Green Garden Spaces VS City Ordinances & Homes Associations

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Green Garden Spaces VS City Ordinances & Homes Associations

Post by Guest on Fri Jun 10, 2016 1:57 am

This issue reared it's unique head in Johnson country recently; a country heavily loaded with 'homes associations' and a strictly enforced multi-jurisdictional municipality code enforcement for each city.
Couple Sues After Town Bans Front-Yard Gardens
June 8, 2016 3:40 PM
MIAMI (CBSMiami/AP) — A South Florida couple is hoping to squash an ordinance that limits gardens to backyards. They are asking a judge to uproot the ban they claim violates their constitutional rights.
For 17 years, Tom Carroll and Hermine Ricketts have grown vegetables in a front-yard garden.
The couple said they dug up the garden in front of their Miami Shores home in August 2013 when town officials threatened to fine them $50 a day if they didn’t. The threatened fine came a few months after the Miami Shores Village Council adopted a new zoning plan for the town of about 10,500 north of Miami.
The couple sued, and at a hearing Wednesday their attorney said the ban violates the Florida Constitution in several ways, including improper limits on their private property rights and violation of the equal protection clause by singling out vegetables over other plants.
“We’re not saying you can do anything you want on your property,” attorney Ari Bargil told Miami-Dade Circuit Judge Monica Gordo. “We are simply saying you can grow vegetables on your property and that is protected by the Constitution.”
Richard Sarafan, attorney for Miami Shores, said the new zoning rule was not irrational and treated all homeowners the same: their front yards should be covered with grass, sod or a “living ground cover” not further defined. It’s no problem, he said, to have a vegetable garden in the backyard.
“There certainly is not fundamental right to grow vegetables in your front yard,” Sarafan said. “Aesthetics and uniformity are legitimate government purposes. Not every property can lawfully be used for every purpose.”
Carroll, who attended the hearing, said the couple sought to grow produce using organic practices, such as no use of pesticides. He said he had never gotten a complaint from a neighbor in all the years he tended the garden, which grew some 75 varieties of vegetables.
“It’s important that we have the right to do something on our own property,” Carroll said. “We’re just trying to grow vegetables.”
The couple is being represented by lawyers from the Arlington, Virginia-based Institute for Justice, which describes itself as a Libertarian nonprofit organization that focuses on issues such as private property rights, school choice and free speech.
Gordo did not immediately rule. Both sides said the judge could decide the matter without a trial, but either way the case is likely to be appealed, attorneys said.
http://miami.cbslocal.com/2016/06/08/couple-sues-after-town-bans-front-yard-gardens/
Before this landscape issue it was: if you purchased a home with those horrid wood shake shingles and your home owners insurance was going to triple charge you - TOUGH - the home's association had iron clad rules binding you to the covenant that you MUST MAINTAIN the roofing material that your home had when you purchased it.

Now it's green space and garden issues ...quite a few 'homes associations' do not even allow a garden to be located in the back yard let alone to dig up your front lawn green space.

No clothes lines - fencing has specific codes - structure & material requirements - what color you are allowed to paint your home, yada-yada-yada-yada. 

WOW, what urban living in America means to some people! 

Gardens - weather flower or veggies ...can be a beautiful thing; doesn't mean that during those 'off seasons' that they remain so eye appealing or that they land owner will weed as needed either!  Just don't know, but it sure would cut down on the mowing/trimming/spraying for weeds & fertilizers that run off into the storm water


Last edited by 4EVER2 on Fri Jun 10, 2016 9:47 am; edited 1 time in total

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Cass on Fri Jun 10, 2016 2:38 am

If you want to do as you want to a property, then don't buy a house that is located in a Home Owners Association. Nobody forced them to buy a house there. Simple really.

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Guest on Fri Jun 10, 2016 2:59 am

Cass wrote:If you want to do as you want to a property, then don't buy a house that is located in a Home Owners Association. Nobody forced them to buy a house there. Simple really.
That's true ...but the people in the article had gardened in their in their front yard for 17 years  before the city changed their ordinances; seems that the lovely garden - saved on wasting city water to keep lawns green - that have to be mowed - that generate grass clipping's every 6-8 days - veggies are a form of plant life - very diverce in color/height and there'd never been any complaint from any neighbors either No   
Fresh water has become a disappearing reasource in many regions of our country ...this might be a useful resolution for drought area's like California.

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Cass on Fri Jun 10, 2016 3:24 am

I agree it seems on the face of it to be unfair considering the 17 years but there was a complaint and the zoning laws need to be enforced. They can grow fruit and flowers in their front yard and vegetables in the back.

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by WhoseYourWolfie on Fri Jun 10, 2016 4:49 am

Cass wrote:
If you want to do as you want to a property, then don't buy a house that is located in a Home Owners Association. Nobody forced them to buy a house there. Simple really.

cheers

MY THOUGHTS precisely,  Cass...

Why do people like those troublemakers even buy into those neighbourhoods --  knowing perfectly well that there are restrictive ordinances over those estates sub-divisions..

The sheer arrogance and selfish "me, me, me," "sense of entitlement" beliefs of some people.
Similar to those who move out to the suburbs, and start complaining about the birds, frogs, bees and bats;    or move into rural areas and campaign against neighbouring piggeries or the horsey smells;     or move into 'no dogs or cats' and environmental protection zones, then immediately try to overturn the rules..    

I would never buy into a street like that personally, anyway.  Not my cup of tea..

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Guest on Fri Jun 10, 2016 9:57 am

WYWOLFIE stated > Similar to those who move out to the suburbs, and start complaining about the birds, frogs, bees and bats;    or move into rural areas and campaign against neighbouring piggeries or the horsey smells;     or move into 'no dogs or cats' and environmental protection zones, then immediately try to overturn the rules..    
True too that ...even in this rural - little berg; my home sets on the Northwest edge of the city limits - my nearest neighbor north is a feed lot, just across the city limits - the closest pens are 100 yards from my home ...but I get the sounds, smells, dust when the wind is in the right direction - knew that when I came to view this property! 
2 other homes sold in the past 16 years that I've lived here and the #1 complaint has been: living next to that 'god awful feed lot' ...'google map' or ask about the surrounding businesses/homes - check out the neighborhood prior to just looking at the home you want.  Seems the other important issue when buying property.

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Lord Foul on Fri Jun 10, 2016 10:19 am

The land of the free.....as long as you do as you are told....

PFFFFT......

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by sassy on Fri Jun 10, 2016 10:36 am

4EVER2 wrote:
WYWOLFIE stated > Similar to those who move out to the suburbs, and start complaining about the birds, frogs, bees and bats;    or move into rural areas and campaign against neighbouring piggeries or the horsey smells;     or move into 'no dogs or cats' and environmental protection zones, then immediately try to overturn the rules..    
True too that ...even in this rural - little berg; my home sets on the Northwest edge of the city limits - my nearest neighbor north is a feed lot, just across the city limits - the closest pens are 100 yards from my home ...but I get the sounds, smells, dust when the wind is in the right direction - knew that when I came to view this property! 
2 other homes sold in the past 16 years that I've lived here and the #1 complaint has been: living next to that 'god awful feed lot' ...'google map' or ask about the surrounding businesses/homes - check out the neighborhood prior to just looking at the home you want.  Seems the other important issue when buying property.

One thing I noticed over there, you don't seem to have the same planning laws, could be wrong, but in Houston in particular there would be and upmarket housing estate, swimmng pools the lot, and right next door would be a manufacturing uniit.   Has that changed, is it still allowed?

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by eddie on Fri Jun 10, 2016 11:37 am

WhoseYourWolfie wrote:
Cass wrote:
If you want to do as you want to a property, then don't buy a house that is located in a Home Owners Association. Nobody forced them to buy a house there. Simple really.

cheers

MY THOUGHTS precisely,  Cass...

Why do people like those troublemakers even buy into those neighbourhoods --  knowing perfectly well that there are restrictive ordinances over those estates sub-divisions..

The sheer arrogance and selfish "me, me, me," "sense of entitlement" beliefs of some people.
Similar to those who move out to the suburbs, and start complaining about the birds, frogs, bees and bats;    or move into rural areas and campaign against neighbouring piggeries or the horsey smells;     or move into 'no dogs or cats' and environmental protection zones, then immediately try to overturn the rules..

I would never buy into a street like that personally, anyway.  Not my cup of tea..
         


That's why people object when other people come to their town or area or country and demand that the country changes to adapt to them and their beliefs and their way of wanting to live.
It's the same principle, if you want to play devils advocate about it.

You're singing from Tommy and storm's song sheet basically.
Just saying.

As to the OP, bit shitty that they can't grow their veg etc out the front, but stick it out the back I suppose. Job done.

I'm not allowed to plant any plants out the front of my house as the caretakers tend to the plants in the whole area that were planted there when the house was built, lavender and some spiky tall things, and strictly nothing else must be planted. Pffffff.

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Re: Green Garden Spaces VS City Ordinances & Homes Associations

Post by Guest on Fri Jun 10, 2016 12:48 pm

sassy wrote:
4EVER2 wrote:
True too that ...even in this rural - little berg; my home sets on the Northwest edge of the city limits - my nearest neighbor north is a feed lot, just across the city limits - the closest pens are 100 yards from my home ...but I get the sounds, smells, dust when the wind is in the right direction - knew that when I came to view this property! 
2 other homes sold in the past 16 years that I've lived here and the #1 complaint has been: living next to that 'god awful feed lot' ...'google map' or ask about the surrounding businesses/homes - check out the neighborhood prior to just looking at the home you want.  Seems the other important issue when buying property.
One thing I noticed over there, you don't seem to have the same planning laws, could be wrong, but in Houston in particular there would be and upmarket housing estate, swimmng pools the lot, and right next door would be a manufacturing uniit.   Has that changed, is it still allowed?
That's a great question and understandably one that often confuses people relocating from one country to another or state to state or city to rural setting.  And until I was on the Planning Commission for 8 years {back when my husband was alive} I was unaware of all those finite classifications that a urban sprawl would do to a small rural quaint town and the surrounding agricultural zoned land.
We had to struggle those 8 years with the steady spread of people fleeing the ever spreading larger municipalities of Johnson county and wanted the 'rural lifestyle' but wanted no higher tax base but all of the refined amenities that they'd just moved away from.  Our landscape business was established on the outer edge of that small town just outside the city limits and in those 18 years the land around our became a 'NEW HOME' subdivision. Some large 1.5 acre plots some larger/some smaller and some people like us wanted to have their own home based businesses too: home beauty salon - garage mechanic/lawnmower repair - another was a pet boarder/trainer/groomer - and then the last one was a home based day care.  And just past that new home based business a Morton building went up and we all thought it was going to be a 'Church' --- noooo when they went to the local county for the sign permit that's when we found out it was going to be a 'MENS JUICE BAR' = nice phrase for topless dancing and they only 'SOLD JUICE' the men brought their own alcohol into that club and kept it for their private use. 
Well, that created quite an uproar to say the least ...but because we didn't see the problems with 'PROTECTING' our bordering/connecting land outside of our city limits by a 'future use zone plan' and getting that platted and on file we couldn't undo what had happened.

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