ANNA MARIA – Local attorney and former Anna Maria City Commissioner Chuck Webb is now serving as the city’s special magistrate.
Attorney Karla Owens previously served in that role.
Webb presided over the Thursday, Oct. 29 code enforcement hearing held at Anna Maria City Hall.
After taking roll to determine who was in attendance, Webb announced he would not be conducting any hearings that day pertaining to alleged vacation rental violations due to his concerns about the city’s notification process. He said those hearings will be rescheduled.
Eleven of the pending vacation rental violation notices pertain to registration and inspection violations and one pertains to an alleged COVID-19-related advertising violation.
After further discussion on the notification process, Webb ruled in the city’s favor regarding three disputed parking citations.
Notification concerns
When explaining his concerns about the city’s notification process, Webb said, “Part of that due process requirement is that the respondents get clear notice of facts on which the violation is based. The charging documents don’t have any facts. I am ordering the city to amend those charging documents to clearly state the facts. It requires the city to say who, what, when and where the violations occurred so the facts support the charges.”
Webb expressed concerns about the current notices that use “cut and paste” references to city codes that were allegedly violated.
Webb asked Vose if she understood his concerns about the hearing notices.
Participating by phone, Vose said, “I guess I need more information as to what you would expect to see because it’s pretty darn detailed.”
Webb said his intent is to prevent a case from being dismissed because of due process issues.
Webb said a notice pertaining to a vacation rental registration violation should state the registration due date and note the violation has been ongoing since that date. He also said the notice should state whether the alleged violator had any prior violations.
“One or two sentences that fills it in,” Webb said.
“I respectfully disagree,” Vose said. “I think this is pretty standard for code violations. It’s kind of like getting a traffic ticket.”
In reference to a notice of alleged violation issued to ISO FL LLC and Sato Real Estate, Vose said the notice specifically references a COVID-19 emergency order that temporarily prohibited the acceptance of a vacation rental reservation for less than 30 days.
“They were in violation of COVID-19 order 2A. They were also in violation of order 4A and order 5, which says what those violations constituted,” Vose said.
Regarding the city’s notification process, Webb said, “Ms. Vose, I respectfully disagree. It’s just a short, plain statement of facts, just like you would do in civil proceedings in circuit court. Just beef it up a little bit. It’s going to be better for all involved.”
“We will do that in the future. Are you ruling that our initial notice was incorrect so that we can’t bring these again?” Vose asked.
“No, not at all,” Webb said.
Parking violations
Sarasota resident Daniel Pirvu was the first respondent that day to challenge a parking citation. Code Enforcement Manager Debbie Haynes said Pirvu was cited for parking at an angle along Elm Avenue. Haynes said the infraction occurred in an unpaved right of way where angled parking is not allowed, but parallel parking is.
Pirvu said he should not have received a parking ticket because none of his tires were touching the pavement. Haynes said the citation Pirvu received had nothing to do with tires touching the pavement.
Webb ruled in favor of the city and ordered Pirvu to pay the $50 fine, a $15 late fee and an additional $150 administrative fee.
The special magistrate has the authority to levy an additional $150 administrative fee on those who unsuccessfully challenge their violations. The fee helps the city cover the costs of the code enforcement hearings, including the special magistrate’s hourly rate.
Bradenton resident Scott McConoughey unsuccessfully challenged the parking ticket he received for parking in a prohibited area on Alamanda Road when going to the Rod & Reel Pier.
McConoughey said he parked in a space where parking had long been allowed and he did not see the new no parking signs – one of which he said was obstructed by a portable toilet at the time.
Haynes acknowledged parking used to be allowed in that location, but it was eliminated as part of the city’s COVID-19 pandemic response. Haynes said there were two no parking signs posted in that location and McConoughey or his passenger should have seen at least one of them.
Webb ordered McConoughey to pay a $50 fine, a $15 late fee and the $150 administrative fee.
When contacted by The Sun later that day, McConoughey, “The $150 administrative cost is totally bogus. I didn’t pay it today because I can’t. I was hit hard by COVID. I lost my job.” McConoughey said he’s just beginning to find work again as a musician.
Palmetto resident and Spartan Air Services owner Levi Courtney was ticketed for parking his work truck on the Jacaranda Road pavement.
“I’m not here to argue the law. My problem is signage,” he told Webb.
Courtney referenced the sign at the entrance to the city that says, “Park with all tires off pavement where permitted,” but he said he didn’t see any no parking signs where he parked that day.
Courtney said he received the ticket while servicing an existing HVAC system and selling a new system.
Courtney said he parked outside of a no parking zone indicated by a sign located elsewhere on the street. He said he parked with 12 inches of the curb in accordance with state law and was parked in his customer’s driveway and intermittently walking back and forth between his truck and the client’s home.
Code Enforcement Officer Robert Haynes said Courtney’s vehicle was parked on the pavement and he did not observe him going back and forth between his truck and the client’s home.
“Even if I don’t prevail, maybe do something for other contractors out here,” Courtney said.
Webb said he was aware of a code provision given to yard maintenance companies, but he wasn’t sure whether the provision applied to other contractors.
After Debbie Haynes read aloud that section of the city code, Webb said, “That doesn’t provide an exemption to parking in paved areas, so I find in violation of city code. The fine is $65 plus $150 administrative fee.”
After leaving city hall, Courtney said, “I’m here to fight a law that the people I’m talking to created in the first place. Trying to fight that is not a battle you can win.”
After Webb dispensed with the parking challenges, he, Vose and City Clerk LeAnne Addy resumed their discussion on the city’s notification process.
Addy noted that similar notices have been used for past code enforcement hearings with no concerns raised.
“The big thing is to put the respondent on notice as to this is what you did wrong. Not just this is the code provision you violated – these are the actual facts that caused the violation,” Webb said.
Regarding the parking with no tires on the pavement sign at the entrance to the city, Webb said, “To me that sign is a little ambiguous.”
Webb suggested clarifying that sign language if possible.
