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Is selective code enforcement legal in FL

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notes_norton

Junior Member
Florida, St. Lucie County

I live on a street where almost everybody has code infractions on the county right of way. It is a very old (1940s), non-standard street. The infractions include obstructions and vegetation on the right of way, most more severe than mine.

I received a license to plant trees on the right of way over 3 years ago (Nov 2003). The license states that the trees must be 6' from the road. Unfortunately the road was re-paved and moved so that in places I only have 3' between my property line and the road so the person who issued the license told me to plant them 2' from my property line as the ROW is supposed to be 8'. Unfortunately, that was over the phone and I didn't get that in writing, I didn't think of that.

There is a neighbor who doesn't like me who turned me in for having trees to close to the road (he doesn't like pretty much anybody and has done the same for other neighbors). This neighbor has wooden obstructions from his driveway to the road edge, vegetation planted on his property line to the road edge, a 6' gate and hedge in the front (4' is code), a non-licensed, rusted car in the back yard, keeps a garbage can in the yard 356 days a year, etc.

Besides the point: This same neighbor and his wife cut the corner on my right of way 4 times or more a day (all 4 wheels, destroying the vegetation).

Due to his complaint, the county is revoking our license and we will be in code violation if we don't remove the trees.

Other than this person's violations, another neighbor has hills, boulders, trees and sprinkler heads with re-bar right up to the road edge, another has a brand new oleander hedge closer to the road than my palm trees, another has a decorative post and rope fence closer to the road than my trees, another a huge bougainvillea bush and 365 day trash cans and if you turn the corner there are many more code violations that are more severe than my palm trees are now that the license is revoked.

So now that you have the background, my question is:

Can they enforce the code violations on my lot and my lot only without citing everybody in the neighborhood for their similar and/or more extreme violations of the same nature?

Wouldn't this kind of selective enforcement be discrimination?

How should I proceed?

Where do I go for help?

I'm completely ignorant about these matters, but I'm not stupid and can learn.

Thanks.What is the name of your state?
 


FlyingRon

Senior Member
Florida, St. Lucie County


Can they enforce the code violations on my lot and my lot only without citing everybody in the neighborhood for their similar and/or more extreme violations of the same nature?
Generally they don't go hunting for violations. They are enforcing violations on you because someone filed a complaint. If you want other violations acted upon, you need to do the same.
 

notes_norton

Junior Member
So can a lodge 100 or so complaints and then if they don't enforce all of them but still enforce mine, are they guilty of discrimination?
 

needhelpohio

Junior Member
hi st lucie

if you give me a call i would be glad to discuss. im on your same time zone and up until 10:30 atleast please call


robert
614-851-0929
 

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