HOLMES BEACH – The fight for compliance with city codes is still ongoing between the owners of the Bali Hai Beach Resort and city leaders. Now, the owners of the resort are going to have to pay fines until the issues are resolved.
Two cases against the hotel ownership were heard during a June 11 code compliance special magistrate hearing. One concerned work being done without a permit and the second was the operation of a bar/lounge without an approved site plan.
Though no one appeared on behalf of the owner to argue the case, the attorney for the city, Erica Augello, said she received an email from attorney Louis Najmy during the hearing objecting to Special Magistrate Michael Connolly not granting a continuance to the two cases and objecting to not being able to attend the hearing held at Holmes Beach City Hall by Zoom or teleconference. In his email, Najmy also said he had previously requested discovery by the city, which he had not received.
Connolly said he was not inclined to grant a continuance for the case, while code Officer James Thomas said he’d spoken to Najmy several times in previous weeks about the hearing and issues at the property.
In his case submittal, Thomas said he’s viewed construction work being done on the second level of a small accessory building on the property multiple times without permits since 2020. Previously, Connolly ruled against the property for completing demolition work in the same space without permits. Now, Thomas said that space has been rebuilt and is being occupied as an office without permits and without inspections to make sure the area is safe.
In addition, a bar/lounge is being used on the bottom floor of the same building without an approved site plan in violation of city codes. While the resort’s owners have submitted site plans to the city over the past year, Building Official Neal Schwartz said issues still persist with the site plan submittals. Though one was scheduled to go before city commissioners for approval earlier in 2021, the item was pulled from the commission’s agenda by the applicant to make changes. It has not yet been resubmitted to be scheduled for a public hearing.
In addition to the bar/lounge operating without an approved site plan, Thomas said he’s received numerous complaints from neighbors about noise and other issues related to the bar/lounge use on the property.
During public comment, a neighbor to the Bali Hai, Jeanetta Moss, said that since the new owners took over the property she’s had problems with loud parties, drunk people and people trespassing on neighboring residential properties.
“The Bali Hai has not been a good neighbor since the renovations occurred,” Moss said. “I hope they will be compliant and be the good neighbor it once was.”
In both cases, Connolly ruled against the resort’s ownership, requiring them to pay $127.24 in administrative fees and $500-a-day fines until the resort is in compliance with city codes in each case, resulting in a $1,000-a-day fine for the owners. He also ordered the owners to obtain after-the-fact permits for all work done without a permit, cease all operations of the bar/lounge until the property is brought into compliance and for them to schedule a public hearing for the site plan approval by the end of June with city leaders.
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