A Holmes Beach hearing on the tree house was over before it began.
A July 1 hearing before a city magistrate was canceled after the attorney for tree house owners, Lynn Tran and Richard Hazen, withdrew their request.
Sarasota attorney, David Levin of Icard Merrill was seeking to halt the fine imposed on the tree house owners until after an appeal.
“We believe the (circuit court) appeal will take care of the fine issue,” Tran said in a June 30 email.
In 2011, Hazen and Tran built the two-story tree house without city or state permits on the beachfront at their four-unit resort property at 103 29th St. The Holmes Beach code enforcement board in 2013 found the structure violated several land development codes — an order upheld by two courts.
Magistrate Kelly M. Fernandez May 23 ordered a $15,350 fine and $50 per day until “the day the property is found to be in compliance by the city.”
Fernandez concluded the owners failed “to diligently progress in good faith towards removing all violations or obtaining a demolition permit and removing the structure” as required by the 2013 code board order.
Tran has since met with city officials in an effort to clarify the applications necessary to retain the tree house.
Attorney Jim Dye of Dye, Deitrich, Petruff & St. Paul, the city’s attorney on the tree house matter, said he’s advised the city the daily fine will continue to accrue while the owners appeal.
Levin filed a notice of appeal May 25 in the 12th Circuit Court.
— Kathy Prucnell