Code enforcement hits community garden?

[avs]

LOL these aren't facts.  "breaking" a gate and "breaking into a property" are 2 different things.  This is the city's attempt to deflect and try to redefine the situation and see if it sticks and the masses shut up.  Politics  101.

[Non-RedNeck Westsider]

LOL these aren't facts.  "breaking" a gate and "breaking into a property" are 2 different things.  This is the city's attempt to deflect and try to redefine the situation and see if it sticks and the masses shut up.  Politics  101.

Appears they're taking a page straight out of the DART playbook:

1:  We want to raid this club.
2:  You can't without a warrant.
1:  The judge already said we couldn't get a warrant without hard evidence.  But I know they're doing bad things in there, you know, drinking, socializing.... probably find some of the evil reefer, too.
2:  I'll make a call to the Fire Chief, be outside at 10 when he enters for a surprise fire safety inspection.
1:  Thanks bro.  We'll see you in an hour.


1:  We need to get on the property but we can't unlock the gate.
2:  I have the authority to get on property using whatever means necessary.
1:  Could you just leave the gate open?
2:  I'll be there at 10, you just happen to show up at 10:05.
1:  Thanks bro.  I'll see you in an hour.

[Gonzo]

It appears that Gonzo is the one off his rocker. Just jump down the city's throat with no regard!!!!

On the contrary, I have plenty of regard. But, the city has proven time and again that it feels superior to the very people who pay their salaries.

Non-Redneck states the case quite efficiently. The use of power is appropriate in some instances -- this was not one of them, though. It is the abuse of power that rubs me raw.

While our city is in the midst of a budget-crises, we are wasting tax dollars on reletively minor abatement issues. And, issues that citizens have offered to help abate at that! And yet, the city can only quote stale and ineffective codes rather than truly work with those who are willing to help.

MrMakersMark and JohnP, are you willing to be part of the solution or do you prefer to detract from the sidelines?

[iloveionia]

MrMakersMark and JohnP, are you willing to be part of the solution or do you prefer to detract from the sidelines?

+1

[avs]

MrMakersMark and JohnP, are you willing to be part of the solution or do you prefer to detract from the sidelines?

++++1

[aclchampion]

Not to keep beating this horse but you all may not realize that Code Enforcement officers have right of entry under Fla Statute 518.123 (f). The Chief, or his authorized representative, shall have the right of entry upon real property while in the discharge of his duties in removing, terminating or abating a public nuisance under this Chapter.
And one more point. The officer was doing his job in an attempt to help clean up the neighborhood that those of you who live their obviously love. But yet when he is trying to help clean up the neighborhood, you spy on him, take pictures and report him for doing his job. I'm sorry, but I just don't understand that thought process. You complain they aren't doing their job. Then complain when they are. Go figure.

[Gonzo]

Not to keep beating this horse but you all may not realize that Code Enforcement officers have right of entry under Fla Statute 518.123 (f). The Chief, or his authorized representative, shall have the right of entry upon real property while in the discharge of his duties in removing, terminating or abating a public nuisance under this Chapter.
And one more point. The officer was doing his job in an attempt to help clean up the neighborhood that those of you who live their obviously love. But yet when he is trying to help clean up the neighborhood, you spy on him, take pictures and report him for doing his job. I'm sorry, but I just don't understand that thought process. You complain they aren't doing their job. Then complain when they are. Go figure.

aclchampion,

It is difficult for those outside the neighborhood to understand why we are so upset with the way code enforcement acts. We have endured years of shoddy work, poor assessment, and uncaring destruction. We are, whether rightly or wrongly in your eyes, jaded.

Read through this thread and you will learn the types of things we have had to put up with. I have had personal experience with the city and their inspectors. It is not a pretty thing. I have also had experience with the city throwing stone in its own glass house. While they go about citing folks for minor compliance issues, they themselves allow their responsibilities to fall behind. To wit, my truck was crushed by a limb that fell from an oak three that was marked for removal by the city a full year before them limb fell.

Again, I urge you to read the thread. There are many concerned citizens that are willing to step up and help, but the city refuses that help. I ask you the same question I asked JohnP and Mrmakersmark before, are you willing to step up and be part of the solution or do you prefer to do as the city does and spout ineffective policy?

[sheclown]

Go Gonzo. 

Code has too much power, too vague guidelines, and is using DART tactics to circumvent due process.

[aclchampion]

Gonzo I have read the thread...several times over. I do understand the frustration that some have voiced about Code Enforcement. My only point was that it seems the same people that are complaining about them doing their job are the same ones complaining that they don't do their job. I wasn't pointing fingers or defending the city in any way.
And since i don't live anywhere near Springfield, no I'm afraid I won't be coming over to help.

[bill]

We need rules against sprawl, rules against development, rules, rules, rules....except when it applies to me and then these rules are crazy. LMAO

[avs]

Well if you want to go strictly by the rules then read the rest of the statute - the owner has a right to refuse entry.

[avs]

Besides, why is entry needed to cite some trash in a yard that is clearly visible from the street??

Because they are fishing to find more against the property that isn't visible so they can build a file to have the house torn down.  A house in decent shape in a National Historic District.

[Gonzo]

Besides, why is entry needed to cite some trash in a yard that is clearly visible from the street??

Because they are fishing to find more against the property that isn't visible so they can build a file to have the house torn down.  A house in decent shape in a National Historic District.

Exactly!

Don't get me wrong, I think code enforcement provides a valuable service when it is properly administered. But, like any other bureaucracy, it must be applied with common sense and proper diligence.
Had the city taken a few minutes to discuss the issue with the owner of the property in the video, they would have learned that he had health issues. They would also have learned that a disgruntled employee was dumping the trash.

While neither of those circumstances relieves the owner of keeping his property up, it does provide a footing for the city to offer leniency or assistance. I do not know what the owner’s health issues are, but having recently gone through a serious one in my family, I can tell you the furthest thing from my mind is dealing with harshly stated city notices. Instead they bring down the iron fist of fines. As someone else pointed out, if the owner had $50 a day, he could afford to pay to have the property taken care of in his absence. Fines do not work, the city has to learn that and get more creative in their abatement efforts.

The response from the city makes it clear that the letter of the law is all that matters, not the spirit of it. Code enforcement would better serve the community as a whole by going after the owners who willfully allow property to deteriorate, taking the property, moth-balling it and offering it at a fair price to someone who can and will restore it. Other cites do it, why doesn’t ours?

[sheclown]

Like JSO, code needs a warrant.  Needs to have a reason that a judge signs off on.

[ChriswUfGator]

Not to keep beating this horse but you all may not realize that Code Enforcement officers have right of entry under Fla Statute 518.123 (f). The Chief, or his authorized representative, shall have the right of entry upon real property while in the discharge of his duties in removing, terminating or abating a public nuisance under this Chapter.
And one more point. The officer was doing his job in an attempt to help clean up the neighborhood that those of you who live their obviously love. But yet when he is trying to help clean up the neighborhood, you spy on him, take pictures and report him for doing his job. I'm sorry, but I just don't understand that thought process. You complain they aren't doing their job. Then complain when they are. Go figure.

I'm sorry, but there's a difference unsecured and secured property. They do not have the right to enter by force, that requires a warrant, the same as any other government/police officer would require. If it were secured, they have the right to request an inspection under that section, they do not have the right to simply break & enter as they see fit.