- September 16, 2024
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Short term vacation rentals in Palm Coast could see $400 registration fees and background checks installed as part of a city ordinance outlining restrictions for rental operators.
The ordinance prepared by staff considers registration fees, background checks for renters and more, but it was quickly pointed out by local renters that some of the restrictions the city wants to enforce are covered by the online vacation rental platform AirBnB. Because of the complexities, he Palm Coast City Council decided to forgo voting on the ordinance at the Sept. 3 meeting and instead opted to bring the ordinance back for a workshop meeting.
The ordinance will next be reviewed at the Sept. 24 evening workshop meeting alongside the first workshop for filling the District 4 council member replacement.
“Here's consensus that it needs to be done well, it needs to be done correctly and right and hopefully long lasting,” Mayor David Alfin said.
The ordinance proposes a laundry list of requirements that STR operators would need to abide by, including: a maximum occupancy of 10 guests; a $400 registration fee and $200 annual renewal fee; not allowing recreational trailers or boats onsite; requiring the installation of battery-powered, emergency lighting; background checks for renters.
Under the ordinance, operators must also have someone locally available 24/7 to respond to calls within two hours of a complaint being filed. Operators must also follow life safety requirements like having fire extinguishers, smoke and carbon monoxide detectors on site.
The ordinance also must comply with state law. City attorney Marcus Duffy said the city won’t be able to prohibit anyone — or any entity — from having as many STRs as they want.
For background checks, staff first proposed that every person staying at an STR be required to have a background check done. Council member Theresa Carli Pontieri suggested that be changed to just the person signing the agreement, but that individual then takes full responsibility that none of the other occupants during the stay are sexual offenders or predators.
She also suggested this be a requirement that, if violated once, offenders have their license revoked by the city. Alfin agreed.
“If we're going to protect the community, then let's go for it,” Alfin said.
DeLorenzo said staff were approached on Friday, Aug. 30 by local operators about concerns they had over the restrictions. The operators said much of what the city wanted to cover in the ordinance is covered by AirBnB’s terms and conditions, including a background check for renters.
STR operators Joel and Kathy Davisson attended the meeting to ask the council to consider realistic requirements. The Davissons own a six-bedroom home and rent out five rooms for AirBnB guests; the couple remains on the property and still lives there while guests are renting, meaning they are already available 24/7 to respond to issues. Kathy Davisson said they have been operating their AirBnB for nine years.
“Our AirBnB pays for our living,” she said. “We pay our taxes, we do everything right. We have a very peaceful home.”
Joel Davisson said much of the issues brought up do not address the actual concerns residents have, most of which are caused by out of state operators.
“There’s a lot to think about beside what has been discussed,” Joel Davisson said. “There should be different rules for local homeowners versus out of state investors.”
He said the background requirement isn’t feasible because of the turnaround. Often, Joel Davisson said, renters will show up just hours after making a reservation, not giving the operator enough time to perform a background check.
“So it has to be an exclusion for Airbnb,” he said.
DeLorenzo and Duffy said it is unknown at this time what kinds of background check the platform uses, and that is just one item staff will need to research ahead of the workshop meeting.
DeLorenzo did also point out that the background checks could not apply for international guests, as that does not go through the Federal Bureau of Investigation or local Flagler County Sheriff’s Office resources, but instead through Interpol.
Overall, Danko said it seemed as though the problems residents have mostly rests at the feet of absentee operators, whether that be out-of-state homeowners or corporations renting out local homes. He suggested the city try to find a way to differentiate between the two.
Danko, and the rest of the council agreed, that whatever is done, the program is self-funded.
“If we add an additional code enforcement person, we are we are funding that paycheck, we are funding those benefits, we are funding the vehicle that they will be using,” Danko said. “I don't want us to add an additional person and burden the taxpayers on that.”
