Clearwater board finds repeat short-term rental advertising violation, imposes $50 penalty

CLEARWATER, Fla. — The Clearwater Municipal Code Enforcement Board on Sept. 24 found a repeat short-term rental advertising violation at 234 Palm Island Southwest and ordered a $50 fine after city staff said the property was advertised for stays shorter than the local 31-day minimum.

The board took up case 96-25 after code staff presented evidence that a VRBO listing for the property showed a four-night minimum on Aug. 7, contrary to the city's rule against advertising for stays under 31 days. "This is a repeat violation," Code Compliance Supervisor Sarah Green told the board, noting the city had issued a prior declaration of violation at the property in June.

Why it matters: Clearwater prohibits advertising residential properties for fewer than 31 days; enforcement aims to prevent transient short-term rentals in residential zones and to provide a deterrent against repeat advertising.

City evidence and staff recommendation Sarah Green said notice of violation was posted Aug. 7 and the certified-mail return was signed Aug. 18. She said the online listing displayed a four-night minimum that day and that the listing was switched back to a 31-night minimum the day after it was posted. "For case 96-25, we're requesting a 1 time fine of $500 for the date observed on August 7," Green said as staff's initial recommendation.

Owner'representative response A man who identified himself as Navot Ben David told the board he admitted the violation and called it a mistake while the owners were traveling abroad. "I admit the violation. But it was a mistake. We were out of the country. And the violation was, fixed, the next day when we came back," he said. He said an employee briefly changed the listing to allow weekly stays and that the owners corrected the listing as soon as they discovered the change.

Board deliberations and decision Board members discussed the appropriate penalty amount, noting the prior declaration of violation in June but also that the owners said they acted quickly to correct the listing. Rebecca Mulder, the city's Code Compliance Manager, explained there are city costs when officers must investigate and post properties: "Anytime that an officer has to spend time to post a property, make contact, that's city resources." Board members debated fines ranging from $25 to $500 as a deterrent. The board ultimately voted to impose a fine of $50 per day for days the repeat violation existed and ordered a total fine of $50, payable within 30 days; the order specified that if the respondent repeats the violation the board may later impose fines up to $500 per day.

What the order calls for The board's order, as moved and adopted in public session, found the respondent in violation and declared the matter a repeat violation. The order imposes a $50 fine tied to the repeat violation and sets a 30-day payment requirement; it also preserves the board's authority to impose larger fines for any future repeat violations and authorizes the city to foreclose, collect, or settle a lien if fines and fees remain unpaid three months after a lien is filed.

Next steps and context The owner said the property is not the owners' primary rental business and that most bookings on the site were month-long reservations; he said the appearance of a short-term option was an employee error and promised increased oversight. The city said it would calculate administrative costs if lien reduction or exact cost recovery is later requested. The board recorded its decision on the public record and carried the motion.