Institute For Justice Thread

[Revoltingest]

Fighting against unreasonable government regulation & fees they are.
(Yoda is a member.)

In the news....
Homeowner faces $30K in fines, foreclosure after not mowing lawn
DUNEDIN, Fla. -- A Dunedin man faces sky-high fines and possible foreclosure on his home after code enforcement cited him for overgrown grass in his yard.

Jim Ficken returned home last summer to find the grass in his yard grew more than 10 inches tall. Ficken spent most of his time in South Carolina helping take care for his late mother's estate.

Ficken says the man who mowed his yard unexpectedly died and the grass hadn't been cut.

City code enforcement officers noticed and started fining Ficken $500 a day, according to a lawsuit filed Tuesday in Pinellas County. The fines mounted to nearly $30,000 before the city notified Ficken of the problem, according to Ficken.

"That's about five or six years of living expenses for me. So, they’re really trying to take five years of my life.”

Attorneys with the Institute for Justice are now representing Ficken free of charge, claiming the fines are excessive.

“Crippling fines against their citizens in order to align their pockets and generate revenue on the backs of people who have done, really nothing wrong beyond small things like letting their grass grow too tall," said attorney Ari Bargil.

By: WFTS Digital Staff

DUNEDIN, Fla. -- A Dunedin man faces sky-high fines and possible foreclosure on his home after code enforcement cited him for overgrown grass in his yard.

Jim Ficken returned home last summer to find the grass in his yard grew more than 10 inches tall. Ficken spent most of his time in South Carolina helping take care for his late mother's estate.

PINELLAS COUNTY NEWS | The latest headlines from Pinellas County

Ficken says the man who mowed his yard unexpectedly died and the grass hadn't been cut.

City code enforcement officers noticed and started fining Ficken $500 a day, according to a lawsuit filed Tuesday in Pinellas County. The fines mounted to nearly $30,000 before the city notified Ficken of the problem, according to Ficken.

"That's about five or six years of living expenses for me. So, they’re really trying to take five years of my life.”

Attorneys with the Institute for Justice are now representing Ficken free of charge, claiming the fines are excessive.

“Crippling fines against their citizens in order to align their pockets and generate revenue on the backs of people who have done, really nothing wrong beyond small things like letting their grass grow too tall," said attorney Ari Bargil.

Dunedin's code enforcement board agreed Tuesday to move forward with foreclosing on Ficken's home.

“If they go ahead and foreclose on me, I can’t come up with the money to pay for it and I’ll just be booted out of the house and I’ll have to find another place to live," said Ficken.

A city of Dunedin attorney told ABC Action News that he can't comment on the lawsuit but stands by his decision to recommend foreclosing on the property.

 

[Father Heathen]

Makes me sick when laws exist for no other purpose than to generate revenue.

 

[Nakosis]

A city of Dunedin attorney told ABC Action News that he can't comment on the lawsuit but stands by his decision to recommend foreclosing on the property.

I suspect often the government just sees people as a source of revenue.

Someone out of a little compassion could say, mow the lawn and we'll forgive the fines. The needs of the budget outweigh the needs of the people.

 

[Enoch07]

A city of Dunedin attorney told ABC Action News that he can't comment on the lawsuit but stands by his decision to recommend foreclosing on the property.

I suspect the city govt will lose this decision if everything the homeowner says is true in this article.

A countersuit by the homeowner may be called for as well.

 

[sun rise]

unreasonable government regulation

This could as easily been about the same thing inflicted on homeowners by Homeowners Associations. Homeowner Association Horror Stories has a few horror stories.

It's not government or private bureaucracy but lack of common sense and, of course, this truth - "the bureaucratic mentality is the only constant in the universe"

 

[JustWondering]

America used to be the land of opportunity. Now its just a mess. I wonder how long it will be before people are actively revolting or fleeing the country. If I lived in Flint Michigan and a child related to me got lead poisoning there'd be hell to pay for someone. Americans just don't have any backbone anymore. They just sheepishly take whatever abuses the corrupt system doles out to them without fighting back.

 

[David1967]

They just sheepishly take whatever abuses the corrupt system doles out to them without fighting back.

Sad but true. This needs to change.

 

[Revoltingest]

I suspect often the government just sees people as a source of revenue.

Someone out of a little compassion could say, mow the lawn and we'll forgive the fines. The needs of the budget outweigh the needs of the people.

I see an unholy relationship between the power to fine & confiscate
combined with getting to keep the proceeds. Better incentives
would exist if proceeds accrued to an completely independent entity.

 

[FragrantGrace]

Fighting against unreasonable government regulation & fees they are.
(Yoda is a member.)

In the news....
Homeowner faces $30K in fines, foreclosure after not mowing lawn
DUNEDIN, Fla. -- A Dunedin man faces sky-high fines and possible foreclosure on his home after code enforcement cited him for overgrown grass in his yard.

Jim Ficken returned home last summer to find the grass in his yard grew more than 10 inches tall. Ficken spent most of his time in South Carolina helping take care for his late mother's estate.

Ficken says the man who mowed his yard unexpectedly died and the grass hadn't been cut.

City code enforcement officers noticed and started fining Ficken $500 a day, according to a lawsuit filed Tuesday in Pinellas County. The fines mounted to nearly $30,000 before the city notified Ficken of the problem, according to Ficken.

"That's about five or six years of living expenses for me. So, they’re really trying to take five years of my life.”

Attorneys with the Institute for Justice are now representing Ficken free of charge, claiming the fines are excessive.

“Crippling fines against their citizens in order to align their pockets and generate revenue on the backs of people who have done, really nothing wrong beyond small things like letting their grass grow too tall," said attorney Ari Bargil.

By: WFTS Digital Staff

DUNEDIN, Fla. -- A Dunedin man faces sky-high fines and possible foreclosure on his home after code enforcement cited him for overgrown grass in his yard.

Jim Ficken returned home last summer to find the grass in his yard grew more than 10 inches tall. Ficken spent most of his time in South Carolina helping take care for his late mother's estate.

PINELLAS COUNTY NEWS | The latest headlines from Pinellas County

Ficken says the man who mowed his yard unexpectedly died and the grass hadn't been cut.

City code enforcement officers noticed and started fining Ficken $500 a day, according to a lawsuit filed Tuesday in Pinellas County. The fines mounted to nearly $30,000 before the city notified Ficken of the problem, according to Ficken.

"That's about five or six years of living expenses for me. So, they’re really trying to take five years of my life.”

Attorneys with the Institute for Justice are now representing Ficken free of charge, claiming the fines are excessive.

“Crippling fines against their citizens in order to align their pockets and generate revenue on the backs of people who have done, really nothing wrong beyond small things like letting their grass grow too tall," said attorney Ari Bargil.

Dunedin's code enforcement board agreed Tuesday to move forward with foreclosing on Ficken's home.

“If they go ahead and foreclose on me, I can’t come up with the money to pay for it and I’ll just be booted out of the house and I’ll have to find another place to live," said Ficken.

A city of Dunedin attorney told ABC Action News that he can't comment on the lawsuit but stands by his decision to recommend foreclosing on the property.

Statutes & Constitution :View Statutes : Online Sunshine

If there isn't a lien put on this property for the absurd fine amount, this CE group can't foreclose.
If the home is protected under the homestead act they also cannot foreclose.

I hope this homeowner wins. The CE board has to prove they gave the home owner ample notice of violation. God be with this Mr. Ficken.
I wonder if his pro se law group can counter sue?

 

[Revoltingest]

This could as easily been about the same thing inflicted on homeowners by Homeowners Associations. Homeowner Association Horror Stories has a few horror stories.

I & others waged a battle against an unreasonable condo board, & won.

It's not government or private bureaucracy but lack of common sense and, of course, this truth - "the bureaucratic mentality is the only constant in the universe"

It's more than that.
Government is structured such that "policing for profit" is a major problem.
The private sector is much more closely regulated.
For example, tenants in housing owned by government have fewer rights
than tenants in privately owned housing, eg, eviction procedures. Why?
Government doesn't go by the rules it imposes upon others.

 

[Revoltingest]

Statutes & Constitution :View Statutes : Online Sunshine

If there isn't a lien put on this property for the absurd fine amount, this CE group can't foreclose.
If the home is protected under the homestead act they also cannot foreclose.

I hope this homeowner wins. The CE board has to prove they gave the home owner ample notice of violation. God be with this Mr. Ficken.
I wonder if his pro se law group can counter sue?

They wouldn't be pro se (aka pro per) because that's about representing oneself.
Perhaps you mean pro bono?
As for foreclosure, I think government liens trump homestead rights.

 

[FragrantGrace]

They wouldn't be pro se (aka pro per) because that's about representing oneself.
Perhaps you mean pro bono?
As for foreclosure, I think government liens trump homestead rights.

Yep, pro bono. You got it. Long day. Verrrry long.

From my link. Section 162.9 (3)
No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution.
History.—s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89-268; s. 4, ch. 94-291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11.
Note.—Former s. 166.059.

 

[Revoltingest]

Yep, pro bono. You got it. Long day. Verrrry long.

From my link. Section 162.9 (3)
No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution.
History.—s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89-268; s. 4, ch. 94-291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11.
Note.—Former s. 166.059.

Well that's good news.
I hope to see how IJ's efforts proceed.

 

[FragrantGrace]

Well that's good news.
I hope to see how IJ's efforts proceed.

As do I. If he wins his case when it is reported as a follow-up it may help others .
Years ago there was a man that made news when he was fined over $1,000 for violating an HOA rule restricting flag displays on one's personal property. The man donated to a veterans group and had their flag displayed.
He was told he'd be fined till the fine limit was reached or he conceded and removed the flag. He told the HOA and the press he had found out the maximum fine amount and could afford that. Meanwhile, his flag wasn't and didn't go anywhere!

 

[PureX]

Makes me sick when laws exist for no other purpose than to generate revenue.

Lots of perfectly reasonable laws exist to generate the necessary public revenue needed to maintain them. We usually call these tax laws, though sometimes they are levied as fines. And lots of people don't like these laws because people are selfish, and narrow-minded, and they don't want to pay because they don't recognize the necessity and benefit to themselves of doing so. (It's all about them, of they think.)

Unfortunately, in more recent years, there has been a tendency in some communities to pass some very unnecessary and unreasonable laws that have the specific intent of gouging certain citizens for a maximum amount of revenue completely irrespective of their claim on public services or their ability to pay. (For some odd reason this seems to be mostly a southern state thing.) And in these instances these laws should be rejected and ignored by their respective communities until the are rightfully rescinded.

 

[Revoltingest]

Lots of perfectly reasonable laws exist to generate the necessary public revenue needed to maintain them. We usually call these tax laws, though sometimes they are levied as fines. And lots of people don't like these laws because people are selfish, and narrow-minded, and they don't want to pay because they don't recognize the necessity and benefit to themselves of doing so. (It's all about them, of they think.)

Unfortunately, in more recent years, there has been a tendency in some communities to pass some very unnecessary and unreasonable laws that have the specific intent of gouging certain citizens for a maximum amount of revenue completely irrespective of their claim on public services or their ability to pay. (For some odd reason this seems to be mostly a southern state thing.) And in these instances these laws should be rejected and ignored by their respective communities until the are rightfully rescinded.

I wouldn't lay most of the blame with the south.
Northern states have set new standards in abuse of takings
power, eg, Kelo vs City Of New London. And in this case,
we have the fed supporting the unconstitutional power grab.

 

[PureX]

I wouldn't lay most of the blame with the south.
Northern states have set new standards in abuse of takings
power, eg, Kelo vs City Of New London. And in this case,
we have the fed supporting the unconstitutional power grab.

Of course you wouldn't. But from the news reports that I've heard about this over the years, it seems to be mostly a southern state thing. I have no idea why. That is not to say that it's exclusively a southern state thing, and I didn't say that.

 

[Revoltingest]

Of course you wouldn't.

Even though I've always been a northerner,
I've given up unreasonable prejudice against the south.

But from the news reports that I've heard about this over the years, it seems to be mostly a southern state thing. I have no idea why. That is not to say that it's exclusively a southern state thing, and I didn't say that.

On the theme of policing for profit, we have a map ranking states....
https://ij.org/report/policing-for-profit/
Looks rather independent of geography to me.
N Dakota is the worst.
Arizona is the best.

 

[PureX]

Even though I've always been a northerner,
I've given up unreasonable prejudice against the south.

I've lived in the South, and believe me when I tell you it is a weird place, deserving of as much crap as it gets, and then some. It's a culture with a split personality; so very friendly, and so very brutal.

On the theme of policing for profit, we have a map ranking states....
https://ij.org/report/policing-for-profit/
Looks rather independent of geography to me.
N Dakota is the worst.
Arizona is the best.[/QUOTE]That depends, I would think, of how the "policing for profit" has been defined. In the North, I would expect Ohio and Indiana to figure in. Just from my own personal experience of those states. I don't have much experience out west, so that's anyone's guess. North Dakota, who knows? Who ever even goes there? Maybe they have to eat teach other to survive up there. But the South, yep, no problem seeing it happening there. Those cliches are chiche for a reason.

 

[Revoltingest]

I've lived in the South, and believe me when I tell you it is a weird place, deserving of as much crap as it gets, and then some. It's a culture with a split personality; so very friendly, and so very brutal.

On the theme of policing for profit, we have a map ranking states....
https://ij.org/report/policing-for-profit/
Looks rather independent of geography to me.
N Dakota is the worst.
Arizona is the best.

That depends, I would think, of how the "policing for profit" has been defined. In the North, I would expect Ohio and Indiana to figure in. Just from my own personal experience of those states. I don't have much experience out west, so that's anyone's guess. North Dakota, who knows? Who ever even goes there? Maybe they have to eat teach other to survive up there. But the South, yep, no problem seeing it happening there. Those cliches are chiche for a reason.

I go to N Dakota occasionally.
But whether you like or visit the states is irrelevant to geographical
distribution of policing for profit. And it is wrong wherever it occurs.
IJ (Institute for Justice) does Odin's work to fight it.

Btw, I advise looking over a post after posting.
Check for things like how the quotes function.
Yours required some repair to make things readable.