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Ocala
Sunday, September 8, 2024

Ocala homeowner says code violation for fence broken by police is ‘unethical’

An Ocala homeowner whose fence was broken by local law enforcement during a search for a hiding suspect has accused the city’s code enforcement department of being “unethical” for issuing him a violation about the “dilapidated fence,” claiming his property is being unfairly targeted despite his neighbors’ homes being in worse condition.

On Tuesday, John Ghannam addressed the Ocala City Council about a code enforcement violation that he received in reference to a previously broken fence at his property (2128 SE 3rd Place).

According to the complaint, on July 11, Code Enforcement Manager Dale Hollingsworth was “made aware of a video posted by the Marion County Sheriff’s Office” regarding the apprehension of a battery suspect at a vacant residence in Ocala.

A Marion County Sheriff's Office deputy and his K-9 partner tracked the suspect to this home in Ocala. (Photo: Marion County Sheriff's Office)
A Marion County Sheriff’s Office deputy and his K-9 partner tracked the suspect to this home in Ocala. (Photo: Marion County Sheriff’s Office; July 8, 2024)

In the video, a Marion County Sheriff’s Office deputy and his K-9 companion track a suspect accused of battery to the backyard of a vacant home.

The deputy is seen pulling the fence apart to enable his K-9 partner to enter the property.

Screenshot
Fence planks sit on the ground next to Marion County Sheriff’s Office deputies at the subject property. (Photo: Marion County Sheriff’s Office; July 8, 2024)

After Hollingsworth watched the video, the report notes that he “determined the video showed clear evidence of an ill-maintained property, and depicted scenes of deterioration of the structure itself.” The report goes on to suggest that, despite the front yard being mowed and appearing “to be somewhat maintained,” the structure itself gave an “image of vacancy.”

In his report, Hollingsworth concludes that the appearance of the home is likely what led to “the suspect being drawn to this particular property to hide from law enforcement.”

The city of Ocala Code Enforcement Division said Ghannam's property's appearance is what drew the suspect to the property. (Photo: City of Ocala)
The city of Ocala Code Enforcement Division said Ghannam’s property’s appearance on July 8, 2024 is what drew the suspect to the property. (Photo: City of Ocala; July 11, 2024)

Shortly after viewing the video, Hollingsworth visited the home to “verify” his findings. While at the scene, he described the home as being a “significant source of slum and blight in the area,” saying the “remainder of the area within eyesight is nearly pristinely manicured and maintained.”

Four days after that initial visit, a notice of violation and public hearing was issued to the property and its owner, Ghannam.

Ghannam was given a code enforcement violation for "overgrowth" at his home. (Photo: City of Ocala)
Ghannam was given a code enforcement violation for “overgrowth” at his home. (Photo: City of Ocala; July 11, 2024)

In the weeks that followed the violation, Ghannam worked on bringing the property into compliance. On August 8, he emailed the city to ask for an extension “due to Hurricane Debby.” At the time, he said his property had “suffered extensive damage” from the hurricane.

On August 9, a code enforcement officer revisited the property to conduct a follow-up inspection.

In the report, the officer notes that she “observed that some progress had been made to clean up the front yard.” The note confirms that a code enforcement hearing is scheduled for September 12, 2024.

City of Ocala
Code Enforcement Division
The home showed several improvements during a follow-up inspection on August 9, 2024. (Photo: City of Ocala)

During Tuesday’s meeting, Ghannam expressed several concerns with the code enforcement violation, constantly reiterating that the actions of the department’s officers were “unethical.”

Ghannam said his biggest concern was not about the citation itself, but rather, that he wasn’t responsible for the actual destruction and was being treated as if he was. He said he was thankful for law enforcement doing their job, but that he “shouldn’t be penalized” for a code violation that they created.

A photo taken by code enforcement on August 9, 2024, shows improvements at the property. (Photo: City of Ocala)
A photo taken by code enforcement on August 9, 2024, shows improvements at the property. (Photo: City of Ocala)

After running over his allotted 3-minute time slot to make a public comment, Ghannam was permitted by Ocala City Council members to continue speaking about the issue.

He went on to suggest that he was being unfairly “targeted” in his neighborhood, citing several properties in the community that have “all kinds of growth.” During his presentation, Ghannam provided multiple pictures of neighboring properties to illustrate his opinion.

“Don’t single me out. To me, that’s totally unethical,” said Ghannam. He said none of his neighbors were cited and that his property had not been the subject of any citations in the past.

Neighbors with overgrowth
Ghannam provided multiple photos of neighboring properties to illustrate why he believes he was unfairly targeted. (Photo: City of Ocala)

In response to his concerns, Ocala City Council members and City Manager Peter Lee said they would conduct an investigation into the case and “get to the bottom” of the issue. Lee said that if the issue were just a fence, it would likely “take care of itself.”

Ocala Police Department Chief Mike Balken briefly addressed the issue at the meeting, saying his department would cover the cost of the fence if it “fell within the parameters” of what they normally cover. According to Ghannam, the repairs have already been complete.