HOLMES BEACH – Special Magistrate Michael Connolly is giving the family of one property owner time to come into compliance with city codes before facing fines, but not much time.
Connolly ruled against property owner Daniel Spitzer who stood accused of violating the city’s vacation rental ordinance by renting his R-1 zoned property for stays of less than 30 days and advertising for short-term stays. Code Compliance Officer James Thomas said the issues with the property date back to June 2016 and that he has been trying to get Spitzer to come into compliance for years.
Spitzer was unable to attend the July 26 hearing due to being hospitalized with a serious condition, however, his daughter-in-law Marissa Spitzer attended by telephone in his absence. She said that she had only recently found out about the issues with the property when she was notified of the code violation posting at the rental home by a neighbor. She agreed to work to bring the property into compliance but said it might be difficult given her location in New Jersey and lack of access to her father-in-law’s online advertising accounts.
Connolly said that she has until the end of day on Monday, Aug. 8 to remove or alter any advertising for less than 30-day rentals, get a new vacation rental certificate from the city, cancel any short-term rentals booked through the end of the calendar year and provide proof to code officers that all scheduled stays of less than 30 consecutive days have been canceled.
If the property remains out of compliance, the owner could face fines of up to $250 per day.
While Spitzer said she believes she can meet the deadline, she added that she feels it’s unfair to require residential properties zoned R-1 to be rented for a minimum of 30 days while other properties in the city can be rented for seven days. She said her father-in-law relies on the rental income from the property.
City Attorney Erica Augello said that while she understands the family’s plight, the code issues have existed on the property for years with the owner’s knowledge.
