Johanna Talcott
The former owner of a small multi-unit rental property has filed a federal lawsuit against the city of Largo in central Florida, arguing that city officials imposed unconstitutional daily fines for minor code violations that eventually totaled nearly $600,000.
Bob Bourgeois, who purchased the property with eight rental units in 2013, filed the lawsuit in the Middle District of Florida on May 13. Bourgeois, who has an architectural engineering degree, hoped to use the rental income for his retirement, but he was unable to keep up with fines of $250 per day that were levied by code enforcement officers, according to the lawsuit.
Bourgeois had planned to carry out the repairs himself, but the city revoked a roof repair permit he had taken out and ordered Bourgeois to hire a third-party contractor. He was also cited for rotten trim or soffits, ordered to demolish an old shed and told to replace a deck and stairs, according to the complaint. In addition, city officials pointed to an inoperable heater and missing shingles.
The plaintiff said he was told by city officials that the daily fines would be waived if he moved forward to fix the problems tallied up by code enforcement officers, the lawsuit states. By 2020, Bourgeois had hired contractors to complete the outstanding repairs, but the city foreclosed on the property without forgiving any of the accumulated fines and sold it at auction for a fraction of its appraised value, according to the complaint.
“Now, with his retirement investment totally wiped out, Don is taking his fight to federal court to restore his rights and end Largo’s destructive and illegal use of fining power as a money-making scheme,” Bourgeois’ attorney, Johanna Talcott of the Pacific Legal Foundation, said in a statement provided to the Florida Record.
Her client is not the only victim of excessive municipal fines, according to Talcott.
“State and local governments across the country regularly impose outrageous fines for minor offenses, with the burden frequently falling on citizens – like Don – who can least afford to pay,” she said.
Bourgeois put in numerous hours of his own labor and spent about $200,000 over the years to fix the code violations, according to the lawsuit, which indicated that the plaintiff’s company, DJB Rentals LLC, eventually became insolvent.
“The city’s financial sanctions against DJB were unconstitutionally excessive in violation of the Excessive Fines Clause, and the city violated DJB’s rights to procedural due process, depriving him of an opportunity to challenge the total fines,” the lawsuit states.
The city of Largo did not respond to a request for comment.
The complaint also alleges that the way the city uses its fining power amounts in a way that deprives residents of their rights to run a business.
“You shouldn’t lose your entire property over minor issues,” Talcott said. “The Constitution makes it clear that fines can’t be wildly out of proportion to the offense they remedy. Florida’s short time to challenge such fines adds insult to injury. Thirty days is an incredibly short window to protest fines that can accrue for years and wipe out your life savings.”
The lawsuit argues that allegations of building code violations were in no way criminal and did not endanger Bourgeois’ tenants.
The complaint seeks a judgment that the fines were unconstitutionally excessive as well as damages to compensate him for civil rights violations and an award of attorney fees.
