HOLMES BEACH – Lynn Tran and Richard Hazen are no strangers to having issues with city leaders after having ongoing litigation for nearly a decade over their beachfront treehouse. Now, those issues are carrying an even heavier price tag.
During an April 21 code compliance special magistrate hearing, the couple was once again before Holmes Beach special magistrate Michael Connolly, this time for Connolly to assess fines over non-compliance with the city’s codes.
In March, Connolly heard a case from city code officers where the couple, owners of the Angelinos Sea Lodge, were accused of renting their four vacation rental units without a vacation rental certificate. Despite arguments from the couple’s attorney, Bruce Minnick, Connolly found that they were in violation of the city’s codes and warned that if renting of the units continued without valid VRCs they would face fines. During the April hearing, Connolly ruled that they were still in violation of city codes and handed out a fine of $125 per day from March 18 until the property can be brought into compliance. This new fine is on top of a longstanding $50 per day code fine that, as of the March 17 special magistrate hearing, topped out at $198,485.17, according to City Treasurer Lori Hill. Now that total is more than $200,000, not including the additional $125 per day along with legal fees.
Though the issue of short-term rental units without VRCs is now a code problem on the property, the primary issue is the beachfront treehouse at Angelinos Sea Lodge, which has been a point of contention between Tran and Hazen and the city for years. City leaders allege the treehouse was built without permits, not in compliance with city building codes and on the erosion control line, which is not allowed without prior authorization from the Florida Department of Environmental Protection. Tran and Hazen argue that they went to the city building department before constructing the treehouse to ask what permits they needed and were told by an employee at the time that none were needed. Practically since it was built, the fate of the two-story structure has been wrapped up in litigation.
The only way, according to city code compliance officers, to clear up the code issues on the property is to remove the treehouse and pay all outstanding fines and costs against the property. Once that is done, the owners can start the process of having their VRCs renewed by the city to rent the four vacation units.
Before Connolly made his ruling, Minnick appealed to him for leniency for his clients, saying that continuing to fine them without giving them a way to make a living was creating a no-win situation for both parties.
Litigation concerning the treehouse is still ongoing with cases before the the 12th Judicial Circuit Court in Manatee County and another before the U. S. Supreme Court to determine if that body will hear the case.
Speaking on behalf of the city, attorney Erica Augello said the two code issues were separate and have no bearing on each other except that they exist on the same property. She added that the code fines against the treehouse were not a subject of litigation. Minnick argued that they do intermingle because the VRC issues cannot be resolved without first resolving the treehouse issue and that by not allowing his clients to rent the units, the city is taking away their ability to generate income.
While he said he could convince his clients to pay the special magistrate hearing costs of $127.24, they would be unable to pay for the hefty fines attached to their property due to the ongoing code issues and would be unable to even sell the property because the code fines would be transferred to a new owner. Minnick said that if the special magistrate chose to assess additional fines and city leaders were not willing to work on a settlement agreement with his clients that litigation would continue between the two parties.
“Let my people go,” Minnick pleaded. “I’m on bended knee. Let my people go.”
In an email to The Sun after the hearing, Tran said that if the petition to the Supreme Court failed that the couple will continue to pursue all other available legal recourse.
“The city is giving us no choice, taking away our basic rights and liberty and treating us like criminals,” she said in the email.
If all legal options fail, Tran said the couple would remove all of the trees and the treehouse on their property, seek out investors, build a “monster luxury three-story multi-family wedding cake place” and sell to someone else to pay the fees and fines levied against the property.
During the hearing, Augello said the time for settlement talks was over.
The next hearing in the 12th Judicial Circuit Court in Manatee County concerning the treehouse is scheduled for May 3.
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