Stratton v. Sarasota County

983 So. 2d 51, 2008 WL 1960274
CourtDistrict Court of Appeal of Florida
DecidedMay 7, 2008
Docket2D07-3209
StatusPublished
Cited by8 cases

This text of 983 So. 2d 51 (Stratton v. Sarasota County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stratton v. Sarasota County, 983 So. 2d 51, 2008 WL 1960274 (Fla. Ct. App. 2008).

Opinion

983 So.2d 51 (2008)

Nancy A. Burns STRATTON, Appellant,
v.
SARASOTA COUNTY, Florida, a political subdivision of the State of Florida, Appellee.

No. 2D07-3209.

District Court of Appeal of Florida, Second District.

May 7, 2008.
Rehearing Denied June 13, 2008.

*53 Gene M. Strebel of Law Offices of Michael Moran, Sarasota, and James K. Green of James K. Green, P.A., West Palm Beach, for Appellant.

Stephen E. De Marsh, County Attorney, and Milan Brkich, Assistant County Attorney, Sarasota, for Appellee.

VILLANTI, Judge.

Nancy Burns Stratton appeals from the final judgment of foreclosure entered in favor of Sarasota County after it filed liens for the cost of demolition against her real property. Because the final judgment includes amounts to which the County is not entitled, we reverse and remand for further proceedings.

In 2001, Stratton purchased a Gulf-front house that had been originally designed by a renowned architect associated with the Sarasota School of Architecture. The house, which was built in 1970, was known as the "Solomon house," and it was well known in Sarasota, particularly in its art community. The house consisted of a residence and an artist's studio, which were separated by an enclosed courtyard but connected by a raised bridge. When Stratton purchased the house, it was subject to an existing condemnation order from the County because the Gulf of Mexico was rapidly eroding the shoreline of the property. Stratton sought to have the house designated as a historic landmark, which would have allowed her to make extensive repairs to the western portion of the house and to construct protective seawalls and berms without running afoul of various County and FEMA regulations. In the absence of the historic landmark designation or certain variances, numerous regulations and code provisions prohibited Stratton from constructing shore protection and repairing the house.

After several hearings, the County denied Stratton's request to have the house designated a historic landmark and denied her requests for variances. Thus, the erosion of the shoreline continued, and the house began literally crumbling into the Gulf of Mexico. At that point, because the house constituted a hazard to beachgoers, the County declared the house to be an imminent threat to public safety. It then obtained an emergency condemnation and demolition order, solicited an emergency bid to demolish the western portion of the house, and proceeded to demolish that portion of the house. This demolition formed the basis of the County's claim of lien for $129,315.23, which was recorded against *54 the house and property on April 29, 2003. Of this total, $18,865.67 represented an amount claimed by the County for the payroll expenses allegedly incurred by its code enforcement employees in supervising the demolition. An additional $2167.87 was for expenses incurred by the Sarasota County Fire Marshal for keeping a fire watch on the house during demolition, and $3465.00 was for expenses incurred by the Sarasota County Sheriff's Office for providing security around the house during demolition. The County filed its initial foreclosure action on this lien on August 18, 2004.

Due to the continued encroachment of the Gulf of Mexico onto Stratton's property, the County subsequently declared the eastern portion of the house unsafe as well, and it obtained two bids for this demolition. The County then demolished the remainder of the house, and this demolition formed the basis of the County's second claim of lien, which was recorded on January 7, 2005. This lien was for $91,072.86, of which $5382.48 was for the payroll expenses allegedly incurred by code enforcement employees in supervising the demolition. The County did not claim any expenses for the fire marshal's or the sheriff's time in this lien. The County then amended its foreclosure action to include both liens.

In the trial court, Stratton stipulated that the County's liens were valid, and she contested only the reasonableness of the amounts claimed by the County. After a nonjury trial, the trial court entered a final judgment of foreclosure and scheduled a foreclosure sale of the property.[1] That sale was stayed pending this appeal.

In this appeal, Stratton raises four grounds for reversing the foreclosure judgment: (1) the foreclosure judgment is dependent on the outcome of Stratton's inverse condemnation action against the County, which is still pending on appeal; (2) the bids for demolition accepted by the County were patently unreasonable; (3) the County was not entitled to include the payroll expenses of its employees in its liens; and (4) the payroll expenses claimed were not established by competent evidence at the nonjury trial. Stratton's claim in ground (1) has been rendered moot by this court's affirmance of the final judgment in favor of the County in Stratton's inverse condemnation action. See Stratton v. Bd. of County Comm'rs, No. 2D06-4084, 2008 WL 1837307 (Fla. 2d DCA Apr. 25, 2008). In addition, we reject without comment Stratton's claim in ground (2) that the demolition bids obtained by the County were patently unreasonable. However, we agree with Stratton on ground (3) that the County's claim of lien included certain amounts to which it was not entitled, and we reverse and remand for recalculation of the foreclosure judgment on that basis alone. This renders ground (4) of Stratton's appeal moot.

In ground (3) of her appeal, Stratton argued that the County was not entitled to include in its claim of lien the payroll expenses incurred by the County for its employees' time in dealing with the demolitions. In response, the County argued that its local ordinances allow for an award of "the entire cost of demolition" and "all administrative costs" and that all of the disputed payroll expenses fall under one of these categories. Neither party's position is entirely correct.

Chapter 162, Florida Statutes (2004), which deals with county or municipal *55 code enforcement, limits the County to imposing fines and collecting the repair costs it actually incurs in correcting code violations. Section 162.09(1), Florida Statutes (2004), permits a local code enforcement board to impose fines against a property owner who fails to correct conditions constituting code violations on his or her property. The County may also "make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section." § 162.09(1). Section 162.09(2)(a) sets forth the permissible per diem fines and permits those fines to be imposed together with "all costs of repairs pursuant to subsection (1)." Section 162.09(2)(b) sets forth the criteria to be used in determining the amount of the fine. Nothing in these provisions permits the County to directly pass through the payroll expenses for the time spent by its code enforcement employees to an individual property owner in a code enforcement proceeding.

In this appeal, the County argues that it is relying on its local code provisions rather than the provisions of chapter 162 to collect these payroll expenses from Stratton. However, the County has no authority to impose penalties that are not authorized by law. See Art. V, § 1, Fla. Const. (permitting the legislature to create commissions and administrative bodies and grant them quasi-judicial powers); Art. I, § 18, Fla. Const. (forbidding administrative bodies from imposing any penalties except as provided by law); see also Op. Att'y Gen. Fla. 2000-53 (2000).

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Cite This Page — Counsel Stack

Bluebook (online)
983 So. 2d 51, 2008 WL 1960274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stratton-v-sarasota-county-fladistctapp-2008.