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Code Enforcement

KsM715

Well-known member
5,149
142
63
Location
St George Ks
That sweep may work in your favor. Once the other neighbors start finding out they they are now caught up in this because of one complainer, that complainer may get flushed out. And then realize what kind of s**t storm they started. They may not like that kind of heat and decide to stay quiet from now on or move.
 

Dave08

Member
167
6
18
Location
Titusville Florida
Latest update....just when you thought it was over and you are safe, it starts all over again. Yesterday, 3 November 2011, approximately twenty days since the last complaint as if scheduled, Code Enforcement shows again. This time it is the actual Code Enforcement Officer and I am home; Surprise. I had a long chat with him and asked who turned me in this time. He stated that it was Courtney Barker that sent him directly to my property. Again, an anonymous complaint which is against the laws concerning Code Enforcement regulations. I gave him a tour of the lot and we discussed the situation. He was very understanding and did not know why I have been singled out. However, I showed him all the paper work concerning my MVs to include titles, registrations, insurance, and tags, and it was all legal. He told me that since I was actually present that I could tell him, by law, to get off my property and to inform him that Code Enforcement is not allowed on my property anymore. This would prohibit him from coming on the property and trying to determine if the MVs where legally licensed or not. I told him that I was tired of playing these games and that it needs to end. I explained that my next course of action is to send the complaint letter to the city manager concerning Ms. Barker. Should nothing be done by the city manager then the Federal Marshal's office will get involved to investigate why Ms. Barker has utilized her official position to arbitrarily change the laws concerning Code Enforcement Complaints and keeping them anonymous. The letter will be delivered to the City Manager by Registered Mail and we will see what happens next.
The outcome of the visit yesterday revealed no citation and the Code Enforcement Officer was going to report that I was in Compliance. It appears that this is going to continue in the future and as I said before, is now harassment. I am getting the "No Trespass" signs today and I am pricing out the cost of the six foot privacy fence to include City Permit.
 

zout

Well-known member
7,744
154
63
Location
Columbus Georgia
Found this for you:




[/IMG] Re: Florida Trespassing Laws
For trespass cases here in Florida, there aren't going to be criminal charges brought for trespass on property unless the prosecution can prove an important element for conviction: intent to UNLAWFULLY trespass, meaning, in real terms, that the person entered the property "with stealth" OR with intent to commit a crime. Persons, such as solicitors, Girl Scouts, the Jehovah Witnesses, or anyone else, walking up a driveway and ringing the doorbell won't even get an eyebrow raise from law enforcement, much less consideration for criminal charges by a DA. If the gate is open, even WITH the signs, a conviction won't stand because the trespass won't be considered to have been done wilfully. (In other words, most people, including people on juries, feel that approaching on an open driveway is ok, so long as they aren't roaming other areas of the property). Bottom line is that an open gate to a driveway won't get action from police/DA unless some unlawful activity is occurring. Keeping the gate closed would completely change the dynamic. Alternatively, if you can manage to get law enforcement to respond while such persons are actually AT your front door or on your property, police can issue a formal warning such that any FUTURE visit would be a "trespass after warning" violation resulting in arrest. The downside to that is that often groups like Girl Scouts, Jehovah witnesses, companies selling magazines or what have you will just send different people the next time. But it's a start.
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org


 
Last edited:

Marcel

Well-known member
1,092
412
83
Location
Rhode Island
Found this for you:




[/IMG] Re: Florida Trespassing Laws
For trespass cases here in Florida, there aren't going to be criminal charges brought for trespass on property unless the prosecution can prove an important element for conviction: intent to UNLAWFULLY trespass, meaning, in real terms, that the person entered the property "with stealth" OR with intent to commit a crime. Persons, such as solicitors, Girl Scouts, the Jehovah Witnesses, or anyone else, walking up a driveway and ringing the doorbell won't even get an eyebrow raise from law enforcement, much less consideration for criminal charges by a DA. If the gate is open, even WITH the signs, a conviction won't stand because the trespass won't be considered to have been done wilfully. (In other words, most people, including people on juries, feel that approaching on an open driveway is ok, so long as they aren't roaming other areas of the property). Bottom line is that an open gate to a driveway won't get action from police/DA unless some unlawful activity is occurring. Keeping the gate closed would completely change the dynamic. Alternatively, if you can manage to get law enforcement to respond while such persons are actually AT your front door or on your property, police can issue a formal warning such that any FUTURE visit would be a "trespass after warning" violation resulting in arrest. The downside to that is that often groups like Girl Scouts, Jehovah witnesses, companies selling magazines or what have you will just send different people the next time. But it's a start.
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org


I was told that trespass also includes visual trespass. The posted sign will not allow video recording or actual visual observation beyond its boundries and therefore not be presentable in a court of law. I am not a lawyer but this may be a good inquiry for a counselor.
 
A

A/C Cages

Guest
Man just pick up your yard, get rid of all that garbage, and clean up your act....
LOL
Ok, I coulndt even keep from laughing while typing that one.

Dave, Give James a hard time when you see him and ask him how his fuel tank pump fuse is. lol Its a good thing he lives just down the street from me. He had no clue it was there.

As for the PITA's. You have enough room back there. Set up a tombstone, a fake grave, and put on the tombstone,,, This is where the last nosey neighbor ended up. lol
If they complain, Tell the cops, how can they complain or see it without trespassing into my yard to see it???

Its fun to make people wonder about my sanity. lol
 

USAFSS-ColdWarrior

Chaplain
Super Moderator
Steel Soldiers Supporter
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113
Location
San Angelo, Tom Green County, Texas USA
Here's the link to Florida's "sunshine law" requirements and chapter 119. My advice is to perform a chapter 119 request of code enforcement. Failure to comply is illegal unless the information falls within strict guidelines. Good luck.

- What kinds of agency records are subject to the Public Records Act?

Dilli:
Thanks for posting up that link.

It is a lengthy document.

Therefore: WHAT paragraph SPECIFICALLY do you think applies to this situation?

Thank you. (If you can direct us, you'll save a LOT of folks a LOT of time.)
 
365
3
18
Location
Anderson Creek, NC
My father had a problem with his HOA a few years back. They decided that his Ford Ranchero used for his business violated their rule on old trucks parked where anyone could see them. So, he began to keep it in his garage for the next year where he normally kept his old Ford Model T. After a year of zero complaints about the Model T, he swapped them back, with the Ranchero back in his driveway. Of course, the very next day he had a citation. He insisted on a hearing where he displayed pictures of each vehicle in the driveway, and evidence that the Model T not receiving a single complaint--much less a citation. HOA was found to be inconsistent on enforcing this rule and he could legally park his work vehicle in his drive way.
 

WAYNE_L

New member
11
0
0
Location
North Pole Alaska
The problem i have is private property means nothing anymore . It can be taken from you just because the town or city thinks they can do better with it than you can ... Or some endangered white hooded mouse never seen before was found on your 100 year old farm ..

same goes for your house in the burbs .. Its your little piece of the world you own .. Unless your hurting someone Ie dumping toxic waste into soil or water its your land .

The whole BS on home values is BS .. especially with home prices now in this economy ..Its a excuse to claim power over another and make them feel important ..that is all .. Just like lawmakers feel they are only doing good work if they are making laws ..nevermind funding them to enforce whats on the books ..

Want to feel usefull rid the old laws that dont work and get the rope off our necks let us live our lives ..

our goverment is suppposed to be in the back ground not in our faces in every turn ...

Ive had a run in on mine telling me i couldnt cut down my trees i had one hitting my house ... i told him to move or the tree was falling where his car was parked .

he didnt believe me and tried to call my bluff ... when tree fell 2 feet from his car he left and later became good friends ..

my bottom line unless they make my house payments or tax payment they dont have a leg to stand on ..

i moved out of city limits so i didnt have to deal with HOA after i lived there new homes were built around me and bought thier homes after they knew i was there ..
and complained about thier HOA ..

i didnt have a HOA they did ..but tried to make me follow it .. I like to build race cars so im always working on big loud engines with few parked out front .. this pissed some off ..
our lots are in 1 acre squares when i moved in only 1 other house lived next to me we got along great .

In the end i was grandfathered in but it took alot of heated fights to get the point across .. they moved in knowing i lived here, then you think you can change my way of life to suit yours ..

We have same problem with folks who moved in next to our oldest race track ..and complain about the noise every weekend and are now trying to have city shut it down .. when it failed ,now they are trying to sick epa on them for noise pollution and lack of breading birds ....no joke

I do not understand this thinking its beyond me ..
 
There is always some one that wants to run your life for you. Like the members of an HOA. It seems to me that HOAs attract the worst stalin like types around. I believe you can put a restriction on your land title that will prevent it from being brought under the influance of an HOA... forever. Revenge is best served cold. aua
If I can annoy an HOA I am that much happier.:grin::razz::grin::razz:
 

rosie

New member
Steel Soldiers Supporter
137
2
0
Location
Pittsboro, NC
This is the land of the free until you get some joker who decides the only way to be free is THEIR way--we live in a densely wooded area, and it amazes me the people who buy lots out here then proceed to cut every tree and destroy every scrap of organic material on the ground--then want to harass the original inhabitants about keeping their grass cut to half an inch.
 

Dave08

Member
167
6
18
Location
Titusville Florida
Moving a little slow this AM; went to the USMC Ball last night and forgot all my problems for awhile. Great night!
I want to thank everyone for providing the information on the Florida Trespass laws. Great info, however, it appears that the Code Enforcement folks make their own laws and/or decide on which laws they want to follow and enforce and which laws they want to modify to suite their needs. This has been the problem since the beginning. I have found out that you can involve the US Federal Marshal's office if you believe that the laws are not being followed correctly by those that are suppose to enforce the same; i.e. Ms. Barker deciding to take anonymous complaints. I will continue to keep everyone posted on the results and in the mean time I will Post my lot for "No Trespass" and investigate the cost of materials and permits for a fence. Just something else to have to contend with. And For A/C Cages no problem getting with James. By the way, cleaning up my lot....no can do as I seem to keep adding things.....this could become part of my own problem if I do not keep myself in check. As for now, everything is legal as far as registrations and tags go.
I have to say Happy 236th Birthday USMC! (Official Birthday 10 November 1775)
 
A

A/C Cages

Guest
Dave, Its fun to pick on James on being a simple fuse...lol
Im a great neighbor, I come to his house in less then 5 mintues and figured out his problem as soon as I heard him crank it over.
I dont complain about deuces in the yard since I have a boat thats 2X the size of a deuce in my back yard. lol
When we have a party at my house, well no one complains since hald the police force is here for the party and all the neighbors attend them too... I get along great with my neighbors.... They better be nice to me, I have keys to their houses. lol Whoohaahaaaa evil laugh there.
 

USAFSS-ColdWarrior

Chaplain
Super Moderator
Steel Soldiers Supporter
18,481
5,539
113
Location
San Angelo, Tom Green County, Texas USA
Dave, Its fun to pick on James on being a simple fuse...lol
Im a great neighbor, I come to his house in less then 5 mintues and figured out his problem as soon as I heard him crank it over.
I dont complain about deuces in the yard since I have a boat thats 2X the size of a deuce in my back yard. lol
When we have a party at my house, well no one complains since hald the police force is here for the party and all the neighbors attend them too... I get along great with my neighbors.... They better be nice to me, I have keys to their houses. lol Whoohaahaaaa evil laugh there.
OK, A/C:

WHO in their right mind would give their house keys to a guy with a face like that (ref your avatar) :?::!::?::!::?::!::?::!::?::!:
 
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A/C Cages

Guest
OK, A/C:

WHO in their right mind would give their house keys to a guy with a face like that (ref your avatar) :?::!::?::!::?::!::?::!::?::!:

8 houses here in my neighborhood trust me. We all watch each other here and are all friends.

Kids walk down the street, walk on the other side of the street from my house. Im the mean old man who shot a burgular who entered my house 2 weeks after I moved in. My reputation preceeds me here. lol I scare people.

That and Im just buttugly. lol

Just ask James, Chris, Rayzer, or Don.... I look like my avatar. But my avatar pic has teeth and I dont have any. lol
 
A

A/C Cages

Guest
Dave, If you want to go the US Marshals way, let me know ahead of time and I will see if some of the people I knew there are still there. I used to work with some of the locals when we did local raids here in FL.
 
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