Monday, March 22, 2010

Gullible small town sued!

Excerpt from Courthouse News.com:

Encinitas Accused of Illegal Vacation Tax
By TIM HULL

Encinitas charges an illegal annual $150 "short term rental fee" to discourage landlords from renting beach homes to tourists, a class action claims in Superior Court.

Lead plaintiff Chris Carrico, who owns a property management firm that rents beach houses, says the fee is an extra property tax that violates the California Constitution.

Carrico says the goal of the ordinance, in addition to collecting money for the city, is to drive out what the city perceives as rowdy summer tourists by fining landlords who can't control their tenants.

"A gullible Encinitas City Council, listening to an outspoken minority of 'locals', apparently believes, wrongly, that excessive noise, drunkenness, vandalism, trash accumulation and illegal parking is rampant in Encinitas and would not exist but for this specific type of vacationer," Carrico says.

He claims the poorly written, vague ordinance unfairly holds landlords liable for tenants' behavior. He says the ordinance exempts hotels from the same "stringent regulations and very stiff penalties" if their guests misbehave.

"The same misconduct that would be subject to fine and permit revocation when committed by a short-term visitor [less than 30 days] is not actionable under this ordinance when committed by renters of long-term rentals, hotels, or owner-residents," Carrico says.

Landlord fines start at $250 for a complaint not handled with 24 hours, and increase to $500, $750 and $1,000 for subsequent violations.

Carrico estimates the class at 200 landlords. He says summer rental income makes it possible for many beachfront homeowners to pay their mortgages.

The class seeks declaratory judgment voiding the ordinance and the fee, and their money back. It is represented by Edward Teyssier. read the rest click here

*Blogger's note - I disagree that the purpose of the $150 is to discourage people from renting out their homes in the summer. You can get big money for renting out a beach house for a week, $150 is hardly going to discourage that. My view was that all the local motels and hotels have to pay taxes, so if homeowners suddenly decide they are in the tourism business they should have to kick down some of the same taxes too.

I love this this quote: "A gullible Encinitas City Council, listening to an outspoken minority of 'locals', It's hilarious how the word locals is in scrotation marks. And, you know the council rarely folds to small groups of NIMBY's in this town so that logic is flawed. Good luck with your lawsuit dood.

A previous post about short term rentals clicky

23 comments:

  1. Vacation rentals are a blight on our town. They impact neighbors immensely. At this exact time there are two cars from the vacation rental across the street parked in front of our residence. We have to call and plead with the management to please tell the tenants to use the driveway or at least their side of the street. They think nothing of partying until two in the morning in the backyard hot tub. Then the next group moves in and it starts all over again. If you think Council or staff cares you are very naive.
    Whoever brought this scourge on us, may they rot in hell along with the owners of these businesses. The only things they care about are money and their ego.

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  2. This is yet another attempt by Chris to use Sea Bluff as her real-estate rental kingdom and god help any poor owners who actually dare to complain about renters trashing the place.

    If you look at Sea Bluff now, rental units are required to post notices that indicate the unit is a rental and who can be notified if there is an issue. Sounds like administrative issues that require a fee to manage.

    The $150 does not begin to pay for having to get the sand pumped out of the hot tubs, the pool drained and cleaned, or the inconvenience of being unable to use your own parking or trash because the tourist group that are renting the unit are actually 4 families, not one.

    I don't live there, but have seen the grief this landlord has thrown to the BOD at Sea Bluff and and damage that has been done by tenants. It's the residents who end up paying to repair the damages.

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  3. Show the devils face!March 23, 2010 8:01 AM

    Chris Carrico, who owns a property management firm that rents beach houses.

    We need to post a picture of this Chris Carrico person, so we all know what the devil looks like in our town.

    Chris Carrico is focused on selling out Encinitas for pure profit. What a scum. I hope Karma catches up to you quickly Chris, you deserve it.

    I also hope you get some really shitty renters living next to you on all sides that party like its 2999!

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  4. The lawsuit has legs, this does appear at face value to be an illegal property tax so let the system work -- a judge will take an unbiased objective view and make a ruling. As we know from experience, Sabine's legal advice isn't always correct so this could be another loser for the City. I wonder if Sabine's lawfirm is going to defend this case too.

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  5. Thank You WHEN IN ROME!!March 23, 2010 9:44 AM

    Thank you WHEN IN ROME!!

    Thank You Joe, Rosemary, Anette and Daniel and Joe Jr. Thank you for having the finest Italian restaurant this city has ever or will ever know.

    Thank You for wonderful food, service and atmosphere. A diamond on a highway of wannabees.

    You will be missed.
    The best to all, now and forever.
    Your friends and patrons.

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  6. Show the devils face! said @ 8:01 AM:
    "We need to post a picture of this Chris Carrico person, so we all know what the devil looks like in our town."

    OK: http://www.signonsandiego.com/photos/2010/mar/18/131725/
    (via http://www.signonsandiego.com/news/2010/mar/19/short-term-rental-fee-illegal-lawsuit-says/)

    ReplyDelete
  7. Chris is the DevilMarch 23, 2010 2:10 PM

    OMG- She even looks like the devil. Either that or one of the “Real Great Grandmas of Orange County”.

    I agree. I hope Karma acts swiftly and she gets heckled for the rest of her life by near by reckless short term renters.

    Chris, the scum bag sell out of Encinitas, wasting our very limited City tax money. You should be ashamed of yourself for working against a more peaceful Encinitas. I know your parents are rolling over in their grave at what a failure you've become.

    Karma baby Karma.

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  8. She looks really scary-almost like a witch.

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  9. I suspect what's on inside is even worse than what you see on the outside. What a waste, what greed.

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  10. Hey JP or KC- Can you add Chris's picture to the post. It help show the person responsible for wasting our tax money and trying to promote more disturbances in Encinitas.

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  11. Bitch. More senseless waste of our tax money. First the unions, now this bitch.

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  12. Vacation rentals are a property right property owners should be able to enjoy without obtrusive government intervention. You naysayers are probably renters and object because you want to rent the property at a reduced rate. Get a job and earn your own property.

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  13. If the short term landlord would have been more responsible and placed responsible renters we wouldn't need the government to baby sit the Devil and the other sell outs. Your just as bad or worse than the jackass that leaves poop on Beacons trail or flicks their cigarette butt on the streets so they all end up in our Ocean.

    Scumbags.

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  14. I never post, but I think it's really sad how quickly people on this site descend into infantile name calling.

    Unlike most of you--who simply want to bitch & moan about the city and the board majority--Chris Carrico actually made the (considerable) effort to challenge the city over what is, arguably, an illegal tax; and she was joined in her effort by 200 other property owners.

    Whatever you think of the merits of her case, she deserves a little credit for not simply allowing herself to be steamrolled by the city.

    If we had more like her, maybe a lot of things that have happened in this city over the past decade would have been stopped.

    I love Leucadia Blog, but this is just pathetic.

    Joe Sheffo

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  15. GO POUND SAND SHEFFO. NAME CALLING IS THE TEA PARTY WAY.

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  16. I'll amend my comments to entertain the possiblity that the proponents of the tax are also using the site to bad-mouth Carrico.

    No surprise there. Those folks only understand ad hominem attacks.

    Either way, no class.

    Joe Sheffo

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  17. Failure to LaunchMarch 24, 2010 3:43 PM

    Whatever Joe. Waite until the devil buys and rents out the houses all around your parents house to partiers. You will lose your precious sleep and be just as grumpy as the rest of us who live next to short term renters.

    So go blow Joe. Until you live next to a short term rental you have no room to talk. Until then, enjoy your peace at your parent’s house.

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  18. This discourse is really scary. It isn't the oppositional stance but the implied violence. Something is broken when one or two people can spam hate and encourage personal attacks on a local -- or any -- blog. I suspect that certain groups hire people to monitor blogs and create these devisive posts. There does need to be some moderation. These people are well organized and relentless, but that doesn't mean they are proponents of our Constitution. Good for you Joe Sheffo by taking a stand against tea party BS...the real tea party was about taxation without representation...but as we see, reality means nothing to hate mongers who kidnap historical icons to legitimize unlawful actions.

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  19. Bondii is part of the problemMarch 24, 2010 10:43 PM

    Bonddi-

    What a weak statement. I bet you are getting some government pension or subsidy. You always post useless shit.Prove me wrong.

    There is no violence promoted beyond your own consequence working its magic on your own mental integrity.

    You are part of the problem and your own guilt will be your down fall. You know you are part of the problem.

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  20. If we didn't have this weak government, if some lame brain short term rental property owner rented to some irresponsible short term tenant, we could take care of matters. That can't happen with today's laws because we will wind up in jail. Hence the need for the fee on short term rentals. Otherwise the devil would have to take ownership and be responsible for her action in the common sense manner. Chris is the devil to Encintas and Joe is a weak suck ass.

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  21. This could have been avoided if the city attorney and staff could write policy properly.

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  22. This witch has ruined Sea Bluff and Encinitas,KARMA will prevail!

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