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Neighbors Raise Stink Over Rules For Toilets

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By JULIA FERRANTE, The Tampa Tribune

Published: November 18, 2007

Updated: 11/18/2007 09:41 am

NEW PORT RICHEY - A group of neighborhood associations in west Pasco is urging county officials to crack down on portable toilets, storage containers and trash receptacles they say are being left at construction sites long after work is done.

The Council of Neighborhood Associations, a group of about 100 homeowner associations, argues the portable items are cluttering neighborhoods and creating an unsightly nuisance.

"Some have been in yards for several months after a job was done," said Jim Turtle of Holiday, who sits on the CONA board of directors. "Others are using POD units as a third or fourth bedroom. They put windows and lights in them."

County commissioners have directed their attorneys to draft an ordinance regulating the portable items. It is unclear, however, how much control they might have. State law requires contractors to provide restroom facilities for their workers, said Assistant County Attorney Kristi Wooden. The county probably could limit the number of days portable toilets are left at construction sites when there is no work happening.

A preliminary search showed just one other Florida jurisdiction had a portable toilet ordinance, Wooden said. The regulations were "a little too vague" to apply to Pasco, which enforces its ordinances with the help of the county court.

Several jurisdictions did regulate temporary storage containers, such as PODS and Dumpsters. Most of the rules apply to setbacks and provisions for moving the containers in the event of a hurricane or tropical storm threat. Some counties limited days or times of the year when containers could be left on residential property.

"One jurisdiction allowed them on commercial property longer if they were buffered or behind a building and hidden," Wooden said.

Commissioner Ted Schrader suggested the county attorney's office consult industry representatives to find out what kind of time limit would be reasonable. He also suggested making exceptions for larger property, where Dumpsters and PODS are less likely to be a nuisance.

Turtle said some construction companies have told CONA portable toilets and trash receptacles are being left at construction sites longer because the demand for the items has decreased with the downturn in the building industry. The members surmise providers do not have enough room to store their inventory.

Ed Garcia, a partner in Port-o-Potty and Price Portables Inc. of Holiday, said there is no truth to that theory. He said there has been a decrease in demand for portable toilets, but not a marked one, and his company has plenty of storage space.

"We haven't seen a huge downturn," Garcia said. "We own two lots - a commercial lot and an industrial lot. We have more than enough storage for our toilets ... Every other portable company I know of has more than enough room."

Garcia's companies charge $65 per month for construction site toilets and $75 for special events, such as weddings and festivals. The company provides once-a-week service, and workers do rounds to pick up toilets at least once a week. He said the longest the toilets are left at a site is about a week, so he would not object to a time limit of a week or two.

"That just makes sense," he said.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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