Some homeowners in Miami Gardens say they are being unfairly fined over dead grass, but not on their own property.
The issue lies on city-owned swales and residents are pushing back, saying aggressive code enforcement is targeting them for conditions they have little control over.
Frustration grows over city-owned swales
Homeowners threatened with citations or fined over dead grass on City of Miami Gardens soil want aggressive code enforcement to end.
“This is something that’s just crazy,” homeowner John Daniels said.
Daniels, 75, is a retired nurse with so much pride in his home of four decades that he put his late wife’s photo on the front blinds. Her eyes face a yard drawing citation threats from City of Miami Codes Enforcement staff.
The city-owned swale in front of Daniels’ home and the sidewalk are his problem. City ordinances require property owners to replace dead or missing grass on swales, a city spokesperson said. Gravel is not allowed on swales either, the spokesperson said. Also, property owners must keep sidewalks pressure washed, the spokesperson added.
Daniels said his swale never had grass until last week. He received a letter threatening fines, so he hired someone to till the ground and plant sod, which is already dying.
“If it dies, then I’ll get fined,” he said. “If I don’t comply it’s going to be up to $1,000, is what I was told. I think the city should lead by example. If they want beautification, (when) you drive down (NW) 183rd Street, the median strip there is jet black. If they clean up their (responsibilities) maybe we can clean up ours.”
Claims of inconsistent and unfair enforcement
Last August, others in the community signed petitions complaining that code enforcers seemed to cherry-pick homeowners to fine over and over again.
Near some homeowners fined, neighbors with swales in worse shape faced no warnings or citations.
“What’s going on here is the City of Miami Gardens comes up and they terrorize people,” Ari Pregen, an attorney with The Pregen Firm who represents Daniels, said. “They terrorize my client. It’s almost bully tactics.”
Pregen handles codes enforcement cases across Florida. He is writing petitions to convince city staff to change enforcement.
However, a city spokesperson did not back down in a statement to CBS News Miami.
“Property owners are responsible for maintaining the swale and the right of way,” the statement said. “Only grass should be installed. No other materials are acceptable. Gravel cannot be placed on the swale. Gravel limits the percolation of water into the soil, is a potential trip hazard and can cause damage to vehicles.”
Pregen disagrees.
“They say you (have to) put grass, you (have to) put ground cover in landscape open spaces,” he said. “This swale is not a landscape open space.”
City council open to dialogue, but homeowners still unconvinced
Once a month, Miami Gardens City Council member Katrina Wilson hosts meetings with residents to hear concerns about any issue, including code enforcement. She said plenty of residents complain about swale maintenance and the city code exists to improve property values.
Still, Wilson said council is open to discuss change, if necessary.
“We’re not just trying to rack up fees or be unfair in the application of our ordinances,” Wilson said. “We want to give fair time and support our residents.”
Daniels hardly feels supported. So, he plans to pressure city staff until code enforcement feels more fair.
