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Redington property owners fight back
By BOB MACPHERSON
Article published on Tuesday, April 22, 2008 |
REDINGTON BEACH – A lingering reluctance of a property owner to comply with the town’s nuisance code has taken a peculiar turn.
On March 28, Laura and Julianne Melton filed a suit against two adjacent neighbors who have complained of the Meltons’ upkeep of their property.
The Meltons’ lawsuit is against neighbors Mark Deighton, his wife Eike and Ron Diaz whose homes flank the Melton property. The three lots form the end of a cul-de-sac. The lawsuit puts the blame for the Melton property shoreline erosion on the Deighton and Diaz seawalls. The Deighton and Diaz properties have approved seawalls as required by law for waterfront properties. The Melton lot does not have a seawall.
According to Deighton, other members of the commission and city staff who are familiar with the problem, the Melton property at 15930 Redington Drive has been a sore spot for years ultimately leading to legal action by the town.
The town attempted to get the Meltons to comply with the law in 2000 with a special master hearing. In 2005 another special master hearing took place. The Meltons ignored the results of both hearings, which required them to comply with the code.
The town fined the Meltons $150 a day and recently filed suit to collect that money.
The Meltons then turned the tables on the Deightons and Diaz by filing suit, alleging that somehow the Deighton and Diaz seawalls were the real culprit causing their problems.
In a memorandum to the mayor and board of commissioners, town code enforcement officer Mark Davis said, “The Meltons have been ordered to correct the violations by special master on two separate hearings. Each hearing was appealed through the legal system’s courts, three times each. Six individual courts ruled in the town’s favor. Since there has been no cooperation from the Meltons whatsoever in the last eight years, the town is now forced to go into federal court with this case. Not only do the defendants (Deighton and Diaz) have concerns over their properties subject to damage and depreciation of their home values, but the town could possibly lose their street due to the Meltons’ neglect and unwillingness to work with the town in correcting their violations.”
The commission at its April 15 meeting decided legal defense of the Deightons and Diaz is in the public interest and decided to defend them in court. Town Attorney Andrew Salzman recommended that the commission ask attorney James Yacavone to consider handling the suit. Yacavone is municipal attorney for Tarpon Springs and Indian Shores.
If he agrees, Yacavone will be asked to combine the town’s action against the Meltons and the defense of Deighton and Diaz in a single action, and will ask the court to find the Melton suit frivolous.
In an April 2 memo to Mayor Nick Simons and the board of commissioners, Mark Davis recommended the town defend the Deighton’s and Diaz in court.
“The town’s codes require that all properties have sea walls prior to any structure being built. The defendants purchased their homes with a sea wall as is the norm. Unfortunately the Meltons lot does not have a seawall and has almost completely eroded away causing an undue hardship on the defendants. The town has an obligation to protect its residents from undue burdens caused by the violations of its code of ordinances by others,” Davis said.
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Article published on Tuesday, April 22, 2008
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