Residents living next door to short term rental properties may find some relief to their troubles – eventually. The rental housing advisory committee completed a draft ordinance that will require short-term rental homes to be registered with the city of Marco Island.

Marco officials will also hold property owners responsible if they do not quickly respond to nuisance violations caused by their tenants.

The draft ordinance is expected to be reviewed by the Marco Island City Council this summer and then go to the city’s planning board before once again returning to council.

“I just wanted to ensure the council would want this and wouldn’t just toss it out before anyone spent anymore time on it,” said the non-voting committee chair Charles Kiester.

If council votes to adopt a short-term rental housing ordinance similar to the one proposed by the rental housing advisory committee, a draft will then go on to the planning division for further adjustments before a final review by the city attorney and council.

Although this draft is far from final, the committee proposed the following: First, short term rental property owners must pay an annual fee to register with the city and provide a copy of their Florida Resort Dwelling License. This state license is required for all properties rented for less than 30 days and at least three times in a calendar year. The state license also requires a fire inspection.

The city defined a short-term rental property as any single family detached dwelling which rents for periods less than six months. A dwelling under this new ordinance my not be rented more than one time within any seven day period.

Failure to register a short-term rental property will constitute the property being labeled a “chronic nuisance” and will come with a $1,000 to $5,000 fine. The committee decided to charge for registration after some debate.

“I suggest we don’t charge for the initial registration. It will allow us some time to consider what this will cost the city and encourage folks to come forward and register,” Kiester said.

Other committee members disagreed. “I don’t think that makes sense at all,” Dameron responded. “Even a nominal fee by 1,000 rentals will help offset the costs the city will incur. Remember, (rentals) are still getting $1,000; $2,000; $3,000 each week,” he continued.

Joe Oliverio agreed with Dameron. “If they want to be in the rental business they can pay their fees just like I pay my fees to be in the restaurant business,” Oliverio said.

The suggested ordinance also includes requirements for rental agreements, interior display of the permit and interior display of a 24 hour contact number for a person responsible for the property. Occupancy limits must also be posted.

The rental agreement must include parking capacity, trash disposal regulations, and other information so tenants are informed of the ordinances.

Once registration is complete, police and code enforcement officers will be able to track the number of nuisance complaints a specific property or property owner has received – even if those complaints were regarding one of their tenants.

Tenants will receive violations when complaints are confirmed by the reporting code enforcement officer or police officer and property owners are to be informed as soon as possible. Owners or their designated representative must be available 24-hours per day every day and be within close proximity to the property. A property owner will receive a violation if their representative does not respond within two hours of a complaint. Fines will be given to the owner for every two complaints made within 24 months that have been responded to in an untimely manner or not at all. The fines as suggested by the committee will begin at $250 and go up to $1,000 for each additional violation within two years.

The fourth violation will go before the Marco Island Code Enforcement Board and may include suspension of the short term rental permit.

Any person failing to abate nuisance activities after designation as a chronic nuisance premises by the Code Enforcement Board shall be subject to a forfeiture of not less than $1,000 nor more than $5,000 for failure to abate the nuisance activity.

Nuisances will be defined similarly to the current nuisance ordinance which is relevant to all residents. Some of these nuisance violations were repeated in the short-term rental draft ordinance for clarity including those that committee members said were the most pertinent to these property types. These are parking on driveways, not lawns and not blocking sidewalks; trash receptacles outside only between 6 p.m. the day before trash day until 7 p.m. the day of trash day, and noise.

Short term rental properties will be allowed a less restrictive rule on occupancy.

Committee member Karen Salvi disagreed with the leniency. The current ordinance includes restricting most residences to only four non-related, non-family members per dwelling. The ordinance for short-term rental properties will allow two people per bedroom plus two more people.

“That’s what saved us from spring breakers. I would never go for that,” Salvi said.

Salvi eventually gave-in and approved the draft ordinance, which passed unanimously Wednesday night. The ordinance for short term rental properties will allow two people per bedroom plus two more people.

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