Neighbors claim residential rental properties are not following Cape Coral rules

Reporter: Olivia Jean Writer: Bryanna Sterzenbach
Published: Updated:

Newest Update: On Wednesday, WINK News learned Cape Coral code compliance has requested notice of violations on all three homes for 4.1(6) uses by zoning district.

Neighbors are accusing people who rent out vacation homes in Cape Coral of breaking the rules. They say owners are allowing guests to stay for less than a week, which is against city rules.

The biggest complaint from Southwest Cape neighbors is the noise. Neighbors told WINK News Reporter Olivia Jean that groups of up to 30 people come to Cape Coral and throw massive parties in quiet residential neighborhoods.

They are fed up and said they’ve reached out to Cape Coral code enforcement but they have done nothing.

A quiet Cape Coral neighborhood faces a lot of noise thanks to 3613 SW 12th Ave, 1137 SW 37th St, and 1149 SW 37th St, all of which are vacation rental homes.

Markus Hartwich, Macy Magas and Gregg Mckee’s homes are surrounded by rental homes that aren’t following the rules. The City of Cape Coral passed an ordinance that prohibits residential rental properties from renting out shorter than 7 days.

“Nobody seems to really enforce it,” Hartwich said.

One of the neighbors has reported the homes several times to code enforcement. The email from May 28 in part reads: “This past weekend the group of approximately 20 to 25 people arrived on Friday and were here to party.  After disrupting all of the owner’s enjoyment of the weekend, they left on Monday before 10 AM.  My neighbor did call the police because of the noise.” It continued to say, “I truly hope the Cape cracks down on all these weekend rentals.  It is completely out of control not that the City of Cape Coral cares. PLEASE HELP THE OWNERS OF CAPE CORAL!”

Code enforcement did not get back. The neighbors have a message for Cape Coral code enforcement.

“You don’t have to come out here in the heat or stand out here and wait for the noise to happen. You can do it online. It’s a very easy job. Do your job. Do what we pay you to do,” Mckee said.

“We’re the residents of our neighborhood. And if we’re asking you, please to help us, it would be the best thing if you could. We’re the ones who live here every day. We’re the ones who have to deal with it,” Magas said.

“They have to step up. If we have these guidelines in the city, they have to enforce them,” Hartwich said.

These neighbors claim they’ve seen people stay much less than a week, play loud music, and have huge parties.

“You can’t sit outside and enjoy yourself. I mean, even if I sit in my living room, I have my TV off, I hear the music from these homes and that’s just not acceptable,” Hartwich said.

“If there were just kids playing and just a family group, that would be totally fine. But it’s the loud music. And it’s the loud talking, like, we can hear them inside of our home,” Magas said.

And when these neighbors say something to the loud vacationers…

The neighbors have exchanged words with the vacationers, asking them to quiet down.

“They yell right back at us. They just start screaming without even any context or anything. They’re just they get so mad at the fact that we’re asking not a hard thing,” Magas said.

“I’ve asked politely and been cursed out immediately,” Mckee said.

All three of the homes causing issues for neighbors can be found on Airbnb and Booking.com. WINK News verified that all three homes can be reserved for less than seven days.

“We’re all frustrated and fed up with it. So something has to happen,” Hartwich said.

A city representative said these houses violate the “land development code” since they are rented out for less than seven days.

In addition, the city said “There are several ways to report an issue to Cape Coral Code Compliance, including through the 311 portal, Cape Coral 311 app, phone or email, or in person during public comment at meetings. Keep in mind that a person who reports a possible violation must provide their name and address as part of the complaint. You can find more information on our website. Loud parties can also be reported to the Cape Coral Police Department.

WINK News also reached out to Cape Coral code enforcement on Monday who said the following:

“3613 SW 12th AVE no calls to CCPD for noise this property is registered as a rental no complaints have been received.

1137 SW 37th ST one call to CCPD for noise 5/11/24 not registered as a rental no complaints.

1149 SW 37th ST one call to CCPD for noise on 5/24/24. Not registered as a rental no complaint.”

Tuesday morning, code compliance officers were at all three of the homes.

On Wednesday, we found out code compliance has requested notice of violations on all three homes for 4.1(6) uses by zoning district.

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