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Tampa Wants To Fast Track Code Enforcement Process

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By ELLEN GEDALIUS and KATHY STEELE, The Tampa Tribune

Published: January 21, 2008

Updated: 01/20/2008 11:57 pm

TAMPA - For years, city residents and even city officials have been frustrated by the slow code enforcement process, which can take months or years to resolve some cases.

To speed the process along, the city is proposing a way to cite offenders - akin to a parking ticket - and charge immediate fines.

"The system we have is working, but it's not very expedient," said Curtis Lane, the city's code enforcement director.

The new ticketing procedure would apply to "irreparable" or "irreversible" violations. For example, residents who cut down protected oak trees immediately would be assessed a fine. The same would apply to someone who poured oil down the city's stormwater system or sprayed graffiti.

Repeat offenders also could be ticketed.

Penalties would range from $75 to $500, based on the severity and frequency of the offenses.

Under the existing system, the amount of the fine and day it begins is set by the code enforcement board.

"You've already done the deed, there's no way to undo it, so a fine makes more sense," City Attorney David Smith said.

The existing process, designed to make sure residents are given due process, can drag out.

Generally, 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.

Generally, fines kick in only after four failed inspections.

That system will remain in effect for violations considered reversible, such as overgrown yards.

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

Lane said he didn't know how much money the city could expect to receive from the fines.

Citations would be targeted primarily at repeat offenders, Smith said.

But code enforcement officers will have to use their judgment in deciding when to issue a citation and when to follow the existing process of sending a letter giving residents time to correct problems.

Citations would be hand-delivered or posted on the property and recorded with the court.

Those accused of violating codes can either pay the fine or contest the citation in county court.

Pete Johnson, a Temple Terrace resident with a keen interest in Tampa's code enforcement policies, said the citation program would be "fantastic."

"I told Santiago Corrada, city neighborhood services director this is the best thing since butter on bread," Johnson said. "It's going to hold people responsible."

Corrada plans to bring the proposal to council Feb. 7 and hopes the new rules are in place by the end of March.

At a Southeast Seminole Heights Civic Association meeting last week, residents said they generally liked the new concept as a way to get quicker results from repeat offenders.

"My idea is it will give them more teeth," Fred Arnold said.

"These people are getting away with murder."

Added resident Beverly Morrow: "It will help with repeat offenders who generally thumb their noses at us."

Code enforcement issues long have been a priority for Mayor Pam Iorio.

Three years ago, she issued an executive order authorizing foreclosures on nonhomesteaded properties with liens and outstanding fines of 90 days or longer.

In November, the city foreclosed on its first property, 1006 E. Poinsettia Ave.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com. Reporter Kathy Steele can be reached at (813) 835-2103 or ksteele@tampatrib.com.

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