Real Estate Law | Code compliance can help homeowners
Dear Mr. Feichthaler:
I retired to Cape Coral last year, and moved into a nice, quiet neighborhood. About two months ago, my neighbor purchased a 32-foot RV and parked it in his driveway. One of the reasons I moved to Cape Coral was its rules, which makes it look more attractive than other communities in Lee County that do not have these rules. I thought RVs could not be parked in front of the house? They have loud generators running sometimes, and my anticipated quiet retirement is anything but quiet! Why hasn’t code enforcement put a stop to this?
Lloyd R.
Dear Lloyd:
Welcome to Cape Coral! Having lived here for 39 years and having served as the city’s mayor, I have addressed the issue of RV parking from all perspectives. Putting aside whether the city’s parking rules are beneficial or outdated, they do exist, but are not followed by everyone. You are correct, RVs cannot be parked anywhere on residential property in Cape Coral. There are short-term exceptions for visiting family members, which starts at 10 days, and can go an additional 15 days with city approval. Additionally, if the owner of the RV also owns the property, 72 hour parking is allowed for loading and unloading, and a permit is required anytime an RV is parked under one of the exceptions.
Addressing your question, city code enforcement is tasked with covering a huge geographic area. They receive hundreds of complaints on a daily basis. If the city has not received a complaint from you or someone else regarding the RV, it is very unlikely that code enforcement would pursue action against the owner, unless the situation presented a clear danger to the public. There is an online portal at capecoral.gov where residents can file complaints regarding city code. My clients have found the city’s code enforcement response to be fairly quick, however sometimes the law provides significant time for an owner to cure a code violation. Also, note that a few years ago the state legislature, and the city, made it a requirement to disclose your full name and address. If you do not provide this information, they will not address the complaint. Although I understand the policy reasons behind this, namely that a few individuals were abusing the anonymous system and using it solely to harm neighbors they didn’t like, the new requirements have produced a chilling effect on the lodging of legitimate complaints.
Hopefully, with the summer nearly upon us, quiet will again be restored to your neighborhood.
Sincerely,
Eric Feichthaler, Esq.
Eric P. Feichthaler has lived in Cape Coral for over 38 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, and serves as President of the Cape Coral Kiwanis Foundation. He has been married to his wife, Mary, for 25 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and practices in real estate law, estate planning, and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com or 239-542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.