Posted on 04/29/2021 3:32:10 PM PDT by RC one
DUNEDIN — A federal court upheld the City of Dunedin’s decision to issue almost $30,000 in code violation fines in 2018 to a homeowner for an overgrown lawn.
Jim Ficken sued Dunedin in May 2019 after the city agreed to foreclose on his home, according to court records. He and his lawyers argued Dunedin’s fines were excessive and given with no notice.
After a two-year legal battle, a judge from the Middle District of Florida ruled on Monday that the 71-year-old will have to pay up. Ficken said he plans to appeal the court’s decision.
“The city’s behavior toward Jim is outrageous,” read a statement from Ficken’s attorney, Ari Bargil. “This ruling emboldens code enforcement departments across the state to impose crippling financial penalties and it empowers them to do so without first notifying a property owner that they are potentially going to be fined.”
The City of Dunedin has defended the fines. Local officials said Ficken was a repeat code violator in 2015 — subjecting him to $500 per-day fines for future violations, such as having grass that grows taller than 10 inches
(Excerpt) Read more at tampabay.com ...
genius. pure unadulterated genius.
I salute you. death to grass.
Preposterous. If it’s that important, send a landscaper and a bill to the homeowner.
If your neighbor did this....
Plus - check out the back story on this guy. Piece of work!
I think Jeff Foxworthy covered this:
“You might be a redneck if your grass is so tall you can’t find the pickup parked on your front lawn.”
Or something like that.
Or get Bill Maher on your boots.
That’s ridiculous to accrue that many fines but maybe he should cut his damn yard already and avoid the hassle.
One would think that the Eighth Amendment would prohibit such a fine.
I looked up the federal court opinion.
The guy apparently did not live in the house for extended periods of time. But, he didn't arrange for a friend or lawn service to mow his lawn.
The guy was a repeat violator. He had been through the system and cited before. He was warned that if he had another violation he would be a "repeat violator" subject to the $500/day fines.
Sure enough, he violated again. He did not appear at the city board hearing and was found in violation. He did not appeal the violation to state court as he could have.
Federal courts do not hear state zoning board appeals. The guy alleged he had been deprived of due process. Clearly he was not. He was given a hearing he did not attend and an opportunity to appeal that he did not pursue. So, he was afforded the constitutional minimum required due process.
He also claimed a violation of the Eighth Amendment excessive fines clause, but did not meet the legal standard for a violation of that clause, either.
The root cause of all this trouble is the guy didn't live in his house but didn't make adequate arrangements for its maintenance, especially grass cutting.
It would have been appropriate for the City to reduce the fine to something the guy could pay and still keep his house, but their failure to do so is not a violation of the US Constitution.
In my home town, they mow your yard and send you the bill. It isn’t cheap, but it’s nowhere near $500. And it doesn’t get done every day.
I think they’re trying to teach him the meaning of tyranny.
Glad he’s not my neighbor. Did you see the picture?
Many in Florida are doing that too. This dude would have paid a thousand and never worry again. I think he did this to be obstinate.
Good for you. I spent two hours on the rider today and the pollen is burning my eyes out of my head.
These huge fines per day are unjust.
The city administration ought to be clogged and run out.
Too many “Americans” love conformity more than freedom; and they like having government force the neighbors to conform.
The worship of property values is disturbing.
Realtors call the best use for land whatever brings the most money.
Make em drink cement!
That’ll clog em up!
Moral of the story. If you don’t like cutting grass and don’t want to pay someone else to do it, buy a house somewhere where they don’t have a city ordinance or HOA that has grass height regulations/ordinances.
I don’t like the way some neighbors lawns, old cars, dilapidated houses look, but I figure if they pay their property taxes I can overlook it.
I have, on occasion, mowed my neighbors lawns because it needed doing. Elderly, out of town, can’t really afford a mower or lawn person. I just did it, didn’t ask permission, or take credit, or expect anything in return.
In my town, as more outsiders move in, or hearts have grown cold, I see a lot less neighborly action, and a lot more bitching, and moaning to local authorities to take care of it.
I guess I hate ceding anything to “authority” that an hour or so of good will can help mitigate.
*** Too many “Americans” love conformity more than freedom; and they like having government force the neighbors to conform. ***
The worship of property values is disturbing.
Agree with you 100%.
Meanwhile the border has illegal aliens pouring over it.
He must be on prime real estate.
Thank you for helping elders in the past and for posting common sense solutions to a problem that should never have been one. Ashame people are so cold and indifferent, especially residing in God’s waiting room.
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