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Proposed Rental Ordinance Update?

wrobert avatar
wrobertBeach Fanatic
28,064 views
Short term rental ordinance

I heard about this a couple of days ago and finally got around to getting a copy. You guys are going to love this. The request to set up the first public workshop is October 26th. After reading I think you will agree a workshop on this ordinance is a waste of time, but your commissioners need to know your thoughts. This is just the initial DRAFT and no public comment has yet to have been taken.

ORDINANCE 2010-__ ​
AN ORDINANCE OF WALTON COUNTY,FLORIDA; ESTABLISHING REGULATIONS AND PERMITTING REQUIREMENTS FOR SHORT-TERM RENTALS OF SINGLE-FAMILY DETACHED RESIDENTIAL DWELLING UNITS; PROVIDING FOR AUTHORITY, PURPOSE, DEFINITIONS; PROVIDING FOR REGISTRATION AND APPLICATION REQUIREMENTS; PROVIDING FOR PENALTIES, JUDICIAL CONSTRUCTION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Walton County, Florida (Board) is concerned with the potential harmful affects short-term rentals of single-family detached residential dwelling units have on the health, safety, and general welfare of the residents of Walton County; and

WHEREAS, there is an interest in protecting the quality of life of the residents and value of property in Walton County; and

WHEREAS, the Board finds it is in the best interests of the health, safety, and welfare of the people of Walton County to establish reasonable regulations and permitting requirements for short-term rentals of single-family detached residential dwelling units.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Walton County, Florida that:

Section 1. Authority. Section 125.01, Florida Statutes, and the State Constitution authorize the enactment of this ordinance.

Section 2. Purpose. The Board recognizes that the unregulated short-term rental of single-family detached residential dwelling units by seasonal residents uniquely impacts certain neighborhoods within the unincorporated areas of Walton County. Therefore, it is necessary to provide reasonable means for citizens of Walton County to mitigate impacts created by such rentals as set forth in this ordinance.

Section 3. Definitions. For the purpose of this Ordinance, certain words and phrases used herein are defined as follows:
Owner shall mean the person in whom is vested the ownership, dominion, or title of property.

Responsible party shall mean the property owner or his/her designee to be called upon to answer for the maintenance of the property and the conduct and acts of seasonal residents of the subject property.

Seasonal resident shall mean guests, tourists, lessees, vacationers, or others who lease or rent a residential property for valuable consideration for a period of time between one (1) day to no more than six (6) months.

Short-term rental shall mean any occupancy of single-family detached residential dwelling units for a period of time between one (1) day to no more than six (6) months.

Section 4. Registration required. It shall be unlawful for any person to allow another person to occupy any single-family detached residential dwelling unit as a seasonal resident within the County, or offer such rental services within the County, unless the person has been registered with the County in accordance with the provisions of this ordinance.

Section 5. Application required. Every person required to procure a registration under the provisions of this ordinance shall submit a form application for such registration to the County. Applications for registration shall set forth and/or include at a minimum:


  • Physical address, including lot, block, and subdivision name, of the single-family detached residential dwelling unit offered for rental.
  • Name, address, and phone number of owner of the single-family detached residential dwelling unit.
  • Name, address, and 24-hour emergency contact phone number of responsible party for the single-family detached residential dwelling unit.
  • The phone number for the responsible party shall be answered 24 hours a day, 7 days a week by a party with the authority to address or coordinate problems associated with the single-family detached residential dwelling unit.
  • Acknowledgements by owner of the following:
a. That all vehicles must be parked in the driveway of the single-family detached residential dwelling unit and clear of all county right-of-way.
b. That it shall be unlawful to allow or make any noise or sound which exceed the limits set forth in _____________.
c. That a sign will be posted and maintained on the single-family detached residential dwelling unit in accordance with _______________.
d. That other properties (not owned by the owner) are not jointly shared commodities and should not be considered available for public use.

  • Proof of owners current ownership of single-family detached residential dwelling unit.

Section 6. Registration are non-transferable. No registration issued under this ordinance shall be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

Section 7. Expiration of registration. All registrations issued under this ordinance shall be valid for no more than one (1) year, and all registrations shall expire on March 1 of each year.

Section 8. Responsible party required. The owner shall appoint a person to serve as the local responsible party for service of notices as are specified herein, and notices given to the responsible party shall be sufficient to satisfy any requirement of notice to the owner. The owner shall notify the County Administrator or his designee in writing of the appointment within five (5) days of being required to make such appointment, and shall thereafter notify the County Administrator or his designee of any change of responsible party within fifteen (15) days of such change. Further, it is hereby made the affirmative duty of the responsible party to:

1. Inform all seasonal residents prior to occupancy of applicable Walton County codes and ordinances concerning noise, parking, garbage, and common area usage;
2. See that the provisions of this ordinance are complied with and promptly address any violations of this ordinance or any violations of law, which may come to the attention of the responsible party;
3. Be available with authority to address or coordinate problems with the rental of the single-family detached dwelling unit twenty-four (24) hours a day, seven (7) days a week;
4. Be situated close enough to the single-family detached dwelling unit as to service emergency calls within one (1) hour of notification; and
5. Keep available a register of all guests, which shall be open to inspection by Walton County Code Enforcement Officers at all times.

Section 9. False information. It shall be a violation of this ordinance for any person to give any false or misleading information in connection with the application for registration required under this ordinance.

Section 10. Revocation. Any registration issued pursuant to this ordinance may be denied, revoked, or suspended by the County for any violation of this ordinance, any other County ordinance, regulation, code, or state law. Such denial, revocation, or suspension is in addition to any penalty provided herein.

Section 11. Posting of sign. Prior to the owner allowing another person to occupy the single-family detached dwelling unit as a seasonal resident, owner shall post a sign on the property meeting the following requirements:


  • The sign must be prominently placed on the property so that the required content of the sign shall be legible as viewed from the public right-of-way;
  • Such sign shall not be larger than eighteen (18) inches by twelve (12) inches and not smaller than sixteen (16) inches by ten (10) inches in size;
  • The sign must clearly indicate the name, and twenty-four (24) hours a day, seven (7) days a week emergency contact phone number of the responsible party for the single-family detached dwelling unit. If the responsible party phone number and rental contact phone number are different, the sign shall clearly indicate both phone numbers;
  • The sign must be continuously on the property of the single-family detached dwelling unit during any period the registration has not expired; and
  • The sign must clearly indicate the expiration date of the registration.

Section 12. Penalty for Violation. In addition to any and all additional remedies available at law, any owner violating any provision of this ordinance may be directed to:
1. Cease and desist such violation;
2. Upon a finding of a violation of this ordinance, pay a civil penalty not less than $250.00 for first offense and $500 for repeat violations;
3. Every day a violation continues shall constitute a separate and distinct offense.

Section 13. Judicial Construction. NO provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy there from.
Section 14. Severability. Should any word, phrase, sentence, or section of this ordinance be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional, then such shall be severed from this ordinance and the remainder of the ordinance shall remain in full force and effect.

Section 15. Effective Date. This ordinance shall take effect as provided by law.

Replies

134
Andy A avatar
Andy ABeach Fanatic
#27
Once again, it appears, a voice of reason on the Commission.
Matt J avatar
Matt JSWGB
#28
Once again, it appears, a voice of reason on the Commission.

The only voice of reason.
lms47 avatar
lms47Beach Lover
#29
AMEN! Seems Commander is the only one that ever reads and thinks about the proposed changes, thank goodness we have her.
Matt J avatar
Matt JSWGB
#30
She seems to be the only one that understands it's a job and not a fun title with prize money.
WaltonIsOneBeach Lover
#31
Proposed Rental Ordinance - More Economic Damage in Walton?

Well folks it seems that someone is pushing the BCC in making a bad decision in the county.

This legislation http://www.ordinancewatch.com/files/LocalGovernment/LocalGovernment55117.pdf
will lead to the devistation of the rental real estate industry in the county.

Meanwhile, Fire Marshall Bill will be visiting renters to do a "bed check".

All because the county will not enforce the current county codes and noise ordinances. This is not just a job killer, it will wipe out Walton County businesses for good.

If you want a good laugh, watch Fire Marshall Bill in action at: YouTube - Fire Marshall Bill
scooterbug44 avatar
scooterbug44SoWal Expert
#32
I question why the fire department is in charge of enforcing the ordinance. (I know occupancy is part of their purview, but I'd rather have them focus on answering 911 calls and let code enforcement do it. Of course that would mean CE would have to stop working banker's hours and take some initiative.)

Other than that, I fail to see why making sure people are following the rules they're supposed to have been following for YEARS is the economic doom you claim.

Unless you are currently violating the rules and are worried about losing your profits from doing so.

Edited

WaltonIsOneBeach Lover
#33
I question why the fire department is in charge of enforcing the ordinance. (I know occupancy is part of their purview, but I'd rather have them focus on answering 911 calls and let code enforcement do it. Of course that would mean CE would have to stop working banker's hours and take some initiative.)

Other than that, I fail to see why making sure people are following the rules they're supposed to have been following for YEARS is the economic doom you claim.

Unless you are currently violating the rules and are worried about losing your profits from doing so.

Scooterbug44, of course I am not violating the rules. It would simply not be neighborly or right.

If the local economy matters to one, one's failure "to see" should inspire one to become more educated and informed. If I can be of service, please let me know. :wave:
scooterbug44 avatar
scooterbug44SoWal Expert
#34
You can "be of service" by giving actual reasons for being concerned or some realistic examples of where something like this has hurt the local economy elsewhere.

A 20 year old clip of Jim Carrey being an idiot is not helpful.

Walton County has many COMMERCIAL venues that are appropriate for weddings. Restaurants, hotels, pavilions, green spaces, pools, clubs.....

Proper use of residential rental properties does not keep this area from being a sought after wedding destination.

And the 1 per 200 sqr ft or (bedrooms x2) +4 still far exceeds what these houses and their surrounding areas are actually designed for. Under that rule, a 4 bedroom 2500 square foot house can have a maximum of 12 people.
WaltonIsOneBeach Lover
#35
You can "be of service" by giving actual reasons for being concerned or some realistic examples of where something like this has hurt the local economy elsewhere.

A 20 year old clip of Jim Carrey being an idiot is not helpful.

Walton County has many COMMERCIAL venues that are appropriate for weddings. Restaurants, hotels, pavilions, green spaces, pools, clubs.....

Proper use of residential rental properties does not keep this area from being a sought after wedding destination.

And the 1 per 200 sqr ft or (bedrooms x2) +4 still far exceeds what these houses and their surrounding areas are actually designed for. Under that rule, a 4 bedroom 2500 square foot house can have a maximum of 12 people.

Ok, I will take the time to enlighten you. I hope you have read the proposed legislation before reading the next section.

1. If you read the ordinance, and understood the english language presented, ALL weddings will be banned from being held at Short Term Rentals.

2. Meaning, if a family from "North" Walton County (or anywhere else for that matter) rents a house on the beach, on a short term basis, they will not be able to have a wedding there.

3. Many, short term rental condominiums and single family homes are owned by "Corporations" or "Limited Liability Companies" set-up to rent these properties to families for residential purposes on a SHORT and LONG term basis. Again, the proposed ordinance would eliminate the possibility of weddings being held at the short term rental property.

Homesteaded property owners would still be able to have weddings, funerals, kids sleep over parties, whatever they want, where as "renters" can not. This is not family friendly or economically smart from a tourist development point of view.

4. Many 1-2 bedroom condos designed and built here in the 1980s and early 90s were designed to sleep 6 to 8 people respectively. Based on the proposed ordinance this would be cut back to 3 people for a 1 bedroom condo that is less than 800 square feet, and 4 people in a 2 Bedroom condo that is less than 1000 square feet. The owners of these condominiums will have a lower number of potential renters due to the legislated cut back in the number of occupants.

I hope the mathematics are not too complicated.

In the end, the current owners of these short term rental properties will generate less rental revenues which could result to "losses" on their investments. If I need to detail what "loss" means, please let me know.

Meanwhile, the sort of legislation which eliminates what one group of residential property users can do, while allowing what "homesteaded" or "2nd" property owners can do and is not "equal" amongst long and short term "residents".

Throughout Walton County there are subdivisions and condo buildings that "outlawed" rentals. These same subdivisions and condo building properties sell for about 23-30% lower in value than short term rental properties. The owners of these property bought the properties as short rental units before the "rules changed". The result is that these communities are "Economic Dead Zones". The properties have to be dumped for below median market value to move the property, plus if any owners of these properties purchased their properties before the "ban" went into effect, then they lost the potential rental income. These are facts that are well documented in the county records.

All of the above gives short term rental property owners a good reason to "get out of" the Walton County "resort strip" real estate market. The resort strip area in Walton County has been here since the early 1900s This legislation could just well trigger a "double crash" in Walton County real estate values. The end result is that property investors will not make long term investments in real estate here in Walton County, which causing local property owners, other county citizens and county employees to loss money and or income on their investments in the "resort strip" in South Walton County.

Traditionally weddings are held in churches. These churches are non-profit corporations, and some of these churches are located in residential areas, like Seaside for instance. In the end, the church is a "commercial" business, it has "services" for its members while receiving donations. Are these churches also going to be required to stop having weddings as well because they are located in a residential area? Who knows.

But the interpretation of this proposed ordinance could just as well as outlaw weddings in neighborhood churches as well.
Douglas the Intrepid avatar
Douglas the IntrepidBeach Fanatic
#36
Proper use of residential properties will allow the vast majority of our locals and visitors to enjoy the peace and beauty of our area to the fullest. I fully support the reasoning behind the differences of rights between homesteaders and short term rentals. Homesteaders have a vested interest in maintaining good relations with their neighbors if they do have a wedding. People renting a beach home for a wedding tend to care less about anyone else and the resulting chaos and noise reflect that.

Sounds like somebody is sucking on some sour grapes to me...;-)

Edited

scooterbug44 avatar
scooterbug44SoWal Expert
#37
1. I have no problem with this. It's land use 101. That's why we have different designations.

I can't run a restaurant or another kind of business out of my house BECAUSE IT'S NOT A COMMERCIAL PROPERTY. I bet a whorehouse is a great moneymaker and would draw in tourists, but that doesn't mean I want to see one in the house next door.

2. See #1.

3. I don't care about the financial organization of the property ownership. See #1.

4. The math isn't complicated. I just don't agree with your conclusions.

More than 3 people in a 1 bedroom smaller than 800 square feet is quite cozy. Just because you can physically pack more people into a space to earn more money doesn't mean that is a proper usage.

Heck, even LOS ANGELES sets 1 per 200 square feet as the max. Many places consider a reasonable occupancy for a rental to be 1 person per bedroom plus 1 more. This ordinance allows 2 per bedroom plus 4 or 1 per every 200 square feet.

Churches already have their occupancies set using different standards because they are completely different from a house. They have their own land use designation, which is shockingly "church."

I would love to see the data on "no short term rentals" negatively influencing property values. I have always heard that mentioned as a major selling point. My guess is that many of the higher end communities like Rosemary and Seaside include short term rentals and are influencing that stat, not an actual desire by most buyers to have a short term rental with all the associated headaches next door.
melscuba avatar
melscubaBeach Fanatic
#38
Just asking for clarification: Scenario One: a 1700 sq foot home, 3bed/3bath with hall bunks. One of the bedrooms has two sets of bunks (sleeping four). It's a no go? Theoretically sleeping ten... if you can't rent to that many, but use it personally, when you are there.. can you sleep 10? When the owner isn't staying in it, and vacationers are: only 8 total? Just asking... I'm not stepping in to this discussion for opinion sake, just clarification.

Scenario Two: 3bed/3bath.. 1500 square feet... can only sleep two to a room... so no bunk sets in the third bedroom there either? Wait, how many can that one have there??... 7? But an owner could set it up to sleep more, just only when the owner is using it (not living in it... there on vacation themselves)

Edited

tsutcli avatar
tsutcliBeach Fanatic
#39
For those of us who live here we know Walton county is full of ordinances, laws and rules with new ones passed all the time but the bottom line is that our county enforces almost nothing. Doesn't matter if it's a good idea or not, nothing will come of it.
WaltonIsOneBeach Lover
#40
1. I have no problem with this. It's land use 101. That's why we have different designations.

I can't run a restaurant or another kind of business out of my house BECAUSE IT'S NOT A COMMERCIAL PROPERTY. I bet a whorehouse is a great moneymaker and would draw in tourists, but that doesn't mean I want to see one in the house next door.

2. See #1.

3. I don't care about the financial organization of the property ownership. See #1.

4. The math isn't complicated. I just don't agree with your conclusions.

More than 3 people in a 1 bedroom smaller than 800 square feet is quite cozy. Just because you can physically pack more people into a space to earn more money doesn't mean that is a proper usage.

Heck, even LOS ANGELES sets 1 per 200 square feet as the max. Many places consider a reasonable occupancy for a rental to be 1 person per bedroom plus 1 more. This ordinance allows 2 per bedroom plus 4 or 1 per every 200 square feet.

Churches already have their occupancies set using different standards because they are completely different from a house. They have their own land use designation, which is shockingly "church."

I would love to see the data on "no short term rentals" negatively influencing property values. I have always heard that mentioned as a major selling point. My guess is that many of the higher end communities like Rosemary and Seaside include short term rentals and are influencing that stat, not an actual desire by most buyers to have a short term rental with all the associated headaches next door.

Just for the record, we all know that most renters are not a problem. It is the few "Inconsiderate Transient Visitors" (ITVs) that create these problems combined with the county's failure to enforce existing laws on the books. I do not want "event houses" operating anywhere in the county in which fire safety, parking and noise ordinances are not adhered to by the attendees of "events". And I do not want offensive commerical "enterprises" moving into residential "zones" and creating problems for surrounding property owners.

Now on to my response to you Scooterbug (please forgive the length)

Scooterbug you are weak on your facts once again.

Firstly, "home occupations" are allowed to take place in residential properties throughout the county, by law. (Of course, the "home occupation" does have to be a legal enterprise. Your "whorehouse" reference would not meet this criteria). Secondly, "leasing and sales offices" in some subdivisions and condo buildings represent "commercial enterprises" located within residential communities, they are also legal. Some of these "home occupations" and "commercial enterprises", are located within the various residential land use areas you reference. I agree with you about restaurants.

Please read Section 5. - Maximum Occupancies, Item B contained in the proposed ordinance again, as what you stated above is incomplete and inaccurate.

Here, I will make it easy for you: Item B states "Maximum Occupancies for "short term rentals," which are considered residential uses, shall be based on 200 gross square feet per person or 2 persons per bedroom plus 4, whichever is less."

For one who asks for "facts", you seem to have a little trouble gleening them from county documents and your "guesses" are not really relevant to the facts themselves.

The "whichever is less" language reduces the number of occupants even further based on the total square footage of the rential unit". It is an important detail.

Since the coastal area of Walton County is a resort strip located in Florida and not in the Republic of California, let us consider occupancy standards in other tourist destination counties in Florida. In Orange County, FL, one particular occupancy standard is set at 2 people in 220 sq feet, 110 square feet per person, with as low as 50 square feet per person for "sleeping space". There is no reason why the same standard could not be applied here.

When Churches are located within or abutting against residential areas, the impact of wedding "noise" is the same as having a wedding "get together" anywhere else. Of course, when you decide to purchase a home next to a church, you know what you are getting into. The same for anyone who purchases a home or condo in the Walton County short term rental resort strip. (I am all for churches in residential areas and the noise wouldn't bother me, but that is not really relevant to this thread).

Your reference to "most buyers" is also inaccurate. It actually should reference "some buyers", and if these buyers do not want to live around short term rentals, then they should purchase properties in condo buildings and subdivisions that have outlawed rentals or move to New York City where the city government just outlawed short term rentals throughout the entire city. The property owners should not just buy property "anywhere" they want in the resort strip area of the County, then push to take away any rights from surrounding short term rental property owners or place any unnecessary regulations upon short term rental property owners. Especially if the county does not enforce the current laws on the books.

You might want to consider researching the county records for the property sales information in areas that ban short term rentals for yourself. I have.

The records reveal the fact that non-rental properties sell at lower values. (If I provided individuals the actual results of my research, they would just tell me that it is not substantiated. It might be most credible if one does their own research.)

Thank you again Scooterbug for your views, information and comments you share on this thread.

Edited

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