An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 
Published Thursday, May 18, 2006

Homeowners and condo owners have been punished by hurricanes in the last two years. Insurance premiums continue to skyrocket, while government agencies like FEMA urge owners to prepare for the storm. From the FEMA website: “Remove Trees and Potential Windborne Missiles! You should ensure that all trees are far enough away from your house that they can't fall on it. So the distance between your house and any nearby tree should always be greater than the height the tree will reach when it is fully grown.”

Easier said than done, considering that some city ordinances threaten fines for removal of trees.

In one case, an owner in Jacksonville Beach with dangerous trees near his home asked code enforcement for permission to remove a few trees. Despite the fact that these trees stand too close to the home and the roots have already damaged the driveway and foundation, his application was denied. Statement of the code enforcement officer: “Cut the damaging roots!” Any arborist will tell him that this would even increase the danger of the tree falling in the home – hurricane not even necessary.   When the homeowner’s appeal letter remained unanswered, he wrote to the officials again to ask for reconsideration of the decision.  This rude answer was received: “Since there was no new information relevant to your situation there was no need to respond to your previous letter.” That’s decision power! I call it “arrogance of a city official”!

In Egypt Lake a grand old oak tree is an obvious hazard. Located two feet from the house, its thick, powerful roots are growing into and under the structure, threatening the walls and foundation. But no permit for removal! The department (quote) determines only whether the tree is healthy, not whether it is a threat to the homeowner's property!

Common sense?

Sometimes I really wonder what goes on in the minds of some city officials! I guess it’s: “Let’s create some ordinances – no matter what!” One agency tells you to remove dangerous trees to protect your home – and the next agency threatens you with fines if you remove them! The loser – as usual – the homeowner, who will have to pay for the deductible and will see an increase in the insurance premium when the tree falls on his home – not to talk about all other kinds of problems!

And all over Florida homeowners in HOAs are fighting for their right to install hurricane shutters and have them up during the hurricane season. But association boards often seem to prefer good looks to safety. Under the pretense of “protecting” property values, they come up with the weirdest regulations, often against the will of a majority of homeowners. See one example in North Port: http://www.ccfj.net/HOAFLhurrshutters.html

Maybe some of these board members should realize that there would be no property values to protect when the hurricane removes the roof of the homes where they refused to give permission to install hurricane shutters?

I guess it’s easy for a governor and other government executives to warn of all the dangers and hold long speeches about hurricane preparedness, if the local entities play their own little games and create regulations that can only be considered ridiculous?

How can homeowners get prepared for the next hurricane by doing the right things, if some neighbors endowed with a little bit of enforcement power try to show their “power” by threats of fines?  Maybe they should have to pay for the damages their little games create?