At the end of the article on challenges to Deland's enforcement of it's "2 unrelated people" limit for families, there was a statement that after June 1 the City would be able to asses their $500/day fines without any further hearings. This isn't really the case.
Those of us who've had to deal with Chapter 162 on Code Enforcement probably have a lot of comments on the limitations of the statute. But it appears that a lot of people are unaware of Massey v. Charlotte County, 842 So. 2d 142 (Fla. 2d DCA 2003) (here's the original 2d DCA original opinion) . It held that the statute has to be interpreted so as to require the Code Enforcement Board (or whatever it's called locally) to hold a hearing to confirm that a violation is ongoing and make the findings required by the statute before actually levying a fine. And while it gave the local governments a lot of wiggle room on the actual process, it makes it clear that there must be one.
Moreover, given that the decision basically says that this is a fundamental due process question, I think there's a strong argument that it applies to any code enforcement action and fine that hasn't yet been finalized into a lien.
Love to hear any war stories from folks who have used this decision to get a hearing from a CEB or against fines that have been levied in contravention to it.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Sáu, 2 tháng 4, 2004
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét