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Belleair Shore’s code enforcement on rentals stalled
By DAVE SHELTON
Article published on Wednesday, March 26, 2008 |
BELLEAIR SHORE – Elected officials were ready to file formal charges against two homeowners on March 19, but couldn’t prove the alleged landlords had received notice of the allegations.
Belleair Shore Attorney John Elias advised that he mailed notices on March 5 to the two homeowners accused. He said the notices gave them until March 20 to stop violating the city codes by offering their houses for weekly rentals.
Elias said he mailed the notices by registered mail, but had received no notice that the letters had been either received or rejected. Without that proof, he said, the prosecution should be delayed or the homeowners could argue they were never notified of the charges.
Mayor John A. Robertson produced copies of Internet pages showing both homes were still being offered for rent on the day of the Town Commission meeting. For a year the commission has struggled with these two properties that rent for up to $6,000 a week.
Neighbors have complained that the short-term tenants disrupt the idyllic peace of these multimillion-dollar beachfront estates. They have complained of late-night parties, beach litter and indiscriminate parking.
To combat these issues, the town adopted the county’s code banning rentals of less than 30 days and alerted the property owners of the town’s plans to enforce the new codes.
The property owners denied they offered the houses for rent.
Then, the town adopted a code setting up a town court to enforce its codes. Again, the property owners were warned and continued to deny that they rented the properties despite Internet advertisements that even included photos of the houses.
The two properties are located at 1280 Gulf Blvd. owned by Rhonda Hogan of Tampa, according to Robertson. The other, at 980 Gulf Blvd., he said, is owned by William Lowe.
Commissioner Richard Jordan urged Elias to continue pressing the charges against Hogan and Lowe.
“I’m for attacking it,” he said. “Not letting them thumb their noses at us as they have.”
He pointed out that, at the rental prices listed, the homeowners would look upon a possible $250-a-day fine as a cost of doing business, adding up to little against the upwards of $20,000 a-month they could earn through rentals.
Jordan suggested the town look into raising the amount of fines that could be imposed.
Elias said that if the property owners were found guilty and then convicted on a second offense, the fines could go up to $500 a day. He said that he would have the U.S. Postal Service trace his registered letters.
If he couldn’t prove the letters were received, he agreed to re-send them, this time using Federal Express. At the same time, he said, he would speak to the town’s part-time “magistrate” to set a hearing date on the allegations in case he can prove the notices were received.
According to the code establishing the town court, the magistrate or “special master” would be paid only for the time he sits in the position. It is anticipated that if the town is successful in prosecuting a case in court, the cost would be recovered in fines, Robertson has said.
Neither property owner could be reached to comment on the allegations. Neither appears to live in the area and they have no local telephone numbers listed.
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Article published on Wednesday, March 26, 2008
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