HOLMES BEACH – The owners of Angelinos Sea Lodge will not be allowed to lease their vacation rentals until they settle code compliance issues with the city, a special magistrate has ruled.
Settling those issues likely means demolishing the two-story beachfront treehouse they built without permits in 2011, partially on the erosion control line at 2818 Ave. E.
During the March code compliance hearing, special magistrate Michael Connolly ruled that Lynn Tran and Richard Hazen are violating the city’s codes by leasing their vacation rental units, ordering them to cease until they obtain valid vacation rental certificates (VRCs). They also must refrain from advertising the property and pay hearing costs of $127.24. Another hearing will be required to assess the $250-per-day fine requested by code officers, he said.
During the past decade, the couple has been able to legally obtain VRCs for each of the four rental units on their property. City Code Compliance Supervisor James Thomas said that the VRCs were issued to the owners despite pending code enforcement issues on the property, namely the treehouse. With legal action on the code enforcement issues complete, city leaders, on recommendation from legal counsel, denied the renewal of the couple’s four VRCs when they expired Nov. 2, 2020. In an October 2020 letter to Tran and Hazen, code officers stated that the VRCs could not be renewed by the city until all of the code issues on the property were resolved and fines were paid or otherwise settled.
As of March 17, the code enforcement fines were $198,485.17 and growing daily.
The only options to clear up the code issues concerning the treehouse are to remove it or obtain after-the-fact permits for it, according to Thomas. When city building officials determined that the treehouse didn’t meet Florida building codes and is not eligible for the permits, demolition emerged as the only option to resolve the code issues.
The couple, represented by attorney Bruce Minnick during the hearing, was brought before the special magistrate on the allegation that they are continuing to rent the units without VRCs or resolving the code issues on the property.
While Thomas said he hasn’t found advertising online for the property in the last three months, he said he has been to the property several times and observed what appeared to be rental activity. He said he gave a notice of violation to one of the owners of the property on Dec. 28.
Minnick said that due to pending litigation in the U.S. Supreme Court and courts in Florida and Manatee County, the special magistrate hearing shouldn’t even be taking place. He argued that his clients have a state license to operate the rentals and were unfairly denied the VRCs by the city after having them previously issued and renewed by the city. He said the rentals are the couple’s primary source of income, adding, “My clients are constitutionally allowed to make a living.”
Minnick also warned that if the city’s leaders decided to keep going down this path that there would be further litigation.
“The city and its attorneys are intentionally violating the constitution of the United States,” he said.
Tran and Hazen were not present at the hearing.
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