Treehouse owners start demo process

The end of the controversial beachfront treehouse might be on the horizon.

Judge Edward Nicholas of the 12th Circuit Court oversaw a June 26 compliance status conference to discuss progress on the court-ordered demolition of the treehouse at the Angelinos Sea Lodge, 2818 Ave. E.

The treehouse was built in 2011 and has been at the center of controversy and litigation since 2013, when the city issued code violations for the structure and the property owners filed their first lawsuit.

Nicholas ruled in February that the treehouse must be demolished by July 3.

If the property owners fail to remove the treehouse by then, the city will be able to remove it at the expense of the owners after providing at least 72 hours’ notice.

However, that might not be necessary.

Attorney Fred Moore of the Bradenton-based Blalock Walters law firm represented property owners Richard Hazen and Lynn Tran-Hazen during the June 26 compliance conference.

Firstly, Moore said his clients had complied with Nicholas’ April 17 order granting the city’s motion for sanctions by reimbursing the municipality $4,040 for attorneys’ fees it incurred responding to “frivolous and untimely motions.”

Moore added that they were working in good faith toward the demolition and had applied with the city for a demolition permit that week after only recently receiving approval from the Florida Department of Environmental Protection.

According to city records obtained by The Islander, the DEP issued a permit to demolish the two-story treehouse on June 11. The permit will expire July 31.

While a permit application was submitted June 24 to the city, planning and zoning administrator Chad Minor said the application remained incomplete as of the hearing date.

The permit application lacks an estimated total value of work, detailed scope of work and a site plan, general contractor’s license, as well as signatures from the applicant and contractor, Tampa-based Allied Wrecking LLC.

Additionally, the property owners have not signed an owner consent form — which must be notarized — for the proposed work.

Moore acknowledged that the demolition “may or may not” occur by the July 3 deadline.

“I have no indication other than we are moving forward with demolishing the treehouse,” Moore said.

Nicholas asked attorney Randy Mora of the Clearwater-based Trask Daigneault law firm, who represents the city, if the city would pursue its right to demolish the structure if the property owners did not complete the job by July 3.

Mora said the city currently did not have plans to enter the property and remove the structure on its own accord after the deadline, as Nicholas’ order allows.

“At this stage, we have some indication of what we will consider to be a good faith effort to resolve this,” Mora said. “We will seek voluntary compliance that does not require the city to expend taxpayer resources to do what Mrs. Tran and Mr. Hazen are purportedly willing to do voluntarily.”

However, he added that the city was “concerned and disappointed” that the time since Nicholas’ order in April proved insufficient for the property owners to complete the demolition process.

Mora recommended scheduling another compliance status conference to discuss the demolition’s progress, at which point other resolutions could be revisited if the job was not done.

Nicholas scheduled that conference for 11:30 a.m. Thursday, Aug. 8, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.

Tran-Hazen wrote in a June 28 email to The Islander that they may host an event July 4-5 on the beach at their residence where “fans of the ‘treehouse’ can visit, say goodbye, hug the tree,” and take pictures with it.

“It will soon be gone but will never be forgotten,” Tran-Hazen said.