A Florida retiree who is on a fixed income is fighting to keep his home after the city of Dunedin's Code Enforcement Board began foreclosure proceedings over $30,000 in unpaid fines for not mowing his lawn. Jim Ficken racked up the hefty fines last summer while he was out of town taking care of his late mother's estate. He says he hired a man to mow his lawn while he was away, but the man passed away.
When Ficken returned home, he tried to mow the lawn himself, but his mower broke and he was unable to fix it or buy a new one. He was fined $500-per day for 57 days because he was considered a repeat offender.
Ficken announced that he was filing a lawsuit against the city on the same day they announced they planned to foreclose on his property.
He argues that the $30,000 fine is excessive and cited a recent unanimous Supreme Court ruling that found the 8th Amendment prohibits cities from imposing excessive fines.
"It is outrageous for being fined this amount for being tardy cutting your grass," he said.
The city is defending their decision to foreclose on Ficken's home, noting the fact that he was a repeat offender of the ordinance, which requires grass to be kept from growing over ten inches tall.
"Mr. Ficken was cited for repeat violations on his rental property," the city said in a statement. "On Tuesday, May 7, 2019, the City of Dunedin Code Enforcement Board authorized the City Attorney's office to file foreclosure actions after resolution of the case could not be agreed upon with Mr. Ficken. The City Attorney's office has not had an opportunity to review litigation filed by Mr. Ficken and as such has no comment at this juncture."