Jim Ficken stands outside his home in Dunedin, Fla., where his lawn is no longer overgrown, but he still faces foreclosure. /) By Meagan Flynn Meagan Flynn Morning Mix reporter Email Bio Follow May 13 at 6:17 AM The grass got long. Jim Ficken knows it.
The lawsuit, filed May 7 in state court, argues that Dunedin’s code-enforcement scheme violates the Eighth Amendment’s ban on excessive fines, saying the punishment is disproportionate to the offense and that the city never considered Ficken’s ability to pay. The amendment’s excessive-fines clause was recently applied to states and municipalities in February following a Supreme Court ruling involving civil asset forfeiture. The Institute for Justice led the charge in that case, too.
That worked out fine for the next few years — until last summer, Ficken said. He knew something was perhaps going wrong when he kept contacting his friend, Russ Kellum, to make sure he was mowing the lawn, but got no response. The city, however, was also in no rush to notify Ficken. According to the lawsuit, if the city believes someone is a “repeat violator,” inspectors are not required to issue warnings or notices of fines to the resident. Because Ficken had been cited before, the city considered him a repeat offender. The Institute for Justice argues this failure to notify violated Ficken’s due process rights under the 14th Amendment.
“I think everybody agrees that $30,000 just for being tardy on mowing the lawn [is outrageous],” he said, “especially if you’re getting fined hundreds of dollars a day without even being informed about it.”
Wow!!! Such disregard for empathy and Understanding towards another human Being!!!
Sorry.... death of a parent doesn't mean you don't have time for weeks at a time to not mow your lawn. At the very least you could hire someone to do it. Long grass attracts rodents and pests, not to mention an unkempt yard decreases propert values
He could have bought three goats....
Florida is not feeling very friendly to the elderly, or the poor.
Guess they took a page out of Pete B's playbook in South Bend
Never own a house without having watched the X-Files episode about a homeowners' association.
Complicated world. Simple government.
How's are doing so much damage. They are made up of lawyers who scheme to collect more money. Some HOA charge $1,000 per month and you have to give up some rights.
He should have been more careful.
Oh no
Looks to me like a violation of the due process clause of the 14th ammendment more than excessive fines, which would apply here as well. With both of these, the city doesn't have a prayer.
I was out of the country and squatters took over my home. I came home to over $3000 in fines and an order of foreclosure.
mlaxis OMG
Why can someone be fined $500 at all (nevermind per day) by a city for letting their lawn get over 10' in length? That sounds absurd.
That lawn looks decently tidy.
Government gone wild
This fake RealEstate® is not even worth $1.00 if I cannot decide on my own when it is time to mow my own lawn, or else rip it out & plant a vegetable or flower garden, or whatever else I choose to do on my own property.
Just shows that HOAs are not actual communities, did anyone check on how he was, offer any support or help? Anything other than judgement?
Heaven forbid a neighbor mow that patch of grass out of the goodness of their heart.
He should be fined 4 wearing those shorts . American laws are full of shit I haven't bothered to read this pile of DUDU
Sholda payed a kid. Dope
See: House Sitter
I hope he wins. I hope the city council gets forced to overturn that stupid reg. I hope the mayor loses re-election because of it.
HOAs are BS!
Stop lawn shaming!
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