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‘Arbitrary and Capricious’

March 23, 2013
Cape Coral Daily Breeze

To the editor:

"Arbitrary and Capricious means doing something according to one's will or caprice and therefore conveying a notion of a tendency to abuse the possession of power. Arbitrary and Capricious means doing something according to one's will or caprice and therefore conveying a notion of a tendency to abuse the possession of power."

This is exactly what the city of Cape Coral is doing with the code that restricts trailer parking on one's property.

It allows the parking of boat trailers on residential homeowners lots but not other trailers. This is against the law in this country. To restrict some people while allowing other to park their trailers is Arbitrary and Capricious enforcing of the code.

I have been repeatedly cited for parking my trailer, which is a multi purpose, enclosed cargo trailer and threatened with a $1000 per day fine unless I remove said trailer and pay for storage.

Yet boat trailers (which are single use cargo trailer) are allowed by the city and these owners do not have to pay for storage of their trailers they can park them on their property.

A boat on the back of a trailer is cargo and therefore not allowed to be parked on the property according to the restriction of cargo trailers in the city of Cape Coral.

This city discriminates against some of its citizens simply because they think they can, and therefore are "conveying a notion of a tendency to abuse the possession of power."

This city clearly discriminates and harasses some of its citizens which is a violation of the constitutional rights of the citizens but the city has no trouble in doing so on a daily basis.

This must stop immediately.

Further more the code enforcement department chooses to enforce the code "Arbitrary and Capricious." They come to my home and harass and threaten me while ignoring the numerous trailers, commercial vehicles and motor homes that are parked throughout the neighborhood and some have been there for years. Yet as soon as I bring my trailer to do some maintenance the harassment starts. Some of the trailers and commercial vehicles can be seen from my driveway and simply by driving down the street. But code enforcement ignores these violations while continually harassing me.

These code enforcement officers are discriminating and harassing me knowing of the other violations throughout the neighborhood and city and that kind of behavior is illegal and I believe criminal on the part of Cape Coral code enforcement. Even law enforcement officers cannot harass, intimidate or discriminate against the citizens of Cape Coral.

This city is obligated under the constitution of the United States of America to apply the laws and rules equally, they do not. It violates the constitutional rights of the citizens on a daily basis.

Donald Reed

Cape Coral

 
 

 

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