You may have noted in one of Joe’s articles that he spoke of “Attractive Nuisance Laws” which relate to children. Your Town Council for decades has done nothing about following the laws relating to Condemned buildings, some of which include wells.
We are in dire need of code enforcement because many of us have complained about these buildings.
The problem with the current Code Enforcement Officer, Ms. Wert, stems from the fact that she will go upon anyone’s property without permission and usually and it is required by law that a complaint must be made first. In other words, Ms. Wert’s entry on properties without permission has constituted trespassing because she is not an invitee.
If your Children are hurt, you may sue the property owner, but also the Town of White Springs for not following ordinances relating to condemnation:
What is considered an Attractive Nuisance in FL (Which also follows Common Law):
First of all, Statute 768.075 Immunity from liability for injury to trespassers on real property is applicable to any uninvited person or trespasser who comes on to one’s property. Florida’s statute goes farther in explaining that there is immunity especially if the trespasser is under the influence. However, although the property owner has no obligation to warn a potential trespasser of existing dangers, the property owner may not recklessly place objects or obstacles which may endanger a trespasser.
There is a major exception and that pertains to the Common Law Doctrine of Attractive Nuisance. If the conditions below are met, the property owner will be libel. If the property owner is sued and the Town is responsible for not abiding by the Town regulations relative to the many buildings which are condemned or falling apart in White Springs, either the injured party will sue both the owner and the Town or the injured party will sue the Owner who in turn will sue the Town because the Town is responsible for maintaining the Land Regulation Ordinances.
• The Owner and the Town are aware of a dangerous condition on the property, such as open wells, fallen in porches, etc.
• The dangerous condition is known or should be known by a property owner or the Town as presenting unreasonable risk of harm to children which may trespass on the property
• The child does not realize the dangerous risk of the condition
• The owner fails to take reasonable steps to dispose of the danger or to protect the child; And the Town Council chose to not abide by the Land Development Regulations and notifying owners of the dilapidated conditions of certain buildings and other man-made obstacles or that the building should be condemned.
• The dangerous condition enticed the child to enter onto the property
• The child was hurt or died as a result
Understand that the Florida attractive nuisance doctrine applies only to man-made objects. It does not apply to anything created by nature such as a stream, lake or tree unless there is something man-made in relationship that would attract a child to trespass.
Dangerous animals can be considered attractive nuisances also, if they are being knowingly housed in an area that is attractive and accessible to children. Even docile animals can pose a liability if they attract children to a dangerous area or obstacle such as an electrified fence or a back yard where there is an open well. Our White Springs Police Department has done an excellent job with having owners chain or fence multiple AGGRESSIVE dogs. Thank you Chief Tracy.
Joe has discussed these matters with our Town many times over, especially with respect to the buildings which finally were demolished by Scott Gay and the Hillhouses. The Town would rather consider Joe Griffin a domestic terrorist rather than realize that it is the fault of the Town if a child is hurt because he or she enters a property which is dangerous from man made items such as wells.
Such properties even exist on the sidewalk to nowhere. If the town officials followed the law and applied the ordinances as they should be, not only would there be a more beautiful White Springs, but you would receive money for non-compliance from owners who violate and do nothing about the infractions.
Currently Ms. Werts does not have a status on those violations she has dealt with which will be forthcoming through Mr. Jones. Mr. Jones is also going to speak to Louie Goodin, County Coordinator about what the Town’s sharing would be to use the services of the County’s Code Enforcement Officer, Mr. Law.
At one time we suggested a fire assessment for unoccupied buildings and land in White Springs. We also suggested that each of these unoccupied residences be charged a minimum sewer and water fee by reason that the pipes run by these properties. That is what other cities do. But no, The town does not feel they need to charge these owners who if charged may consider doing something with their properties, either fixing them or putting them up for sale or demolishing them.
you would rather stick to your lawlessness and it is obvious that you just beg to be sued by someone. But if it is a child; you will lose.
Also since sidewalks are heaved up by tree roots and are substantially cracked, the Town needs to apprise the prisoners not to clean the grass from the sidewalk cracks. By doing so, the cracks are deeper and more prominent rather than level and someone could easily trip and fall. A Lawn mower can easily cut the grass on the sidewalk down and that will not allow someone to trip. Edging also is a waste of time.
We have no additional money for sidewalk repairs but not removing the grass from the sidewalk cracks is a start so no one trips including the property owners since the Town owns them.
Now all of us have either tripped, fell or ruined wheelchair tires on these cracks and heaves so at some point, those using sidewalks, if there are multiple cracks shall have to be in the street where it is more level. I know this is something the police are not happy with an individual doing but it is a way unless grass remains in the cracks to level the heaves.
I know the Town is concerned about having everything “pretty” for the bicyclists. Yet, safety is far more important since we cannot afford repairs. Furthermore there should bee some tpe of fee or assessment on these properties which are to be condemned, are vacant, or are falling apart. These buildings are taking the property values down in our Town and we could use a Fire Assessment on these vacant lots and unoccupied or vacant buildings due to the fact that the Fire Department must service these properties along with those which are occupied.