EMERGENCY ORDER 10 AND SUPPLEMENT TO
DECLARED STATE OF EMERGENCY
WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach (“City”) declared a Local Emergency as a result of COVID-19; and
WHEREAS, the City Manager has extended the declared state of Local Emergency every seven (7) days since that date; and
WHEREAS, according to the Centers for Disease Control (“CDC”), COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or talks. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and
WHEREAS, many persons infected by COVID-19 are contagious while they are asymptomatic, and can therefore spread the disease unwittingly; and
WHEREAS, prolonged close contact between people enhances the risk of spreading COVID-
WHEREAS, COVID-19 cases have recently spread rapidly in Miami-Dade County; and
WHEREAS, the increasing effects of COVID-19 continue to require immediate and extraordinary actions by the City in order to protect the safety, health, and welfare of the public due to the propensity of COVID-19 to spread person to person; and
WHEREAS, COVID-19 poses a health risk to Miami-Dade County residents and visitors, particularly those who are elderly, immunosuppressed or otherwise have high-risk medical conditions; and
WHEREAS, the long-term effects of COVID-19 on persons who recover are currently unknown; and
WHEREAS, hospital capacity and medical availability is diminishing as COVID-19 patients require hospitalization, which will limit the ability of hospitals to perform elective medical procedures and may impact the delivery of life saving services; and
WHEREAS, short-term vacation rentals are being utilized within the City in a manner that provides prolonged close contact between individuals which creates a higher risk of COVID-19 transmission; and
WHEREAS, on July 7, 2020, Miami-Dade County issued Amendment 02 to Emergency Order 26-20, imposing a maximum daytime and overnight occupancy for short-term vacation rentals of up to a maximum of two persons per bedroom plus two additional persons per property not to exceed a maximum of ten persons, and prohibits new rental agreements entered into except on a monthly basis, citing the evidence that County residents and visitors are increasingly using such short term vacation rentals as “party houses” at which many individuals congregate in prolonged close contact; and
WHEREAS, short-term vacation rentals of less than thirty (30) days are of the frequency and nature that they create increased opportunities for disease to spread, especially in multi-family dwellings where there is a high concentration of persons in hallways, elevators, and other communal, shared areas; and
WHEREAS, in order to protect the life, safety, and welfare of the City’s residents and visitors, the City will require that individuals and entities operating short-term vacation rentals within the City shall provide documentation to the City proving compliance with Miami-Dade County Emergency Order 26-20, as amended; and
WHEREAS, in accordance with Section (A)(6) of Amendment 02 to Miami-Dade County Emergency Order 26-20, the City of Sunny Isles Beach can impose more stringent standards within the City than are set forth in the County Emergency Order 26-20, as amended.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED AS FOLLOWS:
A. The foregoing recitals are hereby adopted and incorporated herein by reference.
B. The detailed findings of Miami-Dade County Mayor Gimenez as contained in Miami-Dade County Emergency Order 26-20, and all amendments thereto, are incorporated herein by reference.
2. Production of Documentation Required When Operating a Short-Term Vacation Rental.
A. All persons or entities throughout the City of Sunny Isles Beach who operate a Short-Term Vacation Rental, as defined in Chapter 217 of the City’s Code of Ordinances, shall provide the following documentation to the City’s Planning & Zoning Department for each instance that the dwelling is rented:
i. A copy of the lease or rental agreement (in the form of a booking or a reservation generated through advertising platforms such as Airbnb, vrbo, homeaway, etc.) for each rental period reflecting the duration of the rental period for all agreements that are entered into on or after July 9, 2020; and
B. The documentation required under subparagraph (2)(A)(i) shall be submitted to the City no less than forty-eight (48) hours prior to the first day of the given rental period.
i. Documentation must be submitted one of three ways: via email to email@example.com, via fax to 305.792.1569 or hand delivered to the Planning and Zoning office on the 3rd floor of the Government Center located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
A. Violations of this Order shall be enforced pursuant to Chapter 14 of the City’s Code of Ordinances.
A. Failure to comply with the requirements of this Order, or with the provisions of Section (A) (4) of Amendment 02 to Miami-Dade County’s Emergency Order 26-20, which is attached hereto as Exhibit “A” and incorporated herein by reference, will be the following:
i. $1,000 for the first violation;
ii. $2,500 for the second violation;
iii. Suspension of the Short-Term Vacation Rental License upon the third violation for a period of one year as indicated in Section 217-25 of the City’s Code of Ordinances. Any appeals of a suspension shall also be pursuant to Section 217-25 of the City’s Code of Ordinances.
5. This order shall be effective as of 12:01 a.m., July 9, 2020, and shall expire upon the expiration of Amendment 02 to Miami-Dade County’s Emergency Order 26-20, unless terminated earlier by the City Manager.