Noise violation lawsuits settled
ANNA MARIA – The city of Anna Maria has reached settlement agreements with the owners of two short-term vacation rental properties that received three or more noise ordinance violation citations within a one-year period.
The City Commission approved the settlement agreements during a special commission meeting held on April 24. The commission, mayor and City Attorney Becky Vose previously and privately discussed the proposed settlement agreements during a closed-door shade meeting on April 13.
During Monday’s meeting, the commission first approved the settlement agreement with Beach to Bay Investments, the AMI Locals real estate company and Shawn Kaleta. Those three entities are named as appellants in a 2022 appeals case filed against the city in response to Special Magistrate Gerald Buhr declaring the vacation rental home at 205 South Bay Blvd. to be a public nuisance after three noise ordinance citations were issued to rental guests there within a 12-month period.
According to the city’s code of ordinances, three or more violations occurring at the same premises within any 12-month rolling period shall be deemed prima facia evidence that the premises is a public nuisance. A vacation rental property deemed to be a public nuisance could face penalties that include the potential suspension of the rental property’s city-issued vacation rental license.
According to the Beach to Bay settlement agreement, “Beach to Bay agrees that if any verified noise citation occurs on or before 90 days after April 25, the noise nuisance designation shall be reinstated to be effective for a 90-day period from the date of such verified noise citation.”
Mangos on Magnolia
The second commission-approved settlement agreement pertains to five cited noise ordinance violations that occurred during a 12-month period at a vacation rental home at 313 Magnolia Ave. The 2022 lawsuit filed by the city named the Orlando-based Mangoes on Magnolia LLC and the Vacasa vacation rental company as defendants.
The city initially sought a court order that would have prohibited any short-term vacation rental activities at the Magnolia Avenue home for one year. Under the settlement agreement, the city and Mangoes on Magnolia LLC agree that the LLC will instead be on a voluntary form of probation for one year.
During Monday’s meeting, Vose said, “If there are no further proven noise violations, then the case shall be dismissed. Basically, they’re going to be on the hook for a year. If they do have a noise violation, they are agreeing to shut down the rental for a consecutive six-week period. They won’t be required to cancel any existing rentals that are less than three months in the future, but the shutdown period must commence no later than four months after the proven noise violation.”
Commissioner Jon Crane opposed the Mangoes on Magnolia settlement agreement because the city didn’t confirm or require an advertising requirement previously proposed by the attorney representing the LLC. In response, Vose said the city’s only concern is that future noise violations are prevented.
