Posted on 05/03/2021 3:54:01 PM PDT by simpson96
A federal court has upheld a Florida city's decision to issue nearly $30,000 in code violation fines to a homeowner whose grass was overgrown.
Following a two-year legal battle, a judge from the Middle District of Florida ruled this week that Jim Ficken, 71, will have to pay the fines to the city of Dunedin, the Tampa Bay Times reported.
(Excerpt) Read more at nbcmiami.com ...
Someone must want the property cheap.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
When people say they want more government so they can control their neighbor’s property, this is what more government looks like
The 5th Amendment is dead in Florida, as well as most other states.
This is not a constitutional issue. You sign your life away when you join an HOA, and part of the $30K is going to be attorney and late fees. He should have coughed up $50 a week for a gardener.
OK, though this is absurd, I don’t see how the guy let it go this far. Get out the edger and trim the damn lawn!
He was ordered to attend an August 2019 Code Enforcement Board hearing, but he missed it because he was in South Carolina to manage another issue with his mother’s estate, he said. The board voted on Sept. 4, 2019, that the fines would stand.
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The martinets on the CEB should be publicly shamed.
He could use a better lawyer and some landscaping volunteers. Not much is stated about his background or circumstance. This dispute has been going on since 2015, so the stubborness of the accused may figure into it.
What we have here is a classic power struggle.
did the city mow it for him when he was out of town or unable. 71 is not as young as he used to be... He should have hired someone to mow and keep it mowed. Wonder what his property is worth now? City or someone “important” may want it... cheap.
Oooooh. The grass got over 10 inches. Oooooh.
I hope one day everyone who thinks this guy deserves a $30,000 fine is treated in like fashion.
OMG I remember when we DID NOT have to wear seat belts, could smoke AT WORK, little by little they have encroached on EVERY DAMN freedom and responsibility of governing ones self!! The only damn thing they care about is killing babies THEN it is your body your choice!!! Young people today have no idea what it is without government telling you how to live!!!
He may be on a very fixed income WHY IN THE HELL didn’t a neighbor step up and help him GEEZE!!!
While this man’s plight is entirely plausible based on what we are seeing here, I’m going to tell you from first-hand experience that this isn’t necessarily the way it played out.
Until you have had the neighbor from hell who is never at fault for anything, you don’t really get it.
I don’t think he is in HOA.
OK, though this is absurd, I don’t see how the guy let it go this far. Get out the edger and trim the damn lawn!
City wants his property!!!! overgrown lawn is bad but 30,000 dollar bad??
“The 5th Amendment is dead in Florida, as well as most other states.”
The COUNTY judge ruled against the city. The case was moved to the FEDERAL court.
This guy was not living in his house but did not arrange for lawn mowing. He was cited and told if he violated again he would be considered a repeat offender and subject to higher fines.
There is a long trail of dog ate my homework excuses, but the guy violated again. Florida law gives him the right to a hearing, which he did not attend. Florida law gives him a right to appeal, which he did not excercise.
So, he waited two years and filed a federal lawsuit claiming due process clause and excessive fines clause violations. Federal courts do not hear zoning code appeals.
He lost the due process claim because he was obviously given notice and a hearing and a right to appeal.
He lost the excessive fines claim because he did not meet the criteria set out by the Eleventh Circuit precedent.
One would think the city might have cut the fine back to something more affordable. But, reading between the lines it seems he really cheesed off the city code people by repeatedly ignoring them and failing to appear at more than one hearing.
he dindunuffin to Dunedin
“I remember when we DID NOT have to wear seat belts, could smoke AT WORK” And; didn’t need to wear helmets when we rode our bikes, and we could ride in the back of the pickup. AND, as kids we could go to the park without our parents. Sheesh, what have we given up?
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