Roughly one-third of the 53 Bert Harris letters have yet to be sent by the city of Holmes Beach to homeowners claiming damages.
City attorney Patricia Petruff blames herself for the delay and said she wants all letters sent before the claims become lawsuits in the courts.
She estimates some of the city’s Bert Harris claims will transition to court in August. The Florida League of Cities is representing the city in court.
“It’s my fault,” said Petruff. “I had a death in the family so I have been behind the times. So it’s my fault.”
The Bert Harris Jr. Private Property Rights Protection Act of 1995 allows property owners to seek relief if they can prove a government action lowered the value of their property. Most claims allege property value losses resulting from the Holmes Beach short-term rental occupancy rule.
A special meeting was called July 25 for Holmes Beach commissioners to consider 16 more time-sensitive Bert Harris letters. All were approved with orders of no change, which means the city is not deviating from the terms in its vacation rental ordinance.
Petruff singled out a Bert Harris claim submitted by owner Shawn Kaleta for 121 49th St., which said 10 guests should be allowed for each side of the duplex for a total of 20, instead of a total of 12 as allowed by city ordinance. She said the claim is excessive.
“That’s an anything-I-can-think-of type claim,” Petruff said.
Another claim for 102 77th St., in which Kaleta has at least partial ownership, indicated occupancy should be 20 instead of the 16 allowed by the VRO.
The claim was denied and commissioners noted the property is being investigated for possible permit violations.
Kaleta’s Gulffront property on 77th Street has a demolition permit and three construction permits but is under a stop-work order issued by building official James McGuinness while the Department of Environmental Protection determines if seagrape trees and sea oats were illegally removed during site preparation.
“Why in the world would we even think of negotiating with the people who exceeded the permit they were given and destroyed dunes?” asked Commissioner Jean Peelen.
Holmes Beach issued multiple permits for the site, including for a pool, silt fence and home demolition, McGuinness said, to go with the permit from DEP.
The permits were issued to Gulf Front Paradise LLC principal Louis Najmy of Najmy Thompson Attorneys at Law, as title manager for the property
The 1,398-square-foot home built in 1950 last sold in 2016 for $2.2 million.
Najmy said July 21 the DEP has cleared the site of any dune destruction charges and the stop work order will be lifted.
But McGuinness said July 27 he hadn’t heard from the DEP.
DEP spokeswoman Dee Ann Miller confirmed July 28 the investigation is ongoing. The next step will be to finalize a compliance assistance offer, outlining information still needed by the DEP, including a vegetation plan, she said.
Peelen said the claim is a direct challenge to everything the commission has done in its housing regulations.
“I, as a commissioner, have no interest in negotiating, particularly with this owner, who is now under investigation by the DEP,” Peelen said.
Kaleta also was listed on a Bert Harris claim for 108 78th St., a duplex allowed six occupancies on each side for a total of 12. Kaleta requested maximum occupancy of 32 people.
The commission also approved sending “no change” letters to the following claimants:
111 81st St., no owner listed; Unit A at 118 50th St., and Unit B at 4805 Second Ave., Robert and Michele Carl; 132 50th St., Coral Escape of Holmes Beach LLC; 203 N. Harbor Drive, Coral AMI LLC; 303 56th St. (occupancy and compliance) 56th Street Cottages LLC; 306A Clark Drive, and 306B Clark Drive, 306 Clark LLC; Unit A 312 61st St., David and Dina Guedtner; and 401 80th St., Michael and Cynthia Kluiber.
The city has 150 days to respond to any Bert Harris claim, after which the clock starts on a one-year statute of limitations, according to Petruff.
The commission will next meet at 6 p.m. Tuesday, Aug. 22, at city hall, 5801 Marina Drive.