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About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (Oct. 5, 2018)
October 5, 2018 | Cannon Beach Gazette | cannonbeachgazette.com • 3A Manzanita homeowner, city reach a settlement Lawsuit alleged fines of $1.8M were excessive ‘THE GOAL WAS TO NOT PAY $1.8 MILLION. WE GOT THE RESULT WE WANTED. WE’RE VERY HAPPY.’ By Brenna Visser Kevin O’Connell, Cannon Beach Gazette MANZANITA — A prop- erty owner will no longer have to pay $1.8 million in vacation rental fines after reaching a tentative settlement with Man- zanita. Sandra Petersen, a co-trust- ee of the Kingwood Trust, which owns the home that has been used as a rental, will only pay “a modest amount” of the city’s attorney fees, said Kevin O’Connell, an attorney for Pe- tersen. In exchange, Petersen will drop a federal lawsuit that al- leged the city’s enforcement of its vacation rental ordinance was unconstitutional. In the lawsuit filed in fed- eral court in Portland in June, Petersen tried to block Man- zanita from enforcing the ci- tations, claiming the $1.8 mil- lion penalty was a violation of an attorney for Sandra Petersen BRENNA VISSER/THE DAILY ASTORIAN Sandra Peterson is suing Manzanita over $1.8 million in fines incurred from allegedly renting her home without a license. the Eighth Amendment, which protects against excessive fines. “The goal was to not pay $1.8 million,” O’Connell said. “We got the result we wanted. We’re very happy.” The legal fight generated attention up and down the Or- egon Coast, where many cities are struggling to regulate vaca- tion rentals. Manzanita City Manager Jerry Taylor declined to com- ment until the settlement is fi- nalized and approved by both parties. The City Council will need to approve the agree- ment, he said. Petersen, who lives in Washington state, said she was fined by the city for operating a vacation rental without a li- cense and for not paying the lodging tax. But she claimed she was not notified of the citations until last October — nearly two years after the first alleged violation in January 2015. Petersen believed she was not violating Manzanita’s vacation rental ordinance be- cause she only allowed family, friends and current and former trustees to stay at her home on Edmund Lane, according to a court filing. The trust took guest donations of about $50 to $65 a night for upkeep, supplies and repairs, not for a profit. “It was my belief that the use of the property by our ex- tended family members did not constitute an event that generated either registration or a tax,” Petersen said in a court filing. But Manzanita warned Pe- tersen as far back as 2009 that the home appeared to be a va- cation rental. “Your home must be reg- istered as a short-term rental in order for you to legally ac- cept money for the use of the house, even if you merely in- tend to use the money towards taxes and maintenance on the house,” a letter from the city stated. While not part of the settle- ment, O’Connell said he be- lieves “it’s been made clear” to Petersen to not take donations. Petersen does not plan to apply for a vacation rental permit ei- ther, as the city has a waitlist. If the city becomes aware of any future issues, they must be brought back to federal court, where a judge will decide if the violation is deliberate. “We don’t anticipate any future issues with the city on this,” O’Connell said. “(Pe- tersen) doesn’t want any trou- ble. It’s not going to be used like it has been.” FLOORING CCB# 205283 Luxury vinyl planks and tile. Candidates share their viewpoints with senior, disability councils By Zaira Flores Marin #)(+!'/ **+*#!% &!'#/. !+./#-/%#/-#!+) Randy Anderson 36 Years Experience “Custom Finishing” CONSTRUCTION B oB M c E wan c onstruction , inc . E xcavation • u ndErground u tiitiEs r oad w ork • F ill M atErial s itE P rEParation • r ock owned and operated by M ike and C eline M C e wan 503-738-3569 NWSDS Republican House District 32 candidate Vineeta Lower, right, meets with advisory council members. niors and people with disabil- ities,” Manesis said. “Advi- sory council volunteers also had the opportunity to share with candidates the needs of seniors and people with dis- abilities, before and after the interviews. It was a joyous occasion and a very well-or- ganized event.” NWSDS and its councils take a nonpartisan approach to ensure that the public can receive information necessary to make their own, best-in- formed decisions. The goal is to empower and educate older adults and people with disabilities, so they can get in- volved in the election process and have additional tools to aid them in electing the can- didate of their choice. To view the candidate interviews, go to bit.ly/ NWSDS-interviews. Zaira Flores Marin is bi- lingual council and volunteer coordinator for NorthWest Se- nior and Disability Services, an intergovernmental agency that contracts with the state to serve seniors and people with disabilities. She can be reached at 503-304-3451 or zaira.flores@nwsds.org. 34154 Hwy 26, Seaside, OR P.O. Box 2845, Gearhart, OR S erving the p aCifiC n orthweSt S inCe 1956 • CC48302 LANDSCAPING Laurelwood Compost • Mulch • Planting MacMix Soil Amendments YARD DEBRIS DROP-OFF (no Scotch Broom) 503-717-1454 34154 HIGHWAY 26 SEASIDE, OR LEARN BRIDGE IN FOUR EASY LESSONS SATURDAYS 2:00 - 4:00 PM Laurelwood Farm Starting Saturday October 13, 2018 (To be followed by ongoing Mini-Lessons and Supervised Play sessions) CONSTRUCTION Come play in the delightful Mary Blake Playhouse in the Seaside Library grounds; park at the Bob Chisholm Community Center, 1225 Ave A, Seaside GREAT GAME! MAKE FRIENDS HAVE FUN COST: $20. (REFUNDABLE.) Call - Sue Kroning: (503)738-7817 Cell: (503)739-0264 email:skroning@charter.net to register (or just come along) “Helping shape the character of Cannon Beach since 1973” Residential • Commercial • Remodeling New Construction • Storm Damage Repair Full Service Custom Cabinet Shop 503.436.2235 FALL IS SWEET! Visit us for all your Halloween Treats, Carmel Apples & Great Decorations! www.coasterconstruction.com • CCB# 150126 STORAGE STORAGE AVAILABLE CANNON BEACH BUSINESS PARK 10’ x 10’ Heated Downtown Cannon Beach #(#*"-.+* PAINTING www.andersonpainting.biz (Easy ,+*.+-#" 2 3470 Hwy 101 Suite 102 • Gearhart, Oregon 503.739.7577 • carpetcornergearhart.com (503) 738-9989 • Cell (503) 440-2411 • Fax (503) 738-9337 PO Box 140 Seaside, Oregon 97138 NS • O I T A C O L nt) • 2 & Convenie &!'#/.+- %+1. #$&*/ ,) 0*"2.%+1./ ,) Installation Anderson Painting Flooring Licensed • Bonded • Insured CCB# 89453 For Cannon Beach Gazette The Advisory Councils of NorthWest Senior and Dis- ability Services hosted their biennial candidate interviews forum in August, providing an opportunity for candidates running for Oregon govern- ment positions to express their views about the state’s services for seniors and peo- ple with disabilities. The taped interviews are available to view on YouTube prior to the Nov. 6 general election. The interviews included Gov. Kate Brown, Indepen- dent gubernatorial candidate Patrick Starnes, Republican congressional candidate John Verbeek, and state House District 32 candidates Tiffiny Mitchell (D) and Vineeta Lower (R), among many oth- ers. All participating candi- dates were asked questions regarding budget cuts, senior nutrition programs, and sup- port of crucial senior and dis- ability programs such as Or- egon Project Independence, as well as other topics. The interviews were taped, and the candidates’ comments and responses were not edited. The interviews of opposing candidates seeking the same office were grouped together for the broadcasts. The project was coordinat- ed by volunteers to offer com- munity members an opportu- nity to learn the differences among candidates and the views and ideas each of them had to offer. Advisory council member Steven Manesis, a Clatsop County resident and advocate in Salem for those with dis- abilities, interviewed Starnes. “The event gives NWSDS and members of the com- munity the opportunity to discover what prospective lawmakers at the state and federal level will do for se- you walk on our reputation Contact Holly at 503-436-2235 256 N. Hemlock St LAWN CARE & Seaside Outlet Mall Free Estimates • Storm Clean-Up JIM’S LAWN CARE WE CAN SHIP CANDY DIRECTLY TO YOU! CB: 503-436-2641 Seaside: 503-738-7828 www.brucescandy.com 503-325-2445 LAWNS • SHRUBS • GUTTER CLEANING BARK • BRUSH CLEARING & REMOVAL WEEDING • HAULING • MONTHLY RATES