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Cut Your Grass....Or Else

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packsaddle

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Fines for too-tall grass could rise to $1,000 a day in Jupiter

JUPITER — An overgrown lawn could cost a homeowner $1,000 a day.

A plan to quadruple the penalty from the current maximum of $250 per day for a first violation is scheduled for consideration at Tuesday night's town council meeting.

A repeat violation by the same person would be boosted to $5,000 a day maximum from $500 per day.

If the code enforcement board finds that the violation is irreversible — the unapproved removal of an historic tree, for example — the violator would face a maximum fine of $15,000. The current maximum penalty is $5,000.

"That's outrageous," said Stefan Harzen, a member of the property owners association for the Woodland Estates neighborhood. Increasing the fines will not result in prettier neighborhoods, he said. "This is an easy way for the town to get more money," Harzen said.

Higher penalties are needed to deter flagrant violators, said Councilman Robert Friedman. A landlord who allows too many people to live in a house simply sees the current fine as a cost of doing business, he said.

"Code enforcement needs a larger hammer," Friedman said.

Last year Jupiter's seven-person Code Enforcement Division collected about $39,000 in fines, according to town records.

The increase is being considered because once a town exceeds 50,000 people, state law says it can adopt higher penalties, according to a Nov. 9 memo from Building Department Director Robert Lecky to Town Manager Andy Lukasik. The town's population as of April 1 was 50,275, according to the University of Florida Bureau of Economic and Business Research.

The town code regulates items such as when garbage cans can be placed outside, noise volume, parking of boats, heights of fences, the number of tenants and landscaping. Lawns cannot be higher than eight inches in developed residential areas.

"The higher maximum gives us more discretion in levying the penalty," said Code Enforcement Director Frank Melillo.

http://www.palmbeachpost.com/news/64319.html
 
Re: Cut Your Grass....Or Else

When fines reach the point of being ridiculous they are seldom ever collected. Here in Ca. we have rules about polluting storm drains. A separate set of plans is required for erosion control to contain dirt on-site. It is a big deal here and the fine for a violation is $25,000.00 per day. With the exception of Wal-Mart Corp., I am not aware of anybody that has paid the fine. I have written many violations but never levied a fine. If I don't get cooperation I stop the job with the exception of work to fix the erosion problem.

If the people of Jupiter can appeal a fine before a Judge I doubt many will be paying $1000.00 per day for overgrown vegetation. The city I am working in will mow your lawn for free if you are age 65 and over. If you are 55 and over the city will loan you a lawn mower.
 
Re: Cut Your Grass....Or Else

Methinks Mr. Harzen has been a bit lax in his lawn maintenance... :eek:

I cited a guy this summer, brand new two-family (replaced old P.O.S. duplex after a fire), told him throughout construction and repeatedly at final how important it was to maintain the yard areas - especially the leach field. :)

He let the place get overgrown. :x

Took him to court, the day of his court appearance he mowed the lawn (after three plus months of warnings) and wanted to know if he still had to go to court! Our Town Prosecutor offered him a civil penalty of $250 or $500. He balked and asked for a trial. :shock:

The next day he called me because he felt that was a lot of money, I explained what the potential maximum fine would be if it went to trial - $250 per day for each day the violation existed - and he got really quiet... :roll:

Unless it is a 'problem child' with a long history of violations, we start with a letter and give them ample time to correct. Next is an 'Order to Remedy/Notice of Violation', again with time to correct. By the time I write an appearance ticket... You can bet your sweet a$$ I'm going for a penalty! :evil:

Why should the good people of this Town have to pay for my time attempting to get you to be a responsible member of the community. No, YOU should pay for my time yourself, especially on a rental property. I'm not talking about the 80 year old widow, or the family that is down on their luck, or the terminal cancer patient here. I'm talking about the lazy, the sloppy, the ones who don't care about anybody or anything except collecting the rent or pi$$ing off the neighbors. :!:

Rant over now... :D
 
Re: Cut Your Grass....Or Else

This topic should be moved to Property Maintenance
 
Re: Cut Your Grass....Or Else

So, I'm going to plant ornamental grasses in my yard instead of red fescue, Kentucky bluegrass or Bermuda grass. Now, it will all be well over 18 inches in height. Do you mean to tell me that I'd need to cut my ornamentals to the stump? :?:
 
Re: Cut Your Grass....Or Else

Gene - Are you being facetious? Silly rabbit, Tricks are for kids! :lol:

2006 IPMC

302.4 Weeds.

All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Your Ornamental grasses would fall under the 'cultivated flowers and gardens... as long as you don't cover the ENTIRE yard with them. ;)
 
Re: Cut Your Grass....Or Else

OK, just to play devil's advocate, how much of the yard would not need to be covered by ornamental grasses in order to qualify? What if I decided to do a "prairie restoration" project in my yard - and I had 2 acres to do that?

(I'm just saying. . . ) ;)
 
Re: Cut Your Grass....Or Else

John -

I hear you loud and clear. I have trimmed my list to 5 repeat offenders. Every year I come up with a list, 10 is the max (usually), and there are at least three of the same addresses every year on the list.

One of the property owner's finally got the hint and erected a fence. Granted the fence is five feet instead of four but, the general consensus around city hall is let them keep it, hides the junk. This is the property we cleaned up in 2007 with a city crew after numerous letters.

Sue
 
Re: Cut Your Grass....Or Else

Gene,

That amount would probably be determined by the AHJ, ...after some time of playing ' cat and mouse ' with each other

[ the property owner vs. the AHJ ].

[ The late ] Paul Harvey had a good saying... " You cannot legislate morality ! " ;)
 
Re: Cut Your Grass....Or Else

Thanks for your comments, globetrecker.

I honestly have seen the prairie grass condition and currently suffer from a similar provision in my city (I hope Mike's not reading this). In the condition I saw, the front yard was prairie grass with a walking path to the front door. In the grass, was a large piece of cor-ten steel sculpted art. It looked like a trash heap - until you got close and saw what was actually there - wildflowers and all.

In my town there is a requirement that the space next to the paved road must allow for human passage - no low hanging branches from trees or large ornamentals within 22 inches of the curb. Now I've often wondered whether I can meet the requirement by having anything other than rock, concrete or turf in that zone. What about a nice mulched area with some low plants? What about walkable sedum? Ow, my brain hurts. . . :?
 
Re: Cut Your Grass....Or Else

Being from down there; this may be a way for that once beautiful town to gain back some of their luster within the inner corporate limits (it may not be just about money). Most of the areas outside the corporate limits are maintained but are higher socioeconomic conditions. I was there four years ago when my father passed away and was horrified with the current landscape (no pun intended). One of the main reasons I’m happy I moved away from Palm Beach County just in time. Neighborhoods change and when others bring down the property values for others who try to maintain them, who are right?

BTW....... St. Augustine and Bahaya grasses are the most prevalent and it takes allot to keep them green and looking good
 
Re: Cut Your Grass....Or Else

Wait until you send out a letter for high grass and weeds and you get a call from an elderly lady asking why she has to mow down her Larkspurs!!! Don't you know anything about flowers????

I do now! :oops:
 
Re: Cut Your Grass....Or Else

Our notification process is one notice per season, if grass exceeds 12" tall. You are given7 days to cut, if not, we send our contractor in to cut and a summons is issued, the first offense is a fine of $75.00, the second offense is $150, and all subsequent offenses are $300. Of course the fines are in addition to court costs and the actual cost of cutting the grass.

Gene, ornamentals and flowers are not included. :)
 
Re: Cut Your Grass....Or Else

[ The late ] Paul Harvey had a good saying... " You cannot legislate morality ! "
Click to expand...
All legislature is based on some form of morals it just might not be yours or mine.

stealing, murder, abortion, gambling, hate crimes, pediphiles, rape, drug use and sales, and on and on and on
 
Re: Cut Your Grass....Or Else

Gene, you joke but I did have two houses in a previous jurisdiction that did just that, plus on of them did do a prairie restoration in their front yard and got awards from the Dept. of Conservation and everything. Try explaining that one to the neighbors who did not like the jungle. :roll:
 
Re: Cut Your Grass....Or Else

Oh, Oh!

cboboggs, you're in eastern MO. Yikes! (no relation to the real Yikes.) You could actually check out my yard. :eek:

Seriously, I've contemplated green concrete before and even astroturf. If you saw my yard you'd realize that there is a LOT of landscaping stuff there - enough to keep me busy most weekends. And yes, lots of ornamental grasses. It seems that the suburban mentality includes the concept of a green lawn but I seldom see that in the zoning ordinances or deed restrictions - or even the community covenants. Its just what we expect.
 
Re: Cut Your Grass....Or Else

Agreed.

BTW, I too have considered the green concrete or asphalt. But, then, the public works person in my head starts on about stormwater management and I forget the idea. :lol:
 
Re: Cut Your Grass....Or Else

As long as you are still maintaining free and unobstructed egress AND adequate access for emergency personnel Gene, knock yourself out! :D
 
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