Code Enforcement: When Revenue Trumps Equality
Apr 15
2 min read
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Local Code Enforcement Schemes. Often enough, they're flaunted as being about community-wide standards. About regulatory schemes that apply to everyone and that balance a local government's need for standards with an individual homeowner's need for autonomy and freedom from intrusion.
Unfortunately, what often ends up happening is that our cities and towns see an opportunity, under the guise of authority from Chapter 162 of the Florida Statutes to prey upon unwitting and unaware residents, using arcane and often misplaced statutory or local code language to force homeowners to either foot the bill for the work they city should be doing itself; or refuse the demands and be hit with daily fines (which turn into liens) for doing so. It's truly a have your cake and eat it too approach to governance.
The bottom line, however, is that cities are not legally empowered or authorized to force homeowners to beautify city property. Cities, however, don't always understand that. Sometimes though, they understand perfectly; and press on folks all the same.
Why? The answer is simple. Revenue...
At The Pregen Firm, we see this firsthand all the time and we are ferocious in our work to hold local government accountable. Local codes, authorized by Florida law, should not be used as both a sword and a shield. Either the code applies, and is applied properly (to everyone); or it applies to no one. Otherwise, homeowners just end up footing the bill for the aspirations of the folks they pay taxes to put in office. This is not the kind of cost-effectiveness our legislators in Tallahassee had in mind when they empowered local government to enforce code compliance.
There are ways to hold our elected officials and local governments accountable. And if nothing else, then to successfully defend against an improper code violation case. We represent many homeowners in this pursuit. One of our clients in Miami Gardens, Florida and featured in the video below from local CBS news coverage, has become an awful victim of exactly this kind of behavior.
Our client is being asked to foot the bill for a beautification project the city can't afford on its own. The city believes it will get its cake; and he will comply with their demands at his own expense; or they'll eat their cake anyway when he says No and they tag him with daily fines (read: major revenue for the city).
The only thing that works in these situations is community-wide push back. The voice of one is weak. The voice of many is deafening. It starts with you; one homeowner at a time. Stay tuned.
Good to see someone fighting back against government who too many times picks on the little guy because that’s easy!!