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Council Backs Instant Fines For Some Code Violations

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By ELLEN GEDALIUS, The Tampa Tribune

Published: February 22, 2008

Updated: 02/21/2008 10:23 pm

TAMPA - Some of the worst and most frequent code violators soon could be receiving instant tickets from the city.

The Tampa City Council voted unanimously Thursday to go along with the administration's recommendation to create a new citation program for code violators. Code enforcement officers will be able to issue tickets on the spot to some violators, much like a parking ticket.

The new ticketing procedure will apply to "irreparable" or "irreversible" violations such as cutting down protected trees or pouring oil down the city's stormwater system. Repeat offenders also could be ticketed, with fines ranging from $75 to $500, depending on the severity of the offense.

Under the existing system, a code inspector who sees a violation delivers a notice to the violator and schedules a re-inspection 14 days later. If the offender fails the second inspection, a follow-up inspection is scheduled for 21 days later.

After another failed inspection, the case is scheduled for a hearing; fines generally kick in only after four failed inspections. That system remains in effect for violations considered reversible.

Many neighborhood activists have complained for years the procedure is too slow.

"The system we have now doesn't work," said Gary Ellsworth of the South Seminole Heights Civic Association.

Under the existing system, even someone accused of an irreversible violation is given a warning notice.

Some people at Thursday's hearing, however, said they supported the ordinance in theory but had concerns about details.

Michael Peterson, government affairs counsel for the Greater Tampa Association of Realtors, said he didn't like that repeat violators are defined as people who violated the same provision of the code within five years. That is too harsh, he said, for some landlords who own several properties.

The city changed the window to three years. Councilman John Dingfelder wondered whether even that would be too harsh, but ultimately he and the rest of the council voted to support the ordinance.

A second and final vote is scheduled for March 6. If approved, the ordinance would take effect immediately.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.

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