Richard Hazen and Lynn Tran-Hazen’s legal battle to save a treehouse on their property may be drowned out by fines.
Holmes Beach’s special magistrate, Sarasota attorney Michael Connolly, ruled April 21 to fine the pair $125 per day from March 18 until they obtain a valid vacation rental license through the city for rental units on the property at 103 29th St., Holmes Beach.
Hazen and Tran-Hazen reside at the property, where they also operate four vacation rental units as Angelinos Sea Lodge — and own a treehouse on the beach.
Their case began in 2011, when they built the treehouse in an Australian pine tree beyond the erosion control line and without a permit on their beachfront property.
The city found the structure in violation of the municipality’s land development code and moved for its removal in 2013, sparking litigation with the owners.
Hazen and Tran-Hazen were on the losing end of each ruling after several lawsuits and appeals in the 12th District Circuit Court over the years since.
Litigation has cost the city $184,955 and the property owners $170,000, according to the parties.
Additionally, the property owners have received more than $105,000 in code violation fines from the city.
Two circuit court cases between the parties remain open and the property owners petitioned in December to have a case reviewed by the U.S. Supreme Court.
The city and Florida Department of Environmental Protection filed responses to the petition, but the court had yet to act on the case as of April 25.
At a special magistrate meeting March 17, Connolly ordered that the pair must stop renting and advertising the vacation units until they obtained a certificate but stipulated they must pay more than $105,000 in code violation fines owed to the city before the license can be issued.
Despite the order, code compliance supervisor James “JT” Thomas said he’s monitored the property and noticed rental activity on numerous occasions.
Thomas recommended leveling a $200 per day fine from Dec. 28, 2020, until they come into compliance, as well as a $127.24 administrative fee for the continued violation.
The property owners’ attorney, Bruce Minnick, represented the pair via Zoom at the April 21 meeting and said his clients couldn’t afford the additional fines on top of an existing $50 daily fine against the property for previous code violations.
“You’re taking away my clients’ livelihood over a dispute that hasn’t been settled yet,” Minnick said. “On behalf of my client, we’re on bended knee here, asking for relief.”
“More fines will just hasten the days until my clients go out of business,” he added.
Minnick, who submitted a request for leniency the night before the hearing, asked Connolly for no more fines or “harassment.”
However, Minnick said the property owners would continue seeking retribution in court unless the city wanted to discuss a settlement.
“If this body imposes this fine on my clients today, you will have another lawsuit to deal with and we can keep on going,” Minnick said. “This stuff has to stop!”
Erica Augello, the city’s code compliance attorney, said the existing $50 per day fine against the property shouldn’t be considered along with the proposed fine because the treehouse and vacation unit violations are separate issues.
Augello added that the property owners’ petition to the U.S. Supreme Court would not impact the fines associated with the vacation units.
Connolly said the property owners were issued the final order but continued renting and advertising the vacation units and ruled in favor of the city.
Tran-Hazen wrote in an April 22 email to The Islander that the fine is another “hard-handed and ham-handed approach to squeeze us out of existence.”
She said they would continue to litigate the matters.
“Should we fail in all legal recourse, we will remove all our trees and the treehouse,” Tran-Hazen wrote. “Since the laws prohibited treehouses, we will need investors to rebuild a monster luxury three-story multifamily wedding cake place that the city allows in the city land development code and comprehensive plan.”
“Then we will sell them to grouchy buyers so we can pay the city the heavy daily fines,” she added. “The city would then be happy with the big win and succeed in getting us out of this island.”