Katz Barron Squitero Faust | Practice Areas | Environmental & Land Use

Clipping over $100,000 from a homeowner's costs

In 1997, a Broward city cited a homeowner with a code violation: failure to maintain a hedge at 3 feet tall. A hearing was held before the City's Code Enforcement Board at which the violation was confirmed and a compliance date two weeks later was established after which a $100 per day fine would accrue.

Three years later, during an attempt to refinance the homeowner's property, a code enforcement lien was discovered, totaling over $118,000.00. She immediately cut the hedge, but no relief from the lien was obtained.

The homeowner sought our help. She claimed she had not received any notice of the hearing or its results, and had thought the matter resolved following her informal explanation to City representatives that a young hedge should not be trimmed until it matures.

We investigated the City's records, and found no clear evidence that the client had been sent notice of any hearing. We wrote to the City Attorney advising of the alleged procedural errors, and then we negotiated verbally. The City Attorney was willing to recommend a compromise. But this recommendation was subject to approval by the City Commission.

Our lobbying efforts and presentation before the City Commission resulted in an outcome that pleased our client greatly. Upon payment of $4,000.00 within 60 days, the $118,000.00 lien would be released and the matter entirely resolved, leaving the client free to obtain financing to pursue home improvements.

Dennis M. Stotts