Vacation Rentals in Residential Neighborhoods

It has come to the attention of the Hollywood Lakes Section Civic Association that numerous single family homes in residential zoned Hollywood neighborhoods are being converted to “hotel-style” rental facilities where daily and weekly rentals as well as parties, weddings and meeting events are occurring on a regular basis. As the Lakes neighborhood (and most other Hollywood residential neighborhoods) are currently zoned “RS – Single Family District”, converting a single family home into a “hotel” is blatantly illegal and is in violation of the City of Hollywood’s Article 4: Schedule of District, Use and Setback Regulations – Zoning and Land Development Code.

Hollywood has a long history of illegal conversions where single family homes are sub-divided into multiple rooms with the intention of renting these rooms by the week, month or year. In addition, many of the older homes, especially in the Hollywood Lakes neighborhood, were constructed with “out” buildings or separate garages that contained single room apartments or “In-law” suites. However, the “vacation rental” phenomenon is a relatively new problem and, although somewhat related to the illegal conversion, creates a much more serious issue for the neighborhoods.

Why? Clearly, renting your home on a daily or weekly basis introduces an undesirable transient element to a residential neighborhood. Unlike a hotel or apartment/condo building with on-site management, security and adequate parking, the “vacation rental” facility is an unsupervised situation where there is no guarantee that the rental agent or home owner has screened the renter nor are there any controls in place to limit the number of occupants and vehicles associated with a given rental event.

In the past, the HLSCA has been told by City Staff that uncovering illegal home conversions was difficult to do and even more difficult to prove as a homeowner could claim that his tenants are just “family members.” With the “vacation rentals”, this is no longer a valid excuse for inaction. Here, the intent and evidence is clear as these “vacation rentals” are advertised world wide on the internet. The citizens of Hollywood expect the City to enforce zoning and business rules and regulations when it comes to any commercial intrusion into the residential neighborhoods. The “vacation rental” problem is clearly a violation of a number of City codes and ordinances. Recently, the City created a “condo/hotel” zoning classification. In the Zoning and Land Use Regulations – Article 2: Definitions, it states the following: “A condo/hotel is considered to be a transient hotel/motel use and not a residential use.” Under Article 4, Special Exceptions, there is no mention of hotel/motel use. While we recognize that there are small apartments and motels scattered throughout some of the older neighborhoods in Hollywood, few are found in RS zoned areas.

In addition to various zoning code violations, vacation rentals also violate the City's home-based business ordinance, Ord. 110.21 "Home-Based Businesses", that states in paragraph (B): "No current or prospective client or customer of the business shall be allowed on the home premises;". This further confirms that vacation rentals are illegal as a home based business cannot accept customers in a home. What is a renter that pays a daily or weekly rental fee with his credit card and is taxed at the 11% State hotel bed tax rate? He/she is clearly a customer. For a home owner to set up a corporation, accept credit card payments, advertise for daily renters on the internet and file for a tax certificate to collect the 11% hotel bed tax is further confirmation that the home is being used as a business that illegally accepts customers on the premises. This ordinance, therefore, must apply.

The City of Hollywood must consider the legal ramifications of allowing an illegal “hotel” use in a residential zoned area when it comes to life safety issues and the City’s possible exposure to liability. Have all of these illegal “vacation rentals” met the necessary fire and safety requirements of a standard hotel or apartment building such as lighted exit signs, emergency evacuation paths, fire detection and suppression equipment, ADA compliance, etc.?  Have they been inspected by the City for code and fire safety compliance? Do they have the required occupation license and business tax receipt? Are the owners still claiming Homestead exemption on these rental facilities? Are these vacation renters knowledgeable about the City’s codes concerning noise, residential parking, etc.?

The HLSCA is asking the City to investigate this vacation rental problem and expects the City to take action to protect the residential neighbors from illegal activity and commercial intrusion. If you agree with the HLSCA, let us know. Write to us at info@hollywoodlakes.com

Brush Pick Up Debacle

History of the Problem:

Since October, 2009, the City's Office of Code Compliance began a stepped up enforcement of City Ord. 50.04 "Collection of Commingled Waste and Recovered Material." This stepped up enforcement saw many Hollywood residents cited for placing their brush and palm fronds in the back of their property next to the alleys for pick up by the new contractor, Waste Pro. Residents were confused as this practice has been very common for as long as anyone can remember. The HLSCA complained to the City and at the HLSCA’s October General Membership meeting on Tuesday, October 13th, 2009, attendees heard Director of Code Enforcement, Clay Milan, review the City’s Commingled Waste ordinance that, according to Mr. Milan, does not permit brush storage during the month on private property. Many of you that received the Notice of Violation and had your brush piles sprayed painted red for placing your brush on your property by the alley as you have done for many years are as confused as we are by this turn of events. Why, after all these years, are we in violation for trimming our trees and shrubs and placing them on our property next to the alley for pick up?

Most importantly, the HLSCA is firmly in support of the City in their efforts to keep the alleys, swales and streets free of brush and hard junk. We are in no way advocating that residents be allowed to block the alleys and streets with brush and junk. That is and should clearly be a violation. However, placing brush, palm fronds and plant trimmings at the rear of your property adjacent to the alley OFF OF THE ALLEY PAVEMENT, should not be a violation. After all, where are residents supposed to store brush? On our pool patios? In our garages? In our living rooms? Or should we just let the palm fronds litter our yards until the last week of the month when the scheduled pick up takes place?

For the City to expect residents to do their yard trimmings and clean up only during the weekend before the scheduled pick up is unrealistic and impractical. Therefore, being able to store brush in a designated area on your property off of the alley pavement as we have done for so many years without penalty is not an unreasonable expectation. Unfortunately, the City interprets the code differently. Why the change of thinking at the City? One reason may be the initial poor service we received from the City’s new sanitation contractor, Waste Pro. We all lived through the first six months of the Waste Pro contract when even small brush piles were not picked up. These small piles grew into large piles that began spilling onto the alley pavement creating a hazard for vehicles that access the alleys. Residents began to complain. Finally, in early September, the City came down hard on Waste Pro and they began picking up every pile, regardless of size. They did a very good job of cleaning up brush and hard junk throughout the City. This created a starting point or base line. Going forward, the City knows that, effective October 1st, the alleys were fairly clean of brush and hard junk. We think that may have instigated the renewed enforcement effort.

At the meeting, various ideas were floated. The HLSCA would like to know your feelings on the following potential solutions to the brush storage/pick up problem:

1) Replace one of the two weekly garbage pick ups with a brush pick up. This would be very easy to do as Waste Pro already uses the same trucks and crews, we are told, for both functions. It is felt that most people could live with just one garbage pick up each week. For those that fill their garbage container up twice a week, a second gray container could be obtained from the City.

2) Keep both weekly garbage pick ups but add a weekly brush pick up – for an additional fee added to your water bill. At this time, we are not sure how much this would cost residents but we feel that it would be nominal. As in #1, this solution would help those residents that do not live on an alley.

3) Amend the existing code to allow for brush storage of 4 cubic yards or less at the rear of your property adjacent to (but not on) the alley pavement. Some residents have a “brush bay” along their fence line. A brush bay is an area along the rear property fence line that is indented or notched and allows for brush or your garbage can to sit neatly without being on the alley pavement.

Below are two photos showing the brush bay concept:

Brush bay off of alley on private property     Brush bay on S. Northlake Drive

As can be seen in the above photo, a brush bay can even be created along the street, off of the pavement, for those residents that live on North or South Lake and do not have an alley. 

But, help may be on the horizon as we have learned that the Code Compliance office heard us loud and clear at January 19^th meeting attended by the HLSCA and the Hollywood Hills Civic Assn. and is proposing changes to the City commingled ordinances. While the City is reviewing the flawed ordinance, the Code Compliance office will not be writing citations for brush piles that are placed out during the month as long as these piles are on private property and NOT touching the alley pavement. Stay tuned for more….

Of course, we welcome other suggestions, too! info@hollywoodlakes.com

Dog Beach in Hollywood

A group of Hollywood residents have successfully created a dog beach on Hollywood Beach that would allow dogs on certain days at certain times. For more info, visit the group's website at www.dboh.org  

Sailor's Point

The Gulfstream Sailing Club operates a sailing program at Sailor's Point on North Lake (9th Ave. and N. Northlake Drive). Classes for beginners and small sailboat rentals are available. For more information on the Sailor’s Point Sailing Program, call Donna French at 954-829-0484.                                                                

Sailor’s Point offers a variety of sailing programs for children and adults. Our Learn to Sail class is perfect for children ages 8 to 14, as we start with a Level 1 class that teaches the basics, and advance to the Level 2 class that offers a racing series.

Adults can take advantage of our Winter, Spring and Summer Learn to Sail classes. All classes cost $110 for residents and $165 for non-residents. All classes are held at Sailor’s Point, 921 North Northlake Drive.

2010 LEARN-TO-SAIL SCHEDULE (ages 8-14):

For more information on Sailor’s Point, visit www.sailorspoint.org or contact Luis Oliveira luisrato@bellsouth.net (954-675-1440)

 HLSCA Website Archives - Click here to review important issues and topics from the recent past on our HLSCA Archives Page

MESSAGE FROM CODE ENFORCEMENT OFFICE

  Did You Know?

Proper Placement of Commingled Waste

By Eddy Hill, Jr., Neighborhood Code Enforcement Officer

Beware of Bees!

Code Compliance has responded to a number of calls involving bee infestations.  Some of the bees have turned out to be the Africanized variety.   Unfortunately, you cannot tell the difference between an Africanized honey bee and a European honey bee simply by looking at it because the two types appear identical. Bees protect their hive from predators, including humans, by stinging once.  Africanized bees respond quickly to disturbances by people and animals who venture within fifty feet of their hive.  They sting in larger numbers and have been known to chase an enemy a quarter of a mile or more.  This means it is unlikely you will be able to outrun a swarm of Africanized bees.

 If you do encounter bees, retreat from the area as quickly and quietly as possible. If you are being chased, protect your face and eyes.  Run away in a straight line to the nearest shelter.  A car with closed doors, a house or a building would be good choices. I am a cave diver and can hold my breath a long time, so my previous plan for outsmarting bees was to jump into the nearest pool.  However, experts advise against this.  Africanized bees are extremely persistent and will wait and sting you every time you surface to breathe.  You could be stung repeatedly and trapped in the water for a very long time. Despite the potential hazard posed by Africanized bees, honey bees are vital for the pollination of plants that provide food for both humans and animals.  Residents who find a beehive on their property are advised to contact a beekeeper for proper disposal of the bees.  You can contact Code Compliance at 954.921.3061 for additional information about beekeepers.