obtain
a landlord permit; 2) That the units comply with the requirements of the Housing Code as set forth in Section 7.4.1 of the Land Development Regulations of the City of Delray Beach with
regard to those facilities necessary to make the rental unit habitable specifically including, but not limited to, numbers of bedrooms and bathrooms required for the number of persons
who will occupy the dwelling; 3) That the rental of the units is in compliance with applicable zoning code regulations as enumerated in Chapter 4 of the Land Development Regulations
as well as all other applicable regulations within the City’s Code of Ordinances and Land Development Regulations; 4) That no more than three unrelated persons shall reside in any unit
as further defined in the definition of “family” as provided in Appendix “A” of the Land Development Regulations; 5) That an annual permit fee in accordance with Section 117.02 is paid;
6) That the applicant and applicant’s property are not in violation of this article; New Requirements: 7) That proof of payment of state sales tax is provided on a annual basis at renewal
for all leases that are less than six (6) months in duration in accordance with Section 212.03, Fla. Stat.; 8) That the applicant has certified that they will provide each tenant with
a copy of: a. Chapter 83, Florida Statutes, Part II, entitled “Residential Tenancies”; b. Chapter 117 of the Code of Ordinances, entitled “Landlord Permits”; and c. A pamphlet provided
by the City containing guidelines for rentals. 9) That if the applicant is not otherwise required to follow Chapter 83 or other regulations and laws concerning eviction proceedings,
the applicant provides proof of availability of an alternative temporary dwelling unit in the event of an eviction, in compliance with Section 117.06 of the Code of Ordinances of the
City of Delray Beach; and
10 10) All tenants will be in compliance with Chapter 136 of the Code of Ordinances of the City of Delray Beach regarding Sexual Offenders and Sexual Predators. B. Any permit shall be
conditioned upon receipt of the documents required by Section 117.01(B). Section 3. That Chapter 117, “Landlord Permits”, Section 117.04, “Appeals”, shall be to read as follows: Sec.
117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION: APPEALS A. A Ppermit application may be denied for the following reasons: 1) The application for permit is not fully completed and
executed, with the Landlord Permit Affidavit; 2) The applicant has not tendered the required application fee with the application; 3) The application for permit contains a material falsehood
or misrepresentation; 4) The use is not allowed in the zoning district; 5) The applicant had their landlord permit revoked within the last twelve (12) months as set forth in Section
117.04(B) below. B. Permits may be revoked for the following reasons: 1) Violations of the City’s Ordinances or state laws where the violation takes place at a unit regulated by this
Section Chapter 117 of the Code of Ordinances of the City of Delray Beach shall be grounds for applicable fines and the commencement of permit revocation proceedings as follows: a. For
each civil citation for a violation of a City ordinance, one (1) point will be assessed on the landlord permit for that individual unit. b. After two (2) points are assessed on a landlord
permit for an individual unit the City Manager or his/her designee will send a written warning to the permittee or agent. The warning will specify which ordinance of ordinances have
been violated and will state that further citations or violations could lead to a revocation of the permit. c. Accumulation of three (3) or more points on a landlord permit for an individual
unit during a 12-month period from the date of the first citation shall constitute a violation of Chapter 117 of the Code of Ordinances of the City of Delray Beach. this section and
the certifications of the applicant described above, subjecting the permittee to revocation of the permit for the individual unit. 2) The representations made in the application are
no longer true and correct. 3) The lease, sublease and/or agreement and written statement regarding all lease arrangements to occupy the building or unit(s) therein is not updated within
thirty (30) days of any changes.
11 O RD IN AN CE N O . 03-12 AN O RD IN AN CE O F TH E CITY CO M M ISSIO N O F TH E CITY O F D ELRAY BEACH , FLO RID A, AM EN D IN G SECTIO N 4.3.3, “SPECIFIC REQ UIREM EN TS FO R SPECIFIC
USES”, BY AM EN D IN G SUBSECTIO N 4.3.3(ZZZ), “TRAN SIEN T RESID EN TIAL USE”, IN O RD ER TO CLARIFY PRO H IBITIO N S, EXEM PTIO N S/EXCEPTIO N S, W AIVERS, AN D PEN ALTIES FO R SAM
E; AM EN D IN G APPEN D IX “A”, “D EFIN ITIO N S”, IN O RD ER TO AM EN D TH E D EFIN ITIO N O F “TRAN SIEN T RESID EN TIAL USE”; PRO VID IN G A SAVIN G CLAUSE, A G EN ERAL REPEALER CLAUSE,
AN D AN EFFECTIVE D ATE. W H EREAS, the City Com m ission hereby finds and declares that the leasing, renting, licensing, subleasing or otherwise allowing in any m anner or form the
use of single-fam ily residential dwelling units for periods of less than twelve (12) m onths with a turnover in occupancy m ore often than three (3) tim es per year to any person, entity
or fam ily, is a non-residential activity and is not considered an accessory use custom arily accessory and incidental and subordinate to the prim ary intended purpose of dwellings,
See, Schwarz v. City of Treasure Island, 21 Fla.L.W eekly Fed. C11541 (11th Cir. 2008); and W H EREAS, the Census D ata collected by the U.S. Census Bureau in 2010 provides that the
average fam ily size is 2.24 people in the City of D elray Beach; and W H EREAS, transient residential uses often m axim ize occupancy causing increased pressure on infrastructure, including:
garbage, sewer, water, roadways, and utilities; code enforcem ent, law enforcem ent, fire protection and inspection services; and W H EREAS, transient residential uses can result in
increased noise and traffic in single-fam ily residential com m unities; and W H EREAS, unless regulations are placed on the am ount and location of transient uses, such uses could overwhelm
the non-transient related single-fam ily residential com m unity m aking the City of D elray Beach a less attractive place to reside; and W H EREAS, transient residential uses can be
incom patible with perm anent and seasonal residential uses if not properly planned, controlled and regulated; and W H EREAS, the rapid turnover in occupancy associated with transient
residential uses can be a disruptive influence on the peaceful use and enjoym ent of single fam ily residential areas; and W H EREAS, reserving land for single fam ily residences preserves
the character of neighborhoods, securing “zones where fam ily values, youth values, and the blessings of quiet seclusion and clean air m ake the area a sanctuary for people.” See, City
of Edmonds v. Oxford H ouse, 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d 801 (1995); and W H EREAS, Congress intended the FH A to “prohibit the use of zoning regulations to lim it
the ability of the handicapped to live in the residence of their choice in the com m unity; however, the FH A does not pre-em pt or abolish a m unicipality’s power to regulate land use
and pass zoning laws.” See, Jeffrey O. v. City of Boca Raton, 511 F. Supp. 2d 1339 (S.D . Fla. 2007); and W H EREAS, transient residential uses can displace perm anent single fam ily
residential dwellings and thus reduce the num ber of perm anent residents in the City and cause a reduction in state revenue sharing funds
12 necessary to support the services that influence the quality of life for residents, com m ercial interests, and visitors to the City of D elray Beach; and W H EREAS, uncontrolled
and unregulated transient residential uses is found to have a negative im pact on the City of D elray Beach’s econom y, property values, law enforcem ent, traffic, safety, and the general
health, safety, and welfare of the citizens of D elray Beach; and W H EREAS, the State of Florida has recognized that leases, rentals, licenses, subleases, and assignm ents or otherwise
allowing in any m anner the use of a residential dwelling unit for under six (6) m onths in duration is a transient use and is therefore taxed by the State of Florida at a rate of six
(6) percent of the total rental am ount charged; and W H EREAS, the D elray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before
the Planning and Zoning Board on D ecem ber 19, 2011, and said Board has recom m ended adoption of the changes to the City’s Land D evelopm ent Regulations regarding the regulation of
transient rental units by a vote of 6 to 0 ; and W H EREAS, the City Com m ission and the Planning and Zoning Board both find that the ordinance is consistent with the City’s Com prehensive
Plan. N O W , TH EREFO RE, BE IT O RD AIN ED BY TH E CITY CO M M ISSIO N O F TH E CITY O F D ELRAY BEACH , FLO RID A, AS FO LLO W S: Section 1. That the Land D evelopm ent Regulations
of the City of D elray Beach, Florida, Section 4.3.3, “Specific Requirem ents for Specific Uses”, Subsection 4.3.3(ZZZ), “Transient Residential Uses”, shall hereby be am ended to read
as follows: (ZZZ) TRAN SIEN T RESID EN TIAL USE The entire dwelling unit or any part thereof, which is located in Single Fam ily or Planned Residential D evelopm ent Zoning D istricts
and is operated or used in such a way that any part of the dwelling unit turns over occupancy m ore often than three (3) tim es in any one (1) year shall be presum ed to be a Transient
Residential Use and therefore prohibited. An entire dwelling unit or any part thereof, which is located in M edium D ensity Residential (RM ) Zoning D istricts and is operated or used
in such a way that any part of the entire dwelling unit turns over occupancy m ore often than six (6) tim es in any one (1) year shall be presum ed to be a Transient Residential Use
and therefore prohibited. (1) Exceptions/Exemptions: (a) Existing transient residential uses with a turnover m ore often than three (3) tim es per year but not exceeding six (6) tim
es per year in single-fam ily and planned residential developm ent zoning districts m ay continue until twelve (12) m onths after the effective date of this ordinance. (b) The leasing,
renting, licensing, subleasing or otherwise allowing in any m anner or form the use of a single-fam ily dwelling unit for Com m unity Residential and G roup H om es which are licensed
by the state are exem pt. (c) The real property owners of the dwelling unit and their fam ily are exem pt regardless of how m uch tim e the owners and fam ily spend at the dwelling unit
on a yearly basis.
13 (2) Waiver for Undue Economic Hardship: In all instances where there is a claim of undue econom ic hardship, the property owner m ay be granted a waiver from Section 4.3.3(ZZZ) after
subm ission of waiver request to the City’s Com m unity Im provem ent D irector or his/her designee including the following docum entation: (a) The am ount paid for the property, the
date of purchase, and the party from whom purchased; (b) The assessed value of the land and im provem ents thereon, according to the two m ost recent assessm ents; (c) Real estate taxes
for the previous two years; (d) Annual debt service or m ortgage paym ents, if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by
the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received, if
any; (g) The annual gross incom e from the property for the previous two years, if any; (h) The annual cash flow, if any, for the previous two years; (i) An applicant m ay subm it and
the Com m unity Im provem ent D irector or his/her designee m ay require that an applicant furnish additional inform ation relevant to the determ ination of any alleged undue econom
ic hardship; and (j) In the event that any of the required inform ation is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner
shall file statem ent of the inform ation which cannot be obtained and the reasons why such inform ation cannot be reasonably obtained. W here such unobtainable inform ation concerns
required financial inform ation, the property owner will subm it a statem ent describing estim ates which will be as accurate as are feasible. (3) Reasonable Accommodation: Reasonable
Accom m odations from this section m ay be obtained pursuant to LD R Section 2.4.7(G ). (4) Penalties for Violations: The City adopts all enforcem ent m ethods, which include, but are
not lim ited to, the issuance of a citation, sum m ons, notice to appear in county court, arrest for violation of m unicipal ordinances, civil citations, injunction or any other enforcem
ent m ethod authorized by law including penalties as set forth in Section 10.99 of the City’s Code of O rdinances. Any property owner that leases, rents, licenses, subleases, or otherwise
allows in any m anner or form the use of an entire dwelling unit within a single-fam ily or planned residential developm ent zoning district for a period of less than twelve (12) m onths
with a turnover in occupancy of any part of the dwelling unit m ore often than three (3) tim es in any one (1) year as well as those entire dwelling units that are located within M edium
D ensity Residential (RM ) Zoning D istricts with a turnover in occupancy of any part of the dwelling unit m ore often than six (6) tim es in any one (1) year shall be in violation of
this section.
14 (5) Severability: (a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term , or word of Section 4.3.3(ZZZ) is declared unconstitutional
by the valid judgm ent or decree of any court of com petent jurisdiction, the declaration of such unconstitutionality shall not affect the rem ainder of Section 4.3.3(ZZZ), “Transient
Residential Uses”. (b) If the entire Section 4.3.3(ZZZ) is declared unconstitutional by the valid judgm ent or decree of any court of com petent jurisdiction, the earlier version of
this section adopted by the City Com m ission on July 7, 2009 as O rdinance 29-09 shall be substituted herein and shall be deem ed to be in full force and effect. Section 2. That Appendix
“A”, “D efinitions”, of the Land D evelopm ent Regulations of the City of D elray Beach, Florida, shall hereby be am ended to read as follows: TRAN SIEN T RESID EN TIAL USE shall m ean
the entire dwelling unit or any part thereof, which is located in Single Fam ily or Planned Residential D evelopm ent Zoning D istricts and is operated or used in such a way that any
part of the dwelling unit turns over occupancy m ore often than three (3) tim es in any one (1) year and the entire dwelling unit or any part thereof, which is located in M edium D ensity
Residential (RM ) Zoning D istricts and is operated or used in such a way that any part thereof turns over occupancy m ore often than six (6) tim es in any one (1) year. Section 3. That
should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of com petent jurisdiction to be invalid, such decision
shall not affect the validity of the rem ainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the sam e are hereby repealed. Section 5. That this ordinance shall becom e effective im m ediately upon its passage on second and final reading. PASSED AN
D AD O PTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________
City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler -Director, Community Improvement THROUGH: David Harden -City Manager DATE: February 3, 2012 SUBJECT: AGENDA ITEM 12.D. -MEETING
OF FEBRUARY 7, 2012 ORDINANCE NO. 08-12 ITEM BEFORE COMMISSION City Commission consideration of approving Ordinance No. 8-12, amending Chapter 117, “Landlord Permits”, of the Code of
Ordinances of the City of Delray Beach, by amending Section 117.01, “Permit Required”, to clarify when a permit is required; amending Section 117.03, “Approval of Application”, to provide
additional requirements; amending Section 117.04, “Denial or Revocation of permit application; appeals”, to clarify grounds for revocation; and amending Section 117.06, “Tenant/Occupant
Eviction”, to ensure notice and due process rights are followed or alternate housing is provided. BACKGROUND City Commission directed staff to strengthen the permit approval and enforcement
process of properties receiving permits under the Landlord Permit program. The changes proposed are designed to improve the quality of life for all residents. Permit applicants will
be required to provide copies of all leases, subleases and/or agreements to occupy the building or unit and are responsible for providing updated copies of the same within 30 days of
any changes. Leased residential units will be limited to four (4) vehicles, for which residential parking stickers must be obtained from the City. Additional parking stickers may be
issued when certain conditions are met and are documented. Additionally, applicants will be required to follow Chapter 83, Florida Statutes governing evictions. Residential units within
the City’s Residential Zoning District that are otherwise not required to follow the State Statue, must provide proof of availability of an alternative temporary dwelling unit in the
event of an eviction, in compliance with Section 117.06 of the Code of Ordinance. Further, the amendments under this Ordinance clarify reasons a Landlord permit may be revoked. RECOMMENDATION
Staff recommends approval of Ordinance No. 8-12 upon first reading. Page 1 of 1 http://itwebapp/NovusAgenda/Preview.aspx?ItemID=5347&MeetingID=343 2/10/2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:February 10, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF FEBRUARY 21, 2012
ORDINANCE NO. 08 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for a public hearing to consider a city-initiated amendment to
Chapter 117, “Landlord Permits”, of the Code of Ordinances, by amending Section 117.01, “Permit
Required”, to clarify when a permit is required; amending Section 117.03, “Approval of Application”,
to provide additional requirements; amending Section 117.04, “Denial or Revocation of Permit
Application; Appeals”, to clarify grounds for revocation; and amending Section 117.06,
“Tenant/Occupant Eviction”, to ensure notice and due process rights are followed or alternate housing is
provided.
BACKGROUND
At the first reading on February 7, 2012, the Commission passed Ordinance No. 08-12 .
RECOMMENDATION
Recommend approval of Ordinance No. 08-12 on second and final reading .
Page 1of 1 Coversheet
2/23/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5365&Meetin g ID=345
ORDINANCE NO. 08-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AM ENDING CHAPTER 117,
“LANDLORD PERMITS”, OF TH E CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
117.01, “PERMIT REQUIRED”, TO CLARIFY WHEN A PERMIT IS
REQUIRED; AMENDING SECT ION 117.03, “APPROVAL OF
APPLICATION”, TO PROVIDE A DDITIONAL REQUIREMENTS;
AMENDING SECTION 117.04, “D ENIAL OR REVOCATION OF
PERMIT APPLICATION; APPEALS”, TO CLARIFY GROUNDS
FOR REVOCATION; AND AM ENDING SECTION 117.06,
“TENANT/OCCUPANT EVICTION”, TO ENSURE NOTICE AND
DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE
HOUSING IS PROVIDED; PROV IDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of t he City of Delray Beach, Fl orida, has determined that
enforcement of various City ordi nances can be improved by greater involvement by the owners of
property; and
WHEREAS, the City Commission of t he City of Delray Beach, Fl orida, desires to improve
the quality of life for its residents; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has developed a
point system whereby landlord permits may be revoked for repeated instances of warning,
temporary compliance and repeated viol ation of nuisance ordinances in order to more effectively
address violations that affect t he rights of residents adjacent to re sidential rental property within
the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to update and
revise the permit process to reflect the ongoing dev elopment of public policy as it regards to
interests of the residents of the City, includi ng congestion to street par king, in residential
neighborhoods, and other issues of public health and safety concern; and
WHEREAS, the City Commission of the City of De lray Beach, Florida, desires to ensure
that proper eviction proceedings are followed by a ll landlords within the City of Delray Beach in
accordance with Chapter 83, Florida Statutes , or other methods of due process afforded to
reduce homelessness and crime in the City of Delray Beach; and
WHEREAS, the courts have stated that houses for recovering addicts are subject to
Residential Landlord Tenant Act require ments pertaining to evictions. See, Burke v. Oxford
2 ORD NO. 08-12
House of Oregon Chapter V , 341 Or. 82, 137 P.3d 1278 (Or. 2006); and
WHEREAS, hotels/motels are licensed by t he Department of Busi ness and Professional
Regulation and are not regulated by landlord/tenant laws; and
WHEREAS, all residential tenancies that are loca ted in residential zoni ng districts and are
not classified as hotel/motel uses shall be regulated by this section regardless of the length of the
lease or occupant contract unless such tenanc ies are licensed as Group Homes or Community
Residential Homes per § 419.001, Fla. Stat .
NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 117, “Landlord Permits”, Section 117.01, “Permit Required”, shall
be amended to read as follows:
Sec. 117.01. PERMIT REQUIRED.
(A) No person, company or other entity may offer to or leas e, sublease, rent,
license, sublicense or have any other arrangement allowing o ccupancy of any residential
units unless a landlord permit is obtained or in existence for the units. All oral rental
arrangements shall be included within the scope of this Section, but the operation of a
hotel shall not be included in this Section (any building which fi ts the definition of hotel but
also fits the definition of another use which requires a landlord permit shall be interpreted
to require a landlord permit), nor shall any facility licensed by the State as a Group Home
or Community Residential Home or Assisted Li ving Facility. Whenever Chapter 117 refers
to “lease(s)”, “leased”, “rent(s)”, or “rented”, it shall hereinafter include leases, subleases,
rentals, licenses, sublicenses and all other arrangements for the occupancy of property.
(B) A separate permit shall be required for each leased unit. However, where a
building contains a number of leased units under the same owner, or where a number of
different owners in one building authorize the same person or company to act as their
agent for the purposes of applying for a permi t, a single permit may be obtained for all
qualifying units within a single building which ar e under the same owner or agent, provided
that the permit fee is paid for each individual unit. Any such permit issued by the City for
residential unit(s) being leased for the firs t time shall be conditioned upon the applicant
providing the City’s Director of Community Improvement or his/her designee a current
copy of all leases, subleases and/or agreements to occupy the building or unit(s) therein
and providing updated copies of all leases, subleases and/or agreements to occupy the
building or unit(s) therein withi n thirty (30) days of any changes . In the event of an oral
agreement between the parties in stead of a written lease, t he terms of these agreements
shall be reduced to writing, specifically incl uding, but not limited to, duration of the lease
3 ORD NO. 08-12
term, rental payment, and number of tenants, such information to be provided to the City
at the time of application and wit hin thirty (30) days of any modification thereof. Any such
permit being renewed by the City shall be c onditioned upon the applicant providing to the
City’s Director of Community Improvement or his/her designee all required information with
the application. Nothing in this Section shall require a permit for any unit enrolled in
Federal housing programs or under Federal [Department of] Housing and Urban
Development general supervision.
(C) Leased residential dwelling units seeking such permits shall be limited to four
(4) vehicles per dwelling uni t, for which residential parking stickers may be obtained,
provided that, upon good cause shown, specifically including availability of garage space,
additional parking stickers may be issued by t he Community Improvement Director, if the
additional stickers will not affect the quality of the neighborhoods.
Section 2. That Chapter 117, “Landlord Permits”, Sect ion 117.03, “Approval of
Application”, shall be amended to read as follows:
Sec. 117.03 APPROVAL OF APPLICATION.
(A) The Community Improvement Direc tor or his/her designee, shall grant
approval for the lease of units within the City for residential purposes upon the filing of an
application on forms designated by the City and a determination:
(1) That the applicant has an interest in the property or is the agent or
acting under the permission of one with a sufficient interest in the
property to obtain a landlord permit;
(2) That the units comply with the requirements of the Housing Code as
set forth in Section 7.4.1 of the Land Development Regulations of the
City of Delray Beach wit h regard to those facilities necessary to make
the rental unit habitable specifica lly including, but not limited to,
numbers of bedrooms and bat hrooms required for the number of
persons who will occupy the dwelling;
(3) That the rental of the units is in compliance with applicable zoning
code regulations as enumerated in Chapter 4 of the Land
Development Regulations as well as all other applicable regulations
within the City’s Code of Ordinances and Land Development
Regulations;
4 ORD NO. 08-12
(4) That no more than three (3) unrelat ed persons shall reside in any unit
as further defined in the definition of “family” as provided in Appendix
“A” of the Land Development Regulations;
(5) That an annual permit fee in accordance with Section 117.02 is paid;
(6) That the applicant and applicant’s proper ty are not in violation of this
article;
(7) That proof of payment of stat e sales tax is provided on an annual
basis at renewal for all leases t hat are less than six (6) months in
duration in accordance with Section 212.03, Fla. Stat.;
(8) That a local business tax receipt has been obtained for all leases that
are rented more often than six (6) times in any one (1) year; and
(9) (8) That the applicant has certifi ed that they will prov ide each tenant with
a copy of:
a. Chapter 83, Florida Statutes , Part II, entitled “Residential
Tenancies”;
b. Chapter 117 of the Code of Ordinances, entitled “Landlord
Permits”; and
c. A pamphlet provided by the City containing guidelines for
rentals.
(9) If the applicant is not otherwis e required to follow Chapter 83, Florida
Statutes , then the applicant shall provi de proof of ava ilability of an
alternative temporary dwelling unit in the event of an eviction, in
compliance with Section 117.06 of t he Code of Ordinances of the City
of Delray Beach; and
(10) All tenants shall be in compli ance with Chapter 136 of the Code of
Ordinances of the City of Delray Beach regarding Sexual Offenders
and Sexual Predators.
(B) Any permit shall be conditioned upon rece ipt of the documents required by
Section 117.01(B).
5 ORD NO. 08-12
Section 3. That Chapter 117, “Landlord Permits”, Section 117.04, “Appeals”, shall be
amended to read as follows:
Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS.
(A) A Ppermit application may be denied for the following reasons:
(1) The application for permit is not fully completed and executed, with the
Landlord Permit Affidavit;
(2) The applicant has not tendered the required application fee with the
application;
(3) The application for permit cont ains a material falsehood or
misrepresentation;
(4) The use is not allowed in the zoning district;
(5) The applicant had their landlord permi t revoked within the last twelve
(12) months as set forth in Section 117.04(B) below.
(B) Permits may be revoked for the following reasons:
(1) Violations of the City’s Ordinances or state laws wh ere the violation
takes place at a unit regulated by this Section Chapter 117 of the
Code of Ordinances of the City of Delray Beach shall be grounds for
applicable fines and the commencem ent of permit revocation
proceedings as follows:
(a) For each civil citation for a violation of a City ordinance, one (1)
point will be assessed on the landlord permit for that individual
unit.
(b) After two (2) points are a ssessed on a landlord permit for an
individual unit, the City Manager or his/her designee will send a
written warning to the permi ttee or agent. The warning will
specify which ordinance or or dinances have been violated and
will state that further citations or violations could lead to a
revocation of the permit.
(c) Accumulation of three (3) or more points on a landlord permit
for an individual unit during a 12-m onth period from the date of
6 ORD NO. 08-12
the first citation shall constitute a violation of Chapter 117 of the
Code of Ordinances of the City of Delray Beach. this section
and the certifications of t he applicant described above,
subjecting the permittee to revocation of the permit for the
individual unit.
(2) The representations made in the permit application are no longer true
and correct.
(3) The lease, sublease and/or agreement and a wri tten statement
regarding all lease arrangements to occupy the dwelling or unit(s)
therein is not updated within thirty (30) days of any changes.
(C) Appeals of a denial or revocation of a landlord permit shall be made to the
Permit Review Committee which shall cons ist of the City Manager, the Community
Improvement Director and the Pl anning and Zoning Director or their respective designees.
The City Attorney’s Office shall act as counsel to the Permit Review Committee. Requests
for appeal must be made in writ ing and received by the Community Improvement Director
within thirty (30) days of formal notice of denial or revocation with the date of the notice of
denial being the first day. Decisions of the Permit Review Committee may be appealed to
the City Commission, whose decis ion shall be final subject to any appeal of such decision
to the Circuit Court of Palm Beach County.
Section 4. That Chapter 117, “Landlord Permits”, Section 117.06, “Tenant Eviction”, of
the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows:
7 ORD NO. 08-12
Sec. 117.06. TENANT/OCCUPANT EVICTION.
(A) All applicants granted a landlord permi t to lease residential units within the
City’s Residential Zoning Districts must prov ide notice prior to evicting a tenant or
occupant in accordance with Chapter 83 of the Florida Statutes .
(B) All residential uses requiring a landlor d permit that are not otherwise required
to follow Chapter 83, Florida St atutes, shall provide either fo rty-eight (48) hours notice of
eviction in writing to the tenant/occupant or provide an alternative temporary dwelling unit
for the tenant/occupant for at least forty-eight (48) hours to avoid increased homelessness
and crime and to ensure that tenant/occupant’s due process rights are not violated.
(C) All applicants granted a landlord permit to lease residential units within the
City’s Residential Zoning Districts that are otherwise not required to follow Chapter 83,
Florida Statutes , must provide proof of available alte rnative temporary dwelling unit(s) to
the Community Improvement Director when s ubmitting an application for landlord permit
under Section 117.03 of the Code of Ordinanc es of the City of Delray Beach.
Section 5. That should any se ction or provision of this or dinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of compet ent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whol e or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall becom e effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_____ day of ___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
1
Community Improvement
100 NW 1 st Avenue
Delray Beach, Fl 33444
INSTRUCTIONS FOR APPLICATION AND AFFIDAVIT FOR
LANDLORD PERMIT
RESIDENTIAL PROPERTY
(561) 243-7243
1. Applicants are hereby advised that any leases, subleases, and/or agreements to occupy the building
for which a permit is sought should provide that such agreement does not become effective until
receipt of the approval by the City’s Director of Community Improvement or his/her designee of this
application.
1. 2. Please complete all applicable information on the Applicatio n for Landlord Permit and the Landlord
Permit Affidavit.
Note: Please complete the Permit Application for each rent al unit. Attach additional sheets as
necessary. A Landlord Permit is NOT required for a hotel, for any unit enrolled in a feder al housing
program, or under Housing and Urban Development general super vision.
2. 3. A Landlord Permit Affidavit must be notarized and submitted with each application . A permit
cannot be issued without the affidavit. Be sure to r ead the information on the reverse side of the
affidavit. (A Notary Public is available in the Code Enforcement Di vision.)
3. 4. Landlord Permits are issued for the 12-month period o f November 1, through October 31, at a fee of
$60.00 per rental unit . Each separate lease, sublease, and/or agreement constitut es a rental unit.
Please do not send cash. Checks must be made payable to the City of Delray Beach. The fee will not
be prorated. Landlord Permits not renewed within 60 days of the annual rene wal date will be
subject to triple permit fees.
4. 5. Please return your completed application, notarized affi davit, supplemental sheets (if any), and
payment to Landlord Permit Section, Code Enforcement D ivision, City of Delray Beach, 100 NW 1st
Avenue, Delray Beach, Florida 33444.
6. If approved, applicants shall be required to provide a co py of the lease, sublease and/or agreement
for each rental dwelling unit at the time of the appli cation and/or renewal. In the event of an oral
agreement between the parties instead of a written lease , the terms of these agreements shall be
reduced to writing specifically including, but not li mited to, duration of the lease term, rental
payment, and number of tenants, such information to be provided to the City at the time of
application and within thirty (30) days of any modification there of.
2
If you have any questions or need further information, please call the Code Enforcement Division
at (561) 243-7243, 8:00 AM to 5:00 PM, Monday through Friday .
Landlord Permit # ______________
CITY OF DELRAY BEACH
APPLICATION FOR LANDLORD PERMIT
IF YOU HAVE MORE THAN ONE RENTAL UNIT AND IF YOU RE CEIVE A SEPARATE PROPERTY TAX BILL FOR
EACH UNIT, YOU MUST COMPLETE A SEPARATE APPLICATION FOR EACH UNIT.
PLEASE PRINT
Property Control No. __ __-__ __-__ __-__ __- __ __- __ __ __-__ __ __ __
Rental Address _________________________________________________________________________
Property Owner _____________________________________________Phone ______________________
Mailing Address _______________________________________________________________________
City _______________________________ State __________________ Zip ______________
Type of Building _____ Single Family
_____ Duplex
_____ Multi Family
Are you under the HUD Program?
Yes ________ No ________
TOTAL NUMBER OF UNITS OR SEPARATE LEASES IN BUILDIN G ____
NUMBER OF RENTAL UNITS FOR THIS PERMIT ____
PLEASE COMPLETE THIS RENTAL INFORMATION:
Unit No. _____
No. of Bedrooms _____
No. of Bed Bath rooms ____
Total No. of Occupants _____
Unit No. _____ No. of Bedrooms _____ No. of Bed Bath rooms ____ Total No. of Occupants _____
Unit No. _____ No. of Bedrooms _____ No. of Bed Bath rooms ____ Total No. of Occupants _____
Unit No. _____ No. of Bedrooms _____ No. of Bed Bath rooms ____ Total No. of Occupants _____
Unit No. _____ No. of Bedrooms _____ No. of Bed Bath rooms ____ Total No. of Occupants _____
A notarized Landlord Permit Affidavit (attached) MUST accompany this application before a permit will be
issued.
Signature of Owner or Authorized Agent _____________________________________________________
DO NOT WRITE BELOW THIS LINE
--------------------------------------------------------------------------------------------------------------------------------
DATE: _______________ AMOUNT PAID:_____________
3
SUPPLEMENTAL SHEET FOR APPLICATION FOR LANDLOR D PERMIT
DESIGNATE UNIT NUMBERS BELOW:
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
Unit No. ________
No. of Bedrooms ________
No. of Bathrooms ________
Total No. of Occupants ________
LANDLORD PERMIT AFFIDAVIT
RESIDENTIAL PROPERTY
I , ________________________________, being duly swor n affirm that I am authorized to apply for a
landlord permit for the following residential unit(s) locate d at
because:
I am the actual owner of the unit(s)
I have the legal authority to represent the actual owner of the unit(s).
authorization from the property owner.]
I have read and understand the requirements of
and 305.4 of the Delray Beach Code of Ordinances and Land Developmen t Regulations
Housing Code , ] as printed on the reverse side of this document,
described residential unit(s) complies with those r equirements. I further affirm that the above
residential unit(s) is in sound structural conditio n, has electrical service and that all electrical
devices are properly installed and in good working order. I also affirm that ever y habitable room
has at least one window or skylight facing directly to the outdoors and that all windows are
capable of being easily opened and secured in posit ion by existing window hardware and have
scr eens (if there is no central a/c) and unbroken glaz ing.
New or Renewing Landlord Permit Application
I am applying for a Landlord Permit for the above d escribed residential unit(s) for the first time.
I am enclosing a copy of the current lease for eac
this Affidavit.
I am applying to renew an existing Landlord Permit for the above described residential unit(s).
I am enclosing a copy of the current lease for each above described residential unit(s) w
Affidavit.
Description of Vehicles for Parking Stickers:
Vehicle 1 : Make__________ Model ___________ Color:__________ License Plate Number:________
Vehicle 2 : Make__________ Model ___________ Color:__________ License Plate Number:________
Vehicle 3 : Make__________ Model ___________ Color:__________ License Plate Number:________
Vehicle 4 : Make__________ Model ___________ Color:__________ License P
4
LANDLORD PERMIT AFFIDAVIT
RESIDENTIAL PROPERTY
, ________________________________, being duly swor n affirm that I am authorized to apply for a
permit for the following residential unit(s) locate d at ________________________________
I am the actual owner of the unit(s) OR
I have the legal authority to represent the actual owner of the unit(s). [Submit a copy of your
authorization from the property owner.]
I have read and understand the requirements of Sections [302.1, 302.3, 302.5.1, 302.6, 302.7, 302.9
Delray Beach Code of Ordinances and Land Developmen t Regulations
as printed on the reverse side of this document, and affirm that the above
described residential unit(s) complies with those r equirements. I further affirm that the above
residential unit(s) is in sound structural conditio n, has electrical service and that all electrical
and in good working order. I also affirm that ever y habitable room
has at least one window or skylight facing directly to the outdoors and that all windows are
capable of being easily opened and secured in posit ion by existing window hardware and have
eens (if there is no central a/c) and unbroken glaz ing.
New or Renewing Landlord Permit Application
I am applying for a Landlord Permit for the above d escribed residential unit(s) for the first time.
I am enclosing a copy of the current lease for eac h of the above described residential unit(s) with
I am applying to renew an existing Landlord Permit for the above described residential unit(s).
I am enclosing a copy of the current lease for each above described residential unit(s) w
Description of Vehicles for Parking Stickers:
: Make__________ Model ___________ Color:__________ License Plate Number:________
: Make__________ Model ___________ Color:__________ License Plate Number:________
: Make__________ Model ___________ Color:__________ License Plate Number:________
: Make__________ Model ___________ Color:__________ License P late Number:________
, ________________________________, being duly swor n affirm that I am authorized to apply for a
_____________________________
[Submit a copy of your
302.1, 302.3, 302.5.1, 302.6, 302.7, 302.9
Delray Beach Code of Ordinances and Land Developmen t Regulations Standard
and affirm that the above
described residential unit(s) complies with those r equirements. I further affirm that the above
residential unit(s) is in sound structural conditio n, has electrical service and that all electrical
and in good working order. I also affirm that ever y habitable room
has at least one window or skylight facing directly to the outdoors and that all windows are
capable of being easily opened and secured in posit ion by existing window hardware and have
I am applying for a Landlord Permit for the above d escribed residential unit(s) for the first time.
h of the above described residential unit(s) with
I am applying to renew an existing Landlord Permit for the above described residential unit(s).
I am enclosing a copy of the current lease for each above described residential unit(s) w ith this
: Make__________ Model ___________ Color:__________ License Plate Number:________
: Make__________ Model ___________ Color:__________ License Plate Number:________
: Make__________ Model ___________ Color:__________ License Plate Number:________
late Number:________
Compliance with Chapter 117, “Landlord Permits”
I certify that I am in compliance with all applicab le requirements of Chapter 117, Landlord
Permits, including specifically the following:
1. I will provide each tenant with a
a. Chapter 83, Florida Statutes
b. Chapter 117 of the Code of Ordinances, entitled “La ndlord Permits”; and
c. A pamphlet provided by the City containing guidelin es for rentals.
2. I am am not [y
Chapter 83, Florida Statutes , regarding evictions.
For those applicants that are not otherwise require d to follow Chapter 83,
am providing with my Landlord Permit Affidavit
alternative temporary dwelling unit in the event of an eviction, in compliance with Section
117.06 of the Code of Ordinances of the City of Del ray Beach:__________________
__________________________________________
[describe type of proof and attach proof to Affidav it].
3. All of my tenants shall be in compliance with Chapt er 136 of the Code of Ordinances
of the City of Delray Beach regarding Sexual Offend ers and Sexual Predat
I will inform the City of Delray Beach Code Enforce ment Division of any changes from the original
Application for Landlord Permit and supplemental sh eets (if utilized) concerning ownership,
owner's mailing address for permits and renewals, n umber of
Federal programs or HUD supervision, number of bedr ooms or number of occupants in each unit
within thirty (30) days of each such change
will only be rented to occupants w hose relationship does not violate the City's defin ition of family,
which definition is printed on the reverse side of the Instructions for Landlord Permit Application
and which I acknowledge as reading and understanding.
Owner or Authorized Agent: ________________________________________________________________
STATE OF ___________________________
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this __________ day of ________________, 20____,
by ____________________________________ who is pers onally known to me or who has produced
(NAME)
_________________________________ as identification and who did take an oath.
5
Compliance with Chapter 117, “Landlord Permits”
I certify that I am in compliance with all applicab le requirements of Chapter 117, Landlord
Permits, including specifically the following:
I will provide each tenant with a copy of:
Florida Statutes , Part II, entitled “Residential Tenancies”;
Chapter 117 of the Code of Ordinances, entitled “La ndlord Permits”; and
A pamphlet provided by the City containing guidelin es for rentals.
am not [y ou must check one of the boxes] otherwise required to follow
, regarding evictions.
For those applicants that are not otherwise require d to follow Chapter 83,
am providing with my Landlord Permit Affidavit the following proof of availability of an
alternative temporary dwelling unit in the event of an eviction, in compliance with Section
117.06 of the Code of Ordinances of the City of Del ray Beach:__________________
_________________________________________________________________________________
[describe type of proof and attach proof to Affidav it].
All of my tenants shall be in compliance with Chapt er 136 of the Code of Ordinances
of the City of Delray Beach regarding Sexual Offend ers and Sexual Predat
I will inform the City of Delray Beach Code Enforce ment Division of any changes from the original
Application for Landlord Permit and supplemental sh eets (if utilized) concerning ownership,
owner's mailing address for permits and renewals, n umber of unit(s), number of units under
Federal programs or HUD supervision, number of bedr ooms or number of occupants in each unit
within thirty (30) days of each such change . I affirm that the individual unit(s) described a bove
hose relationship does not violate the City's defin ition of family,
which definition is printed on the reverse side of the Instructions for Landlord Permit Application
which I acknowledge as reading and understanding.
__________________________________________________________
(Signature)
STATE OF ___________________________
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this __________ day of ________________, 20____,
by ____________________________________ who is pers onally known to me or who has produced
_________________________________ as identification and who did take an oath.
I certify that I am in compliance with all applicab le requirements of Chapter 117, Landlord
, Part II, entitled “Residential Tenancies”;
Chapter 117 of the Code of Ordinances, entitled “La ndlord Permits”; and
A pamphlet provided by the City containing guidelin es for rentals.
ou must check one of the boxes] otherwise required to follow
For those applicants that are not otherwise require d to follow Chapter 83, Florida Statutes —I
the following proof of availability of an
alternative temporary dwelling unit in the event of an eviction, in compliance with Section
117.06 of the Code of Ordinances of the City of Del ray Beach:__________________
_______________________________________
All of my tenants shall be in compliance with Chapt er 136 of the Code of Ordinances
of the City of Delray Beach regarding Sexual Offend ers and Sexual Predat ors.
I will inform the City of Delray Beach Code Enforce ment Division of any changes from the original
Application for Landlord Permit and supplemental sh eets (if utilized) concerning ownership,
unit(s), number of units under
Federal programs or HUD supervision, number of bedr ooms or number of occupants in each unit
. I affirm that the individual unit(s) described a bove
hose relationship does not violate the City's defin ition of family,
which definition is printed on the reverse side of the Instructions for Landlord Permit Application
__________________________________________________________
The foregoing instrument was acknowledged before me this __________ day of ________________, 20____,
by ____________________________________ who is pers onally known to me or who has produced
6
(TYPE OF ID)
__________________________________________ __________________________________________
Signature Title
__________________________________________ __________________________________________
Type, Print, or Stamp Name Serial Number
7
FAMILY DEFINITION:
“Family” shall mean two (2) or more persons living together and in terrelated by bonds of consanguinity,
marriage or legal adoption, and/or a group of persons not more than three (3) in number who are not so
interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of
culinary facilities. Any person under the age of 18 years whose legal custody has been awarded to the State
Department of Health and Rehabilitative Services or to a child-placing agency licensed by the Department,
or who is otherwise considered to be a foster child under the laws of the state, and who is placed in fost er
care with a family, shall be deemed to be related to and a member of the family for the purposes of this
definition. Occupancies in excess of the number allow ed herein shall have twelve (12) months from the
date of the enactment of this definition or the termi nation of the current lease agreement to come into
compliance, whichever occurs first.
8
You are responsible for k nowing all applicable laws. Sections of the Standard Housi ng Code are
provided here for reference only and are not intended to be exhaustive.
302.1 Sanitary Facilities
Every dwelling unit shall contain not less than a ki tchen sink, lavatory, tub or show er and a water closet all
in good working condition and properly connected to an approved water and sewer system. Every
plumbing fixture and water and waste pipe shall be prop erly installed and maintained in good sanitary
working condition free from defec ts, leaks and obstructions.
302.3 Hot and Cold Water Supply
Every dwelling unit shall have an adequate supply of b oth cold and hot water connected to the kitchen
sink, lavatory, tub or shower. All water shall be suppli ed through an approved distribution system
connected to a potable water supply.
302.5.1 Heating Facilities
Every dwelling unit shall have heating facilities whi ch are properly installed, are maintained in safe and
good working conditions and are capable of safely and ade quately heating al l habitable rooms and
bathrooms.
302.6 Kitchen Facilities
Every dwelling unit shall contain a kitchen equipped with the following minimum facilities:
1. Food preparation surfaces impervious to water and free of defects which could trap food or
liquid.
2. Shelving, cabinets or drawers for the storage of food, c ooking and eating utensils, all of which
shall be maintained in good repair.
3. Freestanding or permanently installed cook stove . Portable electric cooking equipment shall not
fulfill this requirement. Portable cooking equipment employing flame shall be prohib ited.
4. Mechanical refrigeration equipment for the storage of perishable foodstuffs. EXCEPTION:
Nothing herein shall preclude a written agreement betw een an owner and tenant that the tenant
will f urnish mechanical refrigeration equipment and/or a cook stove as required in this section.
It shall be an affirmative defense available to an owner c harged with a violation of this section if
such an agreement exists.
302.7 Garbage Disposal Facilities
Every d welling unit shall have adequate garbage disposal facilitie s or garbage storage containers, or a type
and location approved by the applicable governing body.
302.9 Smoke Detector Systems
Every dwelling unit shall be provided with an approve d listed smoke detec tor, installed in accordance with
the manufacturer’s recommendations and listing. When activated, the detector shall provide an audible
alarm. The detector shall be tested in accordance with an d meet the requirements of UL 217 (1989), Single
and Multiple Station Smoke Detectors.
9
305.4 Means of Egress
Every dwelling unit shall have safe, unobstructed mean s of egress with minimum ceiling height of 7 ft
(2134 mm) leading to a safe and open space at ground level. Stairs shall have a minimum head room of 6 f t
8 inches (2032 mm).
Sec. 117.03 APPROVAL OF APPLICATION
A. The Community Improvement Director or the assigned d esignee, shall grant a approval landlord
permit for the lease, sublease, and/or agreement for each rent al of units within the City for
residential purposes upon the filing of an application on forms designated by the City and a
determination:
1) That the applicant has an interest in the property or is the agent or acting under the
permission of one with a sufficient interest in the proper ty to obtain a landlord permit;
2) That the units comply with the requirements of the H ousing Code as set forth in Section 7.4.1
of the Land Development Regulations of the City of De lray Beach with regard to those
facilities necessary to make the rental unit habitable specifically including, but not limited to,
numbers of bedrooms and bathrooms required for the n umber of persons who will occupy
the dwelling ;
3) That the rental of the units is in compliance with app licable zoning code regulations as
enumerated in Chapter 4 of the Land Development Regulati ons as well as all other
applicable regulations within the City’s Code of Ordin ances and Land Development
Regulations;
4) That no more than three unrelated persons shall reside in any unit as further defined in the
definition of “family” as provided in Appendix “A” of the Land Development Regulations;
5) That an annual permit fee in accordance with Section 117.02 is paid;
6) That the applicant and applicant’s property are not in violation o f this article;
New Requirements:
7) That proof of payment of state sales tax is provided on a annual basis at renewal for all leases
that are less than six (6) months in duration in accordance wi th Section 212.03, Fla. Stat.;
8) That the applicant has certified that they will provide each tena nt with a copy of:
a. Chapter 83, Florida Statutes, Part II, entitled “Residential Tenancies”;
b. Chapter 117 of the Code of Ordinances, entitled “Landlord Permits ”; and
c. A pamphlet provided by the City containing guidelines for ren tals.
9) That if the applicant is not otherwise required to follow Chapter 83 or other regulations and
laws concerning eviction proceedings, the applicant pro vides proof of availability of an
alternative temporary dwelling unit in the event of an eviction, in compliance with Section
117.06 of the Code of Ordinances of the City of Delray Beach; and
10
10) All tenants will be in compliance with Chapter 136 of the Code of Ordinances of the City of
Delray Beach regarding Sexual Offenders and Sexual Predators.
B. Any permit shall be conditioned upon receipt of the docum ents required by Section 117.01(B).
Section 3. That Chapter 117, “Landlord Permits”, Section 117.04, “Appeals”, shall be to read as
follows:
Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION: APPEALS
A. A P p ermit application may be denied for the following reasons:
1) The application for permit is not fully completed and executed, with the Landlord Permit
Affidavit;
2) The applicant has not tendered the required application fee with the application;
3) The application for permit contains a material falsehood or misrep resentation;
4) The use is not allowed in the zoning district;
5) The applicant had their landlord permit revoked within the last twelve (12) months as set
forth in Section 117.04(B) below.
B. Permits may be revoked for the following reasons:
1) Violations of the City’s Ordinances or state laws where the violation takes place at a unit
regulated by this Section Chapter 117 of the Code of Ordinances of the City of De lray Beach
shall be grounds for applicable fines and the commencem ent of permit revocation
proceedings as follows:
a. For each civil citation for a violation of a City ordinan ce, one (1) point will be
assessed on the landlord permit for that individual unit.
b. After two (2) points are assessed on a landlord permit for an individual unit the
City Manager or his/her designee will send a written warning to the permittee or
agent. The warning will specify which ordinance of ordinances have been violated
and will state that further citations or violations coul d lead to a revocation of the
permit.
c. Accumulation of three (3) or more points on a landlord permit for an individual
unit during a 12-month period from the date of the fir st citation shall constitute a
violation of Chapter 117 of the Code of Ordinances of th e City of Delray Beach. this
section and the certifications of the applicant d escribed above, subjecting the
permittee to revocation of the permit for the individual unit.
2) The representations made in the application are no longer tru e and correct.
3) The lease, sublease and/or agreement and written state ment regarding all lease
arrangements to occupy the building or unit(s) therei n is not updated within thirty (30) days
of any changes.
11
ORDINANCE NO. 03-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, “SPE CIFIC
REQUIREMENTS FOR SPECIFIC USES”, BY AMENDING
SUBSECTION 4.3.3(ZZZ), “TRANSIENT RESIDENTIAL USE”, IN
ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/ EXCEPTIO NS,
WAIVERS, AND PENALTIES FOR SAME; AMENDING APPENDIX “A”,
“DEFINITIONS”, IN ORDER TO AMEND THE DEFINITION OF
“TRANSIENT RESIDENTIAL USE”; PROVIDING A SAVING CLA USE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission hereby finds and decl ares that the leasing, renting, licensing, subleasi ng
or otherwise allowing in any manner or form the use of single-family residential dwelling units for pe riods of less
than twelve (12) months with a turnover in occupanc y more often than three (3) times per year to any p erson,
entity or family, is a non-residential activity and is not considered an accessory use customarily acc essory and
incidental and subordinate to the primary intended purpose of dwellings, See, Schwarz v. City of Treasure Island , 21
Fla.L.Weekly Fed. C11541 (11th Cir. 2008); and
WHEREAS, the Census Data collected by the U.S. Cen sus Bureau in 2010 provides that the average
family size is 2.24 people in the City of Delray Be ach; and
WHEREAS, transient residential uses often maximize occupancy causing increased pressure on
infrastructure, including: garbage, sewer, water, r oadways, and utilities; code enforcement, law enfor cement, fire
protection and inspection services; and
WHEREAS, transient residential uses can result in increased noise and traffic in single-family reside ntial
communities; and
WHEREAS, unless regulations are placed on the amou nt and location of transient uses, such uses could
overwhelm the non-transient related single-family r esidential community making the City of Delray Beac h a less
attractive place to reside; and
WHEREAS, transient residential uses can be incompa tible with permanent and seasonal residential uses if
not properly planned, controlled and regulated; and
WHEREAS, the rapid turnover in occupancy associate d with transient residential uses can be a disrupti ve
influence on the peaceful use and enjoyment of sing le family residential areas; and
WHEREAS, reserving land for single family residenc es preserves the character of neighborhoods,
securing “zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area
a sanctuary for people.” See, City of Edmonds v. Oxford House , 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d 80 1
(1995); and
WHEREAS, Congress intended the FHA to “prohibit th e use of zoning regulations to limit the ability of
the handicapped to live in the residence of their c hoice in the community; however, the FHA does not p re-empt
or abolish a municipality’s power to regulate land use and pass zoning laws.” See, Jeffrey O. v. City of Boca Raton , 511
F. Supp. 2d 1339 (S.D. Fla. 2007); and
WHEREAS, transient residential uses can displace p ermanent single family residential dwellings and th us
reduce the number of permanent residents in the Cit y and cause a reduction in state revenue sharing fu nds
12
necessary to support the services that influence th e quality of life for residents, commercial interes ts, and visitors
to the City of Delray Beach; and
WHEREAS, uncontrolled and unregulated transient re sidential uses is found to have a negative impact o n
the City of Delray Beach’s economy, property values , law enforcement, traffic, safety, and the general health,
safety, and welfare of the citizens of Delray Beach ; and
WHEREAS, the State of Florida has recognized that leases, rentals, licenses, subleases, and assignmen ts
or otherwise allowing in any manner the use of a re sidential dwelling unit for under six (6) months in duration is a
transient use and is therefore taxed by the State o f Florida at a rate of six (6) percent of the total rental amount
charged; and
WHEREAS, the Delray Beach Planning and Zoning Boa rd has reviewed this ordinance and a duly
noticed public hearing was held before the Planning and Zoning Board on December 19, 2011, and said Bo ard
has recommended adoption of the changes to the City ’s Land Development Regulations regarding the regul ation
of transient rental units by a vote of 6 to 0 ; and
WHEREAS, the City Commission and the Planning and Zoning Board both find that the ordinance is
consistent with the City’s Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the Land Development Regulations of the City of Delray Beach, Florida, Section
4.3.3, “Specific Requirements for Specific Uses”, S ubsection 4.3.3(ZZZ), “Transient Residential Uses”, shall
hereby be amended to read as follows:
(ZZZ) TRANSIENT RESIDENTIAL USE The entire dwelling unit or any part thereof, which is
located in Single Family or Planned Residential Dev elopment Zoning Districts and is operated or used i n
such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any
one (1) year shall be presumed to be a Transient Re sidential Use and therefore prohibited. An entire
dwelling unit or any part thereof, which is located in Medium Density Residential (RM) Zoning District s
and is operated or used in such a way that any part of the entire dwelling unit turns over occupancy m ore
often than six (6) times in any one (1) year shall be presumed to be a Transient Residential Use and
therefore prohibited.
(1) Exceptions/Exemptions:
(a) Existing transient residential uses with a turn over more often than three (3) times
per year but not exceeding six (6) times per year i n single-family and planned
residential development zoning districts may contin ue until twelve (12) months
after the effective date of this ordinance.
(b) The leasing, renting, licensing, subleasing or otherwise allowing in any manner or
form the use of a single-family dwelling unit for C ommunity Residential and
Group Homes which are licensed by the state are exe mpt.
(c) The real property owners of the dwelling unit a nd their family are exempt
regardless of how much time the owners and family spend at the dwelling unit on
a yearly basis.
13
(2) Waiver for Undue Economic Hardship : In all instances where there is a claim of
undue economic hardship, the property owner may be granted a waiver from Section 4.3.3(ZZZ) after
submission of waiver request to the City’s Communit y Improvement Director or his/her designee
including the following documentation:
(a) The amount paid for the property, the date of p urchase, and the party from whom
purchased;
(b) The assessed value of the land and improvements thereon, according to the two
most recent assessments;
(c) Real estate taxes for the previous two years;
(d) Annual debt service or mortgage payments, if an y, for the previous two years;
(e) All appraisals, if any, obtained within the pre vious two years by the owner or
applicant in connection with the purchase, financin g, or ownership of the
property;
(f) Any listing of the property for sale or rent, p rice asked, and offers received, if any;
(g) The annual gross income from the property for t he previous two years, if any;
(h) The annual cash flow, if any, for the previous two years;
(i) An applicant may submit and the Community Impro vement Director or his/her
designee may require that an applicant furnish addi tional information relevant to
the determination of any alleged undue economic har dship; and
(j) In the event that any of the required informati on is not reasonably available to the
property owner and cannot be obtained by the proper ty owner, the property
owner shall file statement of the information which cannot be obtained and the
reasons why such information cannot be reasonably o btained. Where such
unobtainable information concerns required financia l information, the property
owner will submit a statement describing estimates which will be as accurate as are
feasible.
(3) Reasonable Accommodation : Reasonable Accommodations from this section may be
obtained pursuant to LDR Section 2.4.7(G).
(4) Penalties for Violations : The City adopts all enforcement methods, which i nclude, but
are not limited to, the issuance of a citation, sum mons, notice to appear in county court, arrest for
violation of municipal ordinances, civil citations, injunction or any other enforcement method authori zed
by law including penalties as set forth in Section 10.99 of the City’s Code of Ordinances. Any proper ty
owner that leases, rents, licenses, subleases, or o therwise allows in any manner or form the use of an
entire dwelling unit within a single-family or plan ned residential development zoning district for a p eriod
of less than twelve (12) months with a turnover in occupancy of any part of the dwelling unit more oft en
than three (3) times in any one (1) year as well as those entire dwelling units that are located withi n
Medium Density Residential (RM) Zoning Districts wi th a turnover in occupancy of any part of the
dwelling unit more often than six (6) times in any one (1) year shall be in violation of this section.
14
(5) Severability :
(a) Generally . If any part, section, subsection, paragraph, sub paragraph, sentence,
phrase, clause, term, or word of Section 4.3.3(ZZZ) is declared unconstitutional by
the valid judgment or decree of any court of compet ent jurisdiction, the
declaration of such unconstitutionality shall not a ffect the remainder of Section
4.3.3(ZZZ), “Transient Residential Uses”.
(b) If the entire Section 4.3.3(ZZZ) is declared un constitutional by the valid judgment
or decree of any court of competent jurisdiction, t he earlier version of this section
adopted by the City Commission on July 7, 2009 as O rdinance 29-09 shall be
substituted herein and shall be deemed to be in ful l force and effect.
Section 2 . That Appendix “A”, “Definitions”, of the Land Dev elopment Regulations of the City of
Delray Beach, Florida, shall hereby be amended to r ead as follows:
TRANSIENT RESIDENTIAL USE shall mean the entire dwe lling unit or any part thereof, which is
located in Single Family or Planned Residential Dev elopment Zoning Districts and is operated or used i n
such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any
one (1) year and the entire dwelling unit or any pa rt thereof, which is located in Medium Density
Residential (RM) Zoning Districts and is operated o r used in such a way that any part thereof turns ov er
occupancy more often than six (6) times in any one (1) year.
Section 3. That should any section or provision of this ordi nance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be
invalid.
Section 4. That all ordinances or parts of ordinances in con flict herewith be, and the same are hereby
repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of
___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler - Director , Community Improvement
THROUGH:David Harden - City Manager
DATE:February 3, 2012
SUBJECT:AGENDA ITEM 12.D. - MEETING OF FE BRUARY 7, 2012
ORDINANCE NO. 08 -12
ITEM BEFORE COMMISSION
City Commission consideration of approving Ordinance No. 8-12, am ending Chapter 117, “Landlord
Permits”, of the Code of Ordinances of the Ci ty of Delray Beach, by amending Section 117.01, “Permit
Required”, to clarify when a permit is required; amending Secti on 117.03, “Approval of Application”,
to provide additional requirements; amending Section 117.04, “Denial or Revocation of permit
application; appeals”, to clarify grounds for revocation; and amending Section 117.06,
“Tenant/Occupant Eviction”, to ensure notice and due process rights are followed or alternat e housing is
provided.
BACKGROUND
City Commission directed staff to strengthen the permit approval and enforcement process of properties
receiving permits under the Landlord Permit program. The changes prop osed are designed to improve
the quality of life for all residents. Permit appli cants will be required to provide copies of all leases,
subleases and/or agreements to occupy the buildi ng or unit and are respons ible for providing updated
copies of the same within 30 days of any changes.
Leased residential units will be limited to four (4) ve hicles, for which residentia l parking stickers must
b e obtained from the City. Additional parking stickers may be issued when certain conditions are m et
and are documented.
Additionally, applicants will be required to follow Chapter 83, Flor ida Statutes governing evictions.
Residential units within the City’s Residential Zoni ng District that are otherwise not required to follow
the State Statue, must provide proof of availability of an alternative temporary dwelling unit in the event
of an eviction, in compliance with Section 117.06 of th e Code of Ordinance. Further, the amendments
under this Ordinance clarify reasons a Landlord permit may be revoked.
RECOMMENDATION
Staff recommends approval of Or dinance No. 8-12 upon first reading.
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