Above and Beyond… My first code enforcement hearing

Above and Beyond… My first code enforcement hearing

CE.0.092..527 509 Queens Mirror Cir Harris/owner
Unlicensed/ inoperable vehicle(s)
3-10. 9 1) 4. B.

Luis Rivera, Code Enforcement Officer gave testimony for the
above case.

Dennis Burgess, property manager, 4501 35th Street #200 Orlando, FL 32811 gave testimony for the above case.

Robert Flint to find Respondents in CEB Case 09-02527 were in violation of City Code, Section 3-10.9 1)4.B., that the violation was corrected and recurred; and that any violation of the same code by Respondents within FIVE (5) years from the date of this Order shall be treated as a repeat violation, for which a fine of up to $500.00 per day may be imposed.

Above and Beyond… My first code enforcement hearing

I’ve always had mixed feelings about municipal code enforcement boards, I suppose.  I’m all for good order and discipline- and agree with a very broad premise that if everyone takes care of their homes, yards, etc., the world will be a nice-looking place.  That said, I’ve seen every manner of the good, bad and ugly sides of code enforcement around Orlando area over the past 7 years- and I’m nearly convinced that some communities enact rules simply to get on folks’ nerves and/or enact rules for the public in general as their course of action against specific individuals.

Indeed, I believe cities engage in the practice of enacting rules which target individuals from the beginning- but also in the practice of selective rules enforcement that varies from one individual to the next.

That said, my Above and Beyond story goes back to 2009.  It’s the story of how a great out-of-state owner, a decent tenant and an overzealous code enforcement officer led to an appearance before the City of Casselberry, Florida’s Code Enforcement Board.  For reference purposes, this was an issue involving parking- those who enjoy viewing asinine local ordinances can take a look at Casselberry’s here: http://www.casselberry.org/index.aspx?NID=570.

The basic issue here was that my tenant owned a small transmission repair shop- and from time to time, he would sell a vehicle or two.  He would drive them to his place at the end of one day before heading out the next morning to get them to his buyers.  Florida issues orange license plates (called “transporter tags”) for vehicles dealers have in transit- and my tenant had a legitimate tag that he lawfully used when driving the “sales” cars.

Wellllll…. The City of Casselberry doesn’t like vehicles with orange license plates in driveways (or much else, quite frankly- as you’ll see in their ordinance).  They placed a citation on my tenant’s door (which he never told me about- shocker), and also forwarded a copy to my owner who lives out in Texas- letting him know that since the home was his, they were going to start fining him $500/day whenever they saw a vehicle with an orange tag in the driveway.

If you’ll notice above, they actually cited my tenant/owner for having an unlicensed/inoperable vehicle in the driveway- for despite the fact that Florida’s Department of Highway Safety and Motor Vehicles (“DMV” elsewhere) considered the tenant’s vehicle legally and properly licensed, the City of Casselberry did not.

Though not reflected in the minutes above, it was that distinction (or “loophole”, according to the Board Chairwoman) that kept Casselberry from imposing any sort of fine against my tenant or owner.  It appears to be a losing trip to the ol’ Code Enforcement Board hearing at face value- but in the end, it was a “win” that my owner was extremely pleased to hear about at the end of the evening.

Above and Beyond… My first code enforcement hearing

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About Dennis Burgess

Dennis B. Burgess Realtor in Orlando, FL ORRA Vice-chairman of Strategic Planning/Secretary ORRA/FR Boards of Directors Empire Network Realty 6000 S. Rio Grande Ave., #104 Orlando, FL 32803 Cell: 205-445-4755 Office: 407-440-3798 bamaburgess@hotmail.com Twitter: @orlrentals Turning vacant into occupied, and "houses" into "homes"
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