Above and Beyond... My first code enforcement hearing

By
Property Manager with AmeriTeam Property Management SL#3200658
https://activerain.com/droplet/4pL7

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 niced-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

 

 

Posted by
 
DENNIS B. BURGESS
Property Manager

Licensed Florida Realtor
 
AmeriTeam Property Management
845 N. Garland Ave., #200
Orlando, FL  32801
 
 
 
205-445-4755 cell/direct
407-901-3636 x103 office
407-901-5147 office fax
 
Turning vacant into occupied, and "houses" into "homes"SM
 
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

You have to laugh at just how dysfunctional local government can be.  

Oct 15, 2014 12:23 PM #1
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Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Chris:  Thank you for dropping by, and for your comment.  No doubt!  And I even left off the fact that in Casselberry, one who owns a home can put a car in their front yard and sell it- while one who rents a home in Casselberry can not.

Oct 16, 2014 01:44 AM #2
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The spirit of the law is missing but to be found in you...good posting

Oct 16, 2014 03:49 AM #3
Rainmaker
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Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Richie:  Thank you for stopping by, and for your comment and kind words.

Oct 16, 2014 11:04 AM #4
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Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Towns are sometimes very provincial in how they run their operations, but if you can bring some banana bread fresh baked to the right people at the right time .....

Oct 18, 2014 12:23 AM #5
Rainmaker
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Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Dagny:  Thank you for dropping by, and for your comment.  If only it were that easy!

Oct 20, 2014 08:24 AM #6
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Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

Ahh...  dealing with local government.  That's something I've never been interested in doing, but I'm glad you did.  Well done and thanks for entering the contest, Dennis.  

Nov 02, 2014 11:34 PM #7
Rainmaker
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Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Jared:  It was a good experience, but nothing I want to make a habit of doing!  Thank you for hosting this contest..

Nov 07, 2014 03:23 AM #8
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Dennis Burgess

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