80-87 ORDINANCE NO. 80-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16,
"OFFENSES MISCELLANEOUS" BY ENACTING A NEW ARTICLE
III, "LANDLORD PERMITS", TO REQUIRE THAT A LANDLORD
PERMIT BE OBTAINED FOR DWELLING UNITS WHICH ARE
RENTED FOR RESIDENTIAL PURPOSES; PROVIDING PERMIT
FEES; PROVIDING CRITERIA FOR GRANTING A PERMIT;
PROVIDING FOR APPEALS FOR A DENIAL OF A PERMIT;
PROVIDING FOR INSPECTIONS OF RENTAL PROPERTY;
PROVIDING FOR PENALTIES; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That a new Article III, "Landlord Permits", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby enacted to read as follows:
ARTICLE III. LANDLORD PERMITS
Sec. 16-51. General.
No person, company, or other entity who leases or offers for lease
residential units within the City of Delray Beach may enter into any
arrangement written or otherwise which constitutes a lease of property
which is used for residential purposes, unless a landlord permit is
obtained or in existence for the rental units. All oral rental arrang-
ements shall be included within the scope of this section, but the
operation of a hotel shall not (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).
Sec. 16-52. Permits Required.
A separate permit shall be required for each rental unit provided
that where a building contains a number of rental 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 quali-
fying units within a single building which are under the same owner or
agent. Nothing in this section shall require a permit of any unit
enrolled in a federal housing program or under Federal Housing Urban
Development general supervision.
Sec. 16-53. Permit Fees.
Applications for a landlord permit shall be availakle through the
Building Department of the City of Delray Beach. The anl:ual permit fee
shall be $10.00 per unit. Such permit shall be for one (1) year from
the date of issue on November 1st of each year, with the fee to be
prorated quarterly.
Sec. 16-54. Approval of Landlord Permits.
a) The Chief Building Official shall grant approval for the lease
of units within the City of Delray Beach for residential
purposes upon 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 Chapter 9, Article VII of
the Code of Ordinances with regard to those facilities
necessary to make the rental unit habitable.
3. That the rental of the units is in compliance with
applicable zoning codes.
b) The permit shall state the maximum number of persons who can
occupy each unit. That number shall be no more than two (2)
per bedroom plus two (2) additional persons per unit, provided
that nothing in this section shall permit the rental of a unit
in a manner whick violates the definition of family in Chapter
30 of the Code of Ordinances. This section shall not be
interpreted to prohibit a landlord from renting a unit to a
family as defined by chapter 30 of the Code of Ordinances.
Sec. 16-55. Appeals.
Appeals of a denial of a landlord permit shall be made to the
Permit Review Committee which shall consist of the City Manager, the
Community Development Coordinator and the Planning 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 City within thirty (30) days of formal
Notice of Denial 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 of the City of Delray Beach %~hose decision shall be
final subject to any appeal of such decision to Circuit Court.
Sec. 16-56. Inspections.
The Building Official or his/her designee may inspect all rental
units or units which are reasonably suspected to be rental units for
compliance with this section at reasonable hours and upon forty-eight
(48) hours notice or with the permission of the cwner, a~ent, or tenant
(whickever is applicable). Where permission to inspect the premises is
denied to the City or where facts and circumstances reasonably justify
the failure to seek consent, the City shall make an effort to obtain the
appropriate warrant and shall conduct the inspection as required by law.
Sec. 16-57. Penalties.
Should any person or entity, required to obtain a landlord permit
under Section 16-51, not file an application for such landlord permit
within thirty (30) days of acquiring interest in property subject to
inspection under this Article, the permit fees shall be tripled.
~ That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~ 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.
~_~ That this ordinance shall become effectiv~ ten
(10) days after passage, however, all penalty provisions shall be ~tayed
for six (6) months following passage to allow presently existing land-
lords to voluntarily comply with the provisions of this article.
PASSED AND ADOPTED in regular session on second and final
reading on this 13th day of October ..... ~__.
ATTEST:
F i r st Read ing ~_e.~.%_em_b_e_r_33_~_1987
Second Re ad i n g _q~%%_be_r__13_ u_13 87
ORD. NO. 80-87