CITY OF ATLANTIS
v.
GREGORY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Alexander Gregory challenged a code enforcement order imposing daily fines for repeat violation of a home business ordinance. The appellate court granted his petition for writ of certiorari, finding the city failed to establish a compliance date required by its own ordinance before assessing fines.
The city failed to comply with Section 2-97 of its ordinance because that section requires a compliance date to be set before fines begin to accrue, but the order directed immediate compliance without establishing such a date. The petition for writ of certiorari is granted and the matter is remanded for the city to set a proper compliance date.
[1] A municipality's code enforcement ordinance must be followed when assessing fines for repeat violations.
[2] Fines for repeat code violations may be assessed from the date compliance was set by order, not necessarily the date the violation was discovered.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The enforcement board, upon notification by the code inspector that a previous order...has not been complied with by the set time, may order the violator to pay a fine not to exceed $250.00 for each day that the violation continues past the date set for compliance for a first violation and may order the violator to pay a fine not to exceed $500.00 for each day the violation continues past the date set for compliance for a repeat violation.”
Sets forth the statutory requirement that fines accrue from 'the date set for compliance,' establishing that a compliance date must be established before fines run.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn April 17, 2008, a code enforcement special magistrate found Gregory in violation of Section 9-28 for operating an unauthorized home business. On Ju…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Code Enforcement cases and more on FLexlaw
Keith W. Davis, 1111 Hypoluxo Road, #207, Lantana, FL 33462
PER CURIAM.
On April 17, 2008, a code enforcement special magistrate for the City of Atlantis found Alexander Gregory in violation of Section 9-28 of the City Code for operating an unauthorized business in his home. On July 17, 2008, the special magistrate found him to be in compliance, having cured the violation. On November 3, 2008, Atlantis sent Gregory notice of repeat violation and notice of hearing for unlawful business operations out of home. The special magistrate held an evidentiary hearing on this violation on November 20, 2008. The magistrate found that based on the evidence and testimony Gregory was in repeat violation of Section 9-28 of the Code. The special magistrate assessed a fine of $250.00 per day since the code inspector determined that the property was not in compliance to run until the date the property was brought back into compliance. Section 2-97 of the City Code provides that:
The enforcement board, upon notification by the code inspector that a previous order...has not been complied with by the set time, may order the violator to pay a fine not to exceed $250.00 for each day that the violation continues past the date set for compliance for a first violation and may order the violator to pay a fine not to exceed $500.00 for each day the violation continues past the date set for compliance for a repeat violation.
Although the order states that it is to be complied with immediately, the order fails to set a compliance date.
The order additionally found that fines would be assessed beginning on July 18, 2008, the date that the code inspector found Gregory to be out of compliance. Florida Statute section 162.09(1), in contrast to section 2-97 of the City Code, provides that fees are to be assessed each date a repeat violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. The City failed to follow Section 2-97 of its Code because that section of the City Code would begin to assess fees the date that compliance was set by order, not the date the inspector found the violation to have occurred. The Petition for Writ of Certiorari is GRANTED and the matter is remanded to the lower tribunal so the City may set a compliance date for which the fees may begin to run for a repeat violation.
FRENCH, KELLEY, and ROSENBERG, JJ., concur.