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Marco rental committee will have another ‘final’ meeting
Committee will meet again to draft a short-term rental ordinance
KELLY FARRELL / Staff
Rental Housing Advisory Committee member George Percel keeps the conversation going about drafting a nuisance ordinance at a meeting Wednesday evening. This week's meeting was supposed to be the final meeting before sending the short term rental housing ordinance draft to the Marco City Council, however another meeting was scheduled to complete the draft next week.
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The final meeting of the rental housing advisory committee Wednesday evening, wasn’t exactly final. The committee, which is attempting to draft an ordinance to require short-term rental houses to be registered and impose fines to owners as well as renters for nuisance violations, will meet again next week.
The issue that seemed to cause the most delay in completing the draft was how to hold rental property owners and managers responsible if their renters perpetually are a nuisance to neighbors. At the same time, committee members also wanted to hold renters accountable for the violations.
Nuisance violations discussed included leaving trash out too long or overflowing into the street, illegal parking such as on sidewalks, boat trailers left out and noise.
Currently the City of Marco does not have a nuisance ordinance, but rather a nuisance violation that is somewhat vague, said Code Enforcement official Eric Wardle.
Wardle added that although he was in favor of registering rental properties, he believed that two nuisance laws on the books may just be redundant.
The board continued with their mission to target nuisance rental homes, but acknowledged another problem.
“All the discussion about rental housing has brought to light a problem we weren’t aware of in the past,” said committee member George Percel.
Percel said that nuisances by all types of residents were a problem. He reminded the committee that at a prior meeting former police chief Roger Reinke informed the members that more than half of nuisance violations were committed by long term renters and owners.
At least two of the committee members, Karen Salvi and Ken Honecker, said they lived next door to “nuisance rentals” and explained the problem is accountability when new temporary neighbors are coming in each week.
Keith Dameron explained it this way: “It’s like ground hog day. It starts all over again the next weekend with a new renter.”
Salvi said she was disappointed that the MIPD did not make reports of nuisance violations.
“The owners are always saying to me, ‘prove it.’ How can I prove it if there is no record of the complaint,” Salvi said.
Interim police chief Thom Carr said that because nuisance violations are not a crime, they do not fill out full reports, but do enter the occurrence in their computer system.
“ ... But if you give us direction of what you want us to do, we’ll do it,” Carr said.
Committee members agreed that keeping a tally of how many renters at a given property were visited for nuisance violations would allow code enforcement to hold the home owner responsible.
“If there is a consistent problem, then the rental agent or owner is not doing their job,” said committee chair Charles Kiester.
Rudy Lanzwitcz owns five properties on Marco and called himself a “responsible” landlord. In the past three years, he said only one renter violated a code by leaving jet skis in the driveway.
“I just think we need to strengthen the noise and nuisance laws that are already on the books ... I’m a responsible owner, so I’ll register my properties, but most of the irresponsible owners won’t even register their properties,” Lanzwitcz said.
The board voted 9-1 on a motion to notify property owners or managers immediately when a violation by a renter occurs; to create a nuisance ordinance that will apply to everyone, and to require Marco Police to make a report on every nuisance call. Keith Dameron was the only member opposed to the motion.
The board also voted
unanimously to approve fines
for property owners as follows: The first violation within any 36 month period would be a fine of $250; the second violation
within the same period would be $500, the third violation in 36 months would be $750 and the fourth violation within a 36 month period would come with a fine of $1,000 and/or suspension of the permit to operate a rental property.
The same violations currently begin with only a $100 fine when committed by any type of resident, short-term or long-term, Wardle said.
The next meeting will further define nuisance violations with language to amend the nuisance code in the “final, final” draft of the short term rental ordinance, Kiester said.
The meeting will be held 6 p.m., May 7, in the Community Room, 51 Bald Eagle Drive.

Comments
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WHAT PREDICATES A FINE? I have two nasty neighbors that call city code anytime one of my renters look at them the wrong way. The city should be careful in passing what this little 'book burner' club tries to get the council to pass. I see 'mucho litegation' on the horizon.
#1 Posted by gernblanstone on May 1, 2008 at 11:54 p.m. (Suggest removal)
Don't worry, this still has to be passed by the Planning Board and Council and it will never happen. This is a few people, with loud voices, trying to kill a fly with a sledge hammer.
Ed Issler
#2 Posted by lauralbi1 on May 2, 2008 at 8:56 a.m. (Suggest removal)
On the contray, don't be so sure of yourself, this isn't a few people but many who are concerned about property values and quality of life.
This is a very large fly that requires a HUGE sledgehammer.
#3 Posted by MMarco on May 2, 2008 at 12:39 p.m. (Suggest removal)
We are responsible renters that have been coming to Marco Island since 1994. We treat the home as if it is our own. If you prohibit rentals for less than 2 weeks, we will not return. And we hoped to be MI residents some day. If our rental ends on a Saturday, we have to take the trash cans outside for Monday pick-up. We don't know if another renter is coming later that day.
#4 Posted by westernny on May 4, 2008 at 7:53 p.m. (Suggest removal)
MMarco: You are living in a dream world. I assure you this will NEVER pass the Planning Commission, and certainly not Council. By the way, what has this Committee come up with that will stop the problem. The only way to stop the problem is to include clauses in the rental agreements that financially penalize the offenders for making noise after 10:00 p.m., etc
Ed Issler
#5 Posted by lauralbi1 on May 5, 2008 at 8:44 a.m. (Suggest removal)
Why are they making this so difficult? If there is a complaint on a renter (or a resident for that matter) they get 1 warning. After they get a $250 fine, if they get another, a $500 fine etc. The way they want to set it up, any neighbor can call a complaint on a renter multiple times for a "problem" and the owner will get fined. What is to stop a neighbor that doesn't want renters to keep calling in complaints wether they are warrented or not?
#6 Posted by andeck on May 5, 2008 at 9:29 a.m. (Suggest removal)
What happened to the idea of beefing up the current nuisance ordinances instead of making this a rental thing.....
#7 Posted by rlegan on May 5, 2008 at 9:59 a.m. (Suggest removal)
Another Marco fiasco... how embarrassing.
Sorry, WESTERNNY and the rest of you great folks who have chosen to make Marco your home away from home each winter.
Please, pay no attention to the handful of winers on this island.
#8 Posted by gernblanstone on May 5, 2008 at 5:49 p.m. (Suggest removal)
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