City cracks down on illegal vacation rentals with fines

November 13, 2024 | Cocoa Beach, Brevard County, Florida


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City cracks down on illegal vacation rentals with fines
In a recent government meeting, city officials addressed a significant violation concerning a vacation rental operating without the necessary business tax receipt (BTR) and in a residential zone. The city has cited the property owner for failing to comply with section 13-2, which mandates obtaining a BTR for running a vacation rental. A $100 citation was issued for this infraction.

Further complicating matters, the city believes the property is also in violation of section 26.5-21, as it is located in an RS-1 zoning area, which requires a specific application to operate a vacation rental legally. The city has taken steps to ensure due process, including sending a courtesy letter outlining corrective actions and the citation via both first-class and certified mail. Despite these efforts, the citation remains unpaid.

Evidence presented during the meeting included active listings on platforms such as Rentalscape, Airbnb, and VRBO, indicating that the property has been renting out since March 2023, with numerous reviews confirming its operation. The city is now requesting that the property owner obtain the required BTR and RS-1 registration, pay the outstanding citation, and potentially face additional fines. Under statute section 205.053, the maximum fine of $250 for not obtaining the BTR may be imposed, along with daily fines of $500 for the first day and $250 for each subsequent day until compliance is achieved.

The outcome of this case could set a precedent for how vacation rentals are regulated within residential zones, highlighting the city's commitment to enforcing zoning laws and ensuring compliance among property owners.

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