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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Question City Will Not Enforce Ordinance

    My question involves real estate located in the State of: Florida

    I own a residential property that is adjacent to a commercial property. The east side of my property abuts the back of a commercial strip mall. The two properties are currently separated by a wooden fence that is on my side of the property line and was put up at my expense.

    While looking at city ordinances, I came across one that required a 6 ft masonry wall be built to be built on the commercial property to separate it from the residential property. In the neighborhood where the property is located, most but not all (~70%) of the residential properties abutting a commercial property have the required 6 ft masonry wall.

    First, I spoke with the city zoning office. They verified the zoning and also looked at the city ordinance and said that there *should* be a wall between the properties in question. They suggested that I contact the city code enforcement office as they are the ones that handle these types of situations. I then spoke with the city code enforcement office, they opened a case and looked into the issue. They got back to me a week later and said that they were not enforcing that ordinance unless the building undergoes major construction. Also, since there were many properties in the same situation they did not want to "open a can of worms" and that the properties without walls were in essence "grandfathered in". I felt dejected, but accepted their answer.

    A few months later, I decided to do some more research on the issue and made a few interesting findings:

    • The ordinance is dated 1966, and according to the tax records, the commercial building was built in 1972.
    • The tax records for the commercial property list a wall.

    From what I can tell it looks like the ordinance was in place before the building was built, so a wall would have been required at the time it was built. Also, according to the tax records, they are being taxed for a wall. So, basically, they are still being taxed on a wall that does not exist or may have existed at one point in time.

    I feel that the lack of wall will negatively affect my property value since the wall would provide security, noise abatement, stop the trash from getting blown into my property among other things.

    So I guess my questions are:

    How do I get the city to enforce their own ordinance?
    Can the city legally choose which ordinances to enforce?
    Does anyone have any suggestions as far as the next steps I should take?

    Thanks in advance!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: City Will Not Enforce Ordinance

    How do I get the city to enforce their own ordinance?
    You get a lawyer and you sue them.

    Can the city legally choose which ordinances to enforce?
    As far as I know, no. But that has never stopped a city from selective enforcement before.

  3. #3
    Join Date
    Aug 2008
    Posts
    2

    Default Re: City Will Not Enforce Ordinance

    You get a lawyer and you sue them.
    What type of lawyer would specialize in this type of issue?

    Also, would the city be responsible for my legal fees should I win the case?

    Thanks!

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: City Will Not Enforce Ordinance

    What type of lawyer would specialize in this type of issue?
    I should think a real estate attorney, as it is an issue of the lack of wall devaluing your property.

    Also, would the city be responsible for my legal fees should I win the case?
    You can ask for it in the suit, but it's not automatic.

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