Posted on 04/12/2024 4:07:51 AM PDT by MtnClimber
A Florida judge yesterday ruled against a Lantana homeowner who faces more than $165,000 in fines for three minor code violations that harmed no one. Sandy Martinez, who is represented by the Institute for Justice (I.J.), argued that the financially crippling demand, which stems from driveway cracks, a storm-damaged fence, and cars that were parked partially on her own lawn, violates the Florida Constitution's ban on excessive fines and its guarantee of due process. But Palm Beach County Circuit Court Judge Luis Delgado granted the city's motion for summary judgment, concluding that the fines were not "grossly disproportionate."
Martinez hopes to persuade Florida's Fourth District Court of Appeal that Delgado is wrong about that. "Six-figure fines for parking on your own property are outrageous," says I.J. attorney Mike Greenberg. "The Florida Constitution's Excessive Fines Clause was designed to stop precisely this sort of abuse—to prevent people from being fined into poverty for trivial violations. The court's opinion renders those bedrock protections a dead letter. We will appeal."
Martinez's debt to the city began accumulating in 2013, when she was cited for cracks in her driveway. For a single mother with a modest income who was living from one paycheck to another, the cost of laying a new driveway was hard to manage. But in the meantime, daily fines of $75 continued to accrue, eventually reaching a total of $16,125 with interest—"far greater than the cost of an entirely new driveway," she notes in the lawsuit that she filed against the city in February 2021.
In 2015, Martinez was cited for a fence that had been knocked down by a storm. Again, the repairs necessary to bring her into compliance were more expensive than she could immediately afford. While she waited for her insurance company to pay her claim...
(Excerpt) Read more at reason.com ...
Can you really fight city hall? Many of these code violations are just revenue generation actions.
I for I - Institute for Injustice
Sounds like a rubber hose solution was ignored. Lady needs some friends.
From 2023, may explain a lot...
The pols in that neck of the woods are out of control.
Pols and bureaucrats...
Note to people moving to Florida: Caveat emptor.
And there speaks the voice of a judge that makes money from the tax-payers plus probably some money on the side from making rulings that favor the “right” individuals.
Something also says that an HOA is involved somehow.
She couldn’t take some cement and fill in the cracks? I mean it might have gotten the city off her back. And the fence could have been fixed by DIY. And move the dang cars. This woman has zero sense.
Yes, it is. This is an excuse for the city to put a tax lien against the property with the intent of foreclosure, and depriving the homeowner of any latitude of action in curing any of the outstanding violations.
All part of an ongoing program for seizure and forcing out "undesirable" residents. Would that this kind of police power be turned upon squatters and illegal immigrants.
Without seeing a picture of the driveway, its hard to judge. The driveway may be too far gone.
The “honorable” judge is Peruvian born. Naturalized, served in the military.
Guess I’m just silly and old fashioned but I like having born in the USA authentic Americans holding ALL positions of power in any branch.
I believe the Eighth Amendment of the Constitution should offer her protection against excessive fines. However, it’s worth noting that this document, being quite old, may be considered outdated in some respects.
MAGA flag in the yard?
Pay attention, this is how the government steals your property. The next step is they will record a lien of the unpaid fine on her RE title.
Since you have seen her driveway, could you post pictures of the cracks? As for the car, the story says that barely touched in the grass. They weren’t parked in the yard.
More here...
https://ij.org/case/lantana-fines/
Folks, this isn’t about a fence or a driveway.
Something else is going on.
And, gee, it looks like Florida has land banks...
Cui bono.
Appeal
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