Showing posts with label zoning. Show all posts
Showing posts with label zoning. Show all posts

Thursday, August 1, 2019

FL woman fined $100K for home she left in 2011

Excessive fines? Florida city hits homeowners with massive penalties - Kristine Philips, USA Today:

June 19, 2019 - "Kristi Allen read the letter and thought it had to be a scam. It said she owed $92,600 in fines for overgrown vegetation and a stagnant swimming pool at a house she no longer owned. She must pay in two weeks, the letter said, and it hinted that she could be sued if she didn't. Including interest charges and other fees, her debt swelled to $103,559, about twice her yearly income.

'Three months later, in late 2018, the city of Dunedin sued to collect, setting off another legal fight over how local governments use their power to impose heavy fines on citizens....

"Dunedin, a small seaside city outside Tampa, cracks down on code violations, saddling homeowners with massive fines while its revenue grows. In 5½ years, the city has collected nearly $3.6 million in fines – sometimes tens of thousands at a time – for violating laws that prohibit grasses taller than 10 inches, recreational vehicles parked on streets at certain hours or sidings and bricks that don't match.... The city fined a man nearly $30,000 because of a 'chronic' overgrown yard. It fined a couple $31,000 for fixing their roof without a permit after a tree fell on it during a hurricane....

"Allen moved to Dunedin in 2005 to be with her boyfriend, Keith, who later became her husband. She bought a bungalow-style house on the same street where he was raised.... Then the financial crisis hit. Allen ... took a pay cut and lost her house in the wave of foreclosures that washed over Florida. She signed an agreement with U.S. Bank National Association allowing the foreclosure and moved out. She thought Dunedin was behind her.

"In early 2014, three years after Allen moved out, a code inspector came to the house, which had been vacant. Brown palm fronds littered the overgrown backyard. A neighbor told the inspector that something dead may have been rotting there. The swimming pool had turned into a bright green, mosquito-infested cesspool.

"City officials sent notices of the problems to Allen, who was still listed as the homeowner in county property records. Then they started fining her $100 a day. The letters mailed to Allen were returned undeliverable with no forwarding address. The city kept fining her anyway.... Her name stayed in property records because the foreclosure was not finalized until late 2014. By then, the city had been fining Allen for several months.... The daily fines continued for the next two years until a code inspector visited the house again and saw it had been cleaned and renovated....

"In Florida and elsewhere, unpaid fines can be attached to someone’s property through liens. That allows cities to foreclose and take the property to collect what they’re owed.... Dunedin expects to make a little more than $1 million this year from fines and forfeitures. That’s about five times as much as the city made a decade ago."

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Monday, July 22, 2019

Mow your lawn or lose your home in Dunedin FL (video)

Stossel: Mow Your Lawn or Lose Your House! – Reason.com - John Stossel:

July 9, 2019 - "Jim Ficken left his home to take care of his recently deceased mother's estate. While away, the man he paid to cut his lawn died. The grass in Ficken's yard grew more than 10 inches long.

"The City of Dunedin has an ordinance against long grass. The Florida city fined Ficken $500 a day. Over time the fines added up to almost $30,000.... Ficken doesn't have $30,000, and now the city wants to foreclose on his home.

"Ficken's lawyer, Ari Bargil of the Institute for Justice, points out that the city could have 'hire[d] a lawn service to come out and mow the grass, and send Jim a bill for 150 bucks, but they didn't do that.' The reason, says Bargil, is that the city 'wants the money. Code enforcement is a major cash cow for the city.' Dunedin collected $34,000 in fines in 2007. Last year, the fines ballooned to $1.3 million.

"Bargil argues Dunedin's big fines violate the 8th Amendment. That protects us not only from cruel and unusual punishment but [also] from 'excessive fines.' Stossel agrees. What's more excessive than politicians taking your home because you didn't cut your grass?

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Monday, July 8, 2019

Florida legalizes front-yard vegetable gardens

After 6-Year Fight, Florida Couple Wins Right to Grow Veggies at Home – Reason.com - Billy Binion:

July 5, 2019 - "Vegetables are ugly. Or at least that's the view of the officials in Miami Shores, Florida, who implemented a ban on front-yard vegetable gardens at residential properties in 2013. The ordinance forced Hermine Ricketts and her husband, Laurence Carroll, to uproot the garden they'd maintained for nearly two decades.

"Now they can start planting again: The Florida legislature has passed a bill shielding vegetable gardens from local prohibitions. "After nearly six years of fighting…I will once again be able to legally plant vegetables in my front yard," Ricketts said in a statement. "I'm grateful to the Legislature and the governor for standing up to protect my freedom to grow healthy food on my own property."

"The Institute for Justice filed a lawsuit on Ricketts' behalf in 2013. Florida's Third District Court of Appeals upheld the ban, and the state's Supreme Court declined to hear the case. So Ricketts and the institute lobbied the legislature, and it passed a law effectively invalidating the local ordinance. Gov. Ron DeSantis signed it last week.

"How were city commissioners able to pass the rule in the first place, much less get it past an appeals court? It was billed as a zoning regulation, which cities have near-unlimited power in implementing. The Florida League of Cities opposed Ricketts' efforts until the end, arguing that code enforcement is an essential tool for maintaining a town's aesthetic. They also didn't like the idea of a state government preempting measures adopted at the local level.

"Ricketts now uses a wheelchair and has suffered from a litany of health issues in recent years, which she blames on stress induced by the legal battle. She's hoping that a little gardening might be the medicine she needs."

Read more: https://reason.com/2019/07/05/after-6-year-fight-florida-couple-wins-right-to-grow-veggies-at-home/
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Saturday, September 29, 2018

FL couple wins fight to paint house like Van Gogh

Couple Wins Fight to Keep Their House Painted Like Van Gogh's Starry Night to Soothe Autistic Son - Foundation for Economic Education - David Gornoski:

August 27, 2018 - "Mt. Dora, Florida, ... is an artsy little hamlet known for its murals and art festivals. A year ago, Nancy [Nemhauser] and her husband Lubomir decided to paint their house wall in an interpretation of Vincent van Gogh's famous Starry Night painting. They had no homeowners association, they checked with city code and no issue was raised. Yet after they painted it, they received a city citation claiming the wall art was graffiti — that the wall had to match the color of the house. So the couple decided to paint the whole house to match to avoid any issue.

"This gesture ... was not received well by the city magistrates. They began to issue rolling hundred dollar fines for every day the Nemhausers failed to comply with their demands.

"Nancy and Lubomir commissioned the mural as a gift to their son, who has autism. They found that the Starry Night painting was a particular source of comfort and fascination for the young man. Also, in instances in which he might get lost from home, his difficulty in communication could be overcome by saying 'the Van Gogh house' to a person looking to help.

"If I do not like the color scheme of my neighbor's house, do I have a right to come to their door and demand that they pay me a hundred dollars a day until they fix it? If they resist long enough, can I bring men with guns to force them out of their home? Such behavior sounds insane. Because it is.

"However, when we form groups, we start to think we can get away with doing really insane or cruel things. Toxic groupthink can be playground bullies mimicking a child's unique speech pattern. It can also produce groupthink in governments that maintain the right to do things they would find abhorrent to do individually — just because a majority of voters in a space hired them.

"Nancy and Lubomir ... violated no law. They were merely victims of an arbitrarily banal exertion of power by busybodies who presume control. However, whether such a code existed or not on paper, the principle at stake here is one that arrests the very nature of what our culture should be.

"Should we ever use the threat of theft — an act of violence — to change a person's nonviolent behavior or choices? Should we have a culture that produces laws to coerce people's expression, personal choices, property use, or means of caring for their children? If there is no flesh and blood victim that can be named in a citation or police report about an event, how could we ever accuse a person of a crime or violation?

"As long as human beings are not stealing, defrauding, or initiating violence, they should enjoy their lives free from meddling.... Private contracts are mutually agreed upon covenants that can be enforced if people violate the terms. However, public contracts — the domain of states — are often arbitrarily decided piecemeal based on the ever-changing whims of the people close to power.... It is our job as role models for future generations to never let the law be used in such a farcical way.

"Thanks to their courage and the Pacific Legal Foundation, Nancy and Lubomir were victorious. Facing a federal battle over constitutional rights and an onslaught of media attention, Mt. Dora reached a settlement. As part of the agreement, the mayor publicly apologized in a press conference.

"Nancy told me the ordeal cost them greatly in health, stress, and many sleepless nights. For painting their house to help their son."

Read more: https://fee.org/articles/couple-wins-fight-to-keep-their-house-painted-like-van-goghs-starry-night-to-soothe-autistic-son/
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Monday, September 4, 2017

Did lack of zoning contribute to Houston flooding?

Don't blame Houston’s lack of zoning for Harvey flooding | TheHill - Scott Beyer:

September 3, 2017 - "Houston was recently victim to the largest rainfall in U.S. history, a 52” deluge from Hurricane Harvey that’s left many parts of the metro still underwater. Houston is also arguably the nation’s least-regulated metro area for land use, featuring a central city that doesn’t even have a zoning code.

"This correlation is, apparently, enough for the media to conclude that one has to do with the other.... Houston, wrote the Washington Post, 'is the largest U.S. city to have no zoning laws, part of a hands-off approach to urban planning that may have contributed to catastrophic flooding from Hurricane Harvey and left thousands of residents in harm’s way.'

"The oddest thing about this analysis is that it misses the actual details of Houston’s land-use policy. The city proper, while technically without zoning, still preserves many of the regulations found in other cities, which inhibit density.... Much of the sprawl development being criticized, meanwhile, wasn’t built in the city anyway. Since 2010, Houston has been America’s fastest-growing metro in net terms, adding 850,000. Only 200,000 of this has been in the city, while the rest has arisen in boomburbs like Katy and Sugar Land. And those municipalities have zoning codes that, again, discourage density.

“'This is not a zoning-related problem,' Jim Blackburn, a civil engineering professor at Rice University, said to me about the flooding....

"The idea that Houston’s land use decisions were the main cause for flooding is absurd on its face. No amount of regulation will properly absorb or confine a year’s-worth of rainwater falling in 5 days. New York City, which is basically the anti-Houston — a dense, regulated city — was devastated by Superstorm Sandy, when just a few inches of rain and strong winds caused flooding in all 5 boroughs.

"And the idea that Houston’s land-use decisions were even a minor factor in the flooding looks increasingly baseless.... The wetlands that have been lost to development since 1990 would have absorbed an estimated 4 billion gallons; the rainfall that Harvey dumped onto the Houston area was an estimated 20 trillion [20,000 billion - gd] gallons....

"Blackburn believes that there are still measures Houston can take to lessen future flooding.... Even if strong growth continues in Houston, it will need to be different — which he believes, counterintuitive to many commentators, should mean more market-oriented. Blackburn said that a FEMA flood insurance program has distorted settlement patterns, incentivizing many to locate near bayous or in flood plains. And he thinks that Houston’s future development will be denser, and built in more elevated areas.

"The irony is that Houston, because of its looser regulations, will likelier tolerate such dense development. This contrasts with, say, New Orleans, another flood-prone city where much of the housing remains in flood plains, but where zoning laws restrict construction in wealthier, higher-elevation areas.... Houston’s lack of zoning and minimal regulation, while not the cause of flooding, may in the future be the greatest control against it."

Read more: http://thehill.com/blogs/pundits-blog/state-local-politics/349021-opinion-dont-blame-houstons-lack-of-zoning-laws-for
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