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Magistrate finds Aspen Home Solutions violated short‑term rental limits, imposes $2,000 fine
Summary
Magistrate determined Aspen Home Solutions exceeded the city’s limit of three transient stays in a 12‑month period and fined the company $1,000 per violation (two violations) plus $330 administrative costs, despite the respondent’s counsel disputing the sufficiency of review‑based evidence.
The special magistrate found that Aspen Home Solutions LLC violated the city’s short‑term rental rules by hosting transient occupancies in excess of the three‑stay limit in a 12‑month period and imposed fines totaling $2,000 plus $330 in administrative costs.
City code enforcement presented Airbnb review activity the city said demonstrated more than three short stays in the 12‑month lookback period. Attorney Kenneth Ros, appearing for Aspen Home Solutions, argued the city had not proved transient occupancy because the record lacked reservation check‑in and check‑out dates and did not establish that each review corresponded to a separate transient stay under Florida Statute 162.07.
Magistrate Lucy Knight relied on the city’s review‑policy timing (reviews associated closely in time with stays) and the code language that defines the 12‑month period to find a violation. “I am going to go ahead and issue a fine of $1,000 per each rental for a total of $2,000 plus the $330 in reasonable administrative costs of the city,” Knight said.
Knight instructed the respondent to consult the city about permitted uses and advised that if the respondent believes the city’s evidence is incomplete, the city’s appeal or post‑hearing remedies should be pursued. A written order will memorialize the finding and fine.
