Cocoa Beach Planning Board Tackles Vacation Rental Compliance and Enforcement Issues
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Meeting Type:
Planning Board
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Meeting Date:
09/09/2024
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Recording Published:
09/09/2024
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Duration:
34 Minutes
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
- Meeting Overview:
The Cocoa Beach Planning Board meeting centered on the crucial issue of vacation rental compliance, addressing the challenges of managing unlicensed properties and ensuring public safety through rigorous enforcement measures. The board also discussed the complexities of regulating short-term rentals, the role of Homeowners Associations (HOAs), and potential fee adjustments for rental registrations.
The most pressing topic discussed was the ongoing effort to ensure that vacation rentals comply with local regulations. Staff provided an update on the vacation rental process, emphasizing that a Business Tax Receipt (BTR) is mandatory for all vacation rentals, defined as rentals of 30 days or less, no more than three times a year. Currently, 469 vacation rentals are licensed, but a staggering 1,049 unlicensed properties are being tracked for compliance. The staff highlighted the role of new software platforms like OpenGov and RentalScape in identifying unlicensed rentals. As of the meeting date, 1,566 vacation rentals were advertised, with a significant number lacking proper licensing.
The discussion stressed the importance of inspections for guest safety. The board considered expanding restrictions to additional residential zones (RM1 and RM2), mirroring current policies for RS1 zones.
Members engaged in a dialouge about the challenges of identifying corporate versus individual owners of vacation rentals. One member inquired about how the city could compel property management companies to disclose their listings. Staff responded that it is typically the property owners’ responsibility to register their rentals, but the efficiency of new software would aid in bringing more properties into compliance.
Questions were raised about the city’s relationship with local realtors, suggesting that realtors be formally notified about the need for compliance with vacation rental guidelines, as they often manage multiple rental properties. Concerns about penalties for properties failing to undergo safety inspections were also addressed, with staff confirming that non-compliance penalties can accumulate over time. The discussion transitioned to enforcing ordinances regarding overnight parking on residential streets, with a suggestion for a parking enforcement officer during peak rental times and a graduated fine system for repeat offenders.
The board also contemplated the need for dedicated personnel to pursue the 1,000 unlicensed vacation rentals actively. They acknowledged the complexities of code enforcement, noting the cumbersome process of sending registered letters and tracking responses. A proposal to integrate photo uploads from residents reporting code violations into the new software was raised.
Another discussion topic was the potential for banning vacation rentals, similar to policies in other communities. A member referenced a community in Spain and questioned whether any U.S. communities had successfully implemented such bans, noting that Satellite Beach does not permit vacation rentals. Staff acknowledged that state regulations complicate the ability to enact outright bans.
The meeting also addressed the complexities of establishing Homeowners Associations (HOAs) to control short-term rentals in residential areas. The challenge of achieving unanimous consent from all property owners was highlighted, with one participant noting, “if you’ve got one short-term rental, guess what, you’ve just lost your 100% vote.” The conversation revealed that attempts to form HOAs often arise in response to issues stemming from neighbors operating short-term rentals, leading to disputes about property upkeep and community atmosphere.
Existing laws that could restrict short-term rentals if established before a certain date were discussed, specifically a 2011 law allowing communities to ban short-term rentals if regulations were enacted prior to that year. However, not many communities took proactive measures at that time.
The board examined the total number of short-term rental units, noting about 1,566 units advertised in the area, with approximately 300 in RS1 zoning and the rest in other categories, such as condominiums. It was clarified that data compiled accounted for rentals listed on various sites.
A participant inquired about the fees associated with short-term rental registrations, including BTR fees. The fee for fire services was mentioned as $95 per hour and for police services, $85. The registration fee was set at $525. There was a discussion about potentially reassessing these fees, considering the escalating costs of providing services, with suggestions to adjust them as necessary in future meetings.
Concerns about tracking down unregistered short-term rentals were raised, noting the city could only collect back fees for a maximum of three years. The new software system, expected to roll out around November 11th, was anticipated to streamline the process, allowing immediate action against non-compliant properties.
The board expressed concerns about property owners renting out multiple units within a single residence, creating situations resembling mini motels rather than legitimate vacation rentals. Emphasis was placed on enforcing regulations to maintain residential area integrity and the intent of rental regulations.
Finally, the board discussed community engagement and raising awareness among residents about unregistered rentals. The idea of creating a list of registered properties was suggested to help residents identify compliant rentals. However, concerns were raised about making such information publicly accessible, potentially leading to targeted actions against certain properties.
Keith Capizzi
Planning Board Officials:
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
09/09/2024
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Recording Published:
09/09/2024
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Duration:
34 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
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