Special magistrate reconsiders fines

HOLMES BEACH – This month’s code compliance special magistrate hearing was all about fines – reducing and eliminating them.

First up was a case involving 305 73rd St. and owners 305 73rd LLC. Though Special Magistrate Michael Connolly had already issued a final order imposing fines, attorney Louis Najmy asked for a reduction in fines on the owners’ behalf.

The violations found against the property in previous code compliance hearings included a dilapidated structure that the city had to secure against intrusion and engage a contractor to remove potentially dangerous building materials from the yard. The city also did not receive a timely response from the property owner, who did work outside the scope of permits.

Speaking on behalf of the city, attorney Erica Augello argued that the property has had two stop-work orders issued on it since code violations were first identified in September 2019. She said the property finally came into compliance with city codes and Connolly’s previous rulings on Aug. 31, 2021.

The total outstanding fines on the property were $51,900 plus $127.24 in administrative costs.

Najmy argued that his clients tried to work with the city but proceedings were delayed due to COVID-19 and other issues.

Connolly agreed to lessen the fines from $150 per day to $100 per day, bringing the total down to $34,500 plus the $127.24 administrative costs. Najmy said the reduction in fines should prevent the matter from being heard in Manatee County district court.

Another of Najmy’s clients, Bali Hai JV LLC, owners of the Bali Hai Beach Resort, had two matters involving fines heard by Connolly. In both cases, the city petitioned Connolly to rescind the fines against the property due to a due process issue where the hearing in which fines were levied against the resort’s ownership was not recorded. Since there is ongoing litigation in Manatee County circuit court between the resort owners and city leaders and the recording is a matter of due process, Augello asked Connolly to vacate the prior final orders and orders imposing fines in two of the nine code compliance cases against the resort. Augello stipulated that she would like the orders vacated without prejudice to allow the city to have the cases reheard and fines imposed for the alleged violations.

While Najmy said his clients do not object to the vacation of the fines, he does object to the reason for the city asking the fines to be vacated. He said he doesn’t believe that the city’s representatives were being totally honest about why they were asking for the reconsideration of the fines and final orders by the special magistrate.

Connolly ruled in favor of vacating the final orders and fines without prejudice.

The next code compliance special magistrate hearing is scheduled for Jan. 19 at Holmes Beach City Hall.