In an effort to curtail the short-term leasing of North Miami Beach
homes that often end up the site noisy weekend parties, the city passed
an ordinance Tuesday forbidding such rentals.
The new measure makes it illegal for the owner of a single family home
to rent the house for less than three months at a time. The new rule
also prohibits renting out the home more than three times a year.
Those who are currently licensed to do short-term rentals will be
grandfathered in, but others face stiff penalties of $250 per day.
City attorney Darcee Siegel said the issue is problematic for
residents, because homes are often rented to rowdy partygoers.
``It's a problem, and not only in this city -- in various cities,'' Siegel said at the meeting.
With a 5-2 vote, the council passed the ordinance, which will prohibit
short-term rentals and require those that were grandfathered in to
obtain yearly business tax receipts from the city. The only area
exempted is the mobile home area located east of Biscayne Boulevard
between 135th Street and 145th Street.
City officials urged
homeowners seeking to be grandfathered in to contact the city to obtain
the permits, which cost $60 per home each year. Those permits can be
denied if a home has code-enforcement violations, Siegel said.
Those homeowners who don't get permits and are later caught could face
fines of $250 per day and $500 per day for repeat offenses.
The
tighter restrictions come just a few months before the Super Bowl comes
to Land Shark Stadium -- a stone's throw from the city.
Councilwoman Phyllis Smith noted that many families hit hard by the
recession could make upwards of $10,000 for renting out their homes
during Super Bowl week.
Still, she voted in support of the
ordinance, saying it would give the city a weapon to use against those
who seek to turn Eastern Shores, a high-end neighborhood in North Miami
Beach, into a district of luxury vacation rentals.
Councilman Philippe Derose echoed her thoughts.
``Single family homes should be single family homes,'' he said.
Also supporting the ordinance is Guy Tenenbaum, a native of France who
moved to North Miami Beach in 2000 and owns a vacation rental business,
which will be grandfathered in.
``We're happy because if the law
did not pass, we'd continue the same way we did for years. We live in
the neighborhood, and we don't want Eastern Shores to become a big
party house,'' he said.
Tenenbaum hopes to sell most of his
eight North Miami Beach homes -- most of which he bought before the
housing market tanked. But the ordinance will still affect him because
he plans to keep living in the city, he said.
As of the
ordinance's passing, Tenenbaum is one of only two home-rental
businessmen who has come forward. The other is Eric Harari, who owns a
two-story five-bedroom Eastern Shores home he rents out to vacationers
attending Art Basel or other international events.
``For me, it will not change much,'' he said. ``I've paid my taxes since day one.''
Officials said they would rely solely on neighbors to report illegal
activity. ``Our code enforcement is not going to drive around to see
whose car is switching,'' Smith said.
Councilwoman Beth Spiegel,
who voted alongside Frantz Pierre against the ordinance, said the rule
wouldn't jibe with the nature of North Miami Beach's zoning code --
which doesn't expressly forbid short-term rentals.
``When you change your zoning code to prohibited uses, you turn your zoning code upside down.'' she said after the meeting.