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Code Enforcement Liens - Are they Unconstitutional against Homestead Property?

Author johnbsims3
Admin 

#1 - Posted: 26 Mar 2013 07:36 
Florida Code Enforcement Liens - Are they Unconstitutional against Homestead Property?

Most Florida homeowners are unaware that judgment liens can be applied against homestead property UNLESS certain specific statutory requirements are fulfilled in their entirety. Once these requirements are fulfilled then a code enforcement lien can NOT be "legally enforceable" against your home.

FIRST, Any code enforcement officer or police officer or sheriff must have a bona fide search warrant or prior consent and approval from the owner which is legally required to step one foot on your private property for any search of your premises. Never grant them consent! You do not even has to speak to a law enforcement officer without the present of counsel and they know this - so keep your mouth shut! This is also a protected unalienable right.
See: MILLS v ROGERS, 457 US 291 (1982), the court ruled that People of the states have the right to secure greater liberties within that state than secured under federal law.

Let them go through the legal requirements of obtaining "probable cause" to acquire a signed search warrant to enter on your private property - why make it easy for them? A local government code inspector or even a law enforcement officer is not legally authorized to enter onto any private, commercial or residential property to assure compliance with or to enforce the various technical codes or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises, or without a duly issued search or administrative inspection warrant. If they violate your rights then they are operating outside their legal scope of authority and can be legally accountable,or possibly sued. All government employees must be bonded or insured against such unlawful acts involving the general public.

The Fourth Amendment to the United States Constitution, made applicable to the states through the due process clause of the Fourteenth Amendment,[5] guarantees to all persons the right to be secure from unreasonable governmental intrusion. Further, the Florida Constitution provides protection from unreasonable searches and seizures in Article I, section 12:

"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution."[6] See: BOYD v. U S, 116 U.S. 616 (1886) and MIRANDA v. ARIZONA, 384 U.S. 436 (1966)

Administrative searches or inspections conducted outside the judicial process without consent and without prior approval (as evidenced by an administrative search warrant) are not reasonable, unless it can be shown that the administrative search or inspection falls within one of the well-established exceptions to this rule.[7] The protection from unreasonable searches provided by section 12, Article I, Florida Constitution, and the Fourth Amendment to the U.S. Constitution, are extended to both business or commercial premises and to private residences.[8]

If your personal and/or private rights have been violated against any illegal search and even seizure that has occurred by any government employee than you have a right to file a civil and criminal complaint and/or possibly sue against all parties that trespassed upon your property, including law enforcement officers also. These parties are operating under "color of law" and outside their lawful scope of their duties.

ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED - The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see: Palazzolov. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S. Ct. (2001) (no\expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120
L.Ed. 2d 798 (1992).Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L. Ed. 2d 882S.Ct.(1998).

Secondly, Florida Homestead Exemption does not protect your homestead property against judgment liens or code enforcement liens (non-equity) since the exemption form is filed directly with the Florida Department of Revenue and is not a part of your public records.

A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the constitutional homestead status of the property described.

FLORIDA APPEALS COURT DECISIONS:

Fong v. Town of Bay Harbor Islands, 864 So.2d 76 (Fla. 3rd DCA 2003)
constitutional prohibition against forced sale of homestead property prevents town from imposing lien on owner's real property for continuing code violations where property had not lost its homestead status); Miskin v. City of Fort Lauderdale, 661 So.2d 415 (Fla. 4th DCA 1995) (lien for code violation not enforceable against homestead property).

In re Clements, 194 B.R. 923, 925 (M.D. Fla. 1996)
homesteads in Florida may not used to satisfy court judgments, except: unpaid property taxes for homestead itself, mortgages for purchase or improvements of homestead itself, or mechanic's lien's for work performed on homestead).

In re Lapea, 254 B.R. 501, 507 (M.D. Fla. 2000), citing Palm Beach Savings & Loan Ass'n v. Fishbein, 619 So.2d 267, 270 (Fla. 1993) (homestead cannot be employed as an instrumentality of fraud).


FOR MORE INFORMATION ON PROTECTION AGAINST CODE ENFORCEMENT LIENS AGAINST YOUR HOME, PLEASE CONTACT US

REMEMBER, the power is still with "the People" but we have let these officials get away with so many unlawful and illegal acts for so long, it is extremely difficult to break through hold of power and stop this trend but it's not impossible. Don't let anyone tell you what your rights are - know them yourself! As the bible says in Hosea 4:6 "My people are destroyed from lack of knowledge"

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