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Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations

| March 13, 2014

The Thomas lawsuit charges Palm Coast Code Enforcement personnel of violating property and privacy rights to obtain evidence. (Zen Sutherland)

The Thomas lawsuit charges Palm Coast Code Enforcement personnel of violating property and privacy rights to obtain evidence. (Zen Sutherland)

Linda Thomas is a retired attorney in Palm Coast. She does not like to be pushed around. And she doesn’t settle for much. When she feels wronged, she prefers to push through to a clear conclusion. Power doesn’t intimidate her.

When Palm Coast’s Code Enforcement division slapped code violations on her and her Seminole Woods property over issues involving her dogs and boats she was keeping on the property, she first fought the city through code enforcement hearings, and getting nowhere there, sued the city in circuit court. She won. Twice. In one case, the court reversed the code enforcement board’s order to pay $150 in “administrative costs,” finding that the board had failed to afford Thomas due process. In the other case, the court found that code enforcement had no evidence to level charges against her.

Thomas had won, but she was not satisfied. Code enforcement, she claimed, violated her rights repeatedly on the way to slapping those violations on her, and did so, in her view, vindictively and without evidence—or by violating her property rights.

So last month, Thomas sued the city in federal court on constitutional grounds. It is the first such lawsuit against Palm Coast’s code enforcement division in federal court in recent memory, and the first to invoke fourth and 14th amendment violations (against unreasonable searches and in violation of due process).

Palm Coast last week filed a motion to dismiss. The motion, a routine and almost automatic filing in such cases, was filed by Jeffrey Weiss of the Orlando firm Brown, Garganese, Weiss and D’Agresta, the firm Palm Coast retains for its legal representation. (This story was corrected after it had erroneously noted previously that the law firm was not that usually retained by Palm Coast.) The motion argues that Thomas made too many claims (15 in all) that either duplicated themselves—by naming both the city and individual city officials—or that called for relief that could not be granted. Thomas, who filed the suit in her name and that of her husband, is representing herself. She intends to fight on.

“When I went to law school I was taught that if you have something that happens to you personally and you know it’s happening to other people,” Thomas said in an interview, “you really need to do it for the other people, and in civil rights usually there aren’t many to be found against code enforcement, because of just that reason—nobody can afford it.”

She can, she says, She has the time and the experience. “What the outcome would be I have no idea,” Thomas says, “because I know my expectation is that we succeed in having deterrence, deterring the city from doing any more of this nonsense.”

The facts of the case are outlined in the court papers, filed in U.S. District Court for the Middle District on Feb. 11.

The case revolves around incidents that happened four years ago at the Thomas property at 72 Smith Trail in Palm Coast.

On Feb. 15, 2010, a mail carrier called Palm Coast’s Animal Control office just after noon to report that two dogs were locked in a vehicle at that address, though the vehicle was in the shade and windows were partially opened. An animal control officer arrived at the property 20 minutes later and left a courtesy notice there about the animals. No citation or fine were issued, and in a report the animal control officer wrote, she noted that the animals were not in distress.

Thomas would later note that she is a member for a national American Kennel Club, for which she wrote the ethics, and had recently published an article on estate planning for animals.


Code enforcement’s heavy-handed tactics that seldom get challenged for lack of money or time.


The animal control officer was then able to reach Thomas, who told her she was on her way back from Jacksonville. The officer asked if there were animals in the houise. Thomas asked why that was relevant. The animal control officer said she’d looked through the living room window of the house and seen more animals inside. Alarmed, Thomas told the animal control officer that she had no right to look through a house’s window, on private property. The officer—Shelly Adorante, who no longer works with Palm Coast—told Thomas that she could look through windows, into the backyard or anywhere else that she wanted, according to the lawsuit.

Matters deteriorated from there. Adorante stayed on the property until 3 p.m. According to the suit, she photographed the interior of the home, including the living room, dining room and patio area and walked through the Thomas’s side yard. She was joined by another animal control officer, Eva Boivin, who also walked around the property, according to the suit. After Thomas protested that her rights were being violated, Adorante called a code enforcement officer (Michael Hadden).

By 2:20 p.m., the initial courtesy notice about the dogs had been replaced by a pair of citations ($100 fine for each dog), and Hadden had photographed two boats “that were barely visible from the street” in the backyard of the property, and noticed a third. Whether boats are visible or not is irrelevant to the code: boats may not be stored on residential properties in palm Coast. But Thomas argued that the only way to detect the presence of the boats was by breaking code enforcement’s own rules and violating her property rights. Hadden wrote a warning notice for the three boats. (Hadden would visit the property a total of seven times, the suit claims.)

The case went on from there, with meetings involving Code Enforcement Manager Barbara Grossman and Community Development Director Nestor Abreu that were not, in the suit’s retelling, quite friendly, as well as hearings before the code enforcement board. The board did not hear Thomas’s claim of any rights violations when it heard the case in May that year and levied a $150 administrative cost fee on Thomas. Another hearing later that month upheld the city’s $200 fine over the dog issue.

Thomas appealed both results to circuit court, winning rulings two years later. In the case of the dogs, Circuit Court Judge Dennis Craig ruled that the city had no basis for fining Thomas $200, since there was no proof the dogs were in distress. In the boats’ case, Craig ruled that Thomas and her husband had been denied due process and had “no opportunity to exercise their constitutional right against an alleged unreasonable search.” The city, the judge found, “has the initial burden of proof to establish the legality of the search.”


Rather than address the constitutional issue in a subsequent hearing, the code enforcement board opted to dismiss the case entirely, thus sidestepping Thomas’s challenge.

“I really wanted to make a federal case out of this,” Thomas said. Now she has, naming all those involved in the 2010 cases, as well as City Manager Jim Landon, in her suit.

Typically, such cases must first go to mediation, assuming the case goes forward at all. Palm Coast’s motion to dismiss makes a curious argument: that the Thomases “have not adequately alleged that the city had a policy au7thorizing or condoning the conduct about which they complain, or that the city’s final policy-maker created, authorized, or merely condoned” the policy. Nor have the Thomases, the motion continued, “adequately alleged that there was a ‘widespread’ and ‘permanent and well settled’ custom of engaging in the conduct about which they complain.”

In other words, because almost all such matters are resolved before the code enforcement board, where residents face fines, pay them, and move on rather than opt to fight the board’s finding, the Thomases have no case, the motion to dismiss argues.

And if city employees’ “actions in enforcing the city’s code provisions did violate any constitutional rights,” the city’s motion to dismiss argues, “then those rights were not clearly established at the time of said violations.” That’s a curious line of argument, since it places city policies above constitutional standards. But it’s not without precedent on the city’s part: the city last year cleared itself of alleged ethics violations before the Florida Ethics Commission—on charges brought by an ex-employee—by arguing that whatever misdeeds may have taken place individually had not been part of a pattern, and had not been policy.

The city has an able and forceful legal team. Thomas is going at it alone. “It’s my full-time job right now,” she said. “I’m retired, so that’s OK.”

Thomas vs. Palm Coast

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43 Responses for “Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations”

  1. ryan says:

    Good for her. A city that is run by a corporation that thinks it can do whatever it wants to people does not belong in charge. Maybe the code enforcement officials could actually do something useful instead of leaving animal carcasses and large items of trash on the side of the road rather than bothering someone who has boats in the backyard. Thanks to all the nit picky frivolous people in this town for creating BS issues like this. The message to the city is this: You need to learn how to back down and swallow your pride, and leave people alone, or you may be the one made an example of in court. Stop wasting our tax dollars on some cocky hot shot pro-govt. attorneys that drag things out.

    • Nancy N. says:

      ” A city that is run by a corporation that thinks it can do whatever it wants to people”

      I assume you are referring to ITT? They haven’t had anything to do with this city in almost two decades.

  2. Johnny Taxpayer says:

    This will be a very interesting case to monitor, but I’m afraid the case maybe dismissed as Ms. Thomas’ issue is no long in controversy, given that the city dismissed the code enforcement case. I am for one glad she is pursuing this however, because I think the city does operate at times as if they’re above the 4th & 14th amendments not just in code enforcement matters such as this where they invite themselves onto private property and act with impunity, but also in the way they run their kangaroo Red Light courts. Hopefully she makes it to trial, but even if she is dismissed she is at least sending a message to the city that they cannot expect to continue down this path of thinking their above the constitution so long as it’s a “code enforcement” matter.

  3. Ogrethetop says:

    I’m so glad someone stood up to Barbara Grossman . The city really needs to clean house with code enforcement. I’m not against code enforcement, but they done a terrible job and it starts with the person in charge. until they change who’s in charge the city will have to keep fighting the same fights with poor leadership at the helm

  4. justaperson says:

    I’m glad to see someone has the courage to stand up to the city. I agree that we all must follow the codes but there are times these code enforcement officers act as if they’re above others and their say goes. Anytime I’ve had a violation (lived in palm coast since it’s incorporation and can count on ONE hand how many times it has happened) I have felt as if I didn’t have an option to argue. I’ve always felt like you can’t fight City hall. It’s good to see someone willing to fight the good fight.

  5. THE VOICE OF REASON says:

    You go, girl!

  6. m&m says:

    I had to get a permit for a new hot water heater. After it was installed TWO inspectors came to approve it. I had my customized car in the driveway so they could see the heater. the TWO of them looked at and pawed over my car for fifteen minutes and headed for their truck so I said how about the heater and was told it’s ok.. All this time they never got within twenty feet of it..

  7. Me says:

    I think it is a joke that you cant keep a boat on your property. This is the only city around that you cant. Most you can as long as it is behind a fence. How can we change that?

  8. Steve Wolfe says:

    Perhaps we should offer Linda Thomas a retainer to defend others from the city’s zealous code enforcement abuses. She has the experience and success, and I think the city hates to see her coming, which equals effectiveness. How about it, Linda? Want some entertainment in retirement operating in what is already your comfort zone? While Palm Coast benefits from code enforcement, there needs to be balance, since there can be people like Shelly Adorante, who perceive some special authority that exceeds our Constitutional protections.

    Well done, Linda. Hope to shake hands with you one day.

    • Lynn says:

      Sounds good to me. It drove it home when a patient let me know Palm Coast would not allow a basketball hoop on the garage, but in my neighborhood there are several street mobile hoops so you have to disturb their games. There have been inspectors come onto my property after a fence co. put up a fence with a permit, stating it was not permitted. That is the day I quit mowing their swale. It is time for the PC goose steppers to go get some serios psychological help.

  9. confidential says:

    First of all I have to congratulate Attorney Linda Thomas for her courageous determination.
    Now the city of Palm Coast has ordinances that as residents and specially highly educated one’s like Ms. Thomas (I admire you) should totally be aware of. Most of those ordinances are intended to make a peaceful environment free of eyesores that help to sustain the value of our homes within pleasant surroundings for all residents alike to enjoy.
    Storing boats or vehicles, trailers, etc., in a residential lot, yard, lawn, within the City of Palm Coast jurisdiction is an ordinance violation. Whether the mentioned illegally stored vehicle can or can’t be openly seeing from the road or intentionally hidden, is still a violation of the code. A neighbor can call code enforcement on that violation and allow the enforcement inspector to eye witness the vehicle incorrectly stored from his own property backyard and then write a warning or summons. No need to trespass the violator’s property.
    Regarding “the dogs inside a car, but on the shade and with the windows down” in this Florida scorching heat most of the year, is still a great risk for the humane treatment of the animals, that the inspector properly addressed.
    I reside in Palm Coast for over 21 years and there is one thing that I have to highly speak of; our Palm Coast Code Enforcement hard work, to address big ordinance violations mostly by newcomers that maybe resided before in cities or rural areas with very lag or unenforced ordinances and are totally unaware of ours here. I always give high marks to the city code enforcement work specially its chief Mr. Nestor Abreu and Manager Barbara Grossman, as she has no bed of flowers day in and day out along her subordinates while sometimes irate and totally unreasonable summoned residents go to the extent of threatening and even trying bodily injure against her and or the dedicated inspectors, while violators are being addressed.
    For all the above and taking in consideration that seems like you won the first two rounds in circuit court with judge Craig (another very fine professional) and probably based in some unintentional error committed by the named former lady inspector, I believe this victory should have satisfied your claim as also voided your penalties. You are your own attorney and we all have to pay the city one…and that is not a good deal for anyone including yourself. But as a resident of many years I welcomed the city ordinances that regulate to preserve the beauty and pleasant environment of our neighborhoods, one of the reasons I moved here.
    If a place we choose to settle in is beautiful, don’t we want to preserve it that way?

    • Lynn says:

      Sounds like you are into esthetics, not into being neighborly. Maybe boats, cars, or trailers could be stored out of eyesight using hedges or some other barrier. Living in Florida in a house and not able to store a boat! In Annapolis where the real estate is multiple times higher and way more esthetically pleasing there are boats of all sizes in driveways, yards, including sailboats in cradles on the street. Get a grip.

  10. notasenior says:

    I wish her the best but think that the City has a good case in claiming exigent circumstances. When you see 2 dogs locked in a car it is reasonable to believe that other animals may be in danger.

    • Lynn says:

      I do not know the situation, what is so different from a dog in a den or staying in a truck of a worker all day? Crates in the home, humane?

  11. Magnolia says:

    Good for her! I’ll will never ever forget the time Code came to our house after we had our pool installed. I was sitting out back drinking my coffee, still in my PJ’s (our yard has a wood fence so I don’t scare anyone) & all of the sudden I hear both my locked gates shaking like someone is was going to literary break them down, I ran & got my robe, opened the door to the 1 gate & he walked in liked he owned the place, told him to leave & he wouldn’t, by that time his side kick was in my backyard too. In hindsight I should have called the police. They where rude & aggressive. Needless to say they finally left. Then the county served me papers & tried to sue me, because they said I didn’t have a permit, took us to Federal Court & because it was under 5000.00 FC threw it out. We DID have our permit! It was made clear to me that we don’t own our property… the County does, they can do what they want when they want. I want to move back to Orange County, but I love our home. Uh-Oh didn’t know we had to get a permit for a water heater

  12. Mary Cannady says:

    Personally, I think some of the city codes need to be reconsidered. Times have changed, so should the codes. Some of us can no longer afford the luxury of professional landscaping to make sure our grass is green. And for the elderly it may take a little more effort to mow the lawn, just to name a few. The ironic thing about this is the many calls over a two year period to report the filthy, unhealthy condition of a neighbor’s property that did not remedy the issue. Trash and decaying garbage strewn on the walkway and behind a shared unit. Now that was worth a code violation. The neighbor has moved out but the trash is still behind his unit. In all the towns I have resided I have never seen such a mismanaged organization as this city’s government.

  13. orphan says:

    Who the hell needs television anymore?
    To Ms Thomas-You do what is right and bury these thugs!
    Why there are so many people who chose to vote for incorporation of that massive mess is way beyond my understanding!
    And that begs the question: “How are the people in charge of Palm Coast able to maintain their arrogance year after year?” I’m guessing that the majority of the residents of PC still think that they live in another world far removed from Flagler County, and that they just HAVE to go along with whatever bs is handed to them.
    So sad!

  14. Susan Jones says:

    So glad someone is finally standing up to the blatant abuse of power.I have a 500.00 fine that I was given at one of those council hearings because my passenger tires were touching my grass. Which according to them constituted parking on my lawn. So many people bullied who don’t have the funds or full knowledge that could spare them this abuse .

  15. sue says:

    About Time!!!! See What Goes around comes Around>>>>>>>>>>>>>>>>>>

  16. The Truth says:

    I can understand the frustration towards Code Enforcement and I do not agree with all that the department does. We can push for change, updates in policy and improvements in the department. It seems that some would love to see Code Enforcement eliminated and that would be a huge mistake. We need Code Enforcement and I cannot imagine this city without it. We walk a thin line of not wanting too many rules but not having enough. It’s important to have a good mixture to ensure our city stays beautiful and our property values continue to rise.

  17. JL says:

    I am glad she fought Code Enforcement on the grounds of them peering into her home and taking pictures. And they should not have a right to go into the backyard to check either. If it is behind a fence and can’t be seen, they shouldn’t have seen anything.
    I disagree of her leaving dogs in the car while she was in Jacksonville. Even if the windows were opened. I thought it was a state law that you couldn’t leave animals in the car in Florida. Most animals won’t show distress over heat exhaustion.

    And for those of you who want codes changed regarding boats in the yard and mowing the lawn, if you don’t like it then please move. That is the main reason I moved to Palm Coast. I like the restrictions. It makes sure my neighbors yard stays neat and clean and I surely don’t want to see cars parked everywhere, lawns unmowed, etc. If you moved to Palm Coast, you knew about the restrictions. I wish code enforcement would come down heavier on the empty houses. Someone owns them.

    But I believe code enforcement has no right to view anyone’s property inside.

    • Anonymous says:

      Most of the empty homes are foreclosures and the bank owns them. So guess what?? The city is responsible for making sure the properties are being maintained by contacting the financial institutions! Call code enforcement and see what they do!!

    • Lynn says:

      Palm Coast was licking its’ chops considering buying foreclosures and seelling them after fixing them up. Great community.

  18. Steven Nobile says:

    I do not believe in eliminating Code Enforcement, however, two major changes have to occur in that department. First, there must be a change in the culture. Code enforcement has a culture of we are the enemy (that would be the residents of Palm Coast). They need to work off a culture that supports the residents not monitors or controls them. This MUST come down from the top leadership, (the MAYOR AND CITY COUNCIL). Second, The overreach of many codes has to be pulled back. The community, in a sense, must monitor itself in small units, basically where you live. Involve the city as a last resort and let the city mediate not dictate. This way, each situation can be handled on it’s merits. I know this can get out of hand, but I also know it can be managed with the proper code and mediation.

  19. Palm Coaster says:

    Just like Landon, those that work for him too think they are above the law. Between red light cameras, code enforcement and gouging us with utility costs, the city is like the mofia, robbing us blind. Something needs to be done with the management of this city.

  20. science nerd says:

    Palm coast code enforcement has peered over fences in our area (neighbor caught them!), taken signs, compounded citations in “gotcha” mode when they walk up the drive and “also notice”, peered in front windows, made unfounded claims (inoperable vehicle?), verbally threatened liens on homes, etc. I see one of their vehicles patrolling our street at least 2x a week. Wish our police were that well funded! I applaud this resident for standing her ground and if anyone else who reads this has been likewise violated by a CE officer I encourage them to stand with the Thomas’s and show these crazy blood sucking city officers this unchecked behavior must stop!

  21. Mike Hull says:

    WooHoo!!!!!!!! The current mayor and his lap dog landon will never do what is fair and right for the people and business’s of PC. Code enforcement is used as a tool of fear and intimidation to do their dirty work.

    • Lynn says:

      I have heard from coworkers they would like to ride around all day in a little white truck….what exactly are we paying the fleet of people and the white trucks to do?

  22. Dale Louderback says:

    We need someone like her in Xenia, Ohio. Our two stooge code enforcement officers go around handing out tickets to snowbirds for owning very expensive, nice looking RV’s (clearly not an eyesore to anyone); flying the incorrect flag (yes, they told a store owner to remove his flag) and mowing the grass.
    They went to a downtown building and condemned it…later changing their decision a day later because the building was owned by a licensed Architect who is actually educated and qualified to make decisions instead of these idiots.
    Ironically, the name of the inspector is “Keith Koch”!

  23. D. Bryan Roorda says:

    I am so happy to see someone else standing up for what is right. Good Job Ms. Thomas. I have a similar suit we are trying to fight pro-se. There is NO winning even when the evidence clearly shows county wrongdoing. The county is now attempting to foreclose on our retirement home. There is no case law because the homeowner rarely fights back or much less wins. Our county changes records on their permitting site as they need to so a warning to homeowners – take screen shots of county building dept records periodically.

  24. SBhasin says:

    Take Notice :
    Code Enforcement (“CE”) actions (fines/ fee’s) are used to increase revenue for the various Cities / Counties throughout the U.S..
    Many aggressive actions by Code Enforcement (“CE”) Officers and/or Code Violation can be taxing on Home Owners and/or Real Estate Investors, including Maximum penalty of $1000.00 fine for every day a violation exists. Many of these cities give fee’s, fines, and penalties are charged even after the violation are corrected. If timely payments are not paid, these fee’s and fines are burdened on Property Taxes (which must be paid within 5 years) and recorded in the County’s Recorder’s Offices. These actions are a motivated by the City and/or “CE” Department to increase charges and pursue these aggressive regardless of Constitutional Rights of the US Citizens, all for enrichment and to increase money for the City / Counties.
    It is not uncommon that for a fine over $ 10,000.00 has been imposed on just “weeks”, “trash”, “unsightly” issues (Costs of less than $100.00 to cure), all of these purported fines have been imposed on Real Property by various Cities and/or “CE”, many that are unreasonable. Powers by “CE”, using the City Attorney to obtaining a Court Order to transfer the Real Property to a “Receiver”, is also another strategy in obtaining real property and increase cash flow.

    Replies to justice4allppls@aol.com, good luck.

  25. Becky Malm says:

    Linda,
    THANK YOU SO MUCH FOR TAKING ON THESE PEOPLE. They have harassed me from day two of my moving into Palm Coast. I wasn’t even aware there were codes, let alone the code I was in danger of violating, namely, leaving my camper on my drive way too long. I find their behavior harassing. They have also phoned my property manager with complaints that are not code violations, namely, cleaning my garage on a Sunday. To me this is defamation of character. One more phone call to my property manager and I will consider suing. Thank you!
    Becky
    a.lincolnfan@gmail.com

  26. sue says:

    For once, a lawyer that is out to make things better for everyone with no expectation (other than the satisfaction of winning) of anything for herself. Unfortunately most cases against city code enforcement in Florida go nowhere they always win because the city has the right to define its own rules etc. Her angle is different and hopefully has more chance of success. It is indeed a violation of rights for someone to tromp around your property without permission finding things to cite you for. If it’s not out in plain view it’s not their right to walk past fences or property lines looking for things to bitch about and fine you for.

  27. Nate says:

    I have been having almost similar issues here in Rock Hill, SC with code enforcement. I am having to fight this without an Attorney, since I can not afford one, and They denied me a Public Defender. I would be interested in Knowing how this case turned out in it’s ruling? Was it for, or against the Thomas’s. ?

  28. patricia says:

    I came home on12/16/15 and found a note in my home that I could not come home.the note was torn and on the floor. I have a person that takes care of my dog so I assumed he read it and tossed it like many other notes often left on my door. This was a neon green placard that said the house was inhabitable. No code violation noted. It saint in hand written form that water was shut off on 12/9/15 water shut off I week then the next day I was out of my house homeless.

  29. K . Rone says:

    Suburb of denver,wheat ridge.waste ridge as I call it, utterly bullshit, grew up next to the hole before it became a lame landlocked want a be city.35000 population 1969 incorporated present 30000 population give or take with a history of agricultural beginnings and boasts it’s return.hence the ( utterly bullshit) LABEL I’ve been abated twice on a acre, 20 yrs+ disabled, raped my property of material collected for improving and supplement income,tax liened my ass $9000 for removing said material, $1700 mortgage from $637 $1600 disability income ,it gets much more utterly bizarre, I can’t live here after 22 yrs 54 yrs 1/2 mile away ,ran out of my childhood n adult existence.

  30. Brian native says:

    Im a native of flagler and i gotta say we really need more code enforcement here.Its funny they dont seem to care about my problem!I’ve had a neighbor behind me hacking and cutting away my natural buffer!Dont know why?Its my 10 ft of property!Now i can see her backyard.That has really been tickin me and my wife off!About ready to sell and move out to the country.I guess thats where us real flagler natives belong.

  31. Debra Mauro says:

    We work for a living in our home. My husband had a van that is supplied by him employer that come home every day. I am so sick of the harassment that we go though with the city about this van being on my driveway. Well the only thing i need to say. Is when they pay my taxes and make my mortgage payment they can tell me what and want not to put on my driveway. Also If they can bring a company vehicle home than every one else could also. What is good for them is good for everyone that pay there salary that lives in this town. So they can Kiss My Ass.

  32. Greg Zvierko says:

    Go get em . The codes on boats are ridicules . I can only keep my boat visible for 3 days of the week . Depriving me of my constitutional right to Fish till I drop .

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