Palm Beach Polo, Inc. v. Village of Wellington, Florida

Whether the Florida Local Government Code Enforcement Boards Act, Chapter 162 of the Florida Statute, and more specifically Section 162.09(2) conflicts in a material way with Section 162.09(3), and the parallel Village of Wellington Municipal Code Section 2-199(b), each of which contains vague, overbroad conflicting provisions which deprive a code violator of knowing whether coming into compliance will allow for the right to request a fine reduction prior to the municipality requesting approval from the Special Magistrate to file an action to foreclose its claim of lien against the violator 3 months after the first recording of the lien which deprives the violator of due process in that the violator cannot know whether compliance will result in a fine reduction or a potential foreclosure action, as such violates the code violator’s constitutional right to due process under the 14th Amendment to the U.S. Constitution.