Only In Florida

Nowhere else in America would an elderly couple not only install carpet instead of a lawn, but they put in multicolored carpet.

I can understand the feeling that maintaining a lawn in Florida can be a royal pain. It sucks having to go out once a week (or more) to mow the ever-growing jungle. But come on, sod isn't that much and the kid down the street would probably be willing to mow it for $10 a week.

But multicolored carpet?

The worst part is that I don't think the county got the charges right. Multicolored carpeting for a front yard is incredibly tasteless, it may be hard on the eye, but is it a nuisance? I'm not sure. I could see the homeowner winning an appeal (which they have already said won't happen).

But the assistant county attorney gave a real, valid reason for removing the carpet. It's a health hazard.

If the only problem were that the carpet was tacky (visually) then the county would have no grounds. The law does not and should not dictate a minimum level of taste. To the extent that it harmed property values, his neighbors would be right to hold the homeowner liable for realized losses. But the burden of prosecution is on the neighbors, not on the entire county or state, as this is a neighborhood level problem.

If the neighbors could convince a jury in a civil case that they suffered actual and realized losses, then they would be compensated. The pressure to conform to a certain standard would come from the neighbors, not from a bureaucrat in Code Enforcement.

But in this case, the potential health hazard was enough to justify the compelled removal of the carpeting. The various rodents and pests attracted to the decomposing carpeting would carry enough diseases to justify a county or state response.

But the county took it upon itself to enforce a neighborhood standard.

The difference is small and the outcome is the same, but the decision still bugs me. Now that the county has successfully prosecuted this case without any complaints, they will be much more likely to take on other similar, but not as extreme cases. Will they come after me next for having two cars of similar, but non-coordinating, colors in my driveway?

The law provided for a remedy of the loss of property value. The county decided to expand the public nuisance law to correct this shortcoming. The job of the county should be protecting public health, not regulating private property.