Code enforcement hits community garden?

[ChriswUfGator]

Shelly, actually it depends on when the lien and mortgage were recorded. Take a look at City of Palm Bay v. Wells Fargo Bank, 57 So.3d 226. In reality, COJ's liens will almost never have actual priority, both because their municipal ordinance saying they do is unconstitutional, and because COJ's home rule authority cannot trump the legislature's authority if it conflicts with a state statute. Which it does, 695.11, Fla. Stat. What's happening is that you guys are just playing it safe. That and COJ will basically lie to you and say their lien takes priority over everything up to and including the rapture, so it's easier for you to assume their claim is valid as a precaution rather than taking a risk. You pretty much have to be a lawyer to know they're full of it. But they are. If you give it a month or two the Florida Supreme Court is about to rule on this issue.

The municipalities saw this one coming and tried to sneak a senate bill through last year (SB1248), but it got killed, thankfully. As much power as the counties like to think they have in the legislature, it's amateur hour compared to the banking lobby.

[shellysu]

The title insurance underwriter will make you pay it off when you sell or refinance. You have no choice.  I've done this for 18 years. I am 100% certain. Muni liens and taxes have to be paid in full in order for the property to be insurable.

[shellysu]

I would love to see the legislature and the title insurance underwriter's change that btw! That would really make a difference. The hoa's are doing the same thing. Their liens revert back to the covenants and restrictions. They have you over a barrel and they know it.

[ChriswUfGator]

I would love to see the legislature and the title insurance underwriter's change that btw! That would really make a difference. The hoa's are doing the same thing. Their liens revert back to the covenants and restrictions. They have you over a barrel and they know it.

Sort of the same deal, they say that, but it's not really true. There's abundant law on that point, Ecoventure, Busey Bank, etc. If the mortgage was recorded prior to July 1st of 2008, when 720.3085 took effect, then the mortgage has priority assuming the declarations have a subordination clause, and I've yet to see any that don't have that.

[shellysu]

It drives me crazy. The HOA's know they have us over a barrel, so my investors just pay the lien. I've tried to argue, but it does no good. Especially when the Plaintiff in the foreclosure serves the HOA as an additional defendant and/or the HOA didn't even file a lien of record. You wouldn't happen to be an Attorney would you?

[ChriswUfGator]

The title insurance underwriter will make you pay it off when you sell or refinance. You have no choice.  I've done this for 18 years. I am 100% certain. Muni liens and taxes have to be paid in full in order for the property to be insurable.

You can close then file a quiet title action and dispose of it before you seek title insurance, at least if you're paying cash. Speaking of HOAs, I just am about to wrap up one I have going down in the 7th circuit, the association already lost on its bullshit arguments by summary judgment, and the mediation's the end of this month to see what they're going to offer my client on his still-pending counterclaim for slander of title plus of course my bill since they already lost the first half of the case and their decs have a fee provision. The key is unconstitutional interference with a pre-existing contractual right. A state or local government can't come back and alter a contract after it was entered into, which is what you're doing when you pass a law that purports to change the priority of already-recorded mortgages.

But you guys in title take a different tack. It's become more about avoiding a fight than avoiding a risk, if that makes any sense. And frankly, that's all part of the problem, since it enables municipal governments and HOAs to run roughshod over people without resistance. People either put up with it, or else they can't get title insurance, or their lender won't close, etc., despite the fact that the claim is not legitimate. You're getting into some pretty rarified air with people who can afford to fight these battles, you basically have to have cash to close and sit until the case is resolved, because they're not getting a mortgage without a title policy, plus cash to cover the costs of litigation. The two clients I have who don't mind fighting these battles are both developers, most normal people just move on and buy something else. But this does happen, and is not uncommon. HOAs regularly claim all sorts of crap, that doesn't mean it's what's actually going to happen.

[ChriswUfGator]

It drives me crazy. The HOA's know they have us over a barrel, so my investors just pay the lien. I've tried to argue, but it does no good. Especially when the Plaintiff in the foreclosure serves the HOA as an additional defendant and/or the HOA didn't even file a lien of record. You wouldn't happen to be an Attorney would you?

If the HOA failed to file a lien in the county where the property was located before the FJ of foreclosure was entered, then the HOA is screwed on enforcing those amounts against the property afterwards. Whatever accrues after that is a problem, obviously. Or, if the mortgage that was foreclosed was recorded before July 1, 2008, it has priority since 720.3085 hadn't taken effect yet, and the HOA is screwed. Or if the decs contain a subordination provision (they almost certainly do, or the bank wouldn't have lent in there to begin with in those days) and the decs were not amended after the enactment of 720.3085, then the mortgage was superior to the association lien and the HOA is screwed. If the bank foreclosed and then took title in its own name, the HOA is mostly screwed, since the lender isn't liable for past due assessments above the lesser of 12 months' assessments or 1% of the mortgage balance. For that one, it has to be the actual bank though, not an affiliated entity. You'd be surprised, half the time these HOA claims are bogus. They're just used to almost nobody challenging them. And yes, guilty as charged.

[movedsouth]

[Gonzo]

I sent an email to Mayor Brown's office yesterday with the link to the video in it. Here is what I said and the response I got. I will keep you informaed as to what other responses I may recieve.

My email to Mayor Brown:

I want to bring a very disturbing situation to your attention that has plagued the Springfield neighborhood where I live for years. Code enforcement, at the direction of department leadership, is completely out of control. I bring the video at the link below as evidence, it clearly shows code enforcement employees breaking through a locked and secured gate to gain access to a property without permission of the property owner. If this were a private citizen performing this action it would be deemed a criminal offense and the person committing the crime could be prosecuted. Why then, is code enforcement given the latitude to so blatantly flaunt the law?

http://youtu.be/Eqe3t8qbhIA

But this is just one example of the corruption pervasive in the department. There have been cases of officers wandering onto private property taking photographs to use against property owners at Special Master hearings, citations for mulch at a community garden, and fast-tracking of buildings for demolition because code enforcement is trying to get around the neighborhood activists who are trying to save our historic stock.

The city should be applauding and assisting groups like Project Save Our Springfield rather than trying to circumvent their efforts. The city should be providing assistance to the officers of that organization in any way possible rather than forcing them to appear at hearings to try to save contributing historic structures. The city should be working hand-in-hand to save important structures rather than sneaking around and breaking into private property. I realize that there are property owners that are negligent and require the city’s intervention, however it must be done within the confines of the law and the vendetta code enforcement seems to have with Springfield must come to an end. If Jacksonville hopes to ever leave its “good ol’ boy” network, backwoods reputation behind, city officials at the highest level need to step up and speak out.

Jacksonville has the potential to become a jewel of the south, “The Bold New City of the South.” But, in order for that to happen, city agencies must stop targeting and start assisting.

I await your response.

The Mayor's response:

Dear Mr. Wisdom: 

Thank you for taking the time to make me aware of this situation. 
               
By copy of this email I have asked that Terrance Ashanta-Barker, director of our Neighborhoods Department, investigate this matter and respond directly to you. 

Again, thank you for writing.  Please do not hesitate to contact me if I can be of assistance in the future. 

Sincerely,
Alvin Brown
Mayor

[avs]

Thank you!

[Gonzo]

Today's email from the city:

Mr. Wisdom,

I will investigate this matter and get back to you, shortly.   Take care and have a great day.

TAB

Terrance L. Ashanta-Barker, JD
Acting Director of Neighborhoods
City of Jacksonville (Ed Ball Building)
214 North Hogan Street, 8th Floor
Jacksonville, Florida 32202

Office: (904) 255-7238 | Fax: (904) 588-0519
Email: tashanta-barker@coj.net

[sheclown]

If code enforcement were to mothball houses, instead of merely boarding, it could lien a house for the hard cost involved and perhaps get that "investment" returned.

Code could have a more "permanent" temporary solution and could have the historic planning commissioners take the burden of monitoring these houses off its hands.

The city and the neighborhood would save the house for a future owner and many future owners after that.

Code Enforcement and the city of Jacksonville could turn a major liability into a significant investment.

Nothing else could as significantly rid the neighborhood of blight and safety issues like mothballing the condemned properties.

And it could be done with a policy change.  And it could be done with less money than is currently spent. And it could be done tomorrow.

Save the houses.

[Gonzo]

Here is the latest from the city on the email I sent ot Mayor Brown. It seems to me that this is a lot of back-peddling and glossing-over of the situation. What do you think?

Mr. Wisdom,

Again, thank you for making us aware of this situation.  With regards to the to video you mentioned in your email, it is my understanding that the referenced video on You Tube entitled “Code Enforcement Breaking Code” is actually a video of a Contract Compliance Inspector employee temporarily disassembling â€" not breaking â€" the gate of a property for assessment purposes. 

On April 20, 2012, an anonymous citizen submitted a complaint to 630-CITY, regarding “overgrown property”. On April 23, 2012, a Code Compliance Officer cited the property for nuisance overgrowth and garbage/trash/debris.  To fulfill notice requirements to the owner of record, local ordinance requires that:  1) a notice placard be placed on-site, and 2) a notice be mailed to the owner of record. 

The required notice placard at the property and mailing of a certified Notice of Violation were made to the owner of record in April 2012.   In addition, MCCD provided time to correct violations prior to re-inspection on May 16, 2012.

Following the two forms of notification and the provision of time to correct violations, an officer verified outstanding violations on May 16, 2012, and forwarded the enforcement case to the division’s Contract Compliance section, which arranges cutting, cleaning, and debris removal by city contractor, as authorized by local ordinance, if the owner of record fails to correct violations.  Local ordinance states if termination of the public nuisance is not completed or commenced in a meaningful manner, such as hiring a contractor, or commencing significant and actual abatement activities, by the person within 15 days from the date of notice, the city may terminate the condition(s) and may contract with a private contractor to terminate it on behalf of the city.  The law does not contain provisions for general citizenry to enter privately-owned properties (not owned by same) for purpose of correcting outstanding code violations.

On Monday, July 9, 2012, during compliance follow-up activities someone “videographed” a Municipal Code Compliance Division (“MCCD”) employee at 1735 Liberty Street,  and later posted the video on YouTube, with the title, “Code Enforcement Breaking Gate.

As previously mentioned, the YouTube video from July 9, 2012 actually shows a Contract Compliance Inspector employee temporarily disassembling â€" not breaking â€" the gate to assess the entire site following a reported completion of work; the other employee is the area Code Compliance Officer, who initially cited property conditions during April 2012.  As shown within the video and the above photographs, the property is overgrown and contains excessive trash; the purpose of the property visit was to ensure completion of work to remove violations, which are blighting conditions, thus improving the community. The Contract Compliance Inspector verified required additional abatement work at the time and returned the work order to the contractor for completion.

Apparently, the videographer was not aware of the preceding information. 

Various city agencies enforce and/or administer specific portions of the Jacksonville Ordinance Code.  The city’s Historic Preservation Office administers the Mothballing Ordinance and may assist with questions related to same.

If you have additional questions regarding property safety/maintenance and zoning code enforcement, please contact us.

Have a good day.




Terrance L. Ashanta-Barker, JD
Acting Director of Neighborhoods
City of Jacksonville (Ed Ball Building)
214 North Hogan Street, 8th Floor
Jacksonville, Florida 32202

Office: (904) 255-7245 | Fax: (904) 588-0519
Email: tashanta-barker@coj.net

[John P]

This is the problem with people. They go off half cocked not knowing what the facts are and spin the facts to for their perspective. It is human nature to form reality around your world view so it should be expected. I will send Mr. Ashanta-Parker and THANK YOU note for fully explaining the situation but no doubt this will still serve as a boogey man. Change the policy and dont harrass the employees.

[mrmakersmark]

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