‘Without due process, nothing,’ cries vet suddenly thrown out of house in his backyard – but he knew the law

AN environmentally conscious aquarist was evicted from his home for code violations, only to discover authorities incorrectly kicked him out.

Living in Orange County, Florida, Mike Powers is an avid beekeeper and hosts small pollinators in his backyard.

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He never could have imagined that his bees would lead to the loss of his home, until one day in March a letter appeared, reported the Orlando Sentinel.

According to Powers, the whole problem started in late February when a neighbor called city code enforcers about his bees.

County records show the neighbor called to complain that “bees were stinging her all the time.”

Then, allegedly, without a single conversation with the owner himself, a police officer knocked on the door and classified his house as uninhabitable.

The bright orange note, left taped to his door, designated his home as “unfit for human occupancy” and directed him to get rid of his bees.

The man is not a beginner, not only is he a military veteran, he is a two-decade veteran beekeeper.

Powers depends on his bee colony to successfully grow an edible garden of bananas, coffee beans, papaya, peaches, pineapple and sweet potatoes.

In his words, the city went ahead with the citation without “warning, without due process, nothing, just get out.”

Along with the bright orange sign, the officer left her business card with the words “remove biting insects” handwritten on the back.

Panicked by the surprising news, he barely thought twice before packing his essentials and finding friends to stay with.

Upon finding a place to stay, Powers also began looking for lawyers and Scott Glass was the one who answered his call.

COUNSEL OF LAW

Glass shared his own perspective on the matter, first as a person and not as a lawyer.

“It pissed me off,” Glass explained.

On a personal level, Glass knows some people who keep bees and has a soft spot for Power’s situation.

“I’m not a tree hugger,” the lawyer said.

“But seriously! They kicked a man out of his house because of a beehive in the backyard.”

As for the attorney’s legal response on Powers’ behalf, Glass sought a quick and straightforward solution by emailing the county code enforcement office directly.

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He emailed Florida’s beekeeping statute to the code enforcement officer responsible for the surprise notice on Power’s front door, copying Orange County Attorney Jeff Newton.

Along with the statute, Glass suggested that county officials “get these people under control” before legal action is filed on behalf of Powers and other beekeepers.

BEEKEEPING IS COOL

In Florida, beekeeping, within the limits of state law, is perfectly legal — meaning Power’s backyard apiary was no reason for the county to blame him.

Although the last few decades have generated much debate on the topic, most citizens who choose to keep pollinators are aware of the statutes applicable to their situations.

“Although state law allowed people to keep bees, at that time, when code enforcement came along, they usually had enough leverage to shut down the beekeeper,” said John Coldwell, president of the Florida State Beekeepers Association.

“Slowly but surely, most counties have come to know the rules.”

According to Coldwell, citizens experiencing this issue from code officials can contact their state apiary inspector to clear things up with the county.

Because the law applies to Powers’ situation, the state apiary inspector called code enforcement and he was able to return to his home just five days after being evicted.

For Glass’s part, he sent one last email to the county code enforcement officer.

“I hope, of course, that this is a unique case and that any future questions or complaints about backyard beekeepers in Orange County will be directed to the Florida Department of Agriculture and Consumer Services as the appropriate enforcement authority,” he wrote.

“I have, however, advised Mr. Powers that if he or any other backyard beekeeper encounters this problem in the future, he or they should call me.”

Coldwell made his own final joke, although it wasn’t legal advice.

“I’ll tell you what: If someone complains about bees, a jar of honey usually shuts everyone up,” he said.