Florida - Appealing a code enforcement boards decision

[Zigner]

Thank you to those that have already replied. Your suggestions have caused me to consider a new approach.

I will contact the building code department and see if anchoring the structure to the foundation remove the structure from the "temporary structure" definition. Certainly, there would be argument that a proper foundation exists.

That may be the best route to take

 

[NC Aggie]

Thank you to those that have already replied. Your suggestions have caused me to consider a new approach.

I will contact the building code department and see if anchoring the structure to the foundation remove the structure from the "temporary structure" definition. Certainly, there would be argument that a proper foundation exists.

I can save you the time...anchoring a temporary structure into the ground or permanent structure does not make that object permanent by definition of the ordinance. The object would have to be built or erected into the ground or a foundation.

 

[zigzag930]

Tranquility:
Your statements "Sorry, but it is irrelevant that you are unclear. The board which regulates such things said it does." and "That there is a decision against you is your main problem." Couldn't be more true.

Is there a path from here to reverse this ruling or is it so far fetched that it would not warrant further pursuit?

 

[LdiJ]

Tranquility:
Your statements "Sorry, but it is irrelevant that you are unclear. The board which regulates such things said it does." and "That there is a decision against you is your main problem." Couldn't be more true.

Is there a path from here to reverse this ruling or is it so far fetched that it would not warrant further pursuit?

This may sound like a silly question, but its not. Why is this so important to you?...and did you articulate this to the parties that be?

 

[tranquility]

The statutory appeal is the only way. In court, you're dead as the facts are already against you. If you can appeal to politicians, they might put their fingers to the wind and determine the facts anew.

 

[zigzag930]

The hearing was held by a building code review board, not a court. They have the ability to impose fines for non-compliance.

I get the impression that to "appeal" this matter, I need to file an initial action (not an actual appeal) in the Circuit Court. I would think this action would challenge the decision of the code review board, showing "proof" they are wrong. I haven't filed a complaint like this before, so I appreciate any suggestions.

This is not a personal crusade and in the end, it will not be a real big thing one way or the other, but if there is a possibility of prevailing, I may pursue it.

 

[NC Aggie]

Again, I think you should consider contacting your council representative to appeal the decision before the Council if you feel that strongly about the matter...I'm not convinced a court would hear this matter as the City is the governing/enforcement entity in your jurisdiction.

 

[tranquility]

I get the impression that to "appeal" this matter, I need to file an initial action (not an actual appeal) in the Circuit Court. I would think this action would challenge the decision of the code review board, showing "proof" they are wrong. I haven't filed a complaint like this before, so I appreciate any suggestions.

Does the code provide a process to appeal?

If so, by failing to extinguish your administrative remedies in this matter, the court should dismiss with a demurrer and might apply sanctions against you.

Then, you have the problem of what is your cause of action? What are you suing for? I suppose you are looking for some type of injunction to force the government to do something, right? Government tells individuals to do things, it does not get told what to do. They will get fully lawyered up and force you to do everything right.

Myself, I can't even figure out the caption on the complaint, so I'm not thinking there is a chance even with an attorney. But, I do know that some fight such determinations in court and win. Here, however, we are not really dealing with a legal question so much as a factual one. There has to be a presumption the review board's findings of facts are correct. In court, there also has to be a preponderance of the evidence for a plaintiff to succeed and I see either side being able to make a case. (Therefore, refer to lawyered up comment supra.)

 

[zigzag930]

Here is what I found in the code regarding appeals:

The Board Clerk is hereby directed to deliver a copy of the Board’s Order by Certified Mail to the violator and to the complainant. Said Order shall include notice that any aggrieved party may seek review of the Board’s Order by filing a direct appeal in the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida, for a review of the record upon which the Order is based, in accordance with the procedure and within the time provided in the Florida Rules of Appellate Procedure for the review of rulings of any local government board. The Order shall also state that the failure to timely seek review of the Board’s Order shall constitute a waiver of any right for review.

When I questioned the Circuit court about filing a "direct appeal", I was informed that no appeal could be filed, unless the court has heard the case. I did explain that this was a matter heard by the code review board, but that didn't seem to matter. Either I am the first or no one has ever attempted this?

Regarding the supra "lawyered up" caution, I'm less worried about that after seeing the city's attorney in action.... but then again, this is a small town.

 

[tranquility]

Then, start a case. In the complaint, reference the regulation in the subject matter jurisdiction section.