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North Miami magistrate orders removal of short-term rental ads, fines property owner $500 a day if noncompliant
Summary
The special magistrate found online advertisements for short-term rentals in a residential Keystone Point neighborhood and ordered the promotions removed within 30 days; the magistrate set a $500-per-day penalty for continued unlawful advertising and advised owners on contacting platforms such as Airbnb and VRBO to take listings down.
Special Magistrate Jose Smith ordered property owners and managers in Keystone Point to remove online short-term rental advertisements after city inspectors found active listings on Airbnb, VRBO and other platforms.
The magistrate cited advertising for short-term rentals in a single-family residential area and said the city would require removal of listings and a compliance report within 30 days. "I will enter an adjudication of guilt and set a compliance date of 30 days, and that will be, for the record, July 18, for you to do what you need to do to get those illegal advertisements off the Internet," Smith told the owner and on-site representatives. "In the event of noncompliance, there shall be a daily fine of $500 until the violation is abated."
Why this matters: North Miami code prohibits advertising a single-family residence for short-term rental use in certain residential zoning districts. The magistrate emphasized that platforms' written listings and underlying platform settings both matter; owners must ensure both are set to comply with 90- or 30-day minimums where applicable, and must remove unauthorized third-party listings that use a property’s photos without the owner’s consent.
What happened at the hearing: Jamie George and Shanna Sanders, city inspectors, presented screenshots and file notes showing active listings and reviews on Airbnb and VRBO for 1905 North Texas Drive and other properties. Chris Choi, a tenant who said he rents the property from Monte Carlo Real Estate Investments, acknowledged listings had appeared and said the owner changed the listing to a 90-day minimum after receiving the notice. "After receiving the violation notice, we changed to 90 days minimum before, and, yeah, moving forward, we'll only do 90 days," Choi said.
Magistrate Smith told the owner and tenant that removing offending ads from one platform may not be enough; he recommended sending written affidavits and takedown requests to each platform and to California-based corporate offices if necessary. "If you can't get a hold of them, you call San Francisco where they're located, and you tell them specifically that ... you are not authorizing anyone else to put any advertisement on this property or use those pictures," he advised.
Outcome and next steps: The magistrate entered an adjudication and set July 18 as the compliance date. In noncompliance, the city will assess a $500 daily fine until the ads are removed. He also warned that repeat or deceptive listings (e.g., using a 90-day listing as cover for shorter stays) could lead to more severe penalties or additional enforcement including review of leases. The inspector offered assistance if owners have trouble getting listings removed.
What to watch: Whether owners follow up with platform takedown requests and whether the city receives evidence that offending advertisements have been removed. The neighborhood association president present asked the city to also review whether business-license or other violations are present; the magistrate said those could be pursued separately.
