Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a year but couldnt figure how to remove my post from vrbo so blocked all dates. Each month vrbo sent an email telling me to open dates so I would appear in searches again. I went to the magistrate with my long term tenants lease, the email saying I wasn't in search results and print out from vrbo showing no reservations in 365 days to find I was appearing in searches although couldn't be booked. The city said this was advertising which was my violation. At the time my property was split zoned w half legal for short term but code inspector testified it was not.Since then I had the other half rezoned so it is now legal. Can I sue to recover the fines as excessive?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Real Estate Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.