Ordinance No. 2021-45, enacted in Collier County, Florida, plays a crucial role in shaping the landscape for real estate investors, particularly those involved in short-term vacation rentals. This article delves into the significance of this ordinance for the Naples real estate market.
Effective January 3, 2022, Collier County has implemented Ordinance No. 2021-45, a crucial regulation establishing registration requirements for owners of short-term vacation rentals. This ordinance was enacted to address the growing interest in short-term rentals within single-family residential neighborhoods and mitigate their impact on the community. This article provides an in-depth look at the ordinance, helping property owners understand their responsibilities and the steps necessary to comply.
Overview of Ordinance No. 2021-45
Ordinance No. 2021-45, known as the "Collier County Short-Term Vacation Rental Registration Ordinance," is designed to preserve the residential quality and safety of neighborhoods by regulating the operation of short-term rentals. The ordinance does not regulate the duration or frequency of rentals but focuses on managing transient occupants' effects on residential areas.
Key Provisions of the Ordinance:
Registration Requirement: Owners must register each short-term rental unit with both the Florida Department of Business and Professional Regulation and Collier County. This ensures all rentals are accounted for and managed according to county standards.
Designated Responsible Party: Each rental unit must have a designated responsible party, aged 18 or older, who can respond to issues 24/7 and be onsite within a day if needed. This party could be a private property management company authorized to handle county-issued citations and notices of violation.
Compliance with Local Laws: Owners must inform guests of all applicable local ordinances regarding noise, parking, and trash disposal and maintain their rental units in compliance with Collier County's occupancy limits and maintenance codes.
Exemptions and Non-Applicability:
Properties located within the City of Naples, City of Marco Island, and Everglades City are exempt from this ordinance. Moreover, owners not required to register with the Florida DBPR under F.S. Ch. 509 are exempt. The ordinance aims to ensure that all operational short-term rentals contribute positively to the community and do not undermine the livability of neighborhoods.
Penalties for Non-Compliance:
Violations of the ordinance are subject to severe penalties, with fines up to $500 per violation per day. This stringent enforcement underscores the county's commitment to maintaining order and ensuring that all vacation rentals operate within the legal framework.
Steps to Compliance:
Register with the State and County: Obtain the Florida DBPR licenses and a Collier County registration certificate.
Identify a Designated Responsible Party: Ensure this person or company can manage the rental property and respond to issues swiftly.
Educate Your Guests: Clearly communicate local rules and expectations to all tenants to prevent violations.
Maintain Property Standards: Regularly inspect and maintain your property to comply with all county and state building and safety codes.
Conclusion:
The new ordinance by Collier County represents a significant step towards balancing the benefits of short-term vacation rentals with the needs of permanent residents. By complying with these regulations, property owners contribute to the safety and quality of their communities and ensure a positive experience for their guests. Understanding and adhering to Ordinance No. 2021-45 is essential for lawful and successful operation for those operating or considering entering the short-term rental market in Collier County.
FAQ: Naples and Collier County Short Term Rental Requirements
1. What is Ordinance No. 2021-45?
Ordinance No. 2021-45, also known as the Collier County Short-Term Vacation Rental Registration Ordinance, was established to regulate short-term vacation rentals in Collier County. It requires owners to register their properties and adhere to guidelines that preserve the health, safety, and welfare of the community.
2. Why was this ordinance implemented?
This ordinance was implemented to address the impacts of transient occupants in residential neighborhoods, such as excessive noise, trash accumulation, and parking issues. It aims to maintain the residential nature of neighborhoods and ensure the peaceful enjoyment of Collier County residents.
3. Who needs to register under this ordinance?
Any short-term vacation rental owner operating within unincorporated Collier County must register each rental unit. This includes rentals offered more than three times per year for periods less than 30 days.
4. Are any areas exempt from this ordinance?
Yes, properties located within the City of Naples, City of Marco Island, and Everglades City are exempt from this ordinance. Owners in these areas do not need to register their short-term rental properties under Ordinance No. 2021-45.
5. What is a Designated Responsible Party?
A Designated Responsible Party is a person 18 years or older, designated by the owner, who is responsible for responding to issues related to the short-term rental. This person acts as the agent for the owner and is authorized to accept county-issued citations and notices of violation.
6. What are the responsibilities of a Short-Term Vacation Rental owner?
Owners are required to register with the state and county, maintain property standards, inform guests of local ordinances, and ensure the presence of a Designated Responsible Party who can address issues 24/7. Owners must also include their rental registration number in all advertising.
7. What happens if an owner fails to comply with the ordinance?
Non-compliance with the ordinance can result in fines up to $500 per violation per day. Each day a rental operates without proper registration is considered a separate violation.
8. How can an owner register a short-term vacation rental?
Owners must obtain a license from the Florida Department of Business and Professional Regulation, register with the Collier County Tax Collector, and obtain a Collier County Registration Certificate for each rental unit.
9. What should owners do if there is a change in the Designated Responsible Party?
Owners must notify Collier County in writing within ten business days of any change in ownership or the Designated Responsible Party. This ensures that all contact information and responsible parties are up-to-date.
10. Are there specific advertising requirements for short-term rentals?
Yes, owners must include the Collier County Rental Registration Number in all advertisements for their rental unit. This requirement applies to all forms of advertising, including online platforms, print media, and social media.
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