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Ordinance No. 2024-001-470
ORDINANCE NO. 2024-001-470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CHAPTER 6, ARTICLE IV OF THE
CODE OF ORDINANCES RELATING TO RENTAL
PROPERTIES, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT “A”; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida law permits municipal ordinances concerning vacation rentals
so long as such ordinance does not prohibit vacation rentals within the boundary of the
municipality or does not regulate the duration or frequency of rental of vacation rentals,
and
WHEREAS, the Florida Legislature authorized local governments to enact
ordinances that addressed problems related to vacation rentals including parking, noise,
trash, and life-safety issues, and
WHEREAS, currently, there are vacation rentals operating throughout the City on
platforms such as Airbnb and VRBO without City oversight and a registration process
would allow the City to be proactive with any potential public safety issues, inform
landlords of the local rules pertaining to noise, trash, parking, and other local rules, and
WHEREAS, City Staff recommends that the City Council amend Chapter 6, Article
IV of the City of Miami Gardens Code of Ordinances relating to “Rental Properties”, as
provided in Exhibit “A”, and
WHEREAS, amending this provision of the Code of Ordinances will create a
registration process for vacation rental properties and allow the City to mitigate problems
and supervise the operation of vacation rentals within the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by revising Chapter 6, Article IV of the City of Miami Gardens
Code of Ordinances Relating to “Rental Properties,” a copy of which is attached hereto
as Exhibit “A”.
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Ordinance No. 2024-001-470
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
PASSED ON FIRST READING ON 10TH DAY OF JANUARY, 2024
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 24, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
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Ordinance No. 2024-001-470
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Yes
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Ordinance No. 2024-001-470
Exhibit A
ARTICLE IV. RENTAL PROPERTIES
DIVISION 1. GENERALLY
Sec. 6-125. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Certificate of occupancy means a document issued by the building official certifying that he/she reasonably
believes a building, or part thereof, and its occupancy to be in compliance with the minimum standards of safety,
as set forth in the Florida Building Code, prior to the building's occupancy and after its inspection and that said
building is in conformity with all other applicable laws and regulations.
Chronic nuisance means an instance where there have been three or more unrelated disturbance calls made
at a particular dwelling or dwelling unit within a six-month period.
Disturbance call means disturbance call shall mean any police call, the result of which negatively affect the
quality of life of neighboring residents including, but not limited to, drugs, prostitution, assault and battery and
that requires the city to respond to a dwelling or dwelling unit.
Dwelling means any building, including, to the extent not inconsistent with state or federal law, a
manufactured home or mobile home, which is wholly or partly used or intended to be used for living, sleeping,
cooking and eating, provided that temporary housing shall not be regarded as a dwelling. The term "dwelling" shall
be used interchangeably with the term "dwelling unit," as defined in this section.
Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable
unit with facilities used or intended to be used for living, sleeping, cooking and eating. The term "dwelling unit"
shall be used interchangeably with the term "dwelling," as defined in this section.
Property owner means the person who, or entity that, owns the property being used or occupied by a tenant
or transient occupant.
Responsible Party means the property owner, or the person or entity designated and authorized by the
property owner to be called upon to manage the day-to-day operations of the rental and oversee the conduct and
acts of the occupants of the property. The property owner may serve as the Responsible Party.
Service calls. The deployment of city service personnel including, but not limited to: fire, police, or other
emergency personnel.
Transient Occupant means any person, or guest or invitee of such person, who rents or occupies any dwelling
unit or residence or part thereof for 30 days or one calendar month, whichever is less; and is in actual or apparent
control or possession of residential property deemed a Vacation Rental pursuant to this article.
Vacation rentals, as defined in Florida Statute 509.242, as amended, means 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, as defined in Florida Statute
509.013, but that is not a timeshare project.
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Ordinance No. 2024-001-470
(Ord. No. 2005-14-52, § 3, 3-9-2005; Ord. No. 2009-24-196, § 2(3), 9-21-2009)
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Secs. 6-163—6-170. Reserved.
DIVISION 3. VACATION RENTAL REGISTRATION
Sec. 6-171. Registration required.
All vacation rentals within the City of Miami Gardens must be registered in accordance with the provisions of this
Section. Registration with the City of Miami Gardens does not exempt the vacation rental from obtaining a valid
Public Lodging Establishment license from the Florida Department of Business and Professional Regulations (DBPR)
and certification or approvals from outside agencies as applicable. The registration shall be posted in the interior of
the vacation rental near the main entrance.
Sec. 6-172. Fees.
(a) An annual fee, which amount shall be set by separate Resolution, will be charged to administer this division.
Registration fees are non-refundable.
(b) The Business Licensing division shall collect all fees due and owing to the city.
(c) Inspections of the applicant's premise shall be scheduled at the convenience of the enforcement
officer/inspector and Responsible Party. If the Responsible Party fails to be present at the time of the
scheduled inspection or if the enforcement officer/inspector is denied and/or unable to gain access to the
dwelling or dwelling unit to conduct the requisite inspection, the Responsible Party may be subject to being
charged a re-inspection fee, per re-inspection, at the discretion of the city.
Sec. 6-173. Application procedures.
An application for registration must be filed and all applicable registration fees must be paid. A separate application
shall be required for the registration of each vacation rental. It shall be unlawful for any person to give any false or
misleading information in connection with any application for registration, modification, or renewal as required by
this Section.
(a) To register a vacation rental, a Responsible Party shall file an application with the City Business Licensing
Division on forms provided for that purpose, disclosing the following additional information as outlined below.
Submission of an incomplete application form shall result in rejection of the application.
(1) Full address and folio number of the rental property being registered
(2) The name, mailing address, e-mail and phone number of the Property Owner for the rental along
with proof of ownership.
(3) An Emergency Contact Number which shall be a twenty-four (24) hour, seven (7) days a week
contact number
(4) An Ownership Affidavit authorization if the application is being submitted on behalf of the
Property Owner by his or her authorized representative
(5) A fully dimensioned floorplan layout showing the number of bedrooms
(6) A maximum occupancy certificate and fire inspection report from Miami-Dade County fire
(7) Property survey showing the current site conditions and all structures on the property to include
identification of the parking spaces available
(8) Notarized Affidavit of Compliance from the homeowner's association, condominium, cooperative
association or board, if any, certifying the use of the subject property as an vacation rental does
not violate any policies, rules, and regulations of such association or board
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Ordinance No. 2024-001-470
(9) Proof of registration with the Florida Department of Revenue for remittance of taxes as applicable
which may include but not be limited to sales tax, transient rental tax, tourist development tax
(10) Proof of licensure with the Florida Department of Business and Professional Regulation for a
transient public lodging establishment as applicable.
(11) Proof of certificate of insurance evidencing: (1) homeowners fire, hazard and liability insurance;
and (2) general commercial liability insurance with limits of not less than $1,000,000.00 per
occurrence, combined single limit, for bodily injury, personal injury and property damage arising
in any way from activities conducted pursuant to the Vacation Rental. The insurance shall be
maintained as required for the duration of the registration period.
(12) Notarized Statement as to whether the entire property, or just a part thereof (i.e., a room or
rooms), will be used as an vacation rental
(13) Notarized Statement acknowledging and agreeing to initial and ongoing compliance with the City’s
vacation rental requirements and standards contained herein and all other applicable city, county,
state, and federal laws, rules, regulations, ordinances, statutes and standards pertaining to
vacation rentals
(b) An approved registration shall not be issued for more than 12 months. All registrations shall expire on
September thirtieth (30th) of each year and must be renewed annually on or before the thirtieth (30th) day of
September. An approved registration shall not be issued unless:
(1) There has been a site inspection of the vacation rental by the City and the City has verified
compliance with the City Code of Ordinances
(2) The property has no Code Enforcement violations including any signage inconsistent with the City
Sign Code as outlined in Article XVII.
(3) A valid Certificate of Occupancy (CO) has been issued as a dwelling unit. The City shall honor any
CO issued by the county provided that the occupancy for which the certificate was issued
remains the same.
Sec. 6-174. Transfer; modification of registration.
Registration is non-transferrable and shall not be assigned to or used by any person other than the one to whom it
is issued and the specific location to which it was issued. Whenever there is a change of ownership, a new application
for registration shall be required. In such instances, the new Property Owner is required to apply for and obtain an
approved registration within 90 calendar days of the transfer of ownership.
(a) A modification of a vacation rental registration shall be required within 90 calendar days of the date of issuance
of permits for the following changes or alterations:
(1) A change in the gross square footage
(2) A change in the number of bedrooms
(3) A change in the maximum occupancy
(4) A change in the number of parking spaces, or a change in the location of parking spaces
(5) A change in the number of bathrooms.
(6) Any other material modifications that would increase the intensity of use or any other material
information that would modify the information provided in the original application.
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Ordinance No. 2024-001-470
Sec. 6-175. Duties of responsible party.
(a) Ensure all vehicles associated with the vacation rental are parked within a driveway on the subject property.
Parking on the swale, across the sidewalk, or on adjacent lots whether vacant or improved, shall be strictly
prohibited
(b) Ensure any noise or sound does not exceed the limits set forth in the City Noise Ordinance as outlined in Section
16-25 of the City Code of Ordinances
(c) Ensure all solid waste containers are placed at the curb for pickup before 7:00 a.m. on the day of pick up and
are removed no later than 7:00 p.m. on the day of pickup. Maintain the entire property otherwise free from
garbage, junk, trash and litter
(d) Shall not knowingly permit any criminal activity or public nuisance to take place in or about the vacation
rental to include but not be limited to unlawful sale or delivery of controlled substances, prostitution, youth
and street gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious
behavior that adversely affects the public health, safety, morals, and welfare. If a Responsible Party knows, is
informed of, or suspects that any criminal activity or public nuisance is taking place in the vacation rental, the
Responsible Party shall immediately notify and cooperate with the City of Miami Gardens Police Department.
(e) Be situated close enough to the property as to be able to respond in person within one (1) hour of being
notified by a vacation rental occupant, law enforcement officer, emergency personnel, or the City, of issues
related to the vacation rental
(f) Be available with authority to address and coordinate solutions to problems with the rental of the property
twenty-four (24) hours a day, seven (7) days a week
(g) Keep a register of all guests, including the guest's name; home address; dates of accommodation; and license
plate numbers of all vehicles authorized to remain at the vacation rental overnight.
(h) Ensure continued compliance with the requirements of this Section and conduct frequent on-site inspections
of the vacation rental to maintain the property in compliance with the City Code of Ordinances
(i) Promptly address any service calls or violations brought to the attention of the responsible party
Sec. 6-176. Minimum operational standards.
(a) The vacation rental lessee should be provided with a summary of the information outlined below to be
posted conspicuously within the vacation rental:
(1) The name and phone number of the local contact person posted in a conspicuous place near the
entrance of the vacation rental.
(2) The location of the nearest hospital
(3) The City's non-emergency police phone number
(4) Dates and times of trash pick-up
(5) The maximum occupancy of the vacation rental
(b) Swimming pools, spas or hot tubs onsite should comply with the current standards of the Residential
Swimming Pool Safety Act.
(c) Provide an interconnected, hard-wired smoke and carbon monoxide (CO) detection and notification
system that receives primary power from the building wiring. The smoke and carbon monoxide (CO)
detection and notification system should be installed in compliance with the Florida Building Code –
Residential and/or the Florida Fire Prevention Code.
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Ordinance No. 2024-001-470
(d) A portable, multi-purpose fire extinguisher should be installed, inspected and maintained on each floor or
level of the vacation rental. The fire extinguisher should be installed on the wall in an open common area
or space with appropriate markings visibly showing the location.
(e) At least one (1) landline telephone with the ability to call 911 should be made available in the main level
common area of the vacation rental with the vacation rental address posted predominantly next to the
landline telephone.
(f) Hardwired emergency lighting should be installed at the primary entrance and exit of the vacation rental
(g) A legible evacuation map or diagram identifying all means of exiting the vacation rental located in a
conspicuous place near the inside front entrance door of each bedroom within the vacation rental.
(h) If pets (dogs) are permitted on property, such pets must be secured within the property lines at all times
or tethered; tethered pets may not be left outdoors without supervision and must be within visible range.
A leash must be used when off-property. Failure to pick-up after such pets or continuous barking may be
deemed a nuisance.
Sec. 6-177. Accessory dwelling unit.
A property owner, or responsible party as defined in this Article, is prohibited from the use of an accessory
dwelling unit as a vacation rental, as defined in Sec. 6-125 of this Article. An accessory dwelling unit shall mean a
structure that is incidental and subordinate to the principal structure.
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