The City of Palm Coast Code Enforcement Officer Chip Risch
The City Of Palm Coast Code Enforcement Officer Chip Ricsh, mad a visit to a home in a residential section. Upon his arrival he decided to write a warning to the resident for Chapter 44-34 Parking and Storage of Vehicles Subsection D2. Well the statute he wrote it under didn't apply. The boat is in the side yard of the residence. On top of it its behind a fence.
Code Officer Risch then decided to tape a warning up to garage door of the home owner with masking tape. A previous contact with the home owner was not received well since the boat had been there for two years. According to the home owner Chip Risch used some bullying tactics stating that he was a former or retired new york police officer. This may or may not be true, Risch didn't list this on his application. He did however list other police agencies that did not sound similar to New York phonetically.
I spoke to a council member about this incident and he said prior to becoming a council member he had interactions with code enforcement. He wants them to just talk to citizens like people. I agree, the more clean and eye to eye conversations we have the less we will feel bullied and talked down on.
After doing some research the code officer is misapplying the law to the property. This occurs many times because the education of those hired are not that of lawyers. Some are solely GED graduates. Common sense is not something we can learn, you either have it or don't The law states the following however.
Sec. 44-34. - Parking and storage of vehicles generally.
Code Officer Chip Risch marked on his warning 44-34 (d)2. This particular portion of the ordinance doesn't apply, nor does Paragraph 1 of the ordinance.
The required setback of any property is what is defined here. Required setbacks are that which buildings, easements, and other permanent structures generally can not be built within these easements. This is where Risch Errored in his enforcement of the law and also appeared to have become defensive of his own authority when questioned. According to the homeowner, he stated to her that they must listen to him and he proclaimed to be a former new york officer.
After reading the law, the survey, it clearly appears they are not in violation of the law. The boat can not be within the required setback, and anything after 7.5 feet is not a required setback.