Short term rental ordinance nearing agreement
It’s been nearly a year since Fort Myers Beach’s short term ordinance was put under review.
Town Council is nearing a vote on a new ordinance that will implement a short term rental registration program, but some are still concerned the original 2003 ordinance is in danger..
Members of the vacation rental community – some, property managers, and some, beach residents with additional rental properties – spoke in tandem at the Monday council meeting to oppose any alteration to the current short term rental regulations.
It was a repeat of many comments made in September, when the town held an informal public meeting to gather input on the draft ordinance.
The original draft ordinance was extensive, and would have made changes to the 2003 ordinance. Vice Mayor Tracey Gore said that draft has been “torn up.” Instead, what was discussed Monday was a different ordinance that would add a new section to Chapter 10 of the Code of Ordinances, which sums up the town’s codes on business.
“We’re not touching Chapter 34 of the Land Development Code,” Gore said.
Multiple speakers complained that the draft ordinance posted on the town’s website was changed four times from when it was advertised to the Monday meeting.
“The changes being considered are huge,” said Jessie Titus, a local Realtor, during comment. “It makes it seem obvious that the latest edition was rushed through. There seems to be a crazy sense of urgency, and that’s not the way to do it.”
Staff put two alternatives on the Monday agenda – one that would amend Chapter 34 of the LDC and another that would amend Chapter 10. Both chapters have to do with short term rentals. Chapter 34 is in the Land Development Code. Chapter 10 is in the town Code of Ordinances.
“There was some confusion on our part whether the council wanted to proceed under the land development code or under the business regulation part of the code,” said Roger Hernstadt, Town Manager.
He said the content of both options were the same language, just amended to be added to two different areas of the code.
The short term rental draft ordinance has gone through multiple revisions since it was originally brought to council in August.
What the council examined Monday was what Council Member Joanne Shamp called a “pared” down version.
The ordinance proposal this time around sets up a registry for the town of all short term rentals, except those already registered as the pre-existing weekly rentals protected in the original 2003 ordinance.
Once registered, rental owners would be given a unique number that they would be required to use in all advertising of the rental, so the town can track who is following the registration requirements. Registration would also include the contact information for the owner of a unit as well as 24/7 contact and emergency contact information for a “responsible party,” such as a property management company.
Registration would be annually renewed; however the fees for registration and renewal were not specified in the ordinance. Properties found in violation of this or other “associated” ordinances or the Code of Conduct would be penalized with a fee “ten times the rate for a new registration” for a period of one to three renewal periods, depending on the violation count.
The ordinance would also include a section in which a property owner would acknowledge they were properly registered with other required agencies, such as the Fort Myers Beach Fire District, Lee County Tax Collector and Florida Department of Revenue.
Unlike previous ordinance attempts, this amended language did not touch the issue of occupancy, and did not attempt to deny property registration for repeat violations.
“This removed occupancy limits,” Jack Turner, town attorney, said.
Occupancy limits are set by the Fort Myers Beach Fire District’s code.
After discussion, council members suggested adding a line that would say the property owner, or the agent responsible, would take “affirmative” action within 60 minutes of being called on an issue going on at the property. That action could include the agent calling the tenant and resolving the problem, or making a call to the Lee County Sheriff’s Office if the situation needed law enforcement.
Council also agreed to tweak the language of the ordinance from “private family home” to match state language that would include other kinds of rental units, such as condominium and apartment vacation rentals.
The addition, and moving the ordinance to second hearing, passed in a 4-to-1 vote.
If the ordinance passes at its final hearing in March, implementing the new registration and notification system will require a 24-hour contact at Town Hall and new software.
“I told council during budget season that we would need another employee,” Hernstadt said.
Council Member Anita Cereceda took exception to the presentation of two alternatives with one public hearing. It was only the first hearing of the ordinance, so council had to vote to move it to a second and final hearing at which it will be adopted or rejected.
She also said she was “uncomfortable” with the process this ordinance had gone through.
“I know too much backstory about this,” she said. “We got our current ordinance with lots of community work, I don’t think we did this here.”
Approximately 17 speakers stood at the podium to express their opinions on the ordinance.
A majority, even those who support a crackdown on short term rentals that affect quality of life on the beach, suggested the town shouldn’t change anything, just enforce the code “on the books.”
However, the 2003 ordinance is ambiguous on some enforcement procedures.
“The 2003 ordinance must be enforced and we must put teeth into that ordinance,” said Doris Grant. “We have pitted neighbor against neighbor. We don’t need to change, but just enforce what’s already been passed.”
Grant said there were residents suffering by living next to short term rentals, but they were afraid to speak up because their neighbor renting the property would “turn redneck on them. I mean nasty and mean.” Another resident, Ed Scott, said that in the past, the person who would call the town to file a complaint against a rental would get intimidated.
Amy Loughrey, co-owner of Distinctive Beach Rentals, said she wanted to see the proof in data that short term rentals are actually a problem. She said she pulled the 2017 Sheriff’s Office reports for issues with short term rentals, found six issues related to rentals with three of the complaints being for the same property. When she looked up that property with the code enforcement cases, there were no reports that a code violation had occurred.
“Why pass an ordinance when no one is calling in these issues?” she said. “The problems you are seeking to resolve will not be addressed.”
Rexann Hosafros, a former council member, said she was concerned about the legal battle the town could face by touching its current 2003 ordinance in any way. Short term rental issues are a problem for many other barrier islands and cities nation-wide. In the City of Anna Maria, the municipality attempted to regulate short term rentals and was sued for millions as property owners claimed their personal property rights were being infringed upon.
While Hosafros said she thought some regulation of rentals was necessary, she was concerned about “messing” with the 2003 ordinance. She had attended the public meeting in September, at which many speakers asked the town to “slow it down” with the new ordinance and take time to review the whole issue. She said despite every person but one recommending to slow down, “it didn’t happen.”
“This is a very unsettled area of the law, at the local, state and national level,” she said. “This is a topic the town of Fort Myers Beach cannot afford to tangle in at this time.”