CLEARWATER — Three St. Petersburg property owners are suing the city, alleging breach of duty.
Tom Daher, Mona Daher and Sultain Jiwani filed a complaint July 16 in Pinellas County Circuit Court against the city of St. Petersburg, alleging the city unlawfully initiated code enforcement proceedings against the plaintiffs under the city's Chronic Nuisance Ordinance.
According to the complaint, on Dec. 6, 2017, the three plaintiffs received a notice from the city that their property at 2913 28th St. N., St. Petersburg, was being declared a nuisance because of the large number of homeless people that were loitering and drinking on the property.
In response to the notice, the plaintiffs say they have followed the defendant's proposed written action plan (WAP), requiring them to build a fence to abate any further nuisance activities.
However, the suit says, the city declared the property to be a chronic nuisance without any notice. As a result, the plaintiffs were subjected to a $500 fine and will be assessed for the future cost of police services at the property, the lawsuit states.
The plaintiffs allege the city of St. Petersburg has failed to provide adequate notice of what factors the city will consider when deciding to accept or reject a WAP.
The plaintiffs seek trial by jury, judgment to declare the Chronic Nuisance Ordinance is unconstitutional, award costs and all other appropriate relief. They are represented by attorneys Timothy W. Weber and Paul M. Crochet of Weber, Crabb & Wein, PA in St. Petersburg.
Pinellas County Circuit Court case number 18C4654