One Key Biscayne resident wrote to the Village in March that Airbnb occupants were calling the police on him because he looked suspicious. “I do not like feeling uncomfortable in my own home during the holidays,” wrote the resident on Woodcrest Road.
An OceanSound Condominium resident wrote to the Village last Thursday, “Why are units being rented for the weekends?” Condo boards also have reached out to Village Hall to complain about “our short-term renter problem,” according to emails obtained by the Independent.
Now, to enforce an ordinance on the books since 2011, the Village will spend $20,000 a year on a subscription service that scrapes web advertising offering rental properties to identify owners who do not comply.
The 2011 ordinance prohibits short-term rentals of less than 15 days and also requires owners of the properties to register as businesses by obtaining a business tax receipt and adhering to safety measures.
“It’s not cheap, but it’s something we expect to partially make up in fees and potential penalties,” said Building, Planning & Zoning Director Jeremy Gauger.
The Village considered three subscription services before landing on GovOS.
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“One of our selection criteria was that we find software that would add minimal man-hours for our small staff of three while improving enforcement,” Gauger said. “This system will build a case file for us that is ready for presentation to the Special Magistrate if it makes it that far.”
Village Code Compliance Officers will begin to issue warnings on Sept. 16 to any properties that are not in compliance with the new enforcement measures. Properties that remain out of compliance will be subject to a Notice of Violation, which includes a daily $250 fine, starting Oct. 14.
Carlos Mendia, the association president at Ocean Village Condominium, said enforcement of the existing restriction will provide added safety, especially for children and the elderly.
“I’m glad they’re doing it, and, you know, I’ll support them on this one,” he said. “I wouldn’t want to have across my hall somebody come in every three or four days.”
It hasn’t been easy for municipalities to regulate short-term rentals.
Key Biscayne passed its ordinance weeks before the state Legislature ushered in a law prohibiting local governments from regulating vacation rentals. Yet, the Florida League of Cities was able to get lawmakers to add a grandfather clause that allowed existing ordinances – like the one in Key Biscayne – to survive.
Gov. Ron DeSantis on June 27 vetoed a measure aimed at regulating vacation rentals, saying the proposal would create “bureaucratic red tape” for local officials.
For Key Biscayne, its grandfathered ordinance remained pretty much toothless for 13 years.
“How do we prove that somebody was there, only there for three days without stalking them?” Gauger asked. “You’re trying to prove a negative, effectively.”
The Village has modest goals initially with the new software before ramping up enforcement, he said.
“Mostly, we just want people to be safe and register the business. And whenever these are in, for instance, a multi-family building, they’ve got to meet certain fire safety requirements that are that we need to enforce,” Gauger said.
A search on Airbnb.com found about a dozen apartments and condos on Key Biscayne available for rent for just the upcoming weekend. Some of the units may be owned by the same person but under different limited liability corporations, posing a hurdle, Gauger said.
Another wrinkle: whether a property gets a Homestead exemption.
Homeowners can rent out their property for up to 30 days a calendar year without affecting their Homestead break. But if a home is rented for more than 30 days for two consecutive years, it can lose the Homestead exemption.
That means a homeowner not only would lose the tax benefit of up to $50,000 on their taxable value, but lose protection from rapid rises in home prices over inflation.
Gauger expects there will be some property owners none too happy the 2011 ordinance is finally being enforced. “(But) it might make their neighbors extremely happy,” he said. “It’s also adding value to other people’s units by improving the quality of life”
