City condemns man's purple house

WorldNetDaily.com ^ | Thursday, November 13, 2003

[JohnHuang2]

PRIVATE IMPROPERTY
City condemns man's
purple house
Gives homeowner 3 years to change to more muted color

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Posted: November 12, 2003
3:00 p.m. Eastern

© 2003 WorldNetDaily.com

A South Florida city has order a man to repaint his house an acceptable "muted" color after he had it painted purple and gold in a show of pride for his college fraternity.

The city of Lauderhill, Fla., passed a new law that controls the colors residents can paint their homes and compels the man to repaint within three years, the South Florida Sun-Sentinel reports.

City commissioners' first pass at the new law gave residents five years to repaint, but that was deemed too lenient by some. Only homeowners who can prove financial hardship will be granted the full five years, the paper reported.

"I almost jumped out of bed when I read we'd have to wait five years for someone to repaint a purple house," Commissioner Wally Elfers said during Monday's meeting, according to the paper. "My God, that's a lifetime."

After the man's neighbors complained to City Hall about his new paintjob, officials contacted the homeowner asking him to repaint using a more muted color. The man refused, saying he had paid professional painters to do the work.

The report says a consultant will help the city create a color palette with hundreds of shades from which homeowners can choose. Commissioners are scheduled to vote on the palette in January.

"You have to set a certain tone within your neighborhood," Assistant City Manager Desorae Giles-Smith told the paper. "It's a nice house. Clean. Nice landscaping. It's just a really different color."

[Moonman62]

If the law was in force when he painted it, maybe so. I thought ex post facto laws were unconstitutional on their face.

The article isn't real clear on the timing of the law, besides there may be different stadards for civil laws such as city codes versus criminal laws. Anyway, the law in effect still gives him 3 to 5 years to repaint.

[clee1]

There are still places in America where you can paint your house purple and green, and breed rats in your yard. In fact that's where I hope you live and where you will stay.

My my.... that wasn't very nice.

I'd never paint my house purple and/or green, nor would I breed rats, etc.

When I bought property, the covenants contained w/i the deed were that I could not put a mobile home on the property if it could be seen from the road, nor could I use my property as a junkyard. I agreed to these terms when I purchased the property. All well and good.

When I built my house, if the city had an ordinance about color, that would be fine. To come back later, after my house was painted, and the city passed an ordinance specifically to make me repaint my house - that's a horse of an entirely different hue.

YOU want to use the police power of the Government to enforce your wishes. You're right, thats not communism - it's totalitarianism. Don't like my previously legal color choice, buy me out or move.

[rmh47]

hmmm, i guess he is a LSU fan?

I was all set to get my fur up over this blatant abuse of private property rights by commie bureaucrats until I read this post. If he is actually an LSU fan, then screw him. He deserves this and more. ;>)

-from a 'cat fan at the North end of the SEC who bleeds blue

[Djarum]

This isn't the first time a southern state has had problems with color.

[Moonman62]

Want to bet that he's having problems with a neighbor in the first place?

I bet he is, but he's also punishing all the other neighbors. I've seen other problems like this where neighbors are more than willing to donate free labor and materials to take care of the problem.

[Moonman62]

When I built my house, if the city had an ordinance about color, that would be fine. To come back later, after my house was painted, and the city passed an ordinance specifically to make me repaint my house - that's a horse of an entirely different hue.

First, I don't think Lauderhill passed this law specifically for this house, and I wouldn't bet that a city couldn't legally pass a law requiring certain colors after the fact. And seeing how Lauderhill is giving people 3 to 5 years to repaint, that's probably the case.

[EGPWS]

Amen to that! Why doesn't the city spend its time and money going after criminals instead of lawful property owners. Sheesh!!

The City? I was informed that my 13 year old abode, which has been painted once since new, was a concern to my insurance company. I questioned it and was informed that I need to paint for "concern of building degredation hazards" if I didn't. I was informed that if I didn't paint, I would lose my insurance. This after being sent a letter from my insurance company (6 months earlier} that no matter what happens to me I will NEVER be dropped for auto insurance because of my excellent record. Well I'm still insured after spending $23,000 to reside my abode for I refused to paint something that didn't need it!

Now at least I NEVER have to be concerned with painting the abode!

[dglang]

Usually a governing body can't pass a retroactive bill, especially concerning something like real estate. They may prevent someone else from painting a bad color scheme, but they can't change what already exists.

They may hassle him with multiple complaints about the condition such as paint chips or rotted wood etc, but most likely not the color. They may harrass him about faded paint and make him repaint, but I don't think that they can make him change the color.

It's something about making retroactive laws, and whatever already exists can't be made illegal.

I lived in Bolingbrook Il for 16 years and they passed a law requiring everyone to pave their driveways all the way to the garage instead of just to the front of the house. Since my gravel driveway between the house and the garage was already present at the time the law was passed, they couldn't force me to pave it. They did however make me lay down fresh gravel every few years and keep it weed free.

[Savage Beast]

Remember that song that came out back in the '50's or '60's about the people who live in houses that all look just alike and the people are all the same? They go to universities and come out all the same, or something like that. Something about "ticky tacky" or something.

[Mugwumps]

Lyrics here:
http://friendship-village.com/music/E/Little.html

[dglang]

The 3 to 5 years is so that they can say that the paint is faded and must be repainted. The authority will probably claim that the house can't be repainted in any color other than the approved color. He can get around that by keeping it well maintained and touching up whenever needed.

It may still be illegal to make him change color anyway because what is there can always remain as long as it is in good condition.

The same is true if the area zoning changes, whatever it was before the zoning change can remain but nothing outside of the zoning can be added.

If he willingly paints it another color, then he can't change it back again.

[Iscool]

If the color of the house wasn't visible beyond the property line, then you'd have a point.

You got it backwards...If the neighbors don't like what they see, they can build a fence to block the view...Whose liberty is really being squashed here??? Or doesn't that count anymore???

[FLAMING DEATH]

Do you have a right to be angry because someone paints their house a weird color? Yep.

But, your property values aren't guaranteed by the Constitution.

The right to be "secure in possessions" is.

If the government can tell you what color to paint your house, then is it your house? Can your possessions be secure if the government dictates to the Nth degree what you can and cannot do with them, backed with the might of arms, and in their opinion, "legal" justification for using them should you not comply?

[sergeantdave]

Give some turd a little power and he becomes a fascist.

Following the council's fascist logic, I can build a $10 million spread on my property. I look down my snooty nose at the peon's $100,000 hovels across the street. By golly, those shacks are affecting the market value of my 27 bedroom vacation lodge. These ramshackle lodgings are a blight. They must be upgraded or razed.

It's amazing how many people are prima facie fascists hiding behind K-Mart curtains.

[Libertarianize the GOP]

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[farmfriend]

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[bird4four4]

It's a nice house. Clean. Nice landscaping. It's just a really different color

God forbid anybody should be different. Squash individulism, conformity to the communal standards is the future. That is the American way!!!

[farmfriend]

Got a purple house down the street from me. Couple of women painted it. Starting to get sun faded now.

[AAABEST]

Are you sure you're from the moon and not Cuba? Because you have no concept whatsoever of what a "right" is, not even the slightest inkling of a clue.

I can't believe there are people on this forum who are "pro-government authorized color shades".

[Libertina]

Agreed. The neighbors may not like this, but they should pay attention to their own property.