Limitations on Establishing Unsafe Structures Liens and Special Assessments: Homestead Exemption, Special Benefit to Land, and Public Purpose and Facility Doctrine

In short, the legal firm we hired and the attorney representing us didn’t do a good job. We’re thinking about finding a new lawyer to help with our case. Unsafe structures are buildings that are deteriorated, unsanitary, vacant, or damaged. If a building is found to be unsafe, the local government can take action to repair or demolish it. The costs of this work are paid by the government, but the owner of the property is ultimately responsible for paying back the money. If the owner doesn’t pay, the government can place a lien on the property, which means they have a legal claim to it until the debt is settled. This can have consequences for the property owner, especially if the property is their primary residence. There are also questions about whether this process is fair and lawful. If someone violates a local law and gets fined, the fine becomes a legal claim on any property they own. But if the property is their main home, called a homestead, it’s mostly protected from being taken away to pay the fine. The only times it can be taken are for not paying property taxes, for loans taken out to buy or fix the property, or for not paying for work or materials used to fix the property. Even if the owner has to leave their home because it’s not safe, their homestead protection should still apply. If a creditor doesn’t believe the home should be protected, the owner can file a notice in public records and ask a court to decide if the home is really a homestead and protected from being taken. It’s against the law for a local government to take someone’s homestead to pay for a fine, unless it fits into one of the three exceptions. Even if the law doesn’t specifically say that a home with a safety code violation is protected, it should still be covered by the homestead protection. In Florida, municipalities have the authority to impose special assessments on real property to fund public functions, facilities, and infrastructure that benefit specific areas. These assessments must provide a direct and unique benefit to the properties being taxed. The courts have set criteria for what can be funded by special assessments and require a “logical relationship” between the government’s expenditures and the benefit to the assessed properties. The goal is to enhance the value of the real property in the special district. However, there is uncertainty about how much benefit is provided by government activities, and local governments must provide evidence of the benefit before imposing a special assessment. Without clear evidence, the assessment may be considered an unlawful tax. It’s important for local government to carefully evaluate and research the impact of their activities on the properties being assessed to ensure they are following the law. Basically, a local government can use special assessments to pay for the repair or demolition of unsafe structures, but they have to show that the expenditures benefit specific properties and are used for public purposes. However, there are still questions about whether these assessments are legitimate. If they are, they can be enforced against both homestead and non-homestead properties. But if they are not lawful, then they cannot be enforced, and the property cannot be sold to pay the assessment. And even if a local government’s code allows for a lien on an unsafe structure, it cannot be used to force the sale of a homestead property. Local governments have made changes to the Florida Building Code, allowing for special assessments to fund the repair and demolition of unsafe structures. However, there are questions about whether these assessments are legal and if they truly benefit the community. The Florida Building Code requires the demolition of a building if repairs exceed 50% of its value, and local governments can make their own changes to the code as long as they increase public safety. These are citations to court cases and local government ordinances in Florida related to unsafe structures. The ordinances allow for foreclosure of real property if an unsafe structures lien is recorded and remains unpaid. This means that if someone doesn’t pay a fine for having an unsafe structure on their property, the local government can take their property away. The Florida Building Code is based on national standards but can be changed by local governments. Some local governments use “lien” and “special assessment” interchangeably. Taxes and assessments on a person’s home can lead to the property being sold if they don’t pay. There have been legal cases related to this issue in Florida. The homestead exemption in Florida protects families from losing their homes because of unpaid debts. Whether a property is considered a homestead is a question of fact, and abandonment of homestead is also a matter of fact. In some cases, involuntary changes in residence, like for medical reasons or because of a court order, do not count as abandonment. There are exceptions to Florida’s homestead exemption, but it generally provides strong protection for families’ homes. This information discusses the limits of the homestead exemption in Florida, which protects a person’s primary residence from certain debts and liens. It also mentions specific court cases and Florida statutes related to homestead protection. The article also discusses a local government ordinance that may conflict with Florida law regarding the enforcement of code violations on homestead property. Lastly, it mentions cases related to stormwater utility and special assessments. The terms “special assessment,” “non-ad valorem assessment,” and “assessment” all mean the same thing. Florida law allows local governments to use special assessments to pay for things like building and fixing streets, sidewalks, parks, and other public infrastructure. There are court cases that have looked at how special assessments are used in Florida. Local governments in Florida have to follow specific rules when imposing special assessments on properties. If the government doesn’t give proper notice or hold a public hearing to explain why the assessment is needed, property owners can challenge the assessment and get a refund. However, if property owners don’t challenge the assessment on time, they might lose the opportunity to challenge it later. Florida counties and municipalities have the power to impose special assessments under state law and their local charters. This allows them to charge property owners for specific projects or services that benefit the community. These are court cases in Florida where different cities and counties were involved in legal disputes over various issues. Some of the cases involved environmental concerns, while others were about property rights and zoning laws. The courts made decisions about who was right in each situation. Local governments in Florida have the power to create redevelopment agencies and Tax Increment Financing (TIF) districts under Florida Statutes §§163.330-163.450 (2009). These agencies can use the TIF to fund infrastructure improvements and economic development projects. The Florida Statutes §§170.01 (2), 170.02, 170.03, and 170.04 (2009) also grant local governments the power to establish and operate municipal electric utilities. Courts have upheld the authority of local governments to create these agencies and utilities in cases such as City of Treasure Island v. Strong, Atlantic Coast Line R. Co. v. City of Lakeland, and Donnelly v. Marion County. In Florida, local governments can impose special assessments on property owners if the expenses are for a public function or facility that benefits specific properties. This is also similar to the requirement for eminent domain, which also requires a public purpose and function. Both of these actions must follow the Florida Statutes. If removing an unsafe structure is considered a public purpose and improvement, the costs can be assessed to the property owner. But if the demolition only benefits the specific property, then a special assessment should not be permitted. These rules have been established in various court cases and Florida statutes. Harry M. Hipler is a lawyer in Dania Beach, Florida, who specializes in local government law, family law, and commercial litigation. He has received advanced degrees in law and urban planning. This information was provided by the Real Property, Probate and Trust Law Section. “To teach its members about doing their duty and serving the public, to make the justice system better, and to improve the study of law.”

Source: https://www.floridabar.org/the-florida-bar-journal/limitations-on-establishing-unsafe-structures-liens-and-special-assessments-homestead-exemption-special-benefit-to-land-and-public-purpose-and-facility-doctrine/