MINUTES OF A SPECIAL CALLED MEETING OF THE SPECIAL MAGISTRATE OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 9:00 A.M. ON THURSDAY, JUNE 6, 2019.
1.
CALL TO ORDER: 2:05 PM
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
MARGARET ARRAIZ - CODE COMPLIANCE MANAGER
MARGARET ARRAIZ - CODE COMPLIANCE MANAGER
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
4.
PUBLIC HEARINGS - CITATIONS
5.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 19-0930 VR | 2005 Mimosa Avenue | Kublitsky, Igor TELEPHONE HEARING |
Chad Dawson |
| Case Initiated:| April 11, 2019 | Type of Presentation: | Vacation Rental |
| OWNER: Igor Kublitsky 3333 Routt Street Wheat Ridge, CO 80033 |
Section 9-25 - Proof of Business activity; burden of proof on applicant
Section 9-27(B) - Doing Business without a Tax
Section 9-16 (A) - Imposed
Igor Kublitsky appeared by telephone. He was sworn in by the Clerk.
Code Compliance Manager Arraiz read the facts of the case and reviewed the process for obtaining a conditional use permit. Mr. Kublitsky went through the complete process to request a conditional use, however, he was denied by the City Commission a permit to rent for less than six (6) months. Although Mr. Kublitsky was denied the permit, there are continuous turnovers of visitors at his home. He said they were friends or relatives. She continued to go over the most recent advertising by Air B&B and submitted this reservation as City's 1. Mr. Kublitsky's attorney, Tyson Waters, objected because this printout was from a computer and there is no authenticity of who it is from. City of Fort Pierce Attorney Pete Sweeney stated the Rules of Evidence are applied to this type of hearing. Special Magistrate overruled the objection.
Vera Lozovaya was sworn in for testimony. She said this house is her neighbor and they have crowds on a weekly basis. They approached the renters and they confirmed they rented the house. Mrs. Lozovaya said it is a quiet neighborhood and there is always someone different staying there. She said it gets very noisy at this home because they are always partying. She sent an email to Charlene Adair advising her about the renters. Attorney Waters objected to this witness stating it is 3rd party and the renters are the only ones who can confirm this was a rental activity. Special Magistrate overruled the objection.
Ms. Arraiz offered into evidence City's Exhibit 2, a test where the City tried to reserve a date for a vacation rental which was approved by Air B&B. Again, Mr. Waters objected to this document stating the date of the ad was January 20, 2019 and the Notice of Violation was sent out in April. He said there was a lack of relavance to the dates showing a short term rental was taking place.
Mrs. Arraiz said Mr. Kublitsky went to the TRC meeting in December 2018 and he was well aware of the restrictions for short term rental at that time. She presented City's Exhibit 3, a letter from Vennis Gilmore, Planning Analyst for the City, stating recommendations to Mr. Kublitsky for obtaining a conditional use permit. He went to the City Commission meeting in March.
Officer Paul Velez was sworn in as a witness. He was wearing a body cam when he received a complaint about people being in the house during the Easter weekend. He went to the house and asked how the people got there and she said they were visiting for a birthday party for her mother. He asked who they were visiting and she said Igor but he wasn't there. He asked if they got the house through AirB&B. She said that's how they learned about it, they then contacted Igor, and they did rent the property. Officer Velez confirmed the video, date, and time is accurate. The date was 4/20/2019.
Anatole Klyosov was sworn in. Attorney Waters objected to the witness as he has no knowledge of the business tax receipt. Objection was denied. He said he sent a letter to Charlene Adair and read it to the bench. He said he tried to approach the people staying in the house. They did not come out to meet with him so he called the police department. He presented photos of 7 vehicles parked in front of the house. Attorney Waters objected to admitting the photos as it doesn't prove there was no business tax receipt or that renters were present. Special Magistrate Ross overruled the objection.
Charlene Adair was sworn in. She said she is a volunteer for the Code Enforcement and her main role is to do research for short term rentals. She said she takes the ad from the website and they are kept elecronically and on paper in the Code Enforcement office. Part of the ads show dates that vacation rentals are reserved. She said there are currently 2 reservations on the calendars. She checks all of the different vacation rental websites every 4 to 6 weeks. She looks at the entries for Fort Pierce and checks for the ones that are permitted. Attorney Waters asked about the ad dated January 2019 and if this was the last time she checked the ad. She said yes, but she doesn't go out and inspect the property and she does not have access to the Air B&B records. Vera gave her the telephone number for the renter and she contacted her. After talking with her and asking about the rental she received confirmation of the rental reservation from the renter.
Attorney Sweeney asked how long Mrs. Adair has been volunteering for the City and she said since 2015. She's also a member of the South Beach Association. Once people who live on South Beach notice there are other people besides the owners staying at the residences, they contact her and she checks into it. If there is a short term rental suspected she notifies the Code Enforcement division. Most of the time when they learn that short term rentals are against the city ordinance they take down their ads and cancel the reservations. If they want to continue renting, they go through the required process of obtaining a conditional use permit and their business tax receipt.
Code Complianc Manager Arraiz said there are two violations that have occurred. Mr. Kublitsky was notified to stop the short term rental, he went to the City Commission who denied his application, but he continued to rent his property for less than 6 months. Again, the City requests that a fine of $5,000, the maximum allowed for violations that are irreparible and irreversible be assessed for each violation or a total of $10,000. The City also requests an immediate cease and desist order be imposed and all future rentals be terminated immediately, with proof of termination being provided. If rentals continue without a business tax receipt, that all utilities to the property be suspended.
Attorney Waters objected to section 9-25 and 9-27 b. He stated they were not noticed of these on the notice of the meeting. He stated section 9-16 imposed was not listed on the notice. Special Magistrate Ross stated this is a minor issue and doesn't affect what the City is trying to prove. She again stated the client went through all the steps and was not granted the conditional use permit.
Attorney Waters questioned Ms. Arraiz about who went to the property for the city, inspected, and had the code officer amend the notice. She said after receiving information from Mrs. Adair she sent Code Enforcement Officer Chad Dawson out to inspect the residence and put out the notice. When they discovered all sections were not listed they amended the notice. Attorney Waters then brought up the past cases again stating the City had no right to adopt new ordinances after 2011. He said it is not up to Code Enforcement to call the violations irreparable and irreversible. Attorney Sweeney said these cases are still ongoing. Mr. Kublitsky was told to get a business tax receipt (BTR) or cease operations. He applied for the conditional use, was denied, and could not be issued a business tax receipt. He continued to operate short term rentals.
After going through the steps of what is required to obtain a business tax receipt which includes the gravity of the violation, he took action to stop the rentals, and he attempted to get the business tax receipt, he thinks the matter should be dismissed.
Code Compliance Manager Arraiz made the corrections to Attorney Waters claims about the different city code ordinances. She referred back to the code book. The City's ordinances have been in effect many years prior to the state's changing the state ordinances. Attorney Sweeney confirmed the case is ongoing. The City's ordinance is viable and it is inappropriate of opposing counsel to infer the City's ordinances are not viable.
Attorney Waters again stated Mr. Kublitsky has ceased the short term rentals and again feels the case should be dismissed. He doesn't disagree with what 9-27 (B) says but they were only cited for 9-25 and 9-16 (A). He thinks it is inequitable to punish someone with a $10,000 fine for a $41.00 business tax receipt.
Code Compliance Manager Arraiz read the facts of the case and reviewed the process for obtaining a conditional use permit. Mr. Kublitsky went through the complete process to request a conditional use, however, he was denied by the City Commission a permit to rent for less than six (6) months. Although Mr. Kublitsky was denied the permit, there are continuous turnovers of visitors at his home. He said they were friends or relatives. She continued to go over the most recent advertising by Air B&B and submitted this reservation as City's 1. Mr. Kublitsky's attorney, Tyson Waters, objected because this printout was from a computer and there is no authenticity of who it is from. City of Fort Pierce Attorney Pete Sweeney stated the Rules of Evidence are applied to this type of hearing. Special Magistrate overruled the objection.
Vera Lozovaya was sworn in for testimony. She said this house is her neighbor and they have crowds on a weekly basis. They approached the renters and they confirmed they rented the house. Mrs. Lozovaya said it is a quiet neighborhood and there is always someone different staying there. She said it gets very noisy at this home because they are always partying. She sent an email to Charlene Adair advising her about the renters. Attorney Waters objected to this witness stating it is 3rd party and the renters are the only ones who can confirm this was a rental activity. Special Magistrate overruled the objection.
Ms. Arraiz offered into evidence City's Exhibit 2, a test where the City tried to reserve a date for a vacation rental which was approved by Air B&B. Again, Mr. Waters objected to this document stating the date of the ad was January 20, 2019 and the Notice of Violation was sent out in April. He said there was a lack of relavance to the dates showing a short term rental was taking place.
Mrs. Arraiz said Mr. Kublitsky went to the TRC meeting in December 2018 and he was well aware of the restrictions for short term rental at that time. She presented City's Exhibit 3, a letter from Vennis Gilmore, Planning Analyst for the City, stating recommendations to Mr. Kublitsky for obtaining a conditional use permit. He went to the City Commission meeting in March.
Officer Paul Velez was sworn in as a witness. He was wearing a body cam when he received a complaint about people being in the house during the Easter weekend. He went to the house and asked how the people got there and she said they were visiting for a birthday party for her mother. He asked who they were visiting and she said Igor but he wasn't there. He asked if they got the house through AirB&B. She said that's how they learned about it, they then contacted Igor, and they did rent the property. Officer Velez confirmed the video, date, and time is accurate. The date was 4/20/2019.
Anatole Klyosov was sworn in. Attorney Waters objected to the witness as he has no knowledge of the business tax receipt. Objection was denied. He said he sent a letter to Charlene Adair and read it to the bench. He said he tried to approach the people staying in the house. They did not come out to meet with him so he called the police department. He presented photos of 7 vehicles parked in front of the house. Attorney Waters objected to admitting the photos as it doesn't prove there was no business tax receipt or that renters were present. Special Magistrate Ross overruled the objection.
Charlene Adair was sworn in. She said she is a volunteer for the Code Enforcement and her main role is to do research for short term rentals. She said she takes the ad from the website and they are kept elecronically and on paper in the Code Enforcement office. Part of the ads show dates that vacation rentals are reserved. She said there are currently 2 reservations on the calendars. She checks all of the different vacation rental websites every 4 to 6 weeks. She looks at the entries for Fort Pierce and checks for the ones that are permitted. Attorney Waters asked about the ad dated January 2019 and if this was the last time she checked the ad. She said yes, but she doesn't go out and inspect the property and she does not have access to the Air B&B records. Vera gave her the telephone number for the renter and she contacted her. After talking with her and asking about the rental she received confirmation of the rental reservation from the renter.
Attorney Sweeney asked how long Mrs. Adair has been volunteering for the City and she said since 2015. She's also a member of the South Beach Association. Once people who live on South Beach notice there are other people besides the owners staying at the residences, they contact her and she checks into it. If there is a short term rental suspected she notifies the Code Enforcement division. Most of the time when they learn that short term rentals are against the city ordinance they take down their ads and cancel the reservations. If they want to continue renting, they go through the required process of obtaining a conditional use permit and their business tax receipt.
Code Complianc Manager Arraiz said there are two violations that have occurred. Mr. Kublitsky was notified to stop the short term rental, he went to the City Commission who denied his application, but he continued to rent his property for less than 6 months. Again, the City requests that a fine of $5,000, the maximum allowed for violations that are irreparible and irreversible be assessed for each violation or a total of $10,000. The City also requests an immediate cease and desist order be imposed and all future rentals be terminated immediately, with proof of termination being provided. If rentals continue without a business tax receipt, that all utilities to the property be suspended.
Attorney Waters objected to section 9-25 and 9-27 b. He stated they were not noticed of these on the notice of the meeting. He stated section 9-16 imposed was not listed on the notice. Special Magistrate Ross stated this is a minor issue and doesn't affect what the City is trying to prove. She again stated the client went through all the steps and was not granted the conditional use permit.
Attorney Waters questioned Ms. Arraiz about who went to the property for the city, inspected, and had the code officer amend the notice. She said after receiving information from Mrs. Adair she sent Code Enforcement Officer Chad Dawson out to inspect the residence and put out the notice. When they discovered all sections were not listed they amended the notice. Attorney Waters then brought up the past cases again stating the City had no right to adopt new ordinances after 2011. He said it is not up to Code Enforcement to call the violations irreparable and irreversible. Attorney Sweeney said these cases are still ongoing. Mr. Kublitsky was told to get a business tax receipt (BTR) or cease operations. He applied for the conditional use, was denied, and could not be issued a business tax receipt. He continued to operate short term rentals.
After going through the steps of what is required to obtain a business tax receipt which includes the gravity of the violation, he took action to stop the rentals, and he attempted to get the business tax receipt, he thinks the matter should be dismissed.
Code Compliance Manager Arraiz made the corrections to Attorney Waters claims about the different city code ordinances. She referred back to the code book. The City's ordinances have been in effect many years prior to the state's changing the state ordinances. Attorney Sweeney confirmed the case is ongoing. The City's ordinance is viable and it is inappropriate of opposing counsel to infer the City's ordinances are not viable.
Attorney Waters again stated Mr. Kublitsky has ceased the short term rentals and again feels the case should be dismissed. He doesn't disagree with what 9-27 (B) says but they were only cited for 9-25 and 9-16 (A). He thinks it is inequitable to punish someone with a $10,000 fine for a $41.00 business tax receipt.
Special Magistrate Ross said Mr. Kublitsky went before 2 boards to obtain the conditional use permit and was denied. There were complaints by neighbors and their concern about the safety to themselves and for the people who were renting because they were groups that partied, played loud music, and were going in and out with different vehicles day and night. They didn't know how fast people drove down the road. He coached the renters to lie about renting the residence, but told them to say they were some of his friends. She would not judge the ordinances of the City because that is up to the City. It's okay as it stands. How the City handles situations, every situation is different, and it's up to them. Mr. Kublitsky knew exactly what he was supposed to do and the consequences if he continued to rent for less than 6 months but she didn't think he took it seriously.
She ordered an immediate cease and desist order be imposed and all future rentals be terminated immediately, with proof of termination being provided. She found that the violations are irreparible and irreversible and ordered the fines to be assessed at $7,500. If rentals continue without a business tax receipt, all utilities to the property should be suspended. They have 30 days to appeal her decision.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
8.
OTHER CASES
9.
NEW BUSINESS
10.
OLD BUSINESS
Meeting adjourned:
3:45 pm
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
3:45 pm
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk