City of North Miami Beach, Florida
Code Compliance D
ivision
17050 NE 19
th
Avenue
l
North Miami Beach, Florida 33162
l
(305) 948-29
64
l
Fax (305) 957-3517
l www.citynmb.com
Sec. 24-90.1 - Short-Term Rentals in Residential Zoning Districts.
(A)
 
It
shall
be
unlawful
for
single-family
dwelling
units,
town
houses
but
excluding
mobile
homes
in
the
MH-1
Zoning
District,
to
be
rented
or
leased
to
another
person(s)
or
entity
more
than
three
(3)
times
in
a
twelve
(12)
month
period
for
a
period
of
three
(3)
months
or
less.
The
lease
or
rental
of
a
single-family
residential
dwelling,
including
town
houses,
more
than
three
(3)
times
within
a
twelve
(12)
month
period
shall
create
a
rebuttable presumption of a violation of this section.
(B)
 This
section
shall
not
apply
to
duly
licensed
group
homes
listed
in
the
zoning
district
regulations as either permitted or conditional uses.
(C)
 
A
limited
number
of
properties
were
granted
legal-nonconforming
status
for
the
operation
of
short-term
rentals
in
single-family
zoning
districts
with
the
adoption
of
Ordinance
2009-25.
These
properties
have
obtained
Business
Tax
Receipts
as
per
Ordinance 2009-25. For these specific properties:
(1)
 The
Business
Tax
Receipt
shall
specifically
state
that
it
is
issued
to
allow
rentals
of
less
than
three
(3)
months
duration,
only
so
long
as:
1)
the
property
is
not
rented
for
a
duration
of
less
than
seven
(7)
days;
and
2)
the
ownership
of
the
property
or
the
business
renting
the
property
does
not
change.
Upon
change
of
ownership
of
either
the
property
or
the
business,
or
demolition
or
substantial
renovation
of
the
property,
the
Business
Tax
Receipt
shall
extinguish.
Upon
the
lease
of
the
property
for
less
than
seven
(7)
days
duration,
the
Business
Tax
Receipt
allowing
rentals
for
periods
of
less
than
three
(3)
months
shall
be
subject
to
revocation
upon
a
finding
of
violation
by
the
Special Magistrate.
(2)
 
No
Business
Tax
Receipt
shall
be
issued
until
the
owner/applicant
shows
proof
of
compliance
with
Chapter
12
of
the
City's
Code,
and
provides
sufficient
proof
that
the
short-term rentals were established prior to the effective date of this section.
(D)  
The following mandatory conditions shall apply to all rentals under Section 24-90.1:
(1)
 
Registration.
In
order
for
a
property
owner
with
the
City
of
North
Miami
Beach
to
allow
another
person
to
occupy
any
residential
property
for
a
period
of
less
than
three
(3)
months,
or
offer
such
rental
services
within
the
City
of
North
Miami
Beach,
the
property
owner
must
apply
for
registration
for
the
subject
residential
property,
and
the
property
has
been
issued
a
certificate
of
registration
in
accordance
with
the
provisions of this article.
(2)
 
Time
period.
All
short-term
rentals
must
be
pursuant
to
a
binding
written
agreement,
license
or
lease.
Each
such
document
shall
contain,
at
a
minimum:
the
beginning
and
ending dates of the lease term; and each lessee's contact information, as applicable.
(3)
 
Contact
person.
All
rentals
must
be
supervised
by
the
owner,
manager,
or
a
local
and
licensed
real
estate
broker
or
agent
or
other
authorized
agent
licensed
by
the
City,
who
must
be
available
for
contact
on
a
twenty-four
(24)
hour
basis,
seven
(7)
days
a
City of North Miami Beach, Florida
Code Compliance D
ivision
17050 NE 19
th
Avenue
l
North Miami Beach, Florida 33162
l
(305) 948-29
64
l
Fax (305) 957-3517
l www.citynmb.com
week.
Each
agreement,
license,
or
lease,
or
scanned
copy
thereof,
must
be
kept
available
throughout
its
lease
term
and
for
a
period
of
one
(1)
year
thereafter,
so
that
each
such
document
and
the
information
therein,
is
available
to
enforcement
personnel at all times
.
(4)
 
Entire
residence.
Only
entire
single-family
residences
and
townhomes
legally
created
pursuant
to
applicable
law,
may
be
rented
under
this
section,
not
individual
rooms
or
separate
portions
of
single-family
residences
or
townhomes.
Where
the
property
owner
resides
on
the
premises,
the
unoccupied
portion
may
be
leased
or
rented
as
a
tenancy pursuant to one lease.
(5)
 
Rules
and
procedures.
The
City
Manager
or
designee
shall
adopt
administrative
rules
and
procedures,
including,
but
not
limited
to,
application
and
permit
fees,
and
notification to the City of rentals, to assist in the uniform enforcement of this section.
(E)
 
Any
advertising
or
advertisement
that
promotes
the
occupancy
of
a
residence
in
violation
of
this
section,
or
use
of
the
residential
premises
in
violation
of
this
section,
shall
be
prohibited.
Advertising
or
advertisement
shall mean any form of communication or marketing used to
encourage, persuade, or manipulate viewers, readers or listeners for the purpose of promoting
occupancy or use of a residential property for the purposes of holding commercial parties,
events, assemblies, gatherings, or the occupancy of a residence in violation of this section, as
provided herein, as may be viewed through various media, including but not limited to,
newspaper, magazines, flyers, handbills, television commercials, radio advertisement, outdoor
advertising, direct mail, blogs, websites or text messages.
(1)
 Presumption.
The
advertising
or
advertisement
for
the
short-term
rental
of
a
single-
family
home
or
town
home
property
for
the
purpose
of
allowing
a
rental
in
violation
of
this
section
shall
create
a
rebuttable
presumption
against
the
owner
that
it
is
more
likely
than
not
that
the
property
is
being
used
in
violation
of
Section
24-90.1.
Pursuant
to
the
procedures
provided
for
in
Sections
14-8.13
—
14-8.19,
a
rebuttable
presumption
against
the
owner
that
the
residential
property
named
in
the
notice
of
violation
or
as
identified
in
the
advertising
or
advertisement
is
a
violation
of
this
section
shall
be
applied.
(2)
 
Any
individual
or
entity
cited
for
a
violation
of
Section
24-90.1
may
submit
an
affidavit,
under
penalty
of
perjury,
in
a
form
acceptable
to
the
City
Attorney,
regarding
the
advertisement
of
the
single-family
home
or
town
home
property,
explaining
that
notwithstanding
the
advertisement
the
property
was
not
used
as
an
illegal
short-term
rental.
Such
affidavit
shall
void
the
rebuttable
presumption
against
the
owner
that
it
is
more likely than not that the property was used in violation of Section 24-90.1.
(F)
 Violations
of
Section
24-90.1,
excluding
provisions
under
Section
24-90.1(C)(1),
shall
be
subject to the following penalties.
(1)  
Five hundred ($500.00) dollars per violation for the first violation;
City of North Miami Beach, Florida
Code Compliance D
ivision
17050 NE 19
th
Avenue
l
North Miami Beach, Florida 33162
l
(305) 948-29
64
l
Fax (305) 957-3517
l www.citynmb.com
(2)
 One
thousand
($1,000.00)
dollars
per
violation
for
a
repeat
violation
within
the
preceding twelve (12) months;
(3)
 
A
violation
occurring
after
one
(1)
calendar
year
of
a
prior
violation
will
revert
to
the
five hundred ($500.00) dollar penalty.
(4)
 
A
violation
of
Section
24-90.1
in
conjunction
with
any
other
Code
violation,
the
following enhanced penalties shall apply:
a.  
One thousand ($1,000.00) dollars per violation for the first violation;
b.
 
Five
thousand
($5,000.00)
dollars
per
violation
for
a
repeat
violation
within
the
preceding
twelve
(12)
months,
and
automatic
suspension
for
one
(1)
year
of
the
business tax receipt or the short-term rental certificate of registration.
(5)
 In
addition
to
such
fines,
the
Special
Magistrate
may
impose
additional
fines
to
cover
all costs incurred by the City.
(6)
 The
short-term
rental
or
occupancy
shall
be
immediately
terminated
by
the
North
Miami
Beach
Police
Department
or
Building
Official
upon
confirmation
that
a
violation
of Section 24-90.1 is deemed to pose an imminent life/safety hazard to the public.
(7)
 In
addition,
or
in
lieu
of
the
foregoing,
the
City
may
seek
an
injunction
by
a
court
of
competent
jurisdiction
to
enforce
compliance
with
or
to
prohibit
the
violation
of
Section
24-90.1,
as
to
each
lease.
If
the
City
seeks
an
injunction
to
enforce
compliance
with
or
to
prohibit
a
violation
of
Section
24-90.1,
the
City
shall
be
entitled
to
recover
reasonable attorney's fees and costs expended in seeking injunctive relief.
(8)
 
A
certified
copy
of
an
order
imposing
the
civil
fines
and
penalties
must
be
recorded
in
the
public
records,
and
thereafter
shall
constitute
a
lien
upon
the
subject
property
and
upon
any
other
real
or
personal
property
owned
by
the
violator
and
it
may
be
enforced
in
the
same
manner
as
a
court
judgment
by
the
sheriffs
of
this
state,
including
levy
against
the
personal
property,
but
shall
not
be
deemed
to
be
a
court
judgement
except
for
enforcement
purposes.
The
City
may
foreclose
or
otherwise
execute upon the lien.
(9)
 The
Code
Compliance
Division
shall
deliver
a
letter
to
the
Miami-Dade
Property
Appraiser
and
the
Miami-Dade
Tax
Collector,
with
a
copy
of
the
order
adjudicating
the
violation.
The
letter
shall
notify
these
governmental
agencies
that
the
single-family
residential
property
was
used
for
transient
rental
or
occupancy
at
the
single-family
residential premises.
(Ord. No. 2009-25 § 2, 11/17/09; Ord. No. 2017-14, § 2, 1-16-18)