The Holmes Beach code compliance department is looking for resolution.
At an Aug. 19 teleconferenced hearing, special magistrate Michael Connolly, an attorney appointed by the city commission, heard a list of cases — several consolidated due to the same owner — dealing with ongoing code compliance violations.
When compliance is not achieved, the city calls on a special magistrate to rule on alleged violations and, if necessary, set fines and fees.
Erica Augello, an attorney with Trask Daigneault law firm of Clearwater, represented the city.
Attorneys Louis Najmy, Jason Miller and Aaron Thomas, all of the Najmy Thompson firm of Braden- ton, represented the respondents.
Code compliance supervisor JT Thomas presented the cases, with assistance from code officer Robin Evangelisto.
Bali Hai
The owners of the resort property at 6900 Gulf Drive, Bali Hai JV LLC, were cited for work done without permits and alcohol sales without an approved site plan.
A January inspection by Thomas and city building official Neal Schwartz, based on a complaint of unpermitted work, determined that contractors were working beyond the scope of the permits. Schwartz said it appeared two units on the property were being remodeled without a permit and a storage area was being converted to a bar. A stop-work order was posted.
Additionally, the property owners opened a bar for guests — a change of use triggering a site plan review, according to city — and advertised the lounge with unpermitted signs.
Najmy argued the city allowed the bar for guests and a site plan was under review. He also questioned the necessity of permitting for some of the work and cited miscommunication on behalf of the city.
Connolly ruled there was a violation of a change in use of the storage/bar area without an approved site plan and the signage implied the resort planned to serve people other than hotel guests.
He also found some remodeling work was done without a permit, in violation of the stop-work order.
Connolly gave the respondent 30 days to secure permits and commence work, as well as 30 days to obtain approval of a site plan.
He imposed a cost of $127.24 for each case and said a hearing on fines would be set after compliance is achieved.
305 73rd St.
The property owner, 305 73rd St. LLC, was cited first in December 2019 for an unsafe and dilapidated structure.
According to the code report, doors were missing, windows were broken and building materials were strewn around the property, creating potential safety hazards.
Schwartz testified that the property was boarded up Aug. 3, at the city’s cost, after the owner did not respond to the notice.
Additionally, the property was permitted for roof work, but Schwartz observed work on the property that exceeded the scope.
Connolly ruled the property was in violation and must be corrected. He found the respondent had until Aug. 21 at 5 p.m. to remove building materials from
the property and 30 days to secure permitting and rehabilitate or remodel the structure.
He said a hearing will be scheduled to determine a fine. The owner was charged the fee of $127.24 and the cost for securing the property would be assessed at a future hearing.
Anna Maria Island Inn
IDK Inc. of Holmes Beach was cited for three violations, including work done without a permit, an invalid vacation rental certificate and a zoning violation on the property at 3501 Gulf Drive. A stop-work order was posted July 9 at the property, but Thomas said work continued and a second stop-work order was issued.
Connolly ruled the property owners were in violation of the stop-work orders and lacked a vacation rental certificate in the owner’s name. He directed the property owner to remove signage that stated rentals are available for less than seven days and said the units could not be rented until a valid certificate was obtained.
The owner was given 30 days to secure permits, complete work and demolish units below base flood elevation and was charged $127.24 for each of three cases.
Blue Water Beach Club
The property owner, Blue Water Resort AMI LLC, was cited for work without a permit at the Blue Water Beach Club, 6306 Gulf Drive. Upon inspecting the property in May, Schwartz determined the resort placed cabanas with electrical hook-ups on a deck constructed within a setback.
Schwartz said he must determine if the cabanas are permanent or portable. If the structures cannot be moved, a site plan and permits would be required. If portable, they must be removed from the setback area.
Connolly ruled there was a violation of the electrical work and decking on the property and provided 21 days for the owner to apply for a permit. Meanwhile, the city can determine if the structures are permanent.
The next special magistrate hearing will be at 10 a.m. Thursday, Sept. 14, at city hall, 5801 Marina Drive.