johnwk
12-03-2008, 12:17 PM
Did anyone hear about this?
Kenneth City delays decision on neatness ordinance (http://www.tampabay.com/news/localgovernment/article919476.ece#comments)
The proposal basically sets standards for upkeep and appearance and gives town officials the right to enter homes. If the owner refuses to allow the official to enter, the town can go to a judge for an "administrative search warrant" to allow access to the interior of buildings. Violations would cost up to $250 a day
Paul Marino and the city counsel need to learn the law before threatening to search owner-occupied family residences to see if they are “neat“.
Perhaps Marino and Kenneth City’s town counsel ought to start with a review of:
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-27 (http://myfloridalegal.com/ago.nsf/printview/830A105DC73A104D85256B910071CDD4)
Date: April 4, 2002
Subject: Code enforcement, search of private property
“The Florida Legislature has made provision for the issuance of limited administrative search warrants in sections 933.20- 933.30, Florida Statutes. These written orders, designated "inspection warrant(s)," must be signed by a judge or committing magistrate and directed to a state or local official to conduct an inspection of any building, place, or structure as authorized or required by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.[11] Owner-occupied family residences are specifically exempted from the provisions of this act.[12]
In sum, it is my opinion that a municipal code inspector is without authority to enter onto any private, commercial, or residential property to assure compliance with or to enforce the various technical codes of the county or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises, or without a duly issued search or administrative inspection warrant. The procurement and issuance of administrative inspection warrants is governed by the provisions of sections 933.20-933.30, Florida Statutes. However, owner-occupied family residences are exempt from the provisions of sections 933.20-933.30, and a search warrant or prior consent and approval of the owner is required for a search of these premises.”
The bottom line is, there is a vast difference between so called “public accommodations” with regard to “administrative warrants” being issued to conduct inspections of said properties for various types of code enforcement [public health and safety], from those properties which are “owner-occupied family residences ” and are guaranteed the full protection of Florida’s Declaration of Rights, Sec. 12, which requires a “Warrant” and the stringent requirements to obtain said warrant which do not apply to administratively issued warrants.
JWK
" I believe that there are more instances of the abridgement of the freedom of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations." ___ Madison Elliot`s Debates, vol. III, page 87 (http://memory.loc.gov/cgi-bin/ampage?collId=lled&fileName=003/lled003.db&recNum=98&itemLink)
Kenneth City delays decision on neatness ordinance (http://www.tampabay.com/news/localgovernment/article919476.ece#comments)
The proposal basically sets standards for upkeep and appearance and gives town officials the right to enter homes. If the owner refuses to allow the official to enter, the town can go to a judge for an "administrative search warrant" to allow access to the interior of buildings. Violations would cost up to $250 a day
Paul Marino and the city counsel need to learn the law before threatening to search owner-occupied family residences to see if they are “neat“.
Perhaps Marino and Kenneth City’s town counsel ought to start with a review of:
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-27 (http://myfloridalegal.com/ago.nsf/printview/830A105DC73A104D85256B910071CDD4)
Date: April 4, 2002
Subject: Code enforcement, search of private property
“The Florida Legislature has made provision for the issuance of limited administrative search warrants in sections 933.20- 933.30, Florida Statutes. These written orders, designated "inspection warrant(s)," must be signed by a judge or committing magistrate and directed to a state or local official to conduct an inspection of any building, place, or structure as authorized or required by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.[11] Owner-occupied family residences are specifically exempted from the provisions of this act.[12]
In sum, it is my opinion that a municipal code inspector is without authority to enter onto any private, commercial, or residential property to assure compliance with or to enforce the various technical codes of the county or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises, or without a duly issued search or administrative inspection warrant. The procurement and issuance of administrative inspection warrants is governed by the provisions of sections 933.20-933.30, Florida Statutes. However, owner-occupied family residences are exempt from the provisions of sections 933.20-933.30, and a search warrant or prior consent and approval of the owner is required for a search of these premises.”
The bottom line is, there is a vast difference between so called “public accommodations” with regard to “administrative warrants” being issued to conduct inspections of said properties for various types of code enforcement [public health and safety], from those properties which are “owner-occupied family residences ” and are guaranteed the full protection of Florida’s Declaration of Rights, Sec. 12, which requires a “Warrant” and the stringent requirements to obtain said warrant which do not apply to administratively issued warrants.
JWK
" I believe that there are more instances of the abridgement of the freedom of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations." ___ Madison Elliot`s Debates, vol. III, page 87 (http://memory.loc.gov/cgi-bin/ampage?collId=lled&fileName=003/lled003.db&recNum=98&itemLink)