Code Enforcement in Florida

[ajr]

What is the name of your state? Florida

In Citrus County, Florida our code enforcement officers claim they cannot enter onto someones property when they receive a complaint. They claim that they cannot enter private property to view the violation after receiving the complaint that they can only look from public roads, sidewalks or enter onto someone else's property with their permission to view the violation. This does not seem correct to me as I thought as long as they had a legal right to investigate the complaint they could walk onto someones property to view the violation. Can someone please advise what is correct.

Thank You

 

[seniorjudge]

What is the name of your state? Florida

In Citrus County, Florida our code enforcement officers claim they cannot enter onto someones property when they receive a complaint. They claim that they cannot enter private property to view the violation after receiving the complaint that they can only look from public roads, sidewalks or enter onto someone else's property with their permission to view the violation. This does not seem correct to me as I thought as long as they had a legal right to investigate the complaint they could walk onto someones property to view the violation. Can someone please advise what is correct.

Thank You

Tell us what you are talking about.

Give us facts and details.

 

[ajr]

Details are like this.

A neighbor has two utility trailers on his property that aren't licensed for the current year. The code enforcement officer cant see it from our property and said he could not do anything about it as he could not walk up to the trailers to see if the current registration was in fact there or not. We just had a conversation with him advising me that they could not legally enter onto someones property to view the violation if they could not see the violation from some other place ie public property or my property. It would not help to use binoculars as the utility trailers are turned so they cannot be seen. Hope that some how explains it. I just find it strange that they cannot perform they duty if they aren't aloud to walk onto someones property as long as it is not gated, or locked in someway.

Thank You

 

[seniorjudge]

Ask the code enforcement officer for a statute number which says that the officer cannot investigate the situation.

 

[Zigner]

Does Florida require current registration in that situation (on Private Property)?

 

[CraigFL]

It sounds like a way to regulate the complaints--if you can't see them, you can't know that something is not right...

 

[Zigner]

My point is this: Is current registration required by the State of Florida if a vehicle is parked on private property? I doubt it.
However, I also understand that municipalities may have requirements. It seems to me that the owner of these utility trailers is meeting those requirements, as the vehicles are not visible to the public.
And, on another note, how does OP *know* the vehicles aren't licensed for the year...perhaps the owner has the current registration tags, but knows that he doesn't have to put them on if the trailers aren't taken on public property. Heck, if OP can't see the plates from his property, then what prompted this to begin with?
Sounds like we're in the midst of a little feud of some sort here...

 

[CdwJava]

By itself, a complaint is not generally sufficient to justify the warrantless intrusion onto one's private property.

Let's say that someone called to say you had a drum of motor oil in your back yard, and it was leaking. That's bad, but certainly not sufficient to provide an exigency to make entry for the inspection. I (or a code enforcement officer) could go to the property owner and explain that we have received a complaint and we could ASK for his permission to inspect the property or the oil drum. If he or she refused, then we would have to either find some other lawful means of making entry by way of an articulable exigency (such as the articulation of a potential fire hazard, significant chemical odors in the air, etc.), or we would have to obtain a search warrant.

In this case, I have to agree that the vehicle registration of a utility trailer that is on private property is not likely required. Perhaps some further explanation of what these trailers are and what kind of registration we are talking about is in order.

- Carl

 

[CdwJava]

320.02(1) states, in part: "No registration is required for any motor vehicle which is not operated on the roads of this state during the registration period."

Further, 320.01(1)(a) defines a motor vehicle to include ... " An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state"

Therefore, it would seem that having an unregistered trailer on one's private property would not be an offense anyway.

- Carl

 

[gatorcop]

There are a number of local governments in Florida that have an ordinance which "gives the code enforcement officer the right to enter private property to investigate".
I don't know if Citrus County does.

The problem remains, how does an ordinance such as this allow one to circumvent the Fourth Amendment and rights about unlawful search and seizure. Most code legal instructors, and government attorneys, will say you have a right to go to the front door, and observe anything on the way, but you can't go into the side yard, back yard, etc., because you do not have the right to be there. Without an exigent circumstance under public health or safety, I do not see how they are going to make entry. The same set of laws apply under many criminal situations. There are three Florida Attorney General opinions online which give a similar perspective.

 

[BlondiePB]

What is the name of your state? Florida

In Citrus County, Florida our code enforcement officers claim they cannot enter onto someones property when they receive a complaint. They claim that they cannot enter private property to view the violation after receiving the complaint that they can only look from public roads, sidewalks or enter onto someone else's property with their permission to view the violation. This does not seem correct to me as I thought as long as they had a legal right to investigate the complaint they could walk onto someones property to view the violation. Can someone please advise what is correct.

Thank You

Code Enforcement is correct. Besides, there is no violation, which Carl posted.

 

[buchanovich]

This probably is resurrecting an old thread but, I was researching prior to starting a new one.

In Florida, does code enforcement have the power to issue a bench warrant? My house is in foreclosure and code found some violations - basic maintenance stuff - and called me saying they issued a warning (never got any) and then said they would issue a citation and I could be pulled over and arrested at a traffic stop. Look, the house is in foreclosure and soon will be owned by the bank. What do they want? Or, do they have to wait for the citation date to pass and the magistrate issue? I was under the impression that all they could do was impose fines which travel as a lien on the property.

 

[TheGeekess]

This probably is resurrecting an old thread but, I was researching prior to starting a new one.

In Florida, does code enforcement have the power to issue a bench warrant? My house is in foreclosure and code found some violations - basic maintenance stuff - and called me saying they issued a warning (never got any) and then said they would issue a citation and I could be pulled over and arrested at a traffic stop. Look, the house is in foreclosure and soon will be owned by the bank. What do they want? Or, do they have to wait for the citation date to pass and the magistrate issue? I was under the impression that all they could do was impose fines which travel as a lien on the property.

It is resurrecting an old thread, and this board is NOT appreciative; plus you've hijacked, another activity that is frowned upon.

Please start your own thread with your question.

 

[buchanovich]

Thank you for your delicacy and politeness.

In other forums, one gets slammed for starting a topic that already is under discussion.

Hijacking is only if a thread is active on the other subject. This one hasn't had a post in a while.

I see there are nitpickers and kibitzers around if I need one.

 

[Just Blue]

Thank you for your delicacy and politeness.

In other forums, one gets slammed for starting a topic that already is under discussion.

Hijacking is only if a thread is active on the other subject. This one hasn't had a post in a while.

I see there are nitpickers and kibitzers around if I need one.

Feel free to visit another forum that isn't as "nitpickey".