[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6273894,"mediaKeyId","2997146-6ca8848ce5272e131ea39e57f74cc8f3","parentId",2997146,"title","Magistrate takes Bayside Shops short‑term rental motion under advisement; declines constitutional challenge","audioSeconds",3303,"startMs",4850000,"endMs",8153000,"viewUrl","/Search/View?dp=1&key=2997146-6ca8848ce5272e131ea39e57f74cc8f3&start=4850&end=8153","thumbnailUrl","https://assets.pipeline.soar.com/2997146-6ca8848ce5272e131ea39e57f74cc8f3/thumbnail_4850000.jpg","articleUrl","/articles/6273894/St-Pete-Beach/Pinellas-County/Florida/Magistrate-takes-Bayside-Shops-shortterm-rental-motion-under-advisement-declines-constitutional-challenge","mediaUrl","https://secure.pipeline.soar.com/6273894-2fd6d3d429611199768b6ffd2a1e782b/orig.mp4?Expires=1771182943&Signature=BnvXkKtc5OOdOifjVyIMmvH8LjCV0TCD2l6BfEXmcAHesUSKGgyWLz-dhlkPQV2fVVES1GnWBifoXgiy7mBSa7oUzTSR9nUkkbtdCC3GzLTkhDh5bfzVV3Gs0td7eGoGLtNUgffl541p5kmrZW49KPFGGNNskmM559nGKcJ823j2njwkKv57AAA~b~VuOc43XslYX1PEXk9WuMquaX-p9Q5CWHy-3Ts0YiL1B10deiUqdxHwzRhu7WAk8DxjI1ZfYDFJhSiDN5ZmOZnTJzkYTbyXplvJ0BoIH9tIZNnF~ljZM7LxhU5iu-mgy-CtlB2a0kfR8zBG04fW1LQbYMDBPw__&Key-Pair-Id=KUT5TJCACFTXG","author","City of St. Pete Beach, FL","date","2025-04-15T20:05:18.177Z","article","A special magistrate hearing resumed with Thomas A. Thanos presiding on the City of St. Pete Beach’s enforcement case against Bayside Shops LLC (5501 Gulf Boulevard). The respondent’s attorney moved to dismiss on the grounds that the city’s short‑term rental enforcement seeks penalties for conduct that was not “irreparable or irreversible” as required for an accelerated hearing under Chapter 162 and the city code; the magistrate took the motion under advisement and set the case for further consideration.

Attorney Jim Denhart for Bayside Shops argued the code’s use of the terms “irreparable” and “irreversible” is vague and that the city had not provided the required notice and an opportunity to cure before pursuing the accelerated process. Denhart said the advertised short‑term rentals had been stopped the day after the notice and that the property owner did not have prior knowledge of the rentals.

City counsel and code enforcement staff argued that short‑term rental violations are transitory, the city treats them as serious public‑welfare‑adjacent matters and that prior magistrate rulings established a practice of treating such cases under the irreparable/irreversible standard. The city said it has evidence of multiple short‑term rental occurrences (the record lists 33 instances in the packet) and sought a remedy that could include fines for those past incidents.

The magistrate ruled orally that the constitutional vagueness challenge failed and stated she did not find the instant matter to be an irreparable/irreversible case on the record before her; however, she also said the case record contains evidence of short‑term rental transactions and took the matter and the motion to dismiss under advisement. She instructed staff and counsel to confer about scheduling and said she would set a future hearing if proof beyond the submitted materials is necessary.

The magistrate invited the parties to prepare for a possible contested hearing on penalties, noting that evidence about the frequency and duration of rentals, and the property owner’s knowledge or lack of knowledge, would be material to any penalty determination. No final penalty or dismissal was entered; the hearing was continued for future scheduling and possible evidentiary proof if needed.

Ending: The motion to dismiss was taken under advisement; the magistrate will either schedule a future hearing for proofs or issue a written ruling based on the record.","mediaType","Video","parentTitle","Special Magistrate - Code Enforcement - April 14, 2025","oneSentenceSummary","A motion to dismiss a short‑term rental enforcement action against Bayside Shops LLC was argued Monday and taken under advisement by the presiding special magistrate, who ruled the city ordinance is not facially unconstitutional but reserved final disposition.","taxTitle","St. Pete Beach, Pinellas County, Florida","taxId",48406,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6273899,"Special magistrate finds dune disturbance at Sunset Way; remedy deferred pending legal proposals",2730,822000,3552000,"/Search/View?dp=1&key=2997146-6ca8848ce5272e131ea39e57f74cc8f3&start=822&end=3552","https://assets.pipeline.soar.com/2997146-6ca8848ce5272e131ea39e57f74cc8f3/thumbnail_822000.jpg","/articles/6273899/St-Pete-Beach/Pinellas-County/Florida/Special-magistrate-finds-dune-disturbance-at-Sunset-Way-remedy-deferred-pending-legal-proposals","https://secure.pipeline.soar.com/6273899-57b751bc5058639509ca9752128e31b1/orig.mp4?Expires=1771182943&Signature=XDq3nGlxr37GE-DYA4iNmRHBUHRSZkmwW7mNviO7xSJB8tzH8vgyPN-PVqscbq8FRQ4M85TVcsxkKShenol0HMFNEhrx9j~KfZYF5B~Eo5mWWF6knbEDfjVVcqHhpwcID8l9A5nP8NnJEiix9HAI25r3f6YoETY~sFHsv1rbBSnbx48xMzjJwoohEETJ4sS5m0UeMSmgiNbc0KcP71x-x8sQ3YuQugRm9xZPFQSbWpVIqK4XxCgTp2XI-td01f5yLIoFMfHcgAjay3xBRYFzWVQo~wveJFTsMRCRAXwvvB1EZyq6XEbpS5jl-gmdwkv1UVTpudqnzbibB4hxUGgA9g__&Key-Pair-Id=KUT5TJCACFTXG","A special magistrate for the City of St. Pete Beach found on record that work that moved sand through the dune system at 2500 and 2502 Sunset Way occurred without the required permit, but she stopped short of declaring the damage irreparable or irreversible and gave the parties time to propose a way forward.

The finding came after the city presented photographs and a repair estimate and after testimony from the property owners’ expert, Britney Banco, a senior ecologist with Verdantus LLC, who testified that: “based on my physical inspection of the dune at these properties and my professional experience… the dune system has not been irreparably or irreversibly damaged by human activity.” Bancó also testified that natural forces and vegetative recruitment had largely restored the dune system to conditions consistent with post‑storm measurements.

City code enforcement officer Ayako Rakochelle said the city’s inspection showed vehicle track marks, use of mechanized equipment and suppression of vegetation at the dune, and presented an estimate prepared by Camden Mills, the city’s public services director, to restore the dune. Rakochelle told the magistrate the city’s recommended remedy included fines of $5,000 per violation (the maximum the code allows) and a $6,966 repair estimate per property (the estimate was prepared as a combined figure for both lots and then divided).

Attorney George Grambling, representing the property respondents, said his clients were not contesting that a permit was required and that they had been trying to resolve the matter. He introduced the contractor’s Facebook post and argued the property owners acted in “good intentions” after the storms, citing a city social media post the owners relied upon.

Special Magistrate Erica Augello said she found a violation of the city code section requiring a permit to conduct the work and found the evidence did not support an irreparable or irreversible classification. Augello said she was constrained by Chapter 162, Florida Statutes, and by the city code when fashioning remedies, and that because the city had presented evidence of a means to abate, the violation could not be labeled irreparable. She ordered that the parties each submit within seven days legal authority and proposed resolutions or proposed fines for the magistrate to consider and said she would issue a written order and (if needed) an amended order after reviewing submissions.

The magistrate also declined to assess daily running fines or authorize the property owners to re‑enter the dune to perform restoration work immediately; instead she required the permit process and review by appropriate regulatory agencies (including FDEP if required) be followed before abatement that affects the dune would proceed.

The magistrate’s order will set follow‑up steps and provide an opportunity for the parties to propose a final remedy or settlement; she said if the parties reach a settlement before she issues the amended order, they should inform the office so the matter can be closed without further hearing.

Ending: The magistrate’s written order will be issued and the parties have seven days from that order to submit legal authority and a proposed resolution. If no settlement is reached the magistrate indicated she would amend the order to specify a final remedy or penalty after reviewing the parties’ submissions.","A St. Pete Beach special magistrate found that work using mechanized equipment had excavated a dune without a required permit at 2500/2502 Sunset Way but declined to classify the damage as irreparable or irreversible and reserved the remedy, asking parties to submit legal authority and a proposed resolution within seven days.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6273886,"Code enforcement records compliance on driveway and dumpster permit cases; administrative fees assessed",104,648000,752000,"/Search/View?dp=1&key=2997146-6ca8848ce5272e131ea39e57f74cc8f3&start=648&end=752","https://assets.pipeline.soar.com/2997146-6ca8848ce5272e131ea39e57f74cc8f3/thumbnail_648000.jpg","/articles/6273886/St-Pete-Beach/Pinellas-County/Florida/Code-enforcement-records-compliance-on-driveway-and-dumpster-permit-cases-administrative-fees-assessed","https://secure.pipeline.soar.com/6273886-86e6605ec54b7e1970c5f13f0ffdf299/orig.mp4?Expires=1771182943&Signature=GssytJUdJ4vPVE5yYbW6~3hoP1KMMBgWf82J4nPR7RpDOHSA-SmLBKwCKmfck5tX2csyKXsUgMiXOMOMxeNhixkIt7VUMmjwMkBffO38QAJsjlt07ljgpdCpASGSL5uSaOhUxbII5VJ1pbFOeCsnBa0bRRD82D2rK3XxOP6ebyaIm-sL5zoQacnQYExtaF9Sqc6zuhaki9wM5QebUqFdXtEDIIeMZElhBRVBDCy30mC5r0YAX~94reVG6BYOFD4lYeYg0npP~qbkEKkrbcpJBHc-eljpnhR94yrmFJBjSQElnwVzBdBtUiYy8QKaqlVUkakMepx5hpA4K9X1TpbMQA__&Key-Pair-Id=KUT5TJCACFTXG","At a special magistrate hearing for the City of St. Pete Beach, the magistrate found two separate code enforcement matters in compliance after the respondents obtained the required permits and assessed administrative costs.

Steve Rivera, City of St. Pete Beach code enforcement, reported that the respondents in case 20240089 (Patrick Thomas McNulty and Annette Weiss McNulty) had secured the required driveway permit. Rivera told the magistrate the city would not seek fines but requested $330 in administrative costs. The magistrate found the property in compliance and ordered assessment of the administrative costs.

In a separate matter, code enforcement reported that 1008 Airport Road LLC had obtained a dumpster enclosure permit and was in compliance; the city requested $329 in administrative costs and no fines. The magistrate found that property in compliance and assessed the $329 administrative fee. In both matters the magistrate said she would monitor compliance with the permit timelines established by the building department and noted staff could return the case to the magistrate if permit inspections or compliance terms were not met.

Ending: Both properties were found in compliance; the magistrate ordered payment of administrative costs and left open the city’s ability to return the matters to enforcement if permit terms are not followed.","Two status hearings found property owners had obtained required permits: McNulty (driveway permit) and 1008 Airport Road LLC (dumpster enclosure permit). The magistrate found both properties in compliance and assessed administrative costs ($330 and $329 respectively) but did not impose fines.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6273889,"Magistrate reduces lien for David Tucker; fine cut by $500",685,3789000,4474000,"/Search/View?dp=1&key=2997146-6ca8848ce5272e131ea39e57f74cc8f3&start=3789&end=4474","https://assets.pipeline.soar.com/2997146-6ca8848ce5272e131ea39e57f74cc8f3/thumbnail_3789000.jpg","/articles/6273889/St-Pete-Beach/Pinellas-County/Florida/Magistrate-reduces-lien-for-David-Tucker-fine-cut-by-500","https://secure.pipeline.soar.com/6273889-5143f77c2a7627e659c10b9c827d535c/orig.mp4?Expires=1771182943&Signature=H11P8F61UmS8Ze9lgNLP0fBZuGsk4cU5D43qskhw3ejLBk2o8ty1S586pvWkQN0tZ9ZbyHHyW7yJQcZ-jXCyktZHG5nx0uDNaN3aO7QIk~lCnmKj2k5QdiV3o~lJIogrl2Z96dEXbILUnXTTP8fc9xFQI~H87OsZH6JnqNFjjpxvtOY~gk8ZRS4fv2VwoHzQuwcO9malrsBoKpvAsEubPLJ6WRVCX6S53Xdj9ljdHgabHOb9DLYDRXSyIJxoCAPacZ2k28aJ~DTPP4VhCCn4TDuhs3uZOeWHoczr1pbW98P5h0-dtAmqYGQEjh-YUM-B5itj1fEMecCItKlowDZgcg__&Key-Pair-Id=KUT5TJCACFTXG","Special Magistrate Erica Augello granted a lien reduction request for David Tucker, lowering fines originally imposed for code violations. The order reduced the total fines from $3,000 to $2,500 and confirmed $330 in administrative costs, with the magistrate explaining she considered storm damage evidence but was not persuaded to reduce the fines further given post‑storm rental activity.

Code enforcement manager Pete Dewar presented the city’s position that the property had not sustained substantial damage as determined by the city building official and that the original fines should stand. Dewar noted the city’s file did not show substantial repair permits for the property and that rental activity occurred after the storms.

David Tucker provided a notarized sworn statement of loss and claimed approximately $135,000 in damage to the property, describing roof lifting and water damage that he said required removal of roofing and would reveal additional hidden damage.

The magistrate said she recognized the property owner’s storm damage claims but noted the record showed portions of the property had been rented after the storms. Weighing equity and the facts in the record, she reduced the assessed fines by $500 and confirmed the requirement to pay $2,500 plus $330 administrative costs, payable within the period stated in the magistrate’s order. If not paid by the deadline, the order noted, fines could revert to the original amount.

Ending: The magistrate ordered the reduced lien amount and directed staff to issue the written order and send it to the property owner.","A St. Pete Beach special magistrate granted a partial lien reduction for property owner David Tucker, reducing fines from $3,000 to $2,500 and confirming a $330 administrative cost; magistrate cited storm damage and post‑storm rental activity in mitigation but did not reduce fines further.","actionData","errors"]

Article not found

Magistrate takes Bayside Shops short‑term rental motion under advisement; declines constitutional challenge

Special magistrate finds dune disturbance at Sunset Way; remedy deferred pending legal proposals

Code enforcement records compliance on driveway and dumpster permit cases; administrative fees assessed

Magistrate reduces lien for David Tucker; fine cut by $500