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 |