Wednesday, February 24, 2021
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The Villages

Snowbird complains that neighbor’s ‘dam’ flooding his property in The Villages

A snowbird has complained that his neighbor’s landscaping is acting as a “dam” and causing flooding on his property.

The property at 1799 Poppy Circle in the Village of Sabal Chase owned by William Bailey was the subject of a public hearing Friday morning before the Community Development District 6 Board of Supervisors.

“Since May of 2020 when he installed concrete curbing directly on the property line on his side (north) property line with river stones piled several inches high directly behind that curbing which prevents flowing rainwater which previously flowed into and through his yard exiting to the south. That rainwater is now diverted into my yard and collects into standing water which is created because he created a dam with river stones and concrete curb on the south side of his yard. That dam does not allow the water to drain and causes the standing water in my yard. Not just a trickle, but a significant amount,” Richard Higgins of 1853 Poppy Circle wrote in an email to the CDD 6 board.

This home at 1799 Poppy Circle, left, has landscaping that is over the property line.

Higgins was not at Friday’s hearing because he was out of state.

The complaint about the issue was received in November by Community Standards.

Testifying before the CDD 6 board, Bailey said he is a disabled Vietnam veteran and hired a landscaper to perform the work. Bailey said the landscaper led him to believe that he had received the blessing of the Architectural Review Committee.

During an investigation into the matter, Community Standards determined that Bailey’s landscaping was over the property line.

Bailey brought his next-door neighbors to the hearing, presumably to testify that they were in favor of Bailey keeping the landscaping. However, the neighbors were not permitted to speak, because District Counsel Mark Brionez said it was “not an issue of water flow,” rather it was about the property line.

Bailey, an 11-year resident of The Villages, contended the complaint had been lodged by a “part-time snowbird.” He said he had never previously run afoul of Community Standards.

Bailey partially blamed the landscaper, but acknowledged he bore some of the responsibility.

“We hired a landscaper. We thought they handled it. I know ignorance is no excuse,” Bailey said.

The CDD 6 board unanimously found Bailey in violation and ordered him to bring the property back into compliance or face fines.

“This is one of those unfortunate situations when you trusted a landscaper who did not get proper approval,” said CDD 6 Board Chairman John Calandro.

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