A Live Oak man found out the hard way that you can lose your property for a code violation even if you weren’t the one who committed it.

An ex-sister-in-law of Michael Wooley placed her mobile home on his property in 2004 without his knowledge or consent, he says. Three years later Wooley may lose his land because of it.

When Wooley discovered the trailer on his one-acre tract in 2004, he filed a trespassing complaint with law enforcement. The trailer had no permit and was on the property illegally. Then-Sheriff Al Williams worked with the woman who sited the trailer and with other family members, but could not get the home moved. After Tony Cameron took over as sheriff in 2005, he also worked to get the home moved. It took two years of hard work, but the mobile home was finally removed in 2006.

Before the trailer was moved, Wooley was issued a citation and a fine of $250 per day. By the time Wooley had come into compliance by moving the trailer, his fines had grown to $13,250. Earlier this year County Commissioners lowered the fines to $718.

Despite complying with the code, the Suwannee County Code Enforcement Board asked the county commission to file a lien on the property. Commissioners voted to file the lien in March 2007. Ninety days after a lien is filed the board can order a foreclosure.

Per the Code Enforcement Board’s recommendation, commissioners voted 3-2 to foreclose on Wooley’s property. Commissioners Randy Hatch, Douglas Udell and Billy Maxwell voted for the foreclosure. Commissioners Ivie Fowler and Jesse Caruthers voted against it.

Wooley appealed the decision Tuesday. Commissioners voted 3-2 to deny the appeal. The vote was split just as it had been before.

Wooley will now go to court where a judge will decide the fate of his property.

Wooley maintains he is not at fault and should not have to deal with the issue.

“I’m not the violator,” he said. “They chose to go after the property owner, not the violator.”

Wooley said he had no intentions of paying fines but rather wanted to appeal the commission’s decision to foreclose.

County Coordinator Johnny Wooley, who oversees the Code Enforcement Board, said that even if the property owner is not the violator he is held responsible for any action taken on his property.

“The violation was on his property, so he is required to take care of it,” said Johnny Wooley, no relation to Michael. “And he has a right to go after the person who put it there.”

Johnny Wooley said law enforcement does not have the authority to force a trespasser off property simply by acting on a trespassing complaint. An eviction notice must be served through small claims court.

“Law enforcement can’t intervene in a civil action,” he said. “He should have gotten a court order.”

Johnny Wooley said it was Michael Wooley’s responsibility to get the court order and that he was informed of that. Instead he wanted to appeal the county commission’s decision rather than going through the proper venue, the county coordinator said.

“It’s the Code Enforcement Board’s job to make people come in compliance, not to take their property,” said Fowler, who voted in Michael Wooley’s defense.

Caruthers, who also voted against the foreclosure, said he wants to say to the public, “Beware, if your property is not in (code) compliance the board will take your property.”

Hatch disagreed. He said he thought the Code Enforcement Board had been fair and the county commission had been fair by significantly reducing Michael Wooley’s fines.

“There has been no effort made to rectify the situation after almost four years,” Hatch said. “He (Michael Wooley) has been defiant with the Code Enforcement Board so long, they took steps within their authority to get his attention.”

“We are not out to beat people up but bring them in compliance to reduce health and safety issues,” he added.

This is the first time county commissioners and other county officials can recall property being foreclosed on under such circumstances. A few months ago commissioners voted to release the lien of Charlie and Helen Horne, who were cited for a similar violation. More than $50,000 in fines had stacked up against the couple. Once they came in compliance with the code, commissioners voted unanimously to satisfy the lien and the total fine.

County commissioners are the final say on all recommendations by the Code Enforcement Board. In deciding cases of code violations, commissioners can choose to let a lien remain until it is paid without ordering a foreclosure. They can also reduce a person’s fines or forgive them completely.

Officials said the decision against Michael Wooley is due to his refusing to comply over a lengthy time period.

“Is three years too long to ask someone to come into compliance?” Johnny Wooley said.

The county coordinator said though he is surprised with the order to foreclose, the Code Enforcement Board and county commission acted within their rights.

Michael Wooley feels he is being made an example.

“If I have to lose the land to let the public know about this injustice I will,” he said. “It’s the principle of them throwing their weight around on a cut and dried issue.”