O-2019-28CC:
cLER M. CITY OF CLERMONT
�c ORDINANCE NO.2019-28
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING,
ARTICLE V SUPPLEMENTARY DISTRICTS, SECTION 360 VACATION
RENTAL PERMIT REGULATIONS; PROVIDING FOR CODIFICATION;
SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on November 5, 2019 and following such hearing found this Ordinance to be in
the best interest of the City of Clermont, and recommended that the City Council adopt this
Ordinance; and
WHEREAS, the City Council of the City of Clermont desires to amend Chapter 122 Zoning,
Article V Supplemental Districts, Section 360 Vacation Rentals Permit Regulations, of the City of
Clermont's Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida as follows:
SECTION 1.
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIE of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read
as follows:
Section 122-360 General Provisions:
(1) Purpose
(2) Definitions
Section 122-361 Vacation Rental Permit Requirements
(1) Permit Requirements
(2) License required
(3) Application for vacation rental permit
(4) Modification of vacation rental permit
(5) Duration of vacation rental 1permit
(6) Renewal of vacation rental permit
(7) Compliance inspections of vacation rentals
(8) (Reserved)
(9) Licenses non -transferable, non -assignable
�a
CLER NT
Chew
CITY OF CLERMONT
ORDINANCE NO.2019-28
Section 122-362 Vacation Rental Representative
(1) Duties of the vacation rental representative
Section 122-363 Standards and Requirements for Vacation Rentals
(1) General
(2) Local phone service required
(3) Parking standards
(4) Solid waste handling and containment
(5) Maximum occupancy
(6) Posting of vacation rental information
(7) Minimum life safety requirements
(8) Advertising
(9) Commercial use of property prohibited
(10) Sexual offenders and predators prohibited
Section 122-364 Administration, Penalties, and Enforcement
(1) Administration of Vacation Rental License Program
(2) Appeals
(3) Notice
(4) Penalties and enforcement
Section 122-360 GENERAL PROVISIONS:
(1) PURPOSE.
The purpose of this chapter is to promote public health, safety, welfare and convenience
through regulations and standards for short-term vacation rental properties by providing for:
(A) A vacation rental permit;
(B) Safety and operational requirements;
(C) Parking standards;
(D) Solid waste handling and containment;
(E) Licensure requiring posting of vacation rental information;
(F) Administration, penalties and enforcement.
(2) DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning. Words not defined shall be given their meaning as
provided in Chapter 14, Building Regulations, of the Codes of Ordinances of the City of Clermont,
Florida.
2
..
CLER , CITY OF CLERMONT
�a� � ORDINANCE NO.2019-28
HABITABLE ROOMshall mean a room or enclosed floor space used or intended to be used
for living or sleeping purposes, excluding kitchens, bathrooms, shower rooms, water closet
compartments, laundries, pantries, foyers, connecting corridors, closets and storage space.
LIFE SAFETY VIOLATION means a violation of any code intended primarily to prevent the
loss of life, injury and property damage.
OCCUPANT means any person who occupies, either during the day or overnight, a vacation
rental.
TRANSIENT PUBLIC LODGING ESTABLISHMENT shall mean any unit, group of units,
dwelling, building or group of buildings within a single complex of buildings that is rented to guests
more than three times in a calendar year for periods of less than 30 days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests.
VA CA TIONRENTAL shall mean any unit or group of units in a condominium or cooperative
or any individually or collectively owned single-family, two-family, three-family or four -family
house or dwelling unit that is also a transient public lodging establishment and is located in an area
zoned Residential, but that is not a timeshare project.
VACATIONRENTAL REPRESENTATIVE means a vacation rental property owner, or his or
her authorized designee, as identified in the application for a city vacation rental permit.
RESPONSIBLE PARTY shall mean the owner or the person designated by the owner of the
property to be called upon to answer for the maintenance of the property and the conduct and acts of
occupants of said vacation rental property.
Section 122-361 VACATION RENTAL PERMIT REQUIREMENTS
(1) PERMIT REQUIRED
(A) A property owner operating a vacation rental shall obtain a vacation rental permit
prior to advertising a property available for short-term rental.
(B) The advertising or advertisement for the rental of a dwelling unit for periods of less
than 30 days or one calendar month and more than three times a year is direct evidence of operating a
property for rent as a vacation rental in violation of division (A) of this section.
Section 122-362(2) APPLICATION FOR VACATION RENTAL PERMIT
(A) A property owner seeking initial issuance of a vacation rental permit, or the renewal
or modification of a vacation rental permit, shall submit a completed vacation rental permit
application, in a form promulgated by the city, together with an application fee in an amount set by
resolution of the City Commission.
(B) A complete application for the initial issuance of a vacation rental license, or for its
renewal or modification, shall demonstrate compliance with the standards and requirements set forth
in this chapter through the following submittals:
(C) A completed vacation rental permit application form, which must identify; the
property owner, the address of the vacation rental, the vacation rental representative, and the phone
number of the vacation rental representative.
d~;
CLER CITY OF CLERMONT
�d ORDINANCE NO.2019-28
(D) Payment of applicable fees.
(E) A copy of the vacation rental's current and active license as a transient public lodging
establishment with the Florida Department of Business and Professional Regulation.
(F) A copy of the vacation rental's current and active certificate of registration with the
Florida Department of Revenue for the purposes of collecting and remitting sales surtaxes, transient
rental taxes, and any other taxes required by law to be remitted to the Florida Department of
Revenue, if applicable.
(G) Evidence of the vacation rental's current and active account with the Lake County
Tax Collector for the purposes of collecting and remitting tourist development taxes and any other
taxes required by law to be remitted to the Lake County Tax Collector, if applicable.
(H) A copy of the current City of Clermont and Lake County local business tax receipts.
(I) Interior building sketch by floor. A building sketch (may be hand -drawn) by floor
shall be provided, showing a floor layout and demonstrating compliance with the standards and
requirements set forth in this chapter. The sketch provided shall be drawn to scale, and shall show
and identify all bedrooms, other rooms, bathrooms, exits, hallways, stairways, smoke and carbon
monoxide detectors, fire extinguishers and exit signage/lighting.
(J) Exterior site sketch. A sketch showing and identifying all structures, pools, spas, hot
tubs, fencing and other uses, including the number and the location of all on -site parking spaces for
the vacation rental.
(K) Acknowledgment that each guest room shall be equipped with an approved, listed,
single -station smoke detector meeting the minimum requirements of the NFPA.
(L) A section indicating whether the vacation rental will have ten or fewer occupants or
more than ten occupants.
(M) Representation that the property is in compliance with ALL applicable codes. A
vacation rental permit shall not be issued on a property with open violations.
(N) Incomplete applications will not be accepted, but will be returned, with any fees
submitted to the property owner, with a notation of what items are missing.
(0) Vacation rental permit applications shall be sworn to under penalty of perjury. Any
false statements in an application shall be a basis for the revocation of any license issued pursuant to
that application.
(P) The owner shall comply with all applicable city, county, state and federal laws, rules,
regulations, ordinances and statues.
Section 122-361(3) MODIFICATION OF VACATION RENTAL PERMIT
(1) An application for modification of a vacation rental license shall be required in the
event that any of the following changes to the vacation rental are proposed:
(A) An increase in the gross square footage;
(B) An increase in the number of bedrooms;
(C) An increase in the maximum occupancy;
4
d~
CLER CITY OF CLERMONT
�dC ORDINANCE NO.2019-28
spaces;
(D) An increase in the number of parking spaces, or a change in the location of parking
(E) An increase in the number of bathrooms;
(F) Any other material modifications that would increase the intensity of use.
Section 122-362(4) DURATION OF VACATION RENTAL PERMIT
The vacation rental permit shall expire each September 30, and may be annually renewed
thereafter if the property is in compliance with this chapter.
Section 122-362(5) RENEWAL OF VACATION RENTAL PERMIT
A property owner may apply for a renewal beginning July 1 prior to the expiration of the
annual license. Initial applications and renewals received after July 1 of the fiscal year shall be valid
for the term expiring on September 30 of the following year. Each application for renewal received
after September 30 shall be assessed a late fee of $100.
Section 122-362(6) COMPLIANCE INSPECTIONS OF VACATION RENTALS
(A) Except as provided in divisions (1) and (2) below, inspection of a vacation rental shall
be required prior to issuance of a vacation rental license to verify compliance with the laws, rules and
regulations of all regulatory authorities having jurisdiction, and where such laws, rules and
regulations are applicable and are known to the Building Official. If instances of noncompliance with
the standards and requirements therein are found, all such instances of noncompliance shall be
corrected and the vacation rental shall be re -inspected prior to the issuance of an initial vacation
rental permit.
(B) An applicant shall sign a sworn statement, under penalty of perjury, that he or she
believes the subject property is in compliance with all city codes. Once an applicant signs such a
sworn statement, a vacation rental permit will be issued upon compliance with all requirements for
the issuance of a vacation rental permit other than the inspection and code compliance requirements.
The applicant will then have six months from the date of issuance of the vacation rental license to
comply with the inspection and code compliance requirements. If the applicant fails to comply with
the inspection and code compliance requirements within six months, the vacation rental license will
be automatically suspended, unless the applicant, prior to the expiration of the six-month period,
submits a written request for an extension of time. An extension of time may be based solely on a
claim that the failure to comply within six months was caused primarily by the city, and the written
request will detail circumstances that support such a claim. The City Manager, or his or her designee,
is authorized to grant or deny the request. Denial by the City Manager will result in the automatic
suspension of the vacation rental permit.
(C) Current licensees will have six (6) months from the date of issuance of a vacation
rental license to comply with the inspection and code compliance requirements. If the licensee fails
to comply with the inspection and code compliance requirements within six months, the vacation
rental license will be automatically suspended, unless the applicant, prior to the expiration of the six-
month period, submits a written request for an extension of time. An extension of time maybe based
solely on a claim that the failure to comply within six months was caused primarily by the city, and
the written request will detail circumstances that support such a claim. The City Manager, or his or
her designee, is authorized to grant or deny the request. Denial by the City Manager will result in the
5
d!✓�.
CLE NR CITY OF CLERMONT
mod« ORDINANCE NO.2019-28
automatic suspension of the vacation rental license.
(D) Once a vacation rental permit is issued for a vacation rental, such vacation rental shall
be properly maintained in accordance with the standards and requirements set forth in this chapter. In
the event a notice of violation is issued, all violations shall be corrected and re -inspected within
thirty (30) calendar days after the issuance of the notice of violation, with the exception of life safety
violations, which must be corrected within the earlier of three (3) city working days or the start of the
next rental period. Failure to correct such violations within the timeframes provided shall result in
the suspension of the vacation rental license until such time that the violations are corrected, re-
inspected, and found in compliance.
(E) In the event a vacation rental property is declared a repeat nuisance, the vacation
rental license shall be suspended pending the development by the property owner of a written action
plan outlining the specific measures that the owner will take to eliminate the reoccurrence of
nuisance activities at the property. The property owner shall provide the action plan to the city no
later than fifteen (15) days from the date of the declaration notice of repeat nuisance property. If the
city determines that the action plan is adequate to eliminate the reoccurrence of nuisance activities on
the properties, the city shall establish a reasonable time period, not exceeding forty-five (45) days
from the date the action plan is deemed adequate, to implement the action plan. If the property owner
implements the action plan within the time frame established by the city, the declaration of a repeat
nuisance will be closed and the vacation rental license restored. If the city determines that the action
plan is not adequate to eliminate the reoccurrence of nuisance activities on the property, the city may
require the property owner to revise the action plan. The property owner shall submit the revised
action plan to the city no later than ten (10) days from the date the action plan is determined to be
inadequate. The provision of an inadequate action plan on three (3) consecutive occasions shall result
in the revocation of the vacation rental license.
(F) The inspection shall consist of criteria established by the City Manager or his/her
designee. Such criteria shall be established for the primary purpose of protecting the health, safety
and welfare of vacation rental occupants.
Section 122-361(7) PERMIT NON -TRANSFERABLE, NON -ASSIGNABLE
Vacation rental licenses are non -transferable and non- assignable. If the ownership of any
vacation rental is sold or otherwise transferred, any outstanding vacation rental license as to that
vacation rental shall be null and void upon the sale or transfer.
Section 122-362(8) Vacation Rental Representative
(1) DUTIES OF THE VACATION RENTAL REPRESENTATIVE.
Every vacation rental representative shall:
(A) Be available by landline or mobile telephone answered by the vacation rental
representative at the listed phone number, 24-hours a day, seven (7) days a week, to handle any
problems arising from the vacation rental; and
(B) Be willing and able to be physically present at the vacation rental within sixty (60)
minutes following notification from a vacation rental occupant, law enforcement officer, emergency
personnel, or the city for issues related to the vacation rental, and shall actually be physically present
at that location in that time frame when requested; and
on
d
CLER NT CITY OF CLERMONT
ORDINANCE NO.2019-28
(C) Conduct an on -site inspection of the vacation rental at the end of each rental period to
assure continued compliance with the requirements of this chapter.
(D) Maintain for three (3) years a log of all guests of the vacation rental to be available for
inspection upon request.
(E) Conduct on -site inspections of the Vacation Rental at the end of each rental period to
ensure continued compliance with the requirements of this chapter.
Section 122-363(9) STANDARDS AND REQUIREMENTS FOR VACATION RENTALS
(1) GENERAL
The standards and requirements set forth in this subchapter shall apply to the rental, use, and
occupancy of vacation rentals in the city. All Dwelling Units shall meet the minimum requirements
of the International Property Maintenance Code, City Code Section 14-9.
(2) LOCAL PHONE SERVICE REQUIRED
At least one landline telephone with the ability to call 911 shall be available in the main level
common area in the vacation rental.
(3) PARKING STANDARDS
Occupants and visitors to the vacation rental shall comply with all relevant parking codes as
found in the Clermont Code of Ordinances. All vehicles associated with the Vacation Rental must
be parked within the subject property, and may not block or obstruct any public sidewalk or
pedestrian walkway.
(4) SOLID WASTE HANDLING AND CONTAINMENT
Requirements for garbage storage and collection shall be as follows:
(A) Trash storage containers shall be provided and shall be screened with a six-foot fence
or landscaping, with an opening for container removal.
(B) The vacation rental shall contract with the waste management provider for side -door
pick-up service.
(C) Properties with alley garbage collection are exempt from divisions (A) and (B).
(D) Notice of the location of the trash storage containers and rules for collection shall be
posted inside the vacation rental.
(E) No solid waste container shall be located at the curb for pickup before 6:00 p.m. of
the day prior to pick up, and sold waste containers shall be removed before midnight of the day of
pick up.
7
�9
CLE M. CITY OF CLERMONT
CO. .dr ORDINANCE NO.2019-28
(5) MAXIMUM OCCUPANCY
(a) The maximum number of occupants authorized to stay overnight at any Vacation
Rental shall not exceed two (2) persons per sleeping room. The number of sleeping rooms shall be
confirmed during on site life safety inspection by the City of Clermont. Up to four (4) persons, under
13 years of age are exempt from and shall not count toward the occupancy limits set forth in this
section.
(b) The maximum number of persons allowed to gather at or occupy a Vacation Rental
shall not exceed one and one half (%2) times the maximum occupants authorized to stay overnight at
the site, as shown on the Certificate of Compliance, and in no event shall a gathering exceed 20
persons.
(6) POSTING OF VACATION RENTAL INFORMATION
(1) In each vacation rental, located on the back or next to the main entrance door, there
shall be posted as a single page the following information:
(a) Vacation Rental Certificate of Compliance Permit from the City of Clermont
(b) The name, address and phone number of the vacation rental representative;
(c) The maximum occupancy of the vacation rental; maximum of four (4)
occupants per bedroom;
(d) A statement advising the occupant that any sound that crosses a property line
at an unreasonably loud volume is unlawful within the city; as per the City Noise Ordinance, Chapter
34 of the Clermont Code of Ordinances;
(e) The days and times of trash pickup;
(f) The location of the nearest hospital;
(g) The local non -emergency police phone number; and
(h) A copy of the building evacuation map, with a minimum size of 8'/2" by 11
shall be provided to the renter upon the start of each vacation rental.
(i) In each vacation rental, located in the backyard and/or pool area, there shall be
posted notice that unreasonably loud noise is prohibited.
(7) MINIMUM LIFE SAFETY REQUIREMENTS.
(A) Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall
comply with the then current standards of the Residential Swimming Pool Safety Act, F. S. Ch. 515.
(B) Smoke and carbon monoxide (CO) detection and notification system. A smoke and
carbon monoxide (CO) detection and notification system within the vacation rental unit shall be
interconnected and hard -wired and shall receive primary power from the building wiring.
(C) Fire extinguisher. A portable, multipurpose dry chemical 2A:1 OB:C fire extinguisher
shall be installed, inspected and maintained in accordance with the then current NFPA 10 on each
floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or
in an enclosed space with appropriate markings visibly showing the location.
CLER nR CITY OF CLERMONT
avdwach� ORDINANCE NO. 2019-28
(D) Compliance with Florida Administrative Code Rule 69A-43.018, "One and Two
Family Dwellings, Recreational Vehicles and Mobile Homes Licensed as Public Lodging
Establishment."
(8) ADVERTISING
(a) The vacation rental shall not be advertised for any commercial or non-residential use,
including use of the property primarily as a party, event or entertainment venue or social hall. Any
advertising of the vacation rental unit by the owner, representative or any service shall conform to
information included in the vacation rental application and shall include at a minimum, identification
of the maximum occupancy permitted on the property. The owner or representative shall ensure that
the name and contact information for any listing services on or through which the vacation rental is
to be offered for rent, which was provided in the application, is updated with the city to reflect any
changes to ensure that the city has a current list of all sites on which the vacation rental is listed for
rent. Advertisements for the vacation rental must display the Florida Department of Business and
Professional Regulation Transient Lodging license number and the City of Clermont Vacation Rental
Permit number.
(9) COMMERCIAL USE OF PROPERTY PROHIBITED
The vacation rental shall not be used for any commercial or non-residential use, including use
of the property primarily as a party, event or entertainment venue or social hall.
Section 122-364 ADMINISTRATION, PENALTIES AND ENFORCEMENT
(1) ADMINISTRATION OF VACATION RENTAL PERMIT PROGRAM
(a) The ultimate responsibility for the administration of this chapter is vested in the City
Manager, or his or her authorized designee, who is responsible for granting, denying, revoking,
renewing, suspending and canceling vacation rental licenses for proposed and existing vacation
rentals as set forth in this chapter.
(2) APPEALS
(a) Any decision of the City Manager, or his or her authorized designee, relating to the
granting, denial, renewal, modification, suspension, or revocation of a vacation rental permit under
this chapter shall be rendered in writing, and reviewed by the City Commission if a notice by the
applicant is filed with the City Clerk within ten (10) days after the action to be reviewed. The City
Clerk shall place the matter on the agenda of an upcoming meeting of the City Commission, at which
time the matter will be reviewed. The decision of the City Commission shall be final, but may be
reviewed as permitted under state law.
(3) NOTICE
Any notice required under this chapter shall be accomplished by sending a written
notification by U.S. Mail, (certified) postage paid, to the mailing address of the vacation rental
representative set forth on documents filed with the city under this chapter, which shall be considered
for all purposes as the correct address for service, or by personal service or delivery to the vacation
rental representative.
."6
c E Nt CITY OF CLERMONT
�ORDINANCE NO.2019-28
(4) PENALTIES AND ENFORCEMENT
(A) By citation. Any violation of this chapter may be punished by citation, as specifically
described in the Land Development Codes and Clermont Code of Ordinances, including but not
limited to, the requirements of a reasonable warning prior to issuance of a citation; provided,
however, the violation shall be subject to a fine in the amount of $250, for the first offense, $500 for
the second and subsequent offenses, plus a suspension of the vacation rental permit, as provided
hereinafter, for the third offense, (via special magistrate).
(B) Other enforcement methods and penalties. Notwithstanding anything otherwise
provided herein, violations of this chapter shall also be subject to all the enforcement methods and
penalties that may be imposed for the violation of ordinances of the city as provided in the Clermont
Code of Ordinances. Nothing contained herein shall prevent the city from seeking all other available
remedies that may include, but not be limited to, injunctive relief, abatement of public nuisance,
liens, fines, imprisonment, and other penalties as provided by law.
(C) Suspension ofpermit. In addition to any fines and any other remedies described herein
or provided for by law, the City Manager shall suspend a vacation rental license upon a third
violation of this chapter in any continuous 12-month period. The suspension of a vacation rental
permit shall be for a period of one (1) year, and shall begin following notice, commencing at the end
of either the current vacation rental lease period, or after thirty (30) calendar days, whichever is less.
A dwelling unit may not be used as a vacation rental during any period of suspension of a vacation
rental license. The suspension shall begin immediately following notice, commencing at the end of
the then current vacation rental lease period.
(D) Revocation ofpermit.
(a) The City Manager may refuse to issue or renew a license or may revoke a vacation
rental license issued under this chapter, if the property owner has willfully withheld or falsified any
information required for a vacation rental license.
(b) The City Manager shall revoke a vacation rental license issued under this chapter
upon the fifth (5th) adjudication of either a noise violation where the noise emanated from the
vacation rental; or receipt of a parking violation where the parking violation occurred on the vacation
rental property, or any combination thereof, within any continuous twelve (12)-month period.
(c) The property owner shall not be entitled to any refund of the annual fee paid for a
permit for any portion of the unexpired term of a license because of revocation or suspension of the
vacation rental license.
(d) For all purposes under this chapter, service of notice on the vacation rental
representative shall be deemed service of notice on the property owner and occupant.
(e) No occupant shall occupy a vacation rental, and no advertisement for the vacation
rental shall occur during any period of suspension or revocation of a vacation rental's vacation rental
license.
10
CITY OF CLERMONT
ORDINANCE NO.2019-28
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this g2 day of 0r1 L4 C$I bZ D.
CITY OF CLERMONT
Tracy Ackroyd Howe, City Clerk
irm and
City Attorney