Despite earlier assurances from town officials, a couple learns they can't continue to rent their home to tourists.
By SHEILA MULLANE ESTRADA
Published October 23, 2005
REDINGTON BEACH - The rules are the rules - even if some town officials say they are not.
Tuesday, Ronald and Marilyn Riley found this out the hard way.
Two years ago, after what they felt was careful research, the Kentucky couple purchased a home here for $279,900. They spent $50,000 more to install a pool, upgrade landscaping and install furnishings.
They then began renting the property to tourists - as they said they had been told they could do by town officials and their real estate agent.
That assumption appeared to be validated by subsequent actions by town officials.
Last spring, Mayor Bob Fountaine told the couple the town would reimburse them for any rental income lost because of a storm water project on their street.
"I can assure you that should you lose any rental income as a result of the project, the Town will, of course, reimburse you for those and make you whole in that regard," Fountaine said in a letter to the Rileys.
An e-mail in May from then-Town Clerk Larry Bittner discussed an easement the town was hoping to secure from the Rileys.
In that e-mail Bittner describes the property as a "short-term rental." He also cites "assurances" given the couple that they would receive advance notice of construction "so they can notify rentals/potential rentals."
In recent weeks, however, the Rileys discovered to their chagrin that their intended investment property violates town codes.
Although the ban on short-term rental of residential property has long been on the town's books, the rule was never seriously enforced.
That was until last summer when Vice Mayor Linda Wilson pushed for strict enforcement of the ban, saying residents were complaining that tourists were disrupting their neighborhoods.
The Rileys then appealed to Mayor Fountaine and asked the commission to allow them to continue using their property as a short-term rental.
Fountaine argued in their behalf, saying the couple had "done everything right." He said the Rileys should be allowed to rent their property, and at least be allowed to honor existing bookings for the next tourist season.
"I'm acting for the best interest of the town," he said.
Tuesday, a number of residents argued vehemently against allowing any grandfathering for the Rileys.
"Short-term rentals destroy the residential structure of this town," said Dorothy Conley.
Deborah Bradbeer called on the commission to "respect" the town's charter and zoning codes.
"Stick to the law," said Todd Smith.
"Anything under 180 days is considered a tourist use and is a violation," Town Attorney Dominic Amadio told the commission.
In the end, the commission refused to extend any additional "grace period" to the Rileys. Strict enforcement of the short-term rental ban is scheduled to begin Jan. 16.
