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Here’s The Scoop…Vacating That Ordinance For 2nd Reading… Commissioners?…

HOUSE FOR RENT…….BY THE WEEK….IN LBTS….

BC- Once again …an Ord. 2nd reading will most likely be put on hold!…This is becoming  commonplace with this current Commission…Town Administration and Town law firm…at a cost to the taxpayers along with the cost of time involved!…The vacation ord.  as previously posted runs into trouble for those 46 (# we were told affected) who are keeping afloat in LBTS by renting out their properties to thwart off foreclosure…Recently Wilton Manors made a similar ord. for 30 days (LBTS is for 28 days) as a minimum length of rental allowed…and is now facing a property rights lawsuit…A look at the Town law firm shows a familiar connection to out town…it is the law firm of former Town Atty. Jim Cherof!…

5/26/09…..

10 Ordinances…

2.    Ordinances 2nd Reading – “PUBLIC HEARING”

b.    Ordinance 2009-19: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING SECTIONS 12-2(c) AND 12-22 OF ARTICLE I, “BUSINESS TAXES,” CHAPTER 12, “LICENSES,” OF THE CODE OF ORDINANCES; AND CREATING A DEFINITION OF “VACATION RENTAL” IN SECTION 30-155, ALLOWING VACATION RENTALS AS AN ACCESSORY USE IN THE RS-4, RS-5, RD-10, RM-25 AND RM-50 ZONING DISTRICTS, AND CREATING SECTION 30-327 “VACATION RENTALS,” FOR RELATED SUPPLEMENTAL ZONING REGULATIONS, ALL WITHIN ARTICLE V “ZONING,” CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

‘Broward’s Wilton Manors and Dade’s Miami Beach to Face Lawsuits for Short-term Rental Bans
Posted on Daily Business Review

‘Wilton Manors
Recent ban on short-term rentals invites lawsuit by 14 homeowners
April 02, 2009 By: Terry Sheridan

The house on Northwest Second Avenue in Wilton Manors looks like any other lushly landscaped single-family home with a pool in a pleasant community.

But owners Louis Heidel and James Lang don’t use their house like most of their neighbors do. In ads on http://www.altraverse.com/, Heidel and Lang invite vacationers to “enter, exhale, escape” and rent the house.

Now they and 12 other owners of vacation-rental homes face city citations of $500 per day for code enforcement violations after Wilton Manors voted recently to ban short-term rentals in residential areas.

The 14 owners are suing the city, saying officials misinterpreted their own zoning law. Their lawsuit in Broward Circuit Court is one of several similar actions across the state as property owners take on municipalities eager to eliminate “businesses” operating in residential areas.

The property owners named in the lawsuit individually or as companies — including Heidel, Lang, Jeffery Hill, William Williams, Money Tree 1 and 2 LLC, 2016 Mid Century House LLC and Pleas’D in Lauderdale LLC — filed a seven-count suit last week. They claim the city’s decision to change its short-term rental law denied them due process and is an inverse condemnation of their properties. An inverse condemnation claim alleges a government action has taken or diminished property value, and owners typically seek to be paid for that loss.

The owners want the city’s action overturned.

None of the owners could be reached for comment.

The city has not responded to the suit.

City Attorney Kerry Ezrol of Goren Cherof Doody & Ezrol in Fort Lauderdale did not return a phone call.

Mayor Gary Resnick, an attorney in the Fort Lauderdale office of GrayRobinson, declined to comment on the lawsuit.

“It’s my understanding that these people bought these houses knowing they weren’t zoned for short-term rentals,” he said.

The City Commission voted Feb. 24 that single-family homes rented out more than three times per year or for less than 30 days at a time should be considered businesses or transient housing. Transient housing isn’t allowed in the residential zoning district where the properties are located, so the city issued code enforcement citations to the owners.’

To be addressed tonight at the LBTS Reg Commission meeting…7pm Jarvis Hall….

http://www.vacationrentals.com/vacation-rentals/Lauderdale-by-the-Sea-Florida.html

more to come….

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