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Future Of Gary School Building On Shaky Ground

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By KATHY STEELE

The Tampa Tribune

Published: August 28, 2008

TAMPA - Despite a demolition order and looming fines for its owner, the fate of the former Gary Adult High School appears to be as shaky as the remnants of the 95-year-old brick building itself.

The city's code enforcement board Wednesday told owner John Simon to tear down the old school within a month, rejecting arguments that it does not have the authority to do so.

The city, which wanted the board to order Simon to shore up the crumbling walls and clean up debris, could appeal the board's decision in circuit court.

"We need to keep the building from falling down further," Assistant City Attorney Ernie Mueller said.

Board members, however, said the building is so unsafe it's "scary."

"This is really dangerous," member Stanley Gray said.

The vacant high school, a symbol of the once-rural Gary community near Ybor City, collapsed on July 22. Much of the roof and west wall caved in.

Simon, who owns JVS Contracting, paid the school district about $331,000 for the property in 2007. He wants to build a sports complex on the site, 3610 E. 10th Ave., and before the collapse had planned a design around a portion of the school's façade.

Simon was cited in May for code violations and ordered to make repairs.

A city report released this month said the building can be stabilized to allow for more review.

But Simon said an engineering report shows the school can't be saved.

"We think it's an absolutely unsafe condition and repairs can't be made," said his attorney, Jonathan Sbar.

Even if repairs were possible, he said, they could top $1 million, an economic hardship that would entitle Simon to tear down the school.

Sbar said he would review the board's decision and testimony from the three-hour hearing. Simon faces $250 daily fines if he doesn't comply with the demolition order. "They're putting the onus on the city to stop us," Sbar said.

City Attorney Chip Fletcher said he also is awaiting the board's written order.

"It's a little unclear what the board attempted to do," he said. "The code enforcement board does not have the authority to eliminate the need for an historic structure to go before the city's Architectural Review Commission as part of the demolition approval."

Without an emergency hearing, the commission could not review the case before November. That was too long a wait with too many bureaucratic hoops for the code board.

"I think the city is taking a dangerous stance," board chairman Sean Donnelly said.

Board members said that the city seemed to want it both ways - the school is a danger to the public and needs immediate corrective measures, but wait for the commission to make a decision.

City preservation manager Dennis Fernandez said an expedited commission hearing is possible, but Simon must take the first step of applying for a demolition permit.

"These are very important decisions that affect the whole community," Fernandez said.

Reporter Kathy Steele can be reached at (813) 259-7652 or ksteele@tampatrib.com.

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