We have a single family dwelling that is periodically being occupied by the owner after being established as an “unsafe building” by the building official. The dwelling has no running water, no electric, and is in an unsanitary and hazardous condition to human life. In compliance with our Chapter 1 Administrative Code (Building Officials Association of Florida Model) along with local ordinances and adaptations of the International Property maintenance Code, a notice to owner has been made and a No Entry Order has been posted on the building.



Since then, our police department has been called to the location on several occasions for a host of reasons. When they arrive, it is evident to the reporting officer that the dwelling is being occupied in spite of the notice and no entry order. The police are now asking if they have the legal right to enforce the no entry / no occupation provision as established by our building official.



Have any of you dealt with this issue before and can cite a FAC or F.S. that indicates what the exact procedure is for enforcement of a no entry order. In short, do the police have the right and powers to remove and/or arrest an individual, such as the owner, if they are found to be occupying and/or entering the posted building?



Thanks for any feedback or suggestions,

My opinion is it depends on what law enforcement agency you are referring to. (City police, County Sheriff, Florida Highway Patrol) They all answer or enforce to different rules/laws and jurisdictions. That was my experience with progress energy when we had issues for such items. Not that is quite the same for you since the power is already off.
The city police pretty much answer to the mayor or police commissioner that answers to the mayor. The county sheriff answers to mostly the county commissioners. And the Highway patrol answers to the state.
If it is the City police then you should have an avenue with the mayor to address the issue. After that it gets more convoluted as you move up a level.

We are a city police force with a City Manager and City Commissioners. No Mayor.

The police want to be able to remove these people when they find them there, but feel they don't really have anything legally solid to do so. They are not certain an order from a building official is sifficient to take action on...

Is it possible to obtain the input from a city attorney or the like, we do that sometimes when we need a legal view of a certain situation.

Bryan, also you can talk with the state attorney office.They should have a definate answer on this.

Thanks for all the comments.

Our little town is suddenly a City of over 50,000 people. With this, we are starting to have problems associated with a city that none of us really have ever had to experience before.

We are starting have crime, grow houses, theft, arson, fraud, you name it.

Somehow, the building department always seems to get involved one way or the other when it would appear we should not be at all.

It's a great learning experience!

I only know what I hear in my law CEUs but it appears to me that the best answer is to get a court order affirming your no entry ticket and then when they are in contempt of that order the cops can go to work. It may sound thin but they can lock you up without bail on a contempt charge so it will get their attention.

Thanks Greg.

I think that is the way we are heading.