Jim’s case is IJ’s latest such effort and builds directly on our recent U.S. Supreme Court victory in Timbs v. Indiana. In Timbs, the Court explicitly applied the Eighth Amendment’s Excessive Fines Clause to state and local governments. Using this new legal ammunition, IJ and Jim have teamed up to protect the property rights of all Floridians and to send a clear message to other cities that abusive code enforcement is not only wrong—it’s unconstitutional.
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In addition to the “Excessive Fines Clause” there are also likely Due Process issues since the city didn’t issue him written (or any?) notice.
Hope he wins.
Code enforcement IS illegal, is does not comply with the 5th amendment
Code enforcement is theft of your property and turning you into a slave in the process.
If you want to live in a community or development with “code enforcement” move to an HOA where you agree to the rules BEFORE you buy the house or whatever and you get a copy of the rules when you purchase, don’t like the rules, don’t buy in the community.
Towns were not suppose to have code enforcement, it fact, I can argue that it is illegal under the 5th amendment due to the fact that the property rights are being taken, and the home/land owner is becoming a slave to the state/local government. Its a rights issue.
I never received a 2,500 page code enforcement rule book when I bought my house, nor did I sign a piece of paper stating I agree with them at closing. BTW, they can change at any time and be selectively enforced.
Nothing can be less American than speed and red light cameras.
Suddenly people without a ticket or an accident in 20 years are breaking the law left and right, according to the fines they get in the mail.