Property: What it is and what it ain't
I see many on this blog speaking property "Values" and Quality of life" as if they are as tangible as "Real Property' itself.
When I speak of "Real Property" I mean something you can guard, lock up, or defend on the personal level (your body). 3D stuff you can put a tag on or show others it's existence.
"Values", "Quality of Life", and my personal non-favorite "Intellectual Property" are just concepts.
The State used to hold real property as the highest level to be acknowledged and defended in law,
Use of Real Property w/o physically encroaching on that of others was open.
Concepts as "Values" "Quality of Life" "Intellectual Property" exist only to the extant that the State can enforce their acknowledgment.
Acknowledgment on a one to one basis as in a contract w/an insurer or lender allows it's existence on an instance to instance basis and the State only comes in to mediate the upholding of contract not what's being contracted over.
A backlash over the extension of "Conceptual Property" rights over "Real Property" by the State seems to be brewing.
Look at the movement to reverse the powers of "Eminent Domain".
Better yet look at how no matter what a person does in relation to code. If they own it and it's not a health hazard. They can't do anything in a real sense. It's either homage to the original definition of property or knowing that when push comes to shove a half-assed constitutional lawyer can shoot the whole thing down.
19 comments:
Actually, youre wrong..
A code violation is a misdemeanor and a criminal citation could be done on ANY violation.
Doesn't sound like a suggestion program.
Any municpal ordinance violation is a misdemeanor.
Wow, what a bizarre posting. It will be interesting to see the feed back from this one. Flyer Anon, I think you will find yourself standing alone on this point. First of all, a Code violation can be enforced and you could be cuffed and jailed immediately. Unfortunately, the city of Tampa has had whimpy leaders like Jorge Martin, the city attorney, who for some reason has no back bone to enforce the law as written. We have had a Mayor who has decided to look the other way with code and instead spend her resources on builing more unkept parks.
On a previous post, you metioned that older residents, and more specififically the African American residents, are probably tired of the new residents pushing code. However, there was in interesting article in St. Pete Times where they interviewed Black residents on this issue. They want cleaner neighborhoods! One quote was "Some of these kids have no hope if all they see around you is poverty." How can anyone possibly find any reason to support or encourage the lifestyle that you constantly seem to defend. Look at the street you live on, a mess, look at Palifox east of 12th, it looks 3rd world. What kind of life do you think these children will face.
Every study shows that crime is worse in neighborhoods with high rates of code violations, however, our city leaders turn a blind eye. As the city goes to the polls next March, We will have a choice to Oust Iorio and replace her with someone that has the courage to make a difference.
When I moved into this neighborhood there were many reasons. I refuse to be a parent that will sell and run to the country to raise my children. Instead, I will stay, and fight for what is right. Yes, I have been here for over 10 years, yes I have seen the "really bad." I moved here as a single person, was married and then decided to start a family here. I can only hope that more young couples and parents decide to stay and keep their children in the area. However, it will take everyones particiapation to make a difference. And, I do not mean you MUST join the civic association to make a difference. I am not a member, but I am active with the city. I personally found that my time is better spent dealing with each issue one on one, writing letters, etc. For some, they do need the assoc. to lead and guide them. What ever your course, just get involved to make a difference.
Flyer anon, you are simply full of absolute, 100% bullshit! You are just talking to hear yourself speak, and you think that you sound real smart. Go to law school then start preaching about property law. 75 % of what you said in your post is simply incorrect. Blah, blah, blah. Stick to flying!
Flyer anon is not a reference to flying, it's in reference to his threatening to print a flyer regarding turning people in who anonymously reported code. In case you're mistaking Flyer Anon(not me) for IFly(me)as has been done before, please don't, I'm all for code enforcement, and wish they'd do a better job of it.
Thank you for the clarification, ifly. Your clarification of what Flyor Anon means helps confirm to me that this guy is just a cook. Anyone who centers their online persona around reporting anonymous code tipsters just ain't all there. Perhaps Flyer Anon should move to Wyoming or Idaho and set up an anti-government, property-rights militia. Flyer Anon should have his blog-contributer status revoked by the moderator . . . not because he takes controversial viewponts, but because he simply does not know what the hell he is talking about and because he is full of unsupported bullshit.
I love the code enforcement postings. Nothing gets more activity than discussing the lack of code enforcement. Flyer Anon, have you noticed that you are usually the lone dissenting voice against tougher code. Maybe that should tell you something.
gees.cant you all agree on anything?
I can agree to whip your a$$ for being so stupid.
All I need is some Jack Daniels and brass knuckles.
Flyer Anon, here is a great example I would like to hear your explanation. Yesterday evening, I was walking through the neighborhood with my 2 children. We came upon the corner of 10th and Cayuga. First, there was almost an accident with two vehicles nearly missing each other as the overgrowth blinds most of the corner. Second, the large two story home on the northeast corner, I belive it is 1002 Cayuga. What a mess. The makeshift fence must be illegal, the yard is so overgrown that it can't be safe. Does the city not have the authority to go in and clean this property? There must be a way to make the owner clean it up. I did not feel safe walking by it as you have no idea what will come running out of it. Please drive/walk by and let me know what your opinion would be. I would be interested in hearing.
This house has been on this site numerous times before. I did notice it also this weekend. This property owner has taken defiance to a whole new level. From the make shift fence with plastic bags to now painting the home electric blue or purple.
COME ON CITY OF TAMPA, STAND UP AND SHOW SOME TEETH! WHY DON'T YOU WORK FOR THE SIX FIGURE SALARY WE PAY YOU!
Flyer Anon, you may want to update your research. You can be fined or jailed. Look into Judge Dominguez, the biggest waste of tax payer dollars. Mayor Iorio selected him to head code court. He can put you in jail. Not that he has done it often, but he has done it.
Flyer Anon spews shi! out of his mouth and has no idea what he is talking about..
They can cuff and stuff you and kick your a$$ if they wanted and its all legal..
When all else fails with TPD..we send code over to go do some behind the scenes a$$ whipping.
The $hit cleans up real quick.
Legally, code enforcement can send you to jail and they can foreclose on your property if it's not homesteaded. Simply not mowing your lawn often enough will trigger neither of these penalties. But, yeds, you can be handcuffed and sent to jail. In this town, however, it's up to Judge Dominguez. To date he's not real interested in doing that, but he can.
The only thing that a homestead protects you on is the act of foreclosure. You can still be put in jail (but, realistically, that would have to be a pretty extreme case) and fined. The lien still attaches and if, many years down the line, you want to sell the house, it will be encumbered.
The problem with placing a lien as punishment is that it's something that will happen in the future and in some cases after the violator has departed. People who let code violations go that far have already proven that they don't think much beyond the moment or care about anyone but themselves, so as a punishment a lien is just a paper tiger in most cases.
The interesting thing is that Tampa/Florida law allows the city to go in and bring a case to compliance. For example, the house on Caracus with exposed wall studs and electrical that has been in violation for over 10 years--The city could go in, bring the house to compliance then place a lien on the home. Eventually, the home would sell, the city would collect their money. However, the city has rarely excercised this power as they are claiming short staff. Most larger cities do simple task such as mowing, etc. then adds the hefty fine to water service which forces owners to pay or lose service. Tampa MUST get tougher if they want to become the next "great" city.
Flyer Anon..pull your head out of your a$$..
Code has sent people directly to jail on homesteaded properties...
Please...dont talk about things you dont have any idea of.
Talk to your code officer.
She will tell you.
Homesteaded or no homesteaded..you can go to jail if it is bad enough.
Actually, everyone is right! First, You can go to jail if the property is homesteaded. There was an older gentleman from east Tampa that had several properties including his homesteaded residence. He had goats and chickens. Judge Dominquez sentenced him to jail. So yes you can go to jail with homesteaded property issues.
However, Flyer Anon is correct also! They don't send you to jail immediatley upon opening the case. The case has to travel through the system, so before you go to jail, you get the million warnings, you day before the code master, then more warnings, then court. Typically, the code court could last up to one years. Each month you are brought before the judge to discuss progress. If there is none and the judge gets tired of playing his games, you are sent to jail. I have never seen anyone sent to jail in less time than a year.
Two words..
Harold Carr
Went directly to jail.
You need to take your head out of your a$$.
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