{"id":299008,"date":"2021-07-14T01:54:07","date_gmt":"2021-07-13T22:54:07","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/100k-for-parking-on-your-own-property-and-other-town-code-outrages\/"},"modified":"2021-07-14T01:54:07","modified_gmt":"2021-07-13T22:54:07","slug":"100k-for-parking-on-your-own-property-and-other-town-code-outrages","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/100k-for-parking-on-your-own-property-and-other-town-code-outrages\/","title":{"rendered":"#100K for parking on your own property . . . and other town-code outrages"},"content":{"rendered":"<p>&#8220;<strong>#100K for parking on your own property . . . and other town-code outrages<\/strong>&#8221;<br \/>\n<img decoding=\"async\" src=\"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2021\/07\/Sandy-Martinez.jpg?quality=90&amp;strip=all\" \/><\/p>\n<div>\n<p>The\u00a0town of Lantana, Fla., is \u00addemanding that Sandy Martinez pay $165,000 in fines, which is nearly four times her annual income and more than half what her house is worth. The \u00admunicipal-code violations that led to those fines are decidedly less impressive: driveway cracks, a storm-damaged fence and cars parked on her own property in an \u201cun<a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>roved\u201d manner.<\/p>\n<p>Martinez argued that Lantana\u2019s absurdly disproportionate response to her trivial infractions violates the state constitution\u2019s ban on \u201cexcessive fines.\u201d The Institute for Justice, which represents Martinez, said the case epitomizes \u201ctaxation by citation,\u201d the perverse practice of using code enforcement to raise revenue rather than protect public safety.<\/p>\n<p>This week, Lantana, a town of about 12,000 people in Palm Beach County, asked 15th Judicial Circuit Court Judge Donald Hafele to dismiss Martinez\u2019s lawsuit. Hafele \u00addeclined. \u201cIt\u2019s surreal that the town still refuses to admit that what it\u2019s doing to me is abusive and unfair,\u201d Martinez said.<\/p>\n<p>The fines imposed on Martinez stem mostly from the way she and her family solved a parking puzzle. Martinez has a car \u2014 so do her two adult children and her sister. But her street has no curbs and isn\u2019t wide enough to accommodate parked cars.<\/p>\n<p>Since Martinez and her relatives couldn\u2019t legally or safely park on the street, the driveway seemed like the only viable option. When all four cars were parked at Martinez\u2019s home, two of them sometimes extended slightly beyond the driveway, which is flanked by her lawn and a walkway.<\/p>\n<figure class=\"wp-block-embed-youtube wp-block-embed is-type-video is-provider-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\">\n<span class=\"embed-youtube\" style=\"text-align:center; display: block;\"><iframe loading=\"lazy\" title=\"Working Mother of 3 Faces $100,000 Parking Violation\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/arP5ZzT_ihU?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/span>\n<\/p>\n<\/figure>\n<p>As Martinez\u2019s complaint notes: \u201cParking on one\u2019s own front yard space, even a tiny bit, is illegal in Lantana.\u201d The penalty: $250 a day.<\/p>\n<p>After she received her first citation in May 2019, Martinez repeatedly tried to arrange a visit by a code-enforcement officer to show that she had corrected the violation. But after those efforts proved \u201cfruitless,\u201d the complaint says, she \u201ceventually forgot about the issue.\u201d<\/p>\n<p>The daily fines continued to accumulate, eventually exceeding $100,000. Martinez understandably thinks \u201cit\u2019s ridiculous that Lantana would charge me over $100,000 for parking on my own grass that I paid for.\u201d<\/p>\n<p>The city also faulted Martinez for driveway cracks that the complaint describes as \u201cminor and purely cosmetic.\u201d Because Martinez \u201cdid not have the time or money to fix [the driveway] right away,\u201d the lawsuit says, she was hit with $75 daily fines for 215 days, totaling $16,125 \u2014 \u201cfar greater than the cost of an entirely new driveway.\u201d<\/p>\n<p>Then there was the fence. \u00adBecause it was downed by a major storm, the repair was covered by insurance. But the claim took a while to resolve, and meanwhile, Martinez couldn\u2019t afford to fix the fence. The delay resulted in $125 daily fines for 379 days, totaling $47,375 \u2014 \u201cseveral times the cost of the repair and substantially more than the cost of a completely new fence.\u201d<\/p>\n<p>Martinez\u2019s case is part of the \u00adInstitute for Justice\u2019s broader \u00adattack against local code practices that impose outrageous fines for trifling offenses. Dunedin, Fla., for example, demanded nearly $30,000 for tall grass, while Eagle, Wis., imposed a nearly $90,000 penalty for trucks parked on rural property.<\/p>\n<p>Small towns facing hard times \u00adoften come to rely on fines for a substantial part of their budgets, a habit that can be hard to shake. But the oppressive practices encouraged by that strategy leave residents bewildered, resentful and \u00adangry \u2014 a situation highlighted by a 2015 Department of Justice investigation of code enforcement in Ferguson, Mo.<\/p>\n<p>As much as Martinez might want to escape Lantana and its draconian decrees, she is trapped. Even selling her house wouldn\u2019t raise enough money to cover her debt to the city, since she also would have to pay off her mortgage.<\/p>\n<p>\u201cPlaces like Lantana routinely impose crippling fines against residents for minor code violations,\u201d Ari Bargil, an attorney with the \u00adInstitute for Justice, said. \u201cIt is time that Florida courts make it clear that cities cannot fine people into poverty for trivial violations.\u201d<\/p>\n<p><em><a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Twitter<\/a>: @JacobSullum<\/em>\n            <\/div>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong>\n<\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/nypost.com\/2021\/07\/13\/100k-for-parking-on-your-own-property-and-other-town-code-outrages\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;#100K for parking on your own property . . . and other town-code outrages&#8221; The\u00a0town of Lantana, Fla., is \u00addemanding that Sandy Martinez pay $165,000 in fines, which is nearly four times her annual income and more than half what her house is worth. The \u00admunicipal-code violations that led to those fines are decidedly less&#8230;<\/p>\n","protected":false},"author":1,"featured_media":299009,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2021\/07\/Sandy-Martinez.jpg?quality=90&strip=all&w=1200","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[111736,70548,6642],"class_list":["post-299008","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-7-13-21","tag-fines","tag-florida"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/299008","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=299008"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/299008\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/299009"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=299008"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=299008"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=299008"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}