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Can neighbor park an RV in his driveway?

June 7, 2019
By ERIC FEICHTHALER - Real Estate Law , Cape Coral Daily Breeze

Dear Mr. Feichthaler:

I retired to Cape Coral last year, and moved into a nice, quiet neigh-borhood. About three months ago, my neighbor purchased a 31-foot RV and parked it in his driveway. One of the reasons I moved to Cape Coral was its rules, which makes it look more attractive than other communities in Lee County that do not have these rules. I thought RVs could not be parked in front of the house? They have loud generators running sometimes, and my anticipated quiet retirement is anything but quiet! Why hasn't code enforcement put a stop to this?

- George R.

Dear George:

Welcome to Cape Coral! Having lived here for 32 years and served as mayor, you can imagine I have addressed the issue of RV parking from all perspectives. Putting aside whether the city's parking rules are beneficial or outdated, I address the current law on the subject. You are correct, RVs cannot be parked anywhere on residential property in Cape Coral. There are short-term exceptions for visiting family members, which starts at 10 days, and can go an additional 15 days with city approval. Additionally, if the owner of the RV also owns the property, 72-hour parking is allowed for loading and unloading, and a permit is also required for this.

Addressing your question, city code enforcement is tasked with covering a huge geographic area, and received complaints on a daily basis. If the city has not received a complaint from you or someone else, it is very unlikely that code enforcement would pursue action against the owner, unless the situation presented a clear danger to the public. There is an online portal at www.capecoral.net where residents can file complaints regarding city code. My clients have found the city's code enforcement response to be fairly quick, however sometimes the law provides significant time for an owner to cure a code violation.

Hopefully, with the summer nearly upon us, quiet will again be restored to your neighborhood.

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 18 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

Mr. Feichthaler can be reached at eric@capecoralattorney.com, or (239) 542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.

 
 
 

 

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