Anna Maria is taking action against a problematic vacation rental property.
Special magistrate Gerald Buhr, an attorney with the Tampa-based Saxon Gilmore & Carraway law firm, ruled May 18 that a rental property at 313 Magnolia Ave. is a public nuisance and fined the owner $389.80 to cover administrative and court reporter costs.
The property is managed by Vacasa and owned by Mangoes on Magnolia LLC, of which Orlando resident Rajendra Patel is the registered agent, according to sunbiz.org.
Mukesh Patel, one of four people authorized to execute and file records for Mangoes on Magnolia, Rajendra being another, attended the hearing via Zoom.
City code enforcement manager Sandy Olson began her presentation to Buhr by stating renters’ activity at the property had resulted in five noise violations from June 5, 2021, to March 16, 2022.
Manatee County Sheriff’s Office deputies responded to the complaints at the rental home and issued citations to the renters in each instance.
MCSO Deputy Paul Boos and Deputy Max Penberthy, who had each responded to one or more noise complaints at the property, testified for the city.
Body-camera video from Boos’ and Penberthy’s experiences at the property also was presented, displaying loud music and raised voices audible from outside the residence.
Neighboring residents Cynthia McAnulty and John Jarmon, owners of 311 Magnolia Ave. Unit A and 315 Magnolia Ave., respectively, also testified as to the disruptive noise.
McAnulty said she’d called to complain at least five times this year because noise from the property sometimes wakes her at night. She added that she has had tenants at her property who complained about the noise.
Jarmon said he’d never called to complain but had been kept awake or woken by noise several times. He said the noise made him question whether he wanted to continue living there.
Patel said Mangoes by Magnolia would not contest the citations and had received notification about each violation, but figured it was a “bad tenant” or a “one-off” issue.
He apologized and said ownership and property management had taken steps to prevent further violations, such as adding noise level detectors.
Patel added that he’d been in contact with McAnulty — and had asked for Jarmon’s contact information — so he and the owner could address issues as they occur. He promised to work in “good faith” to prevent disruptive noise.
All five citations were uncontested and had been paid before the meeting, according to city clerk LeAnne Addy.
According to city code, a property may be declared a public nuisance if three or more violations occur on the premises over a 12-month period. Code also allows the city to seek injunctions against public nuisances as a potential remedy.
Olson requested Buhr declare the property a public nuisance and sought fines of $200, $150 and $39.80, to cover the cost of a court reporter, administrative fees and other expenses to bring the issue before the magistrate.
Buhr granted Olson’s requested fines and declaration of public nuisance. He told Patel the ownership’s treatment of the neighboring residents was “appalling.”
City attorney Becky Vose said the city’s next step would be in court and the agenda for the city commission’s next meeting includes “Litigation declared nuisance – noise violations – 313 Magnolia Ave.”
The meeting will be at 6 p.m. Thursday, May 26, at city hall, 10005 Gulf Drive. The meeting will be open to the public. Directions to attend via Zoom can be found at cityofannamaria.com.