Incompetent Malfeasance

John here.

Code nonEnforcement wrote Alverson for paint, weeds, and "accumulation" (trash) on July 5. They did a follow-up inspection on July 26. Their "Action File Recap" says of the latter visit:

(sorry about the slant; that's part of the price of making a pdf so the document can be emailed).

Note: Weeds are correctly listed as "complied." Alverson had mowed the property. In contrast, the trash mostly was still there.

Then we have the letter Code nonEnforcement sent to Alverson on July 27. It says, in part:

Notice: Weed and Trash violations. No mention of "complied." These fools contradict themselves in their own records.

Then we have the baseless threat: The letter continues: If the violations are not corrected by 08/16/11, this case will result in further legal action. . ."

Then on Aug 12, Larry Canalejo, an Area Supervisor for Code nonEnforcement, visited the site because a TV reporter was there. As of yesterday, August 17, the "Action File Recap" had no entry for that visit. As of today, August 18, the trash pile out back looks about the same.

The pile of trash still is behind the shed, notably the toilet, the tire, and the open containers breeding mosquitos.

There is another open container around the corner to the left, out of the picture.

As to the paint and exterior repair issues, Canalejo says he will try to get SHIP to repair the windows et al. and Paint Your Heart Out Tampa to do the painting. He enjoins Carolyn to be patient, never mind this has been going on for over four years.

Thus we see:

• Code nonEnforcement gave Alverson forty-two days to pick up the trash he could have picked up in one afternoon;
• Forty-four days later, the trash still is there;
• Code nonEnforcement's "Action File Recap" (talk about a misnomer!) contradicts the letter they sent to Alverson; and
• Code nonEnforcement's Area Supervisor visited the site last Friday and didn't report any problem with trash.
• Code nonEnforcement is planning to get community groups to take care of the paint and repairs. That is, unlike Carolyn and her other neighbors, Alverson is not responsible for the condition of his own property (albeit the neighbors have several times offered to paint it for him). Tampa is sustaining the nuisance at 6003.
  

If this mess didn't affect the health and property values of the neighborhood, it would make a fine comedy.

In the meantime, Ms. Harley in the Mayor's office tells us that there is no Acting Deputy Mayor for Neighborhood and Community Empowerment, despite Carolyn's impression from the TV visit Friday and despite the Mayor's promise (pdf). That suggests that nobody is responsible for fixing the incompetent malfeasance in Code nonEnforcement. Stay tuned on that issue.

Tampa Is Sustaining the Nuisance

John here.

As we have pointed out, at length, Tampa has failed to abate the nuisance at 6003 N. Otis. Indeed, Code nonEnforcement refuses to abate the nuisance.

As a further outrage, Tampa and the County are enabling the nuisance: Alverson is delinquent on the 2009 property taxes: $725.11. He is delinquent on the 2010 property taxes: $732.93.

They shut off the water for failure to pay the bill: $504.45.

Then the tenant/visitor/who-knows-what, Jessica, paid to have it reconnected. She now has failed to pay for two months.

These folks manage to pay for cell phones, cigarettes, FIOS, five dogs, and a ferret. Tampa lets its taxpayers pay for the property taxes and water bills. The result is a menace to the health and property values of the neighborhood.

What a deal.

Mendacity and Pusillanimity and Nonfeasance

John here.

As I noted earlier, having a TV camera at the site on Friday brought out Larry Canalejo, an Area Supervisor for Code nonEnforcement. During the conversation, Carolyn obtained some clarification of the "it's not a violation if we can't see it from the street" tale she kept hearing from Code: It seems that what they really mean to say is that they can't go on the property without the owner's permission.

There are at least four problems with this.

First, notwithstanding what Larry said, their Web page draws an "out of sight" distinction, which makes one think maybe they don't cite if the trash is not visible:

What are accumulations and what is open storage?

Things that most people would not normally use to decorate their yards are usually accumulations. Things such as lawn mowers, concrete blocks, lumber, and buckets for example should be stored away in a storage building or garage. At the very least, they may not be visible from the street and should be behind a fence or wall. This includes storage of garbage cans except on pickup day. [19-49]

That "19-49" is a cite to the Tampa Code Sec. 19-49, which provides that "any" accumulation of debris, rubbish, trash, garbage, refuse, garden trash, snipe signs, or junk is a public nuisance. There's nothing in there about "out of sight" or "visible from the road." So their Web page draws a distinction that is not in the law and Larry seems to say the Web page doesn't really mean it. For sure the Web page is wrong; we don't yet know about Larry.

Second, "it's not a violation if you can't see it" is not at all the same thing as "we can't go there w/o permission." So, if Larry is right, the Code people who have been saying the former are either ignorant or mendacious, neither of which is a recommendation for continued employment.

Third, Code marked the "accumulation" notices for 6003 "complied" on July 26 while the tire, toilet, open containers, and fence parts still were lying about:


Either they did that without looking, i.e., they filed a false report, or they did it after looking, i.e., they lied.

Fourth, they all have multiple invitations from Steve at 6001 and Carolyn at 6005 to view 6003. There is a public street in front of 6003 and a sewer right of way in back. Thus, Code can look at 6003 from any side.

Moreover, even in light of Sec. 5-104.6.1, which instructs the inspector to request entry to the premises if they are occupied, Sec. 5-104.6 of the Tampa Code of Ordinances further provides:

5-104.6.2.1. Immunity. The building official shall have the right of entry upon real property and shall be immune from civil or criminal prosecution for trespass upon real property while in the discharge of his duties of enforcing the provisions of this chapter. The same immunity shall inure to his authorized agents, assistants, employees and contractors employed on behalf of the city in connection with such enforcement.

That is, they can go in there if they need to! This is simply the codification of the common law principle that a public officer may enter property to abate a nuisance without being liable for trespass.

So, they can inspect the entire perimeter of 6003. If need be, they can enter w/o Alverson's permission. And of course they always can get a warrant.

Then why, pray, do they hide behind this shifting litany of excuses? We only can hope that they are beginning to be embarrassed by their years long, ongoing failure to do their jobs.

Code is Part of the Problem

Here is Carolyn's account of the TV interview:

Jeff Butera from ABC Action News arrived about 10:30 AM. We talked for a while. Then he put me in the direct sun for 20 minutes or so and we talked about the situation next door. By the time I was finished I was soaked with sweat. Jeff told me that some of the top code officials were going to meet him at 6003 and he thought I should be here.

Code guys showed up a little after 1 PM. One of the gentlemen, I think his name is Tom, is acting deputy mayor currently in charge of code. The other was Larry Canalejo, Area Supervisor for code. "Tom" had printed off several pages from the blog and one had a picture of the raw sewage in the back off 6003. When I showed him the nice clean dirt, he heaved a sigh of relief and told me he was relieved that it had been cleaned up. I asked him how he thought I felt living with that for a year. He commiserated.

Larry was interviewed by Jeff while "Tom" and I stood in the shade. When I asked why "accumulations" was marked as complied in the last code visit, he said he was new and would get with Larry on the way back to the office and get up to speed. Later I asked Larry the same thing and he said these things take time. It is very difficult to deal with someone like James who is so poor. I kept my mouth shut but it was more of the same good ole boys crap.

I also told Larry that Steve and Kate had offered to buy the paint and Brian had offered to use his paint sprayer to paint the house. James refused. Larry thought it was his pride. He also told me he had never heard that neighbors tried to help James. I told him there had been numerous other offers (e.g., Brian offered his high pressure washer so James could get the algae off his house).

Larry planned a campaign to get SHIP in to repair the windows, et al, and Paint Your Heart Out Tampa to paint the house after it was pressure washed and repaired. He told me I'll have to be patient while all this gets worked out. So he is going to clean the place up with no thought to keeping it cleaned up.

Larry also said he'll pay the two years' back taxes on 6003. So, he's going to use money from people who pay their taxes to sustain this nuisance. This is unbelievable. Brian is pricing out a six foot fence with lattice. I will continue to add latice in two foot lots until I cannot see that house any more.

Saturday a man came by with an old lawn mower. James fiddled and finally got it started for about 2 minutes. The it stalled. I lost what little mind is left to me and walked out with my toolshed keys and asked James if he wanted to borrow my mower. Jessica was walking past him and said "if you say yes I will hit you in the face." James of course said no.

James kept tinkering with it and it ran for a while. The Boyfriend mowed for a while and James and Jessica pulled and cut weeds in front yard. For a non-codeable offense, they certainly are moving fast.

Larry is either an idiot or a liar: He told Jeff Butera that grass and paint are not Code issues. Sec. 19-50 of the Tampa Code says that nuisance vegetation exceeding 12" over the majority of the parcel is a public nuisance. (Apparently Code sang a different song to Alverson; he mowed the lawn Saturday). As to paint, Sec. 19-231(15) provides, in relevant part:

The exterior of all structures ... shall be protected from the elements by the application of paint or other approved protective material and shall be maintained in a good state of repair... All structures ... shall be free of deterioration and maintained in a good state of repair and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners...

More to the point here, there is a pile of trash including a tire and two open containers that are breeding mosquitoes


and Larry wanted to talk about grass and paint. And he repeatedly told Carolyn that the birdbath, benches, and swing were personal taste and they could do nothing about them. I guess he is too important to have read the file or this blog before coming out. If he had done either he would have known that Carolyn has not complained about the birdbath et al.

Carolyn has been living next to a public nuisance (including trash and unmowed lawns and, for the past year, raw sewage) for years and Code nonEnforcement now is telling her to be patient.

Code has been unwilling to deal with the nuisance at 6003 for years. Now that TV has entered the picture, they are going to slap on a temporary remedy (at taxpayer expense) and let the underlying problem fester. Code is not part of the solution in Tampa; it is part of the problem.

It Takes TV to get Action from Code nonEnforcement

John here.

Jeff Butera of ABC Action News called Carolyn for an appointment to see the problems at 6003. His did a pretty good job of reporting the situation. He did a superior job of turning out Code nonEnforcement: The acting Deputy Mayor who has Code and the Area Supervisor for Code. We'll have more to say about them later.

For now, we'll note that the Code nonEnforcement guy told Carolyn several times that the birdbath, benches, and swing were personal taste and they could do nothing about them. I guess he is too important to have read the file or this blog before coming out. If he had done either he would have known that Carolyn has not complained about those things.

Butera also caught the notion that the sewage problem was only in July. In fact, of course, July was the third incident in a series that goes back nearly a year.

For now, the question is the one Carolyn posed: Why does it take a TV station to get Code nonEnforcement, which has been trashing about fecklessly for four years now, to (maybe, at last) do its job?

Good News and Astounding News

John here.

My peripatetic sister was out twice today and returned each time with News.

Dog Day

This morning, Alverson was before Judge Nick Nazarettian on three charges from last April when two of his dogs attacked Carolyn and her Mario


in Carolyn's driveway(!). The dogs bit Mario once and Carolyn twice. Of course they had not been vaccinated for rabies.

The Judge imposed a penalty, which looks to be up to $500 per count. In light of Alverson's history (failed to pay property tax; $504.45 unpaid water bill) we can anticipate having an opportunity to see what happens when he doesn't pay this.


Note added on Aug 20: I (at last) figured out how to access the Tampa court records. It seems that Judge Nazarettian talks a better case than he judges: The fine was only $25 (the same as the copay on Carolyn's tetanus shot) plus $110 in costs. Sigh.

Pants on Fire at Code nonEnforcement

On August 1, Carolyn filed a Public Records Act request with Jake Slater at Code nonEnforcement for records of the inspections at 6003 and for

any public records that would excuse the accumulations at 6003 Otis that are not visible from the road from the requirement of Section 19-237 of the Tampa Code of Ordinances.

The same day, Joe Papy of Code replied:

Those records are available for public inspection at our public access walk up kisok at 2105 N Nebraska Ave, between the hours of 8am and 4pm. Copies may be purchased for 15 cents per page.

Today Carolyn visited the kiosk. The extremely helpful Dee was not available but the equally helpful Lisa Middleton provided the inspection reports and told Carolyn that all they have there are inspection records.

Let's be clear about this: Code says trash is OK if it's not visible from the street. Carolyn asked for records saying it's OK to pile up your trash so long as it's not visible from the street. Code said the records are at the Kiosk. There are no such records at the kiosk. The only conclusion is that the Code website and their manifest practice are contrary to law.

That's right: Code nonEnforcement is supposed to enforce the law and, instead, they are telling lies and not enforcing. My sister and the other law-abiding citizens of Tampa get to pay taxes to support this mendacity and nonfeasance.

Orchid and Onions

John here.

It looks like the EPC is able to get results while Code nonEnforcement reamains unwilling to do its job.

Orchid to EPC

Jeff Sklut of the Environmental Protection Commission called Carolyn Monday morning, July 25, and visited 6003 in the early afternoon of the same day (with a posse of the Code and Health and Collection System bureaucrats who had earlier demonstrated their profound fecklessnss). By Wednesday there was lime on the ground atop the raw sewage behind 6003. By Saturday there was new sewer piping in the ground (and a report from the SHIP plumber that he had cleared a blockage in the main pipe).

Despite some tap dancing from Sklut about how he was there only "to support the efforts of Tampa Code Enforcement and the Health Department" it is clear that Sklut got results in less than a week.

I'll say that with 99% confidence, albeit the process was opaque. Carolyn has been dealing with raw sewage on the ground at 6003 for the better part of a year, with no effective action by Health or Code nonEnforcement to deal with what turned out to be a blocked sewer. She has been living with trash accumulations, et al. for over four years:

Indeed, the count down at Code nonEnforcement overlooks the July 25 visit that found raw sewage ("public nuisance") a third time:

So, an orchid to Jeff Sklut and EPCHC.

And Onions

As set out above and passim in this blog, Carolyn and her neighbors at 6001 have been living next door to a Third World assault upon their health and property values for over four years. Code, with "me too" support from Health and Wastewater Collection, has been worse than unable to fix the problem: They are unwilling to fix it. The most recent example of this deliberate nonfeasance came on July 26 when Code inspector Bill Davidson, whose deliberate ineffectiveness raises a serious question whether his bosses would be better fitted for other work, marked the weed and trash ("overgrowth" and "accumulations") notices at 6003 "complied."

The place had enjoyed a mowing the previous Saturday so the weeds mostly were gone,


But the trash abided:



A glance at the Code nonEnforcement How Do I page suggests that trash is not trash if they can't see it from the road:

Things that most people would not normally use to decorate their yards are usually accumulations. Things such as lawn mowers, concrete blocks, lumber, and buckets for example should be stored away in a storage building or garage. At the very least, they may not be visible from the street and should be behind a fence or wall.

At the end of that para, they cite to "[19-49]." Indeed, Section 19-49 of the Tampa Code of Ordinances speaks to the subject:

Sec. 19-49. - Excessive accumulation of debris, rubbish, trash, etc., declared a public nuisance.

The existence of any accumulations of debris, rubbish, trash, garbage, refuse, garden trash, snipe signs and junk, as defined in this chapter, upon any lot, tract or parcel of land, improved or unimproved, within the incorporated boundaries of the city, to the extent and in the manner that such lot, tract or parcel with nuisance vegetation which exceeds a height of twelve (12) inches over the majority of the parcel or may threaten or endanger the public health, safety or welfare or may reasonably cause disease or adversely affect and impair the economic welfare of adjacent property is hereby prohibited and declared to be a public nuisance (emphasis supplied).

It seems that Code nonEnforcement has elected to read the bolded language out of the ordinance and replace it with: "And if we can't see it, it's not a problem."

This is, of course, shameful and unlawful. And it indicates that the lawlessness at Code nonEnforcement goes beyond Davidson and infects his bosses. We'll have more to say about this shortly.

In the meantime, a truckload of onions to Tampa Code nonEnforcement.