Re: Got an interesting(kind of threatening) call from my “bandit signs” - Posted by B.L.Renfrow
Posted by B.L.Renfrow on June 06, 2000 at 22:43:11:
The guy was calling from 202, huh? Maybe CIA…NSA…
Seriously, it sounds like a prank. I am no lawyer, but I would assume that, in order to be subject to a fine, you would have to be properly served with some sort of notice of violation and be given a hearing.
This doesn’t sound legit…most government drones would not refuse to give their names and the agency they represent. Probably a RE agent or something. I don’t think I’d lose sleep over this one, unless someone shows up with a summons. Did you use one of the online reverse directories to see who the phone number returns to?
Why not check your village / county laws to determine if the signs are illegal. If they are, then deal with it and find an alternative method to market your business. Why is it that people feel they have to circumvent the law with such methods. I think it only muddies the water for the other RE investors who play by the book.
I use the “personalized ring” service from my phone company. For $4 a month I have a separate phone nuber that rings into my exsisting line. The only difference is that the ring sounds different, so I can decide to answer it, or let it go to voicemail. (My machine recognizes the ring and will send it to the appropriate outgoing message.) The good news is, I also got this number unlisted at no extra charge.
While I agree with you that this is probably bogus, I’d like to kick in my 2 cents about the due process and the Constitution. There is nothing, I repeat, nothing, from stopping a city, or even an individual, from slapping a lien on your house, for any reason at all. Ask me how I know this.
Now, the “due process” part comes in where you then have a right to file a contest of lien, (just as you stated in your post) which will get it off, but in my state, this still takes 60 days, and could potentially delay a sale, if that were an issue. Once the contest is filed, the lienor has a choice - they can let it go away, or they can file suit to foreclose on (i.e., enforce) the lien. And it’s your house at risk. It’s a small risk, and I doubt a city would ever file a foreclosure of lien over bandit signs, but I HAVE heard of them FILING liens in an effort to enforce code violations.
I saw an ad in my local paper a couple months back for a service that would put a hundred pink flamingos in your yard for a day, for parties and stuff. I don’t know if they are still in business, but if they are I swear I’m gonna do it one of these days just to annoy the neighbors. Plus, I’d just like to see what that looks like - would it be so tacky that it would actually be cool, like the Seventies retro craze? Food for thought, hmmmmm…
In Florida, construction liens do not require due process. They fall under the “notice to owner” statutes and a “notice of contest to lien” can be filed to shorten the lien term to 60 days.
On the other hand, code enforcement liens must follow very specific rules of due process or they are unenforceable. A hearing must be held finding the owner in non-compliance with the city/county code and then time frames set for compliance. Only after that can a code enforcement lien legally be filed in Florida. Most cities/counties officials are not stupid enough to go around the specific laws regarding the code enforcement violations.
The “bandit” signs are a totally different issue. They have nothing to do with liens or real estate. They would be an administrative fine or penalty. Similar to a parking ticket. They would not become a lien on real estate in any fashion unless court proceedings were filed and a judgment obtained.
Be careful jumping around so frivously on this subject.
It sounds like you know a lot more than me about code enforcement liens. And yes, I was specifically referring to construction and mechanics liens in my post. However, the overall theme of my post is simply that our legal system is out of control - when I had an APPLIANCE REFINISHER, of all things, file a lien ON MY HOUSE over a simple billing dispute, it was a big wake up call for me. I thought you had to take people to court to do stuff like that, and come to find out, you don’t. Now, municipalities may be different, but the bottom line is, anyone who wants to mess with you legally, can. There’s nothing stopping anyone from filing a lawsuit against anyone else for any reason whatsoever. And I just wanted to make people aware of it, lest we get too complacement about the protection of our own rights. Thanks for clarifying the technical aspects of my post.