§ 117.03. APPROVAL OF APPLICATION.

(A)

The Community Improvement Director or his/her designee, shall grant approval for the lease of units within the City for residential purposes upon the filing of an application on forms designated by the City and a determination:

(1)

That the applicant has an interest in the property or is the agent or acting under the permission of one with a sufficient interest in the property to obtain a landlord permit;

(2)

That the units comply with the requirements of the Housing Code as set forth in Section 7.4.1 of the Land Development Regulations of the City of Delray Beach with regard to those facilities necessary to make the rental unit habitable specifically including, but not limited to, numbers of bedrooms and bathrooms required for the number of persons who will occupy the dwelling;

(3)

That the rental of the units is in compliance with applicable zoning code regulations as enumerated in Chapter 4 of the Land Development Regulations as well as all other applicable regulations within the City's Code of Ordinances and Land Development Regulations;

(4)

That no more than three (3) unrelated persons shall reside in any unit as further defined in the definition of "family" as provided in Appendix "A" of the Land Development Regulations;

(5)

That an annual permit fee in accordance with Section 117.02 is paid;

(6)

That the applicant and applicant's property are not in violation of this article;

(7)

That proof of payment of state sales tax is provided on an annual basis at renewal for all leases that are less than six (6) months in duration in accordance with Section 212.03, Florida Statutes;

(8)

That the applicant has certified that they will provide each tenant with a copy of:

a.

Chapter 83, Florida Statutes, Part II, entitled "Residential Tenancies";

b.

Chapter 117 of the Code of Ordinances, entitled "Landlord Permits"; and

c.

A pamphlet provided by the City containing guidelines for rentals.

(9)

If the applicant is not otherwise required to follow Chapter 83, Florida Statutes, then the applicant shall provide proof of availability of an alternative temporary dwelling unit in the event of an eviction, in compliance with Section 117.06 of the Code of Ordinances of the City of Delray Beach; and

(10)

All tenants shall be in compliance with Chapter 136 of the Code of Ordinances of the City of Delray Beach regarding sexual offenders and sexual predators.

(B)

Any permit shall be conditioned upon receipt of the documents required by Section 117.01(B).

(Ord. No. 80-87, passed 10/13/87; Am. Ord. No. 81-94, passed 10/18/94; Ord. No. 30-09, § 2, passed 7/7/09; Ord. No. 08-12, § 2, passed 2/21/12)