Florida - Appealing a code enforcement boards decision

[zigzag930]

This morning I presented my case to a small (Florida) city code enforcement board which did not, in my opinion, make a proper "LEGAL" descision. Obviously, the decision did not go my way and I wish to appeal this to a real court, rather than a tribunal of people that change code definitions on demand to meet their objectives.

I believe I need to file a process in the Circuit Court. Since this is not an appleal of a courtroom decision, I am guessing it is a new action I must bring against the city.

There are no monetary damages, but I seek a court intervention to reverse the boards actions.

I've spent quite a bit of time in courtrooms as a business owner, etc on both sides of the table and feel I can argue my case properly, but need a little assistance with defininition of the case

My question is: What type of case is this and what should the complaint seek?

 

[Zigner]

What were you attempting to do and on what basis was it refused?

 

[zigzag930]

Violation for "plastic storage container" placed on property

The building code does not allow "temporary" structures to be placed on properties in this Special Residential District. The definitions of "temporary structures" include things like sheds, storage buildings, swimming pools, etc, but does NOT include plastic storage containers. As a matter of point, if that was the case - no plastic garbage cans would be allowed on the property either.

 

[Zigner]

The building code does not allow "temporary" structures to be placed on properties in this Special Residential District. The definitions of "temporary structures" include things like sheds, storage buildings, swimming pools, etc, but does NOT include plastic storage containers. As a matter of point, if that was the case - no plastic garbage cans would be allowed on the property either.

On what do you base your belief that a plastic storage container does not meet the definition of a "temporary" structure?

Could you post a link that describes your storage container along with a link to the relevant code that you are basing your belief on?

 

[NC Aggie]

Well I don't know if I can offer advice on the proper court and or type of case to file, it's quite possible that the decision of the code enforcement "board" is considerd to be an arbitral decision and thus legally binding. This of course would depend on the local laws.

What I can tell you from personal experience as someone who works for a local municipality and has some interaction with our planning department is that special condition districts ordinances can be a pain for residents. In my municipality we have a "historical district", commonly referred to as the "hysterical district" , in which the ordinances are STRICTLY enforced. In my personal opinion, I could see how a plastic container of significant size could be considered a temporary structure. How large is the container?

 

[zigzag930]

This is the code:

Section 8.26 Temporary Structures Prohibited
A structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. This includes a moveable structure while it is located on land which can be used for housing, business, commercial or office purposes either temporarily or permanently. Temporary structures are prohibited in all zoning districts unless a temporary use application has been approved by the zoning official and a temporary use permit has been issued, as well as any other applicable permits or licenses are obtained.
{Ord. No. 1514-07, <sec> 8, 11/07/07}

The city's complaint defined the structure in question as: "a plastic storage container". I agree with that definition, but they probably err'd and should have classified it as a small plastic shed.

In fact, this structure is not used "for housing, business, "etc. It is used to place my garbage containers inside.

Further, there is no intention of removing it, therefore the whole "that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased" clause does not apply either. It appears this section of code is more aimed towards trailers, and temporary movable living quarters.

In reality, this is a small plastic storage shed, typically used to store rakes, leaf bags and other small outside items. Since I use it to contain garbage, it perhaps it should be considered a "plastic garbage container"

 

[Zigner]

Section 8.26 Temporary Structures Prohibited
A structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. This includes a moveable structure while it is located on land which can be used for housing, business, commercial or office purposes either temporarily or permanently. Temporary structures are prohibited in all zoning districts unless a temporary use application has been approved by the zoning official and a temporary use permit has been issued, as well as any other applicable permits or licenses are obtained.
{Ord. No. 1514-07, <sec> 8, 11/07/07}

The city's complaint defined the structure in question as: "a plastic storage container". I agree with that definition, but they probably err'd and should have classified it as a small plastic shed.

In fact, this structure is not used "for housing, business, "etc. It is used to place my garbage containers inside.

Further, there is no intention of removing it, therefore the whole "that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased" clause does not apply either.

In reality, this is a small plastic storage shed, typically used to store rakes, leaf bags and other small outside items. Since I use it to contain garbage, it perhaps it should be considered a "plastic garbage container"

A "small plastic shed" IS a "temporary" structure.

 

[tranquility]

The method for an appeal is described in the enabling statutes/regulations. Usually, the place for appeal is the city council.

While it is possible to appeal some of these things in court, it is not a DIY enterprise. Things quickly become complex and arcane areas of the law are addressed. There is no way a person is going to win this one without a bunch of money. (An amount far beyond reasonable for this situation.)

However, even with representation, the facts have already been decided by the original board and will not be changed on appeal. I'm thinking there will be a presumption the purported structure *is* a structure the regulation refers to and the OP will have to come up with some legal argument it is not.

(Not that it is not, but a legal argument as to why it is not.)

I don't see it--even though I agree with him logically.

 

[NC Aggie]

I have to agree with Zigner, this would be considered a temporary structure IMO...regardless if you have no intention of removing it.

tranquility is right, appeals to decisions by city/town appointed or created boards would typically go through city/town council. If you think this is worth fighting, that would likely be your avenue for appeal.

 

[zigzag930]

Not trying to be difficult, but it is still unclear how this structure falls within the definition of the code.

1) It is not used for housing or business, etc.
2) It's purpose was not to be temporary.

Perhaps someone who believes this is a temporary structure can explain why they feel it is, rather my method of trying to exclude it.

 

[Zigner]

Not trying to be difficult, but it is still unclear how this structure falls within the definition of the code.

1) It is not used for housing or business, etc.
2) It's purpose was not to be temporary.

Perhaps someone who believes this is a temporary structure can explain why they feel it is, rather my method of trying to exclude it.

Your plastic shed is "A structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased."

ETA: Why don't your pour a foundation and be done with it? (get permits, of course)

 

[zigzag930]

Foundation: Funny you should mention that, as this little plastic shed is sitting on a previously (permitted) concreat pad and can be easily anchored to it.

 

[NC Aggie]

Not trying to be difficult, but it is still unclear how this structure falls within the definition of the code.

1) It is not used for housing or business, etc.
2) It's purpose was not to be temporary.

Perhaps someone who believes this is a temporary structure can explain why they feel it is, rather my method of trying to exclude it.

1) Well you yourself said you use it to store garbage containers, rakes and small items...all would be considered "domestic" use. The term residential use doesn't mean someone is living in the container, it just means there is some residential (domesitc) use of the container.

2) Because it's an object/structre not built on a foundation and can easily be move, it would be considered a temporary structure...regardless if it remains in the same spot for 30 days or 30 years.

 

[zigzag930]

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.

 

[tranquility]

Not trying to be difficult, but it is still unclear how this structure falls within the definition of the code.

Sorry, but it is irrelevant that you are unclear. The board which regulates such things said it does. You cannot argue away from that point, you must have proof it does not.

That there is a decision against you is your main problem.