Laserfiche WebLink
<br />institutional group, student housing or more than three (3) unrelated persons as defined herein. <br />This definition shall be construed to include those individuals protected as a family unit by the <br />Fair Housing Act. <br /> <br />(b) Minor child means a person under the age of 19 living with a parent or other <br />legal guardian or in foster care. <br /> <br />(c) Occupancy or occupy means the use of a dwelling unit or portion thereof for <br />living, sleeping, and cooking or eating purposes. <br /> <br />(2.) Unrelated Occupants Prohibited. It shall be unlawful for the occupants <br />residing in or for the owner of any single dwelling unit located in the R -1 zoning districts to have <br />more than three (3) unrelated individuals residing therein, nor shall any family as defined in <br />Section N(I)(a) have, additionally, more than two unrelated individuals residing with such <br />family. For purposes of this Section, one unrelated individual residing with a family shall include <br />the minor child or children of such unrelated individual residing with him or her. <br /> <br />(3.) Penalty. It shall be a violation of this Section for any owner, occupant, or <br />lessee of any single family dwelling unit to permit or fail to prohibit the occupancy of such <br />dwelling unit by more than three (3) unrelated persons. Each owner occupant or lessee of a <br />single family dwelling shall be subject to a fine not to exceed Two Hundred Dollars ($200.00) for <br />each violation. Each day during which any violation of this Section shall continue shall constitute <br />a separate defense. <br /> <br />(4.) Proof of Violation. Prima Facie proof of occupancy of single family dwelling <br />unit by more than three (3) unrelated persons is established in any prosecution for violation of <br />this Section if its shown that the same four (4) or more vehicles with registration to persons <br />having different surnames and addresses were parked overnight at the dwelling unit a majority of <br />nights in any twenty-one (21-day) period. This establishment of prima facie level of proof in this <br />Section does not preclude a showing of occupancy of a dwelling unit by a person in any other <br />manner. <br /> <br />Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br />be affected by such invalidity. <br /> <br />Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict <br />herewith be, and the same, are hereby repealed <br /> <br />Section 5. Inclusion In The Code. It is the intention of the City Commission, and it is hereby <br />ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny <br />Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to <br />accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other <br />appropriate word. <br /> <br />Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on <br />second reading. <br /> <br />Amending Section 265-44 <br /> <br />Page 2 of3 <br />