north port florida code nazis: September 2010

Wednesday, September 29, 2010

North Port fl Code Net: The One That Got Away!

North Port F.A.C.E.OFF. (Fight Against Code Enforcement OFFice)

A Grassroots Citizens' Movement Dedicated to Restoring Property Rights by Exposing and Eliminating Abusive, Aggressive, Illegal and UnConstitutional Code Enforcement Practices ***TO CONTACT F.A.C.E.OFF. MOVEMENT E-MAIL: faceoffmovement(at sign)yahoo.com (Use the @ on your keyboard)***
Thursday, September 16, 2010
North Port Code Net: The One That Got Away!

On Monday, May 3rd, 2010, the following story appeared in the Herald Tribune:
North Port Fines Keep Couple from Buying Home

When Andrew and Leonida Sheets decided to buy a fixer-upper in North Port, Florida, for $11,400, they were ready to put a lot of work and love into making the bank-owned house into their new home. Sadly, when they went to close on the deal, they discovered that they could not do so because the City of North Port had $16,248 (well over the price of the house itself) levied in fines against the property.

So what was the horrible violation that led to this outrageous lien???

The house didn't have address numbers.
http://img4.realsimple.com/images/tips/house-numbers-poll_300.jpg
For this, the City of North Port had been fining the property $25 a day, for over two years!

To add insult to injury, when the bank tried to pay off the lien, so that Andrew and his wife could buy the property, the City of North Port mailed their check back to them!!!

Andrew Sheets had this to say about the ordeal:

"My mother used to be a mayor;
she never, never, never
heard of a fine getting this out of control..."

Andrew also said that he intended to go to the City of North Port, and attempt to get the fine reduced, but that he was beginning to question if he even wanted to live in North Port at all after what he and his wife had been put through, and said that he was looking at properties in other cities instead. So here is the story of two people, Andrew and Leonida Sheets, who had a dream about a little fixer-upper house, and how they were eventually
forced, by the City of North Port,
to give up that dream and move to...

A More User-Friendly City!

On Tuesday, May 4th, once again outraged by the Insane Code Enforcement in North Port, Florida, Bill Mick, the extremely popular radio talk show host, clear over on the East Coast of Florida, posted a link to the newspaper article on his website, with this comment:
"Here is another example of Code Enforcement gone wrong and again it is from North Port."
He then talked about this case on his morning show Bill Mick Live. Here are podcasts of that show so that you can listen to what he has to say about Code Enforcement and this case:
Bill Mick Live Podcast (7am Hour)
Bill Mick Live Podcast (8am Hour)

Bill Mick's show can be heard every weekday from 6am-9am on WMMB AM 1240/1350. You can also listen, at your leisure, to his podcasts, or you can stream his show live from his website:
Bill Mick's Website

On Thursday, May 6, Andrew Sheets and his wife Nida sent out a Notice of Cancellation with the following e-mail:

From: andrew b sheets
Subject: CANCELATION OF CONTRACT
To: Hook and Ladder Realty
Date: Thursday, May 6, 2010, 11:03 PM

To whom it may concern,

We, Andrew and Nida Sheets, have been interested in purchasing a home. This is our history about the 8273 Aero Avenue, North Port , Florida house.
When we first saw the foreclosed house,
we knew it needed a lot of work.
We were willing to do it because
the price was affordable for us.

We called Bill Howell, the listing agent for Hook and Ladder Realty. We looked at the house and placed a bid for the house on March 23, 2010 for 11,400 dollars. Bill said it would close in a couple of weeks. With that timeline, we went out and bought most of the furniture and appliances that were needed, and we stored them at my parent’s house where we are staying. So there is stuff everywhere, outside and inside, and some items are starting to rust.

Unfortunately, our purchasing of these items was many weeks ago. Bill said it would take longer because they found a lien on the property and not to worry because they will get it cleaned up. We signed for a time extension. After two weeks went by, and Bill said it still wasn't settled yet on the lien.

Then I decided to investigate the matter myself. I found out the house had a lien on it from the city for $16,000. I was shocked,

and even more shocked for the cause.
The lien was because the house number wasn't on the house.
(However the house number was
on the mail box in front of the house.)
The code violation (lien) was 25 dollars a day which had accumulated for two years. I had heard that North Port had some crazy issues with exorbitant fees, and now I am right in the middle of it.

I called Bill to ask if they were going to be able to work this out, and he said yes. We waited again with no results. I contacted the city again, and they said they had come to an agreement of 50% of the fine ($8000), but the Title Company or Bill hadn't asked for the Letter of Reprieve. So they sent the check back to Fannie Mae. Now we had to wait another two weeks for city council to meet to hopefully get it resolved. As a result, I signed an extension again.

I also contacted the local newspaper to see if they were aware of these exorbitant fines. They informed me that a thousand people are presently being fined in North Port.

My wife and I are scared because we don't know what will happen to us if we get the house, because there are so many repairs to be made against new city codes and permits.

My financial backers have pulled the money off the table for the house, because of the mishandling of the case and for the fear of new fines from the City of North Port

My wife and I are asking to be released from the contract,
for lack of funding.
http://unfundedstartup.com/NoFunding.png
Sincerely
Andrew and Nida Sheets

On Saturday, May 8, Andrew Sheets sent an e-mail to North Port City Commissioner David Garafalo:

David Garofalo

Commissioner David Garofalo
Seat # 1 Chair (Bio)

From: andrew b sheets
To: David Garofalo
Sent: Sat May 08 13:12:35 2010
Subject: Re: Upcoming Weeks Commission Meetings

DAVID,
what time ist the meeting 2 ask 4 reprieve,we want 2 make sure we r there,we heard the fanie mae lawyer mite b there 2, 2 find out why therer were geting only a 50% off there fine and not 10% like the other regular guy,,i think somebody reported 2 fanie mae that it sounds like fraud.
andrew sheets

He received this response:
From: dgarofalo@cityofnorthport.com
Subject: Re: Upcoming Weeks Commission Meetings
To: andrewbsheets
Date: Saturday, May 8, 2010, 5:14 PM

Be there at 1pm.
Its on the Consent Agenda.
I am pulling the item for discussion.
I agree.
Thanks for the Email.

David G
David J Garofalo Sr.
Chair-North Port City Commission
www.cityofnorthport.com
City of North Port
4970 City Hall Blvd.
North Port, Fl. 34286
Cell: (941) 628-2919 begin_of_the_skype_highlighting (941) 628-2919 end_of_the_skype_highlighting
**********
E-mail messages sent or received by City of North Port officials and employees in connection with official City business are public records subject to disclosure under the Florida Public Records Act.
***
To which Andrew responded:
From: andrew b sheets
Sent: Saturday, May 08, 2010 2:02 PM
To: David Garofalo
Subject: Re: Upcoming Weeks Commission Meetings

DAVE,WOWWWWWWWWWW, i finaly found the agenda and yes u r rite it was on there,we r stil coming there 2 meet u 2 find out wats going on..
thx andrew sheets and family

And received this reply:
From: dgarofalo@cityofnorthport.com
Subject: RE: Upcoming Weeks Commission Meetings
To: "andrew b sheets"
Date: Saturday, May 8, 2010, 6:03 PM

Come around 1245 and find me….
Thanks and I look forward to meeting with you,
David G
David J Garofalo Sr.
Chair-North Port City Commission
dgarofalo@cityofnorthport.com
www.cityofnorthport.com
City of North Port
4970 City Hall Blvd.
North Port, Fl. 34286
Cell: (941) 628-2919 begin_of_the_skype_highlighting (941) 628-2919 end_of_the_skype_highlighting
http://www.brainyquote.com/quotes/quotes/r/ronaldreag183966.html
**********
E-mail messages sent or received by City of North Port officials and
employees in connection with official City business
are public records subject to disclosure under the Florida Public Records
Act.
***
http://rlv.zcache.com/ronald_reagan_poster_governments_first_duty-p228268180285439510trma_400.jpg
Andrew then sent this reply back to the Commissioner:
To: dgarofalo@cityofnorthport.com
From: andrew b sheets
Date: Saturday, May 8, 2010, 6:03 PM

dave,thxxxxxxxxxxxxxx,cant wait 2 meet u 2,andrew

Andrew also contacted a local newspaper with copies of the e-mails and this message:
From: andrew b sheets
Sent: Saturday, May 08, 2010 2:52 PM
Subject: its andrew sheets on the areo house,,read the emails with the comisioner

they were going 2 discus the fine,but i think they mite lower it because of my email?i dont no,read the emails

So, on Monday, May 10, Andrew Sheets, and his Realtor, went to the North Port City Commissioners, at their Commission Meeting, to try to get the Code Enforcement fines reduced on the house he wanted to buy so that he could actually buy it. Here are the YouTube Videos of their presentation to the Commissioners:
North Port Code Enforcement Fraud--Part 1
North Port Code Enforcement Fraud--Part 2
http://rickyahuja.com/wp-content/uploads/2010/03/fraud073a.gif
The newspaper reporter had asked Andrew to "please e-mail me and let me know how it goes" so, after the meeting, Andrew did:

From: andrew b sheets
Sent: Monday, May 10, 2010 3:13 PM
Subject: RE: its andrew sheets on the areo house,,read the emails with the comisioner

OHHHHHHHHHHHHHHHHHHHH MYYYYYYYYYYYYYYYYY GODDDDDDDDDDDDDD,,now is the time 4 the nuclear option,,u gota watch the video of the meeting,they went ahaed and ripped off fanie may,,and itsssssssss on video,,godddddddddddddddd there stupid,,,im reporting fraud 2 fannie may,,and the proof is on the video,,there was another lady there runing 4 council that said,,she believes there is a state law that puts a cap on city finessssssssssssss,,we got 2 find out if it real,,north port needs 2 b taken outtttttttttttttttttttttttttt,,and i wil help in anyyyyyyyyyyy way i can,,we took r ofer off the table 2 but the house because of there insanity,,we r buying a house in punta gorda,inthe country,,safer there,,this needs 2 b on the news ,,period,,andrew sheets
http://www.trexglobal.com/property-management/wp-content/uploads/2009/11/fannie_mae_deed_for_lease_real_estate_management.jpg

That evening, Andrew contacted the F.A.C.E.OFF. Movement. Here is the e-mail he sent us:

From: andrew b sheets
To: faceoffmovement
Sent: Mon, May 10, 2010 7:07:31 PM
Subject: i am the latest north port victim of code nazis

we just went in front of city counsel 2 day,,they r outttttttttttttttttttt of control...they only came down 50%,,the did not give us the 10% amnesty

I immediately called him, and then sent him the podcasts of the Bill Mick Live Show during which his case had been discussed, along with this message:

From: F.A.C.E.OFF. Movement
To: andrew b sheets
Sent: Mon, May 10, 2010 8:18:41 PM
Subject: Podcasts of Your Case on Bill Mick Live

Hi Andrew Sheets!
Really looking forward to getting your story, in your own words, for the blog! I will be sending you more information and put you in touch with other people in our group very soon! Thank you for contacting us, and for being willing to Fight Back!
Alley

On Wednesday, May 12, Andrew Sheets called Bill Mick and talked with him on the radio about his story--the story that Bill Mick had found in the newspaper and talked about on his show on May 3rd. Here is the Bill Mick Live podcast which contains that call:
Bill Mick Live Wide Open Wednesday (6am Hour)

On Friday, May 14, Andrew Sheets told his story on SNN Local News 6 and on Saturday, May 15, he sent out the link to the video of the story to a whole lotta people, including us, that he was sure would be interested in watching it, along with his own comments about what was going on. We were very interested in watching it and we are sure that you will be too:
North Port, Florida Code Nazis Lie Again
http://www.theage.com.au/ffximage/2006/07/21/svNOSE_wideweb__470x331,0.jpg
From: andrew b sheets
Sent: Sat, May 15, 2010 5:52:46 AM
Subject: the interview for outrages north port fl code enforcement fines

share with youre friends,let them know we arent going to take it anymore.
and Vanessa the council member lies again,they did not give us the option for amnesty,the fine would have went from 16grand to only 300 bucks.
if anyyyyyyyyyyyyyyone know a good class action lawsuit attorney please let me know
sincerely.
andrew sheets
heres the link to the video
theres 1400 cases like mine in north port florida

http://www.youtube.com/watch?v=tRR3PKc_GMU

On Wednesday, May 19, Andrew Sheets, reported the fraud to Fanny Mae and told us (and alotta other interested people) about it in this e-mail:

From: andrew b sheets
Sent: Wed, May 19, 2010 7:19:24 AM
Subject: Fw: Reporting Possible Mortgage Fraud,andrew sheets,level 2,told 2 send info

the letter that fannie mae asked me to send when they called me yesterday,i called them and reported that fraud was comited when north port florida levied the fine,the fine was 16 grand,then they levied 8grand 50% off is the lowest we were told they would go,but in the counsel meeting they said we should have been given amnesty,witch would have been just the cost of the city dealing with it,witch is,300buks.
,and against florida statute,
of 500dollar fine limit on code violations
http://www.jugglingsubculture.com/wp-content/uploads/2009/01/500_front.jpg
--- On Wed, 5/19/10, andrew b sheets wrote:

From: andrew b sheets
Subject: Reporting Possible Mortgage Fraud,andrew sheets,level 2,told 2 send info
To: "mortgagefraud_tips@fanniemae.com"
Date: Wednesday, May 19, 2010, 1:49 AM

heres the video of the city counsel meeting for the property that you were selling at 8273 Aero Ave North Port, Florida 34287 i went there with my realtor to fight to get the fine reduced,from 16grand to 300 buks for amnesty,the house was only selling for 12 grand,the fine was for not having the numbers on the house even though they were on the m,ail box out front. the week before they gave a guy the amnesty for his 7grand fine,he paid only 10% of that.in the meeting the lady counsel member said that if the banks are makeing money why cant we,and that you sent the 8grand in good faith.but thats a lie north port told you me and my realtor we could only get 50% reduced,and we were not given the choice of amnesty thats why we were at the meeting asking for that,and were denied.heres the video for proof.
http://www.youtube.com/watch?v=QBy-vUb1dLY
http://www.youtube.com/watch?v=xo6IVIBi0GA&feature=related
i wil gladly testify to this fraud,andrew sheets...
ps,state statute states maximum of 500 buks 4 code violations

(5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide:

(a) That a violation of a code or an ordinance is a civil infraction.

(b) A maximum civil penalty not to exceed $500.
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=162.21&URL=CH0162/Sec21.HTM

On Wednesday, May 26, Andrew sent this e-mail, along with the YouTube video of his story on the local television news, to everyone who was following his case:

From: andrew b sheets
Sent: Wed, May 26, 2010 8:42:44 PM
Subject: north port,florida code nazis lie again
they did not offer me the amnesty on the code
enforcement fine of 16grand,for no house number,they said the minumum
that we could pay was 50%.when is the lies and insanity going to stop?
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiywuuh0tqMzSlh9WSXJDZqBm22vU8xT1FamQGZOhWIEEkN6n-MteyPMOk6arNfW57gh6dzIGm8hhE76SYHdeEXDbqjZItsho5k97qrp9y5P4m-Ri1aS_oNiqWvR3BagJARVFFjxL7RLVhZ/s400/lies.jpg

THIS NEEDS TO GET ON NATIONAL NEWS,AND A CLASS ACTION LAWSUIT.PLEASE LET ME KNOW IF ANYBODY KNOWS HOW TO GO ABOUT BOTH OF THESE

ANDREW SHEETS

Then, on Friday, May 28, Andrew sent out this short, but to the point e-mail to express his continuing frustration with the entire situation:

From: andrew b sheets
To: billmicklive; faceoffmovement; Christine Marfut
Sent: Fri, May 28, 2010 3:19:09 PM
Subject: THE NEW NORTH PORT FL FINE,THEY WIL LET U PAY JUST 25% NO INTREST

WAT HAPENED 2 THE AMNESTY 10%,WAT THE FUDGE

On Sunday, May 30th, Andrew Sheets sent the link to this newspaper article that appeared in the Sun:
Bungling Helps Explain Fines North Port Levied
along with his comments about it to all of the loyal followers of his story and to the North Port City Commissioners that he was sure would be interested in seeing it also:

From: andrew b sheets
Sent: Sun, May 30, 2010 9:40:34 AM
Subject: ANOTHER GREAT ARTICLE ON NORTH PORT FL CODE ENFORCEMENT INSANITY
http://www.foreclosuredeals.com/images/foreclosure-lawsuit.jpg
WE NEED A CLASS ACTION LAWSUIT AND THIS NEEDS A NATIONAL NEWS COMPANY TO PICK THIS UP.
WHAT HAPENED TO LETTING THE PEOPLE PAYING THE 10% AMNESTY,WHAT ABOUT THE OTHER PEOPLE THAT LOST THERE HOUSES OR HAD TO PAY HUGE FINES.THEY NEED TO BE PAID BACK.THERE CITY ATTORNEY HAS TAKEN OVER NORTH PORT AND RUINED IT

And on Tuesday, June 1st, for good measure, Andrew sent out this John Davis article from the Herald Tribune:
North Port Fails to Slash Legal Fees
with more of his thoughts:

From: andrew b sheets
Sent: Tue, June 1, 2010 5:37:25 AM
Subject: NORTH PORT FAILS TO CUT LEGAL FEES,HERALD TRIBUNE

SO IT LIKE I SAID BEFORE,ITS THE NORTH PORT FL,ATTORNEY THAT MIGHT BE THE DEVIL BEHIND ALL THIS INSANITY.LOOK AT HOW MUCH MONEY HES MAKEING ALL OVER THE PLACE ON THIS INSANITY.
IN THERE MEETING TRYING TO SOLVE THIS HE GAVE ALL THE FL STATUTES TO TO TO MAKE THE CITY COUNSEL FEEL LIKE THIS IS NORMAL FOR FLORIDA AND THE NATION,ITS ABSOLUTELY NOT.I BET THE PERCENTAGE OF OUT OF CONTROL CITYS LIKE NORTH PORT IS WAY LOW.LIKE .01% OF THE NATION.THIS IS WHY I HAVE FOUGHT THIS SINCE THE DAY I HEARD OF MY FINE FOR 16 GRAND ON THE FANNIE MAE HOUSE,FOR NOT HAVING THE NUMBERS ON THE HOUSE,EVEN THOUGH THEY WERE ON THE MAILBOX IN FRONT OF THE HOUSE.
THIS STILL NEEDS A CLASS ACTION LAWSUIT AND A NATIONAL MEDIA NEWS OUTLET NEEDS TO DO A SHOW ON THIS OUT OF CONTROL GOVERNMENT.THEN LETS SEE HOW MUCH THAT HELPED NORTH PORT FL GOVERNMENTS BOTTOM LINE.
SINCERELY
ANDREW SHEETS

On Wednesday, June 2nd, Andrew once again sent a very short, but pointed, e-mail, to reveal his thoughts on what needs to be done about the Florida Code Enforcement Insanity:

From: andrew b sheets
To: F.A.C.E.OFF. Movement
Sent: Wed, June 2, 2010 7:22:28 AM

WE NEED 2 GET FLORIDA 2 WRITE NEW STATUTES THAT STOPPPPPPPPPPPPPPP THIS INSANITY

To which I felt the need to reply:

From: F.A.C.E.OFF. Movement
To: andrew b sheets
Sent: Wed, June 2, 2010 8:30:50 AM

Yeah!!!!!
http://westmariettaneighbor.com/stop_the_madness.jpg
And finally, on June 6, 2010 Andrew Sheets sent me this newspaper article in the Herald Tribune, written by reporter John Davis:
Couple Stymied by North Port Fees Make Charlotte Home
with this short message:

From: andrew b sheets
Sent: Sun, June 6, 2010 7:59:22 PM
Subject: Couple stymied by North Port fees make Charlotte home

...north port lost another 1 because of there insane code enforcement fines...

Congratulations,
Andrew and Leonida!!!!!

For escaping from
The North Port Code Net!!!
http://farm1.static.flickr.com/99/316354367_2590161c9b.jpg
Posted by F.A.C.E.OFF. Movement at 9:59 AM
2 comments:

johnfromfl said...

Congrats on escaping the Code Net.
September 29, 2010 11:44 AM
DNS said...

Everyone PLEASE PLEASE PLEASE remember that liens by code enforcement on homestead property are FORBIDDEN by the Fl. Constitution. Article X section 4. As outlined on my website as well as here on faceoff. If Northport has placed liens on homestead property they have violated the law and are guilty of extorsion. The people behind the scam need to go to jail, period.

http://www.taxwaster.com
September 29, 2010 12:20 PM

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* ▼ 2010 (24)
o ▼ September (1)
+ North Port Code Net: The One That Got Away!
o ► August (1)
+ The White Rose
o ► July (1)
+ Big Win for the Fish in the North Port Code Net!!!...
o ► June (1)
+ F.A.C.E.OFF. on the Gary Chapman Show
o ► May (2)
+ Feeding Frenzy in the North Port Code Net!
+ Excuse You, Property Standards???!!!!
o ► April (18)
+ Russia & Poland--Not like North Port!
+ NEVER Patch Your Roof in North Port!!!
+ North Port Code Net: Just a Trollin' 'em in!
+ You Left The Property, Sir--It's Fine...
+ The Amazing Government Septic Scam
+ Government, LISTEN...
+ Code Enforcement Bill of Rights
+ DIRE DISTRESS--Wake Up America!
+ Jerry Brinegar Speaks Out!
+ How To Fight Back!
+ Who Belongs to Florida F.A.C.E.OFF. ?
+ you work for US!
+ Breaking the Code
+ The Plastic Lawn Chair (Or How You Can NEVER Be In...
+ Florida F.A.C.E.OFF. Visits Florida Puerto Rican/H...
+ What You Can Do to Help Eliminate Abusive Code Enf...
+ Wake Up City of North Port!
+ Who To Contact To Complain About Code Enforcement ...

About Me

F.A.C.E.OFF. Movement
*** WE WANT TO HELP YOU *** If you are having a problem with Aggressive Code Enforcement Abuse, and would like some assistance, please contact us by e-mailing: faceoffmovement(at sign)yahoo.com (Use the @ on the keyboard.)

View my complete profile

Monday, September 27, 2010

Got a permit for that pool?

Got a permit for that pool?

By Christopher O'Donnell

Published: Friday, August 19, 2005 at 4:08 a.m.

NORTH PORT -- The inflatable pool Marcy O'Neil bought on sale for $25 isn't turning out to be such a bargain.

O'Neil was cited by North Port's code-enforcement officers for not having a permit for her pool. She must submit a diagram of her lot and pay a $50 permit application fee -- twice what the pool cost.

And if she doesn't act soon, it could cost her much more: a $250 fine for every day she is in violation of the city code.

"My husband and I don't understand why you would need a permit," O'Neil said. "It's not attached to the house; it's not permanent. Maybe it's our negligence, but people go out and buy these all the time and I've never heard of them needing a permit."

For more than a year, the 4-by-13-foot inflatable pool in O'Neil's back yard has been a huge hit. It proved so popular with her daughter and other children that six of her neighbors in Spearman Circle bought similar pools.

At least four of the six have also been cited by the city for lacking permits, O'Neil said.

"I'm upset because when you buy the pool there's nothing that states you need a permit," said Eric Barnhouse, one of those cited. "I thought a permit was for a permanent structure. I don't understand why I need a permit."

The permit is to ensure that the pool complies with the state's Residential Swimming Pool Safety Act, said Scott Williams, North Port's building director.

The act, which took effect in 2000, was passed at a time when Florida had the nation's highest rate of drownings of children under 5.

The law requires that any residential pool, spa, hot tub or other container that holds more than two feet of water has at least one of four listed safety features, such as an approved pool cover, an alarm on doors and windows that lead to the pool area, or an approved barrier or pool fence.

Despite the law, drowning remains the No. 1 cause of death for children under 14, according to Wendy Parker, public information officer for the Florida Swimming Pool Association.

Williams said the citations were issued as part of routine inspections by the city's four code-enforcement officers. He said his office typically issues about two such notices each week.

"As much as different people will complain about that, if it saves the life of a child then I think it's worth that complaint," Williams said.

Officials in other cities contacted for this story said that inflatable pools are rarely cited.

Randall Cole, building official with the city of Punta Gorda, said city inspectors are not actively going out looking for temporary pools built without proper permits. They will look if a complaint is made.

"It hasn't been a problem here at all," Cole said. "We haven't had any reports at all."

Similarly, in the last two years, Bradenton has conducted only two investigations concerning pools built without permits, said Volker Reiss, supervisor of code enforcement.

"We really don't have a large number of those cases," Reiss said.

Residents' unfamiliarity with permitting requirements is not limited to pools. Williams said many North Port residents are unaware that a permit is required for minor changes to their property such as building a garden shed or changing their hot-water heater.

"How many other items are there that you can purchase that need permits?" Williams said. "We put out pamphlets, we update the Web site. There's only so much I can do. I can't cover every product that comes onto the market."

O'Neil said she will comply with the requirement but feels residents should be made aware of the need for a permit when they purchase a pool.

"We're going to pay for the permit because we love the pool," she said. "But we need to let people know they have to get these permits. I don't want other people to have to go through the shock of getting a (notice) in their mail like we did. I think the stores should put a sign up."

Code violators owe city thousands

Code violators owe city thousands
North Port uses liens to crack down on yard trash after years of lax regulation.

By John Davis

Published: Wednesday, March 28, 2007 at 3:27 a.m.

NORTH PORT -- Alexander Rokovets left a broken down 1994 Ford Explorer in his backyard for an alleged 188 days. Now he owes $9,400 in fines and fees to North Port, a city that is faced with regulating the yards of more people than ever in its history.

Rokovets is among dozens of residents who have racked up thousands in city fines because of code violations in recent years, typically at the rate of $25 or $50 a day plus interest.

As Florida cities struggle to balance services with population growth, leaders in North Port and other communities use the fines to send a message that they do not tolerate trashy yards.

Late last year, North Port decided to get serious about collecting from people who owed $10,000 or more in fines. This decision mushroomed the city's tax liens on residents from about 26 to 65 and growing as longtime offenders reach $10,000 in fines.

North Port's code violation collections doubled from 2005 to 2006, to more than $200,000, and with $124,275 collected so far this year the collections are still on the uptick.

"It's not about the money," said Whit Blanton, of Renaissance Planning Group in Orlando, noting that going through the courts to collect fines is often a long and arduous process.

Blanton said that municipal code enforcement or the lack of it "either solidifies or it hinders an image" in communities.

Rokovets and his attorney pleaded with commissioners to reduce fines for the unregistered Ford and debris in Rokovets' yard. He said the city letters threatening fines went to his father, who doesn't speak English.

"Most of the people we talk to have endless numbers of excuses," City Attorney Rob Robinson told the commission.

But Rokovet's alibi did not carry much weight at City Hall.

"My wife's Ukrainian. ... To me, that's just not a good excuse," said Commissioner Fred Tower.

Rokovets gave the Ford away, but his trouble with the city is not over. He said he would have to refinance his house to come up with the money.

"It's our responsibility and our oath to protect the property owners here," Tower said.

North Port Commissioner Barbara Gross said the $10,000 rule could help protect property owners from larger fines, since the courts will notify homeowners when the lien is filed in court and hopefully motivate them to get the situation taken care of.

"I believe that people have rights, but with rights come responsibility," Gross said.

But many residents do not realize a simple code violation -- unregistered cars parked in a yard or an unpermitted above-ground swimming pool -- could cost them thousands of dollars.

"They won't even bend enough to turn around and make it easy on me," said Russell Sichelski, a truck driver who says he spends maybe five days a month at his North Port home.

The city is coming after him for $24,000 because he had debris in front of his house for months.

Sichelski bought his house in 1991 and remembers the days when North Port was rural, making the cost of code violations to protect urban property values -- to him -- "insanity."

"There was nobody living here," he said of bygone times. "There were pigs in the front yard."

Code Enforcement Board members are not the most popular people because of their role as the city's hall monitors.

Board Chairman Alberto Belinfante said he is unlikely to give offenders breaks if they wind up in front of the board and have not cleaned up their yards. It typically takes months of warnings from city code enforcers and the code board before a fine is imposed.

"If we intend to get our city to look presentable, got to tighten it up," Belinfante said.

Belinfante said violators often do not take the board seriously until they get their bill.

But the city attorney has collected $70,000 through liens on the biggest violators and stands to collect tens of thousands more as cases make their way through the system.

Crazy North Port fines are a thing of the past

Ernst: Crazy North Port fines are a thing of the past

By Eric Ernst

Published: Friday, May 28, 2010 at 1:00 a.m.

Kudos to North Port city government.

When it comes to code enforcement, that phrase has a strange ring to it.

But after years of bureaucratic persecution inflicted on property owners who let their lawns grow too long or neglected to put address numbers on their homes, the city commissioners have called a truce.

Residents will still have to follow the rules, but when they don't, city staff will try to work with them rather than impose ridiculous fines and liens on properties.

The commissioners agreed to the shift Tuesday. Details will come later.

It's about time.

The city has taken a public relations pounding on its code enforcement. And deservedly so. For the most part, there was nothing outrageous about the rules, designed to ensure building safety and aesthetics. The trouble came at the enforcement end, when the city issued citations and imposed fines.

The process often involved no face-to-face contact. There were no limits. Fines accrued even after violations were rectified. At 18 percent interest, some grew to more than $100,000 for the most petty offenses.

The city adopted an aggressive approach during a real estate boom. Now it has 2,098 liens recorded against its citizenry. And, it has been trying to collect during a recession after property values have plummeted and people are out of work.

In what became a lose-lose proposition, violators were not complying, fines mounted and the city could not collect as much as it cost to try.

Quite simply, the system was out of control.

One former state legislator, after reading accounts in the newspapers, approached his successors last session about crafting a law to curb cities from employing practices similar to North Port's.

It probably would have become known as the North Port bill.

Not now, luckily. No town needs that type of publicity.

The commissioners will consider several reforms. They like the idea of capping fines. Three other Florida cities do that. Calloway, in Bay County, limits fines to 10 times the original amount. Biscayne Park and Springfield cap the accrual at 20 times the original.

The commissioners also favor splitting code infractions, and by extension fines, into categories such as aesthetics or health and safety.

Presumably, violations of aesthetic standards would be treated less severely than those addressing health and safety.

Of course, the best code enforcement entails personal contact, talking with people and persuading them to alter their behavior to make everyone happy.

It doesn't have to be painful or profitable.

Eric Ernst's column runs Wednesdays, Fridays and Sundays. Contact him at eric.ernst@heraldtribune.com or (941)486-3073 begin_of_the_skype_highlighting (941)486-3073 end_of_the_skype_highlighting.