Palm Beach Polo, Inc. v. Village of Wellington, Florida
Whether the Florida Local Government Code Enforcement Boards Act, Chapter 162
of the Florida Statute, and more specifically Section 162.09(2) conflicts in a material way with
Section 162.09(3), and the parallel Village of Wellington Municipal Code Section 2-199(b),
each of which contains vague, overbroad conflicting provisions which deprive a code violator
of knowing whether coming into compliance will allow for the right to request a fine reduction
prior to the municipality requesting approval from the Special Magistrate to file an action to
foreclose its claim of lien against the violator 3 months after the first recording of the lien
which deprives the violator of due process in that the violator cannot know whether
compliance will result in a fine reduction or a potential foreclosure action, as such violates the
code violator's constitutional right to due process under the 14th Amendment to the U.S.
Constitution.
Whether the Florida Local Government Code Enforcement Boards Act creates unconstitutional due process violations through vague and conflicting provisions regarding fine reduction and lien foreclosure