Help Me Howard: Backyard

You put up a tall fence so you can work in private in your backyard. Then a city official reaches over the fence to take a picture and cite you for a code violation. Legal or illegal? You take a guess, and let's bring in Help Me Howard with Patrick Fraser to get the answer.

WSVN -- Some people fall in love with a hobby when they are 20, 30, 40. Daniel knew his right away.

Daniel Bernard: "As long as I've been alive. I've been racing since I was five years old."

Being a bus mechanic pays Daniel's bills. Building things in his backyard gives him peace of mind.

Daniel Bernard: "Airboats, swamp buggies, motorcycles, race cars, I used to build the floats for the Orange Ball parade."

Daniel lives in Miami Gardens and stores his materials in his backyard. He says his neighbors don't mind since it's behind this tall fence. But Code Enforcement does.

Daniel Bernard: "Well, they took a picture of the funny car and they called that junk."

Miami Gardens cited Daniel for four code violations in his backyard. And how could they prove what was behind a nearly seven-foot-tall fence?

Daniel Bernard: "Stand next to this fence holding a camera over top of it and take a picture. My understanding of the law is that's not legal."

Daniel considers the city's decision to take pictures over the fence, not only illegal but harassing, since he believes they can only cite him for what they can see.

Daniel Bernard: "It's supposed to be standing on the street specifically, not standing on a chair, not stepping on something, not looking over the fence, not bringing somebody who's eight feet tall to come by and check it out."

Daniel calls this materials for his next project. You may look at it and call it junk. But Daniel says since it's behind a fence, and his neighbors don't mind, the city should leave him alone.

Daniel Bernard: "I feel it's an invasion of privacy and stuff, and it's limiting my ability to enjoy my life, because that's what I like to do. I like to build things, and I like to make things."

Of course, there are some things you can see over the fence. But to take these pictures the Code Enforcement officers had to stretch their camera over his head or use a ladder, to record it as a code violation.

Daniel Bernard: "It's pretty underhanded and cheesy."

Well, Howard, your home is your castle, but is your backyard a place where you can expect a little privacy?

Howard Finkelstein: "Government employees cannot just walk into your backyard or even your front yard, if it is fenced. However, they can stand to look over the fence or stand on a ladder to take pictures, as long as they are in a place where they have a right to be, like a sidewalk."

When we spoke to Miami Gardens they wrote us, "The violations in question are observable from a place where any member of the general public could also observe them. The Code Enforcement official did not use any additional equipment or props to gain an added height advantage. Therefore, we conclude that the property owners' right to privacy was not violated as it pertains to the Fourth Amendment of the Constitution."

Howard Finkelstein: "In this case the citations are legal, but if you feel someone came on your property and took pictures while on your property, fight it and you will get it thrown out."

Daniel may not pay the fines, and says he may tell the city, leave me alone or I'm going to leave it all here.

Daniel Bernard: "That means that for four years they're not going to get any taxes, they're not going to get any money off the violations that they decide to write. And that's just going to be it. Let the bank have it back."

Daniel is not happy. Now, do you have a right to privacy in your fenced-in backyard? Yes, you do. You can sunbathe nude and no one can reach over and take a picture. Not even the government, unless you were breaking the law or committing a code violation like the city says Daniel is doing in this case.

Feeling fenced in? Want someone to reach over and help? Contact us. We can't build an air boat, but sometimes we can build a pretty good case for you.

With this Help Me Howard, I'm Patrick Fraser, 7News.

CONTACT HELP ME HOWARD:

EMAIL: helpmehoward@wsvn.com (Please include your contact phone number when e-mailing)

REPORTER: Patrick Fraser at pfraser@wsvn.com

MIAMI-DADE: 305-953-WSVN

BROWARD: 954-761-WSVN