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Unregistered vacation rental owner faces potential fines

ANNA MARIA – The owner of a large home and smaller cottage at 714 Jacaranda Road has until Wednesday, Aug. 10 to register his vacation rentals or face a retroactive daily fine of up to $250 per day.

If the rental units are brought into compliance by Aug. 10, the daily fines will not be imposed.

If the fines are imposed, they will accrue from June 4 until the date the vacation rental home and cottage are registered with the city. If the fines are not paid, the city can place a lien on the property and collect the accruing fines if and when the property is sold.

These matters were discussed during the code enforcement hearing at city hall on July 28 with special magistrate Gerald Buhr presiding.

According to Anna Maria Code Enforcement Manager Sandy Olson, Odessa, Florida resident Yosmany Cuellar purchased the home and adjacent cottage in September 2021 and has been using both structures as non-registered short-term vacation rentals. Cuellar did not attend the July 28 hearing.

According to Olson, Cuellar was notified of the ongoing vacation rental violations on June 4 and again on June 22 and as of July 28 had not responded to the city notices or registered his vacation rental units.

During the hearing, the city sought and received from Buhr an order for Cuellar to comply with the city’s vacation rental registration requirement on or before Aug. 10, with total allowed occupancy of eight guests for the home and cottage combined. The city also sought and was granted the award of $150 in administrative fees and $15.95 in postage fees.

Olson said she was made aware of the illegal vacation rental activities by the city’s contracted online monitoring service.

She said no address was listed in the rental advertisement, but she recognized the home and drove over to confirm that the home and cottage being advertised were located at 714 Jacaranda Road. Olson said the property was being illegally rented when she made her site visit.

Olson included in her evidentiary exhibits a screenshot of an online aircover advertisement for the main home being offered to 12 guests for $1,473 per night, and reviews posted by guests who previously stayed in the house since Cuellar bought it. Olson also included a screenshot of an online aircover advertisement that offered the cottage to four guests for $285 per night, along with reviews posted by previous cottage guests.

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