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Miami Code Enforcement threatens liens on my SOH homesteaded property...

Author Freddie Diaz
Participant Male

#1 | Posted: 5 Mar 2008 08:31 
Our home has had homestead exemption since 1994, which includes SOH. Recently, the city violated us for having pavers, a carport and a small shed installed without a permit, (it was purchased at Home depot and we had since had it removed).

Their initial intant was to seek an initial 'ilegal unit' violation against us which was a legal addition to the home built in 1974. We showed them the permits approved and passing inspection and that it was not ilegal.

They insisted on seeing the inside of the house anyway and noted that the main entry point to the addition was not located in the same place they had on their records from 1974. We had to hire an architect to upgrade the records for the city and comply. But now they continue to keep adding to the requirements. We contend that these requirements should be 'grandfathered as existing since 1974', but they do not have any such allowment.

It has cost us close to $10,000 in architectuaral and legal representation. The attorney told us that the hearing board was a 'kangaroo' court and our chances would be better in civil court. Either way complying with the newer requirements to remove or legalize to their newer standards in 90-days will cost us even more, driving us into bankruptcy.

We no longer can afford to maintain legal representation as the deadline approaches. They threathened that liens of $250.00 daily may be imposed if we do not meet their requirements. We cannot. We have decided that the city is hell bent on taking our home away from us and not allow us even to sell our home ever in our lifetime. Is this what they can do to us even with homestead exemtion?

Our home is not a nuisance abatement order, niether is it a crime infested eyesore. It was an overly ambitious code enforcement officer whom entered into our private property without permision. He took pictures, and made measurements inside our property since we do not close our gate.

Even after we proved that he gained entry ilegally the hearing board ignored the method and began the process of threathing to violate us if we do not plead guilty.

We need advice.....we are in fear of the power of the city.

Author johnbsims3
Admin Male

#2 | Posted: 5 Mar 2008 09:27 | Edited by: johnbsims3 
Freddie,

Do your homework on this BBS and on our website. You will see that you now have a cause of legal action against the Code Enforcement officer for tresspassing. Also, a code violation cannot be a lien against homestead property. Do a search on this BBS and you will see the law. The code enforcement board is an administrative body with absolutely no authority. Do not plead guilty, and do not allow them on your property. I suggest you e-mail us at myhomestead@bellsouth.net so we can send you more information and allow us to help even more.

Fl. Stat 162.09(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution.

Although the statute merely provides that any lien created pursuant to an administrative fine may not be foreclosed on real property which is homestead, the Constitution itself goes much farther: No such lien exists as to such homestead property. Since that is true, the mere recording of a code enforcement judgment order cannot constitute a cloud against a homestead property. 618 So. 2d 754, 18 Fla. Law W. D, 1122 DEMURA v. COUNTY OF VOLUSIA (Dist. Ct. App. 5th Dist. 1993)
http://www.floridahomesteadservices.com

Author Freddie Diaz
Participant Male

#3 | Posted: 5 Mar 2008 11:02 
Thank you! You have lifted a great pain from our hearts. Sadly, at the hearing board we were forced to plead guilty. This is how they worded the threat. If you plead 'not guilty', a lien may be placed into effect until the accused has proven that compliance has been met via an inspection.

So we were bambozooled into pleading guilty. Then they ageed to give us an extention and forgo any fines via the request of our lawyer. Either way we ended up losing alot of money. I complained to the city about the method the inspector entered our property. But the director responded that they conducted an investigation and that they concluded the officer was invited in.

We requested during the hearing that code enforcement produce this person who invited him in since we the owners were present and we never saw him before until that day, the officer testified that we were not the ones who invited him in but that someone did. They could not produce the mystery person and requested that the board give them time to produce this person. At this point my lawyer adviced me to forget that issue and work on the extention to avoid any further expenses. He advised me to seek justice from this officer's intrusion at a later date and work with the board for now.

But it's been intolerable working with these beauracratic bunch of bozos. All they've done is gained access into my property to add to the original accusations. I want them out of my life and to press charges against that officer for tresspassing. If I had the time and money I'd sue the city but since I am fundamently broke, all I can settle for is to make this as equally uncomfortable for those people who infringed upon my life. At the level that I complained it is easy to assume that the department is overseeing itself. I would hope that FDLE has some level of investigative authority over this wayward govermental entity.

Author johnbsims3
Admin Male

#4 | Posted: 5 Mar 2008 11:30 | Edited by: johnbsims3 
Freddie,

We certainly understand your pain and frustration! We are always here to help and to consult if required. Please don't hesitate to call upon us if we can be of further assistance.

Best regards...
http://www.floridahomesteadservices.com

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Miami Code Enforcement threatens liens on my SOH homesteaded property...
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