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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
UofL avatar
UofLBeach Fanatic
#102
And we always have to ask, why has something been proposed? Anymore, it's not for the citizens/consumers' well being. Anything and everything in America is done so that someone will profit. Who profits from this? That's why it is being done.
Something as simple as here in Louisville (maybe KY.) you have can have free bourbon tastings and up to a point, free beer tastings, but now there is a charge for the beer tastings. I am of the bourbon industry, but expect that the industry lobbied to have one of our top industries to be protected.
That's how America works now. Have a voice; make some money. A few profit, the rest suffer. Sorry about being cynical.
Counting down, 3 weeks!!! Ellen
WaltonIsOneBeach Lover
#103
And we always have to ask, why has something been proposed? Anymore, it's not for the citizens/consumers' well being. Anything and everything in America is done so that someone will profit. Who profits from this? That's why it is being done.
Something as simple as here in Louisville (maybe KY.) you have can have free bourbon tastings and up to a point, free beer tastings, but now there is a charge for the beer tastings. I am of the bourbon industry, but expect that the industry lobbied to have one of our top industries to be protected.
That's how America works now. Have a voice; make some money. A few profit, the rest suffer. Sorry about being cynical.
Counting down, 3 weeks!!! Ellen

There is ALWAYS a money trail. Either some party is making money or saving money.
Matt J avatar
Matt JSWGB
#104
Ultimately it's the Sheriff's Department's responsibility across the board as the ultimate authority in the county (read your Florida constitutions). So I would think that would be the easiest solution. Especially given that even drunk people, usually, respond pretty well to law enforcement over the fire department.
WaltonIsOneBeach Lover
#105
Here are some existing county ordinances that might be used to address the noise, parking, and concerns about "commercial businesses" operating in residential areas.


Parking Ordinance - Code of Walton County - Chapter 20 - Traffic and Vehicles Section
Municode.com | Online Library

Addresses parking on private property.

My Take - Do not park on property owned by others, or you get ticketed. And you might not be able to find your car after the party as it would be sitting in an impound lot.

Noise Ordinance - http://www.co.walton.fl.us/DocumentView.aspx?DID=1367

My Take - Do not make noise that surpasses the standards detailed in the code or you get a ticket and must cease and desist.


Beach Noise Ordinance - Section 4. Regulation of Use and Conduct on the beach and water bodies - Item I - Sound Amplification
http://www.co.walton.fl.us/DocumentView.aspx?DID=1366

My Take - Do not use sound amplication devices as detailed in the code that cause one to hear the sound emitted within 100 feet or you get ticketed and must cease and desist. (in my view this would include sound amplification devices that are operated on "beach front" properties as they do sit on what is referred to as the "Beach" and in many cases a beach property "owned" by the property owner)


Chapter 22 - Waterways, Article III Waterways - Section 22-40 - Regulation of Use and Conduct on the Beach

(j) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct.

My Take - Act like a decent human being and be considerate of others versus acting like an idiot, or you get a ticket and must cease and desist.


Commercial or Workspace Uses in Residential Preservation Areas - Item E - Compatibility with Existing Neighborhoods on Page 14 of the Walton County Land Development Code -

http://fl-waltoncounty.civicplus.com/DocumentView.aspx?DID=2115

My Take - If you are running a commercial business in a residential neighborhood area that was not approved by the county prior to the neighborhood's development being approved or after such development, then shut it down or the County Code Enforcement will do so through ticketing and the Courts.
scooterbug44 avatar
scooterbug44SoWal Expert
#106
IMO it's rather hard to have Code Enforcement be the enforcer since they don't work any of the hours when weddings would be taking place.

When the enforcer works banker's hours M-F, and the problem occurs at night and on the weekends, it's a giant DUH!
WaltonIsOneBeach Lover
#107
Scooterbug take a look at this:

http://www.co.walton.fl.us/DocumentView.aspx?DID=1722

Obviously this approach is not effective.

Code Enforcement's hours of operation are 7:00 am to 5:30 pm. How is that supposed to work when citizens, visitors and "businesses" are to comply with the codes "24 x 7 x 365".

Meanwhile the Code Enforcement department is to be "pro-active" in the scenic corridor and beaches per this memo:

http://www.co.walton.fl.us/DocumentView.aspx?DID=1632

Why would the citizens of this county want to assign Code Enforcement the responsibility to enforce the County Codes, when this department does not have the time or resources to address citizen complaints? Complaints, of which, are required to be either submitted in person or in writing "after the fact" when in actually some cases need to be enforced in "real time"?

In all of this, where are the "Pro-Active" and "Education-based" enforcement techniques to prevent these Noise and Parking violations. You know, the techniques that are detailed as the tools used by Code Enforcement to encourage "voluntary" compliance as per the abovementioned memo?

Furthermore, since when is compliance with the law "voluntary"? Compliance with the law is to expected and in some cases should be demanded through "real time" enforcement action.

Now, some citizens are pushing the county to create new legislation for Short Term Rentals and Wedding Venues and assigning partial responsibility of enforcement to "code enforcement" and the fire marshal?

How do these citizens really expect that their rights to "Peace and Quiet" will be met? By a visit from Santa Clause? Or maybe the Easter Bunny?

Without a clear and visible enforcement of the existing laws by the county, these citizens do not have a chance to expect that their individual rights will be protected through this new legislation.

In the end, the proposed legislation, no matter what it is called, no matter what is contained within it, if it is to be enforced in the same manner as existing laws, then this whole legislative process is a waste of tax payers' money.

I guess my rant is nothing more than me agreeing with your "Duh" point Scooterbug.

Edited

Morning GloryBeach Comber
#108
Proposed Rental Ordinance

I have two questions for waltonisone and beach_umbrella:

1. Are you affiliated with a local rental agency?
2. Are you affiliated with a local "political movement"?

I have one other question for them; can't you find somthing constructive to do?

The BCC will never pass the ordinance, just keep delaying it until they actually have to do something. They do have someone pushing for it because he owns a building that can accomodate large weddings and his wife just happens to be an event planner. The building is located at the corner of Chat Holley and 331.
Matt J avatar
Matt JSWGB
#109
I have one other question for them; can't you find somthing constructive to do?

The BCC will never pass the ordinance, just keep delaying it until they actually have to do something. They do have someone pushing for it because he owns a building that can accomodate large weddings and his wife just happens to be an event planner. The building is located at the corner of Chat Holley and 331.

Do you have any proof of that? My understanding is that individual doesn't wield the power they used too. :idontno:
scooterbug44 avatar
scooterbug44SoWal Expert
#110
I profit in no way from weddings being held in commercial spaces instead of residential neighborhoods, I just think that the problem has become enough of a stupid nuisance that it needs to be effectively dealt with.

Of course, there's a list of about 30 ongoing issues that I think need to be effectively dealt with because I am a black/white person, not a 86 shades of gray complicated by $$ and connections person. :roll:
Elephant Child avatar
Elephant ChildBeach Lover
#111
While the ordinance doesn't actually exclude you from having a wedding, it's a work around to prevent homes in residential areas from being used as wedding houses.

To answer your question, if you could find a house that slept 40+ you could have the reception at the home as long as you didn't exceed the occupancy limit. I only know of one house that could hold 40+ people and it's not gulf front.

What about parking...
Elephant Child avatar
Elephant ChildBeach Lover
#112
I have one other question for them; can't you find somthing constructive to do?

The BCC will never pass the ordinance, just keep delaying it until they actually have to do something. They do have someone pushing for it because he owns a building that can accomodate large weddings and his wife just happens to be an event planner. The building is located at the corner of Chat Holley and 331.

There are two excellent Letters to the editor in the Walton Sun this week...about this...and I think it will pass as there are many folks who are tired of sharing their neighborhood.
WaltonIsOneBeach Lover
#113
The BCC will never pass the ordinance, just keep delaying it until they actually have to do something.

Is this some sort of "inside" information on the BCC's actual position?
lenzoe avatar
lenzoeBeach Fanatic
#114
[...]
Can everyone hear me, please please, just enforce the existing county codes for residential property use, fire safety, occupancy, noise and parking and this would be addressed.
[...]

And while you're at it, enforce the ordinances that say no glass or littering on the beach. I mean it.

If someone with the authority to write tickets actually gave some out for infringements, I bet most of these problems would be solved in one season. If violators had to actually pay a fine, they will tell their friends, and they'll tell their friends. It's a social networking thing. Instead, if anything, people infringing current ordinances seem to me to get either a light talking-to or at worst a stern lecture. There's no actual incentive other than good manners to obey most of these ordinances, and no punishment when broken. And there's a decreasing level of good manners out there.

Edited

Morning GloryBeach Comber
#115
Proposed Rental Ordinance

Do you have any proof of that? My understanding is that individual doesn't wield the power they used too. :idontno:

My proof is that I know first hand how this works, always has and always will.

If you want to see what kind of power this individual has just request the records on the Chat Holley Road/331 right of way acquisition (the records are BLUE all over).

You are correct, he has fallen from grace with the BCC. So now that he has lost his clout the BCC will delay this as long as they can.
WaltonIsOneBeach Lover
#116
My proof is that I know first hand how this works, always has and always will.

If you want to see what kind of power this individual has just request the records on the Chat Holley Road/331 right of way acquisition (the records are BLUE all over).

You are correct, he has fallen from grace with the BCC. So now that he has lost his clout the BCC will delay this as long as they can.

Any ideas how to end it once and for all? Maybe that answer needs to be offline!
scooterbug44 avatar
scooterbug44SoWal Expert
#118
Local restaurants are going to close due to lack of business if we require receptions to be held in restaurants and banquet spaces?

Property values will plummet because the only option besides 40+ weddings a year, parking problems, and noise as your neighbor is a foreclosure?

Wedding guests bring more business in to stores and restaurants than all the tourists, locals, and second homeowners combined?

Yes, I agree that the wedding industry creates income for many local businesses.

But I don't see why requiring receptions and other COMMERCIAL functions to be held in the many available commercial venues totally negates that.
Lake EasternBeach Lover
#119
Here is an interesting article in this week's edition of the Walton Sun about this topic.

A union that must not be torn asunder | weddings, asunder, torn - Walton and weddings - WaltonSun.com

Read the opinion piece very carefully and was sad that the writer was so unaware of the Bay, Walton, Okaloosa benefits of the military installations and the contractor employees that truly are the mainstays of our local economies. To say we are 100% dependent on tourism was definitely over the top. The military installations brought a diverse population to our area, the opportunity for many to receive high paying employment with retirement that was not dependent upon the weather conditions. Their children brought federal impact funds to our schools, and many of the professional people had spouses who taught in our schools. Their friends and family provided us with an ongoing tourist base. Bases on the east and west of Walton are currently expanding and it behooves us to provide zoning that allows them to buy with the knowledge that they can leave their families for follow on assignments or retain a home for retirement with the expectation that it will be what they accepted in neighborhood parameters. Code enforcement is a good thing!
lenzoe avatar
lenzoeBeach Fanatic
#120
But I don't see why requiring receptions and other COMMERCIAL functions to be held in the many available commercial venues totally negates that.

I agree with this, and I think the opinion piece was a lot of puff and hyperbole which doesn't help either side of the argument.

However, this ordinance is trying to do a lot more than just regulate location of wedding venues. The occupancy thresholds, registration requirements, and per-person square footage minimums for short-term rentals have nothing to do with whether wedding businesses should be staging reception parties in residential neighborhoods.

I still don't understand why existing noise/parking/etc. ordinances are not sufficient to keep wedding parties from infringing on neighbors rights to quiet and peaceful enjoyment of their own properties.

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