Pompano Beach, FL asked in Gov & Administrative Law, Real Estate Law, Civil Rights and Municipal Law for Florida

Q: It is unconstitutional for my local city to charge me $100/day for violating a city ordinance regarding recreational veh

I keep a boat on the side of my yard behind a fence. The city is imposing a $100/day fine for violating the city ordinance of no recreational vehicles after hours and on weekends. It's on my private property. I am not part of an HOA or gated community. I have no plans to remove the boat. Is a yearly fine of 36,500 considered excessive (under the 8th amendment) for this type of offense? It is a fine levied as a lien against my home.

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3 Lawyer Answers
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: No way to say for sure without being able to review the ordinance and the paperwork you have received.

You need to hire an attorney to assist you as the fine is likely supported by the authority of the city as a governmental body.

Answered
  • Consumer Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Very unlikely as $100/day fines by cities have been around for a long time. Someone very likely had the thought before and failed on the argument.

Jennifer Isaksen agrees with this answer

Answered
  • Bushnell, FL
  • Licensed in Florida

A: I would recommend that you remove your boat in order to minimize your damages and consult with a local real estate attorney to determine your best course of action going forward. It does not seem you will prevail based upon the facts presented. Best of Luck! Jennifer

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