6003 Otis ave

Amen

2012-01-08T10:40:00.000-05:00

I just saw this comment on the SeminoleHeightsBlog:

My first position after law school was as an assistant state’s attorney where my entire training revolved around criminal law enforcement. When I left the State’s Attorney’s office, I began prosecuting municipal ordinances which included building codes. At first I just saw them as minor cases to process but after awhile I began to see the connection between enforcing building codes and keeping crime rates low, especially in apartment complexes. Fixing lights in a parking lot reduced drug dealing on a premises better than a team of police officers. Forcing landlords to spend money on repairs made them more motivated to crack down on tenants who were trashing a building. Over the years I’ve noticed a strong correlation between vigorous code enforcement and a reduction in police calls. Just getting junk vehicles towed from a parking lot makes the tenants happier with their surroundings. Unfortunately, sometimes those in leadership in law enforcement fail to see the connection and are reluctant to spend resources assisting building code departments. This is shortsighted. The code enforcement department can be a great resource for the police department and vice versa. Police personnel get into residences all of the time on police calls and can be the eyes of the code department. Code enforcement inspectors who are properly trained may see things inside a building that may be beneficial for the police department. The local jurisdictions that recognize this relationship are the ones most successful in reducing crime in a neighborhood. Now there is even scientific evidence for the “broken windows” theory, conducted by a university in the Netherlands. http://www.msnbc.msn.com/id/27825380/from/ET/#story Continued Blighted conditions have an effect on the behavior of the people in those communities. Code enforcement is an integral component of any effort to control and contain crime.

Somebody should tell Jake Slater.

Mirabile Dictu

2012-01-08T10:15:00.001-05:00

Carolyn here.

In September I was getting ready to leave for work about 8 AM on a Saturday when I noticed several cars parking in front of 6003. About eight youngish men got out, about half wearing similar T shirts. There was a middle aged man who seemed to be in charge, so I walked up to him and asked what was going on. He told me they all belonged to a volunteer group and that they were going to haul all the multitudinous piles of trash out of the yard at 6003 and mow the lawn. I told him I would be home by 1:30 PM and was looking forward to seeing the progress. He laughed and said they would be done by noon.

When I came home there was a ten foot long pile of trash by the street and the lawn had been mowed. I expected to be looking at that pile for months but was delighted when the city truck came by and picked the entire thing up!

A few days later I managed to get James by himself. I told him he either used my pressure washer to clean the green and black scum off his house and shed or I would do it without his permission. I figured trespass to pressure wash would not land me in jail. He said he would. I next told him that I wanted him to pick two colors for his house and a neighbor would come over on Sunday and paint his house. I told him I was buying the paint and that I did not want his house (his excuse when we had tried to buy him paint before). He agreed! I had paint samples which I promptly took over to him. He picked gray for the house with white trim. True to his word, he cleaned the house the next day. I bought the paint for about $300.00 and our neighbor Brian painted the house the next Sunday. Steve and Kate, my neighbors on the corner, insisted in paying for half the paint. I gave that to Brian who had given up his one day with his kids to remove that eyesore for me.

Before and after:

The next week James began to trim out the house and shed. He still had the filthy, once-white, interior door with the large hole in it facing the street. I told him to get in his truck and we went out to Habitat and I bought him a metal exterior door. He hung it when we got back. He wanted to paint the door white and I told him not to use something like a burgundy. Was willing to go buy paint but he found some in his tool shed.

I have been over in his yard several times to spray weeds and pick up beer bottles and cigarette packs. He has mowed the front and the back twice. The south section is past my knees but I am ignoring it.

He has not finished painting the trim on the north or east windows and has made no repairs. The fence continues to lean and yaw. He props it up with miscellaneous pieces of wood and rock.

There are only three dogs now-one of them a pit-bull. They are keeping him contained.

I don't know what produced this change of heart but I will enjoy it while it lasts. For sure, no thanks to Code NonEnforcement.

Respite

2011-09-25T11:37:00.001-04:00

John here.

Saturday a group of volunteers(?) showed up and accomplished in a couple of hours what Jake Slater has been (certainly) unwilling and (probably) unable to require in five years:

The toilet and tire are moved to the curb, as are the various piles of trash. They also mowed the lawn. If one overlooks the spreading green mold and the flaking paint, 6003 looks almost decent.

Time will tell whether this has abated the trash problem or merely moved it out to the street.

Perhaps to remind us what we're dealing with here, Jessica noticed Kate at 6001 painting some furniture in her carport and unleashed a string of F-words at her. We can report that Jessica is positively inept, compared to her predecessor Judy, whose F-word farragos were audible for blocks. The range of Jessica's aural assault is measured in mere yards and her compositional range does not extend past the word itself. Doubtless we'll see whether she can improve with practice.

Aside from the (lack of) paint and the surplus of auditory stimuli, the remaining concerns at 6003 look to center upon the six dogs (in violation of the zoning (see definition of "kennel")), two of whom appear to be pit bulls. Stay tuned. . .

Further Petition to Governor Scott

2011-09-24T08:45:00.001-04:00

Your Excellency:

In my Petition of September 11, 2011, I asked you to suspend from office the Tampa Director of Code Enforcement, Jake Slater. I showed that his failure to perform his duties surely amounts to neglect of duty and I further mentioned that informal information from his subordinates implies that his failure to act is deliberate and, thus, misfeasance and malfeasance.

I now have an email from Mr. Slater admitting that, despite a five-year history of Code violations at 6003 N. Otis that include some seventeen instances of accumulations of trash and garbage, he is refusing to enforce the requirements as to accumulations, albeit the owner of the property now has created new piles of trash and has the ability to remove that trash. In short, Mr. Slater has admitted that he is deliberately not performing his duties. That is, he admits to misfeasance and malfeasance.

I renew my request that you suspend Mr. Slater.

Carolyn A. Butcher
6005 N. Otis Ave.
Tampa, Florida

The Smoking Email

2011-09-22T15:06:00.000-04:00

John here.

Carolyn obtained some help regarding the sewage on the ground at 6003 from Bernadine King in Commissioner Miller's office. In the face of the ongoing refusal of the Code nonEnforcement to do its job, she turned again to Ms. King. The ever helpful Ms. King provoked Jake Slater of Code to admit what long has been obvious: He's refusing to do his job.

From: Jake Slater [mailto:Jake.Slater@ci.tampa.fl.us]
Sent: Tuesday, September 13, 2011 12:57 PM
To: King, Bernadine
Subject: Follow Up on Code Enforcement Issue

Good Morning Ms. King:

Chief of Staff, Santiago Corrada, wanted me to follow up with you on the e-mail sent to the attention of Commissioner Miller, concerning the Code Enforcement issue at 6003 N Otis Ave.

The City of Tampa Department of Code Enforcement and other Departments in the City have been working with the property owner to come into compliance with various property maintenance issues. Code Enforcement in the City handles over 28,000 cases per calender year and works diligently with property owners to allow adequate time to correct the situation before proceeding with punitive enforcement action.

This particular situation on N Otis Ave presents the situation of the home owner not have the resources or physical abilities to move quickly in correcting the problems.

Code Enforcement arranged to have the plumbing problems fixed and have coordinated with a volunteer organization to work on repairing and cleaning this property on September 24th. Hopefully this event will be successful in complying those pending violations and providing a valuable service in improving the overall conditions of this neighborhood.

I'll be more than happy to answer any questions that Commissioner Miller may have on the history of Code Enforcement involvement at this property.

Regards:

Jake Slater
Director Code Enforcement
Business Tax/Community Affairs
102 E. 7th Ave,Tampa 33602
Office #- (813)-274-8380
Cell #- (813)-690-4039

So, at last we have the admission: Despite a history of violations that runs back over five years, Code nonEnforcement is unwilling to compel the owner, James Alverson, to obey the laws they enforce against the citizens who actually pay their taxes. This raises several interesting questions:

Alverson has the "resources and physical abilities" to create piles of trash (that include a toilet, a tire, and open containers to breed mosquitoes); why then is he not to be required to get rid of that same trash?

(click to expand)

Why is Code so feckless that Alverson continues to pile up trash, despite being first warned for the violation on March 30, 2009 and written up for the same violation sixteen times since then?
Code nonEnforcement first cited the paint on Alverson's eyesore on March 22, 2006. Alverson several times refused offers from the neighbors to help paint the structure. Why must the neighbors still look at this, over five years later:

Does Slater's ongoing refusal to do his job as to Alverson, while continuing to enforce the Building Code against other citizens, deprive my Sister Carolyn of her right to equal protection of the laws?
How does a lack of "resources or physical abilities to move quickly" excuse a history of violations that extends over five years?
Why does Tampa take tax money from my Sister and other law-abiding citizens and use it to pay the salary of Jake Slater who is refusing to do his job?

Petition to Gov. Scott

2011-09-11T14:42:00.000-04:00

TO: TheHonorable Rick Scott

Governorof Florida

TheCapitol

400 S. Monroe St.

Tallahassee,Florida 32399-0001

FROM: CarolynA. Butcher

6005North Otis

Tampa,Florida

Your Excellency:

I write to request that you suspend Jake Slater, Director ofthe Code Enforcement and Business Tax Department of the City of Tampa formalfeasance, misfeasance, and neglect of duty.

Code Enforcement firstwrote up the owner of 6003 N. Otis in Tampa, James Alverson, for "Accumulations" (of trash) on March 30, 2009. Morerecently they wrote him (the fifteenth time) for the same violation on July 5. On July 26, they marked the "Accumulations" "complied;" thesame day they sent him a 2d Notice (sixteenth writing) for the"Accumulations." On August 15th they sent yet another 2d Notice(seventeenth writing).

Today, we still havethose "Accumulations."

(The toilet andtire are particularly attractive. As are the open containers that arebreeding mosquitoes.)

Then we have some new accumulations.

Code first wroteAlverson for "Soundness" (in this case, paint and minor structuralrepairs) on September 22, 2009. More recently they wrote him (for theseventh time) on July 5 and sent 2d Notices on July 26 (number eight) andAugust 15 (nine). In contrast to some of the earlier accumulations,Alverson has corrected none of the “Soundness” violations. As of September 9, the "Action FileRecap" at the City's kiosk showed that they extended the deadline to"have time to get this homeowner into the diversionaryprogram." There is no notation as to why they did not do this twoyears ago. For sure, the place remains an eyesore.

I would point out inpassing that Code wrote Alverson this year for raw sewage on the ground on Feb16 and April 18. They did not bother to write the July sewage incidentthat brought out the Environmental Protection Commission, which got the sewagecleaned up and the plumbing fixed in less than a week. That effective behavior poses a nicecontrast to Code Enforcement, which has spent over two years preserving thenuisance at 6003.

Here is the pivottable by violation from my summary of the Action File Recap that goes back toMarch 22, 2006:

The entire summary is attachedas Exhibit A.

Mr. Slater’s ongoingfailure to do his job leaves the neighbors subject to this persistent assaultupon their health and property values. That failure certainly amounts to neglect of duty. In light of comments from Mr. Slater’sunderlings, I infer that the failure to remedy this nuisance is deliberate, andthus amounts to misfeasance and malfeasance.

Governor, pleasesuspend Mr. Slater from office and let us see whether his replacement canactually do the job Mr. Slater now is not doing.

Exhibit A

Completed	Violation	Action	Complied	Comments
3/22/2006	Accessory Building		4/13/2006
3/22/2006	Accessory Building		4/13/2006
3/22/2006	Structure		4/13/2006	Rusted roof; paint & mildew
3/30/2009	Accumulations		4/13/2009	junk, trash, debris
5/13/2009	Pool		5/14/2009	Unfenced
5/13/2009	Pool		5/14/2009	<5' from fence
6/19/2009	Accumulations	notice + civil citation warning letter	7/1/2009	apliances (sic), wood, junk, trash, debris
7/8/2009	Accumulations	Notice	7/16/2009	Junk,trash, debris (furniture)
7/8/2009	Overgrowth	Notice	7/16/2009
9/22/2009	Accessory Building	Initial Notice		Only one accessory structure allowed
9/22/2009	Accumulations	Civil Warning by Cert. Mail		fencing material, toilet, junk, trash, debris
9/22/2009	Sound w minor repairs	Initial Notice		Permit required
9/22/2009	Zoning	Initial Notice
10/6/2009	Accessory Building	Second Notice
10/6/2009	Sound w minor repairs	Second Notice
10/6/2009	Zoning	Second Notice
10/14/2009	Accumulations	Civil Citation	11/3/2009
11/2/2009	Accessory Building	Going to Hearing
11/2/2009	Sound w minor repairs	Going to Hearing
11/2/2009	Zoning	Going to Hearing
11/3/2009	Accessory Building	Field Visit
11/3/2009	Sound w minor repairs	Field Visit
11/3/2009	Zoning	Field Visit
11/6/2009	Accessory Building	Field Visit		Attempted hand delivery; not home
11/6/2009	Sound w minor repairs	Field Visit		Attempted hand delivery; not home
11/6/2009	Zoning	Field Visit		Attempted hand delivery; not home
11/19/2009	Accessory Building	Hand Delivery
11/19/2009	Sound w minor repairs	Hand Delivery	3/5/2010
11/19/2009	Zoning	Hand Delivery
12/28/2009	Accumulations		1/7/2010	Reclining chair in R/W
3/5/2010	Accessory Building	Field Visit		On Paint Your Heart Out list
3/5/2010	Zoning	Field Visit		Still needs to remove one building
3/22/2010	Accumulations	Initial Notice		two chairs behind shed
3/30/2010	Accessory Building	Field Visit
3/30/2010	Zoning	Field Visit
4/5/2010	Accumulations	Second Notice
4/26/2010	Accumulations	Going to Hearing	7/12/2010
5/10/2010	Accessory Building	Second Notice
5/10/2010	Zoning	Second Notice
5/12/2010	Accessory Building	Second Notice
5/12/2010	Zoning	Second Notice
8/26/2010	Accessory Building	Posted/Property
8/26/2010	Zoning	Posted/Property
9/7/2010	Accessory Building	Going to Hearing	9/22/2010
9/7/2010	Zoning	Going to Hearing	9/22/2010
11/16/2010	Accumulations	Civil Warning by Cert. Mail	11/18/2010	Several full trash bags in front yard
12/10/2010	Accumulations	Civil Warning by Cert. Mail	1/3/2011	Debris on R/W and behind shed
1/20/2011	Accumulations	Civil Warning by Cert. Mail	1/24/2011	Washer in front yard and speakers in R/W
2/16/2011	Public Nuisance	Initial Notice	2/22/2011	Sewage
3/8/2011	Accumulations	Civil Warning by Cert. Mail	3/23/2011	Toilet & Misc. junk in yard
4/18/2011	Accumulations	Civil Warning by Cert. Mail	5/16/2011
4/18/2011	Overgrowth	Civil Warning by Cert. Mail	5/16/2011
4/18/2011	Public Nuisance	Civil Warning by Cert. Mail	5/16/2011	Raw sewage on ground
4/18/2011	Structure	Initial Notice		damaged & rotten wood
4/18/2011	Structure	Initial Notice		paint; hole in door
5/2/2011	Structure	Second Notice
5/2/2011	Structure	Second Notice
5/23/2011	Structure	Field Visit	6/28/2011
5/23/2011	Structure	Field Visit	6/28/2011
7/5/2011	Accumulations	Civil Warning by Cert. Mail	7/26/2011
7/5/2011	Overgrowth	Civil Warning by Cert. Mail	7/26/2011
7/5/2011	Sound w minor repairs	Civil Warning by Cert. Mail		Paint
7/26/2011	Accumulations	Second Notice
7/26/2011	Sound w minor repairs	Second Notice
8/15/2011	Accumulations	Second Notice
8/15/2011	Sound w minor repairs	Second Notice

Code "Enforcement" = Nuisance Preservation

2011-09-10T16:09:00.000-04:00

John here.

Code nonEnforcement first wrote Alverson for "Accumulations" (of trash) on March 30, 2009, 894 days ago. More recently they wrote him (the fifteenth time) on July 5, 67 days ago. On July 26, they marked the "Accumulations" "complied;" the same day they sent him a 2d Notice (sixteenth writing) for the "Accumulations." (Your tax dollars at "work.") On August 15th they sent yet another 2d Notice (no. seventeen).

Today, we still have those "Accumulations."

(The toilet and tire are particularly attractive. As are the open containers that are breeding mosquitos.)

Then we have some new ones.

Code first wrote Alverson for "Soundness" (in this case, paint and minor structural repairs) on September 22, 2009, 718 days ago. More recently they wrote him (for the seventh time) on July 5 and sent 2d Notices on July 26 (number eight) and August 15 (nine). As of yesterday, the "Action File Recap" at the City's kiosk showed that they extended the deadline to "have time to get this homeowner into the diversionary program." There is no notation as to why they did not do this two years ago. For sure, the place remains an eyesore.

We recall in passing that Code wrote Alverson this year for raw sewage on the ground on Feb 16 and April 18. They did not bother to write the July sewage incident that brought out the Environmental Protection Commission, which got the sewage cleaned up and the plumbing fixed in less than a week. That effective behavior poses a nice contrast to Code nonEnforcement which has spent over two years preserving the nuisance at 6003.

Here is the pivot table by violation from my summary of the Action File Recap that goes back to March 22, 2006:

And the feckless fools at Code nonEnforcement have the nerve to tell Carolyn she will have to be "patient."

So Steve and Katie at 6001 and Carolyn at 6005 and their neighbors, who pay their taxes, must be "patient" and suffer this assault upon their health and property values while the City protects Alverson, who pays neither taxes nor water bills. Meanwhile, the City thumps its chest about "Green Tampa (pdf)."

Incompetent Malfeasance

2011-08-18T10:15:00.001-04:00

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

2011-08-15T21:38:00.006-04:00

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

2011-08-14T20:23:00.010-04:00

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

2011-08-14T11:54:00.006-04:00

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

2011-08-13T13:32:00.004-04:00

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

2011-08-10T17:22:00.009-04:00

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

2011-08-08T10:20:00.012-04:00

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.

Public Service and Public DisService

2011-07-30T08:33:00.008-04:00

John here.

We have good news and awful news. In the former category, the folks from SHIP have put in new plumbing at 6003 that looks to be professionally done. And they left the work open so it can be inspected (now there's a first!).

As to the bad news, Bill Davidson from Code nonEnforcement has filed a report that is baldly false: Despite this

and this

he reports that the "accumulation" situation at 6003 is "complied."

Here is the blow-by-blow from Carolyn:

July 27, 2011. 9:07 AM

Went out and took pictures of shit dump. Shreds of TP and a couple of cigarette butts but no sight of lime. I wonder how many thousands of pathogens are lingering next door. I know some of these have washed over onto my land (it rained this morning which added yet another batch more). I used diluted bleach on my side of the fence.

Sent a public records request for all rabies vaccinations under names of: 6003 N. Otis Ave. Tampa, FL 33604 or James Alverson or Jessica Martindell. At 9:43 Dennis McCullough, manger of Field Operations for Animal Services, called to tell me that he had received my request for public records. He told me that the only vaccination records at 6003 Otis were for the two dogs who attacked and bit me and my little dog in my driveway. I told him there are now five dogs there and that I was concerned about being bitten again by an unvaccinated dog. Also told him there was a rabbit and a ferret. He responded that the ferret must be vaccinated also. He inquired as to whether there were any other issues with 6003. Told him about the year long quest with the city to stop and remedy the raw sewage. He wanted to know were there any other issues with third world country next door that reflected the lack of effective action on the part of the city. Noted the 31 initial visits and 62 citations from Code and how some were marked complied when they were not (e.g., painting the house). He plans to call Code this morning to see what is going on. I referred him to the blog which, if the clicking of keys I heard is what I think it is, he was in the process of accessing.

Dennis told me that Tom Green, the Communication Supervisor for Animal Services, would be calling me this morning and requested that I provide this same information to Mr. Green. Dennis will mail the vaccination records today.

A bright light in an ocean lackadaisical, ineffectual city personnel. Interestingly, during our conversation as I was thanking him for his help he brought up the concept of public servant. He told me I did not have to thank him he was only serving a member of the public.

During my lunch break Jeff Sklut called me on my cell phone . He told me that Code had told him that the lime was down and that there was a group SHIP that would fix James' plumbing problems for free. He asked me to let him know if there was no lime.

When I arrived home from work, there was a message from Tom Green, Communication Supervisor, asking me to call him with regard to problems with animals at 6003. Will return his call tomorrow morning. He had called at 3:47 pm.

About 6:30 PM I went out and took several pictures of the shit dump. There appeared to be a white powder sprinkled over the area. More bleach spray on my side. An interesting approach to weed control.

July 28, 2011

Went to permitting office with completed form for the demolition of my tool shed. A truly helpful and friendly woman, Billie, slipped me in between appoints. As she was researching my home she discovered that it was built in 1925 which meant a permit must pass through historic. Billie called Libby to see if they needed pictures or since the shed is only about thirty (30) years old I just be given a permit. Libby said she would check and call me. As I pulled into my driveway she called me to say that I did not have to go through historic and could return to permits. Thanked her and basked in the warm glow of knowing all my tax dollars did not go to officials who were feckless. Some of it went to these two women (did I mention that Billie answered three unrelated phone calls and a query from a colleague while she was assisting me? Talk about multitasking!) and to Animal Control.

My son came over around 8 PM. We visited for about 30 minutes. As I was walking him across my porch to his car, Jessica [Martindell], who was in the front yard talking on her cell phone, began the same routine as the other night (regarding the "fucking bitch" next door). I was focused on the plans my son and I were making so just heard her ranting a background noise. As my son got in his car I did catch part of a threat to the effect that "...I will make your life a living hell."

My goodness. Here I thought she had been doing that for almost a year.

July 29, 2011

Brian, a prince among men, showed up at 8:35 AM to clean my house. About 8:45 AM a van and a truck pulled up in front of 6003. Emblazoned on their sides was The Women's Center and Senior Home Improvement Program (SHIP). I also saw a Code vehicle parked in the street on the south east corner of the intersection of Otis and Idlewild.. I was rushing to get ready to leave, so I asked Brian to go out back and see what was going on. When he returned he told me they were digging around the back sewer pipes. I sent him out with my camera and asked him to take many pictures. He came back with two and some imprecations following him. One of the gentlemen from SHIP with was unhappy about the pictures. Brian told him to be calm that he had not included any humans in his photos. Brian went out several more time (in between dusting and scrubbing). About 9:30 AM I walked back behind my tool shed to see what was happening. The gentleman working back there had covered his work with a large outdoor garbage bag. Okayyyyyy. If he is a legitimate plumber why is he hiding his work?

Brian went back out about ten minutes later. When he came back he reported that several people were trying to block the site so he took my ladder out of aforesaid tool shed moved it by my clothes line, climbed up on it and took some more pictures. He said James was yelling at him and Jessica was calling him a fucking bitch which is also what she calls me. The slattern before Jessica also called me a FB. James does not hang out with intellectuals.

James had told Brian to stop trespassing and taking pictures or he would call the police. Brian said do so if you want, but it is not illegal to take pictures of sewage or pipes from my employer's land. A few minutes later a police car parked in front of James' house and an officer walked into the yard to talk to Jessica and James. As Brian and I watched from my window Brian pointed out that Jessica's baby's daddy had disappeared. He had been in the yard since all the brouhaha started but quickly disappeared when the officer arrived.. Thinking back he has never been outside when an official was present even if it was Code or Wastewater and not the police. Hmmm.

About 10 AM, I left with my kids in their car to take them to the airport. The policeman was still talking with James and Jessica. He made no move to engage me in conversation when I left. I did not return until about 3:30 PM when I called Brian to see what happened while I was gone. A few minutes later as I walked my puppy, the plumbers were stowing tools preparatory to leaving. I overheard one man tell James not to walk on the pipes until after the inspection. They are really going to inspect something in James' yard! Unprecedented. Later I took some photos of the new plumbing.

While running errands this afternoon I stopped by Code and the inestimable Dee Schultz again proved her competence and affability as she gave me the latest print out for the violations at 6003. There was a note that the inspection for Sound with minor repairs had been postponed until August 16, 2011, to allow time to get the painting to get done. Makes sense. This was dated 07/26/11 for a second notice and was marked FAILED. The other two citations from this action file, Accumulations and Overgrowth, were marked Complied on this same date. I was speechless when I read this.

Hello. Look at the pictures on the blog since last weekend. Big pile in back yard and toilet, tire etc. are still behind the tool shed. Is it a prerequisite for code inspector school that an applicant must be visually impaired? or indifferent? or (say it softly) misconstruing the truth purposefully?

July 30.

When I walked the petite puppy after work (~6:30 PM) Jessica was sitting in the front yard talking on her cell phone (notice these folks can't pay their water bill but they have cell phones). As I walked on the now unobstructed sidewalk she raised her voice and began talking about the bitch next door etc., etc. I covered Mario's ears and walked on.

That was Then; This is Now

2011-07-29T07:59:00.009-04:00

John here.

Paean to the Past

A few years ago (back when flying still was almost fun) I flew down to Tampa for a visit. I recall a visit from Alverson to give Carolyn a very nice wine rack he had built from scratch. Carolyn tells me there were at least two occasions in that time period when Alverson helped her out with minor plumbing repairs. In those days, the property at 6003 hardly fit into the picture of Seminole Heights and bungalows but it was clean and neat, and Alverson was a good neighbor.

Plaint for the Present

Then his wife left and the place deteriorated. As of July 5, we were approaching the third citation for raw sewage on the ground and that was just the tip of the iceberg:

On July 5, aside from the further sewage incident, Code nonEnforcement wrote Alverson for trash ("accumulations"), weeds ("overgrowth"), and paint ("sound[ness] with minor repairs"); they gave Alverson 21 days to correct these problems.

Today is day 24. Alverson picked up some of the trash but we still have the collection behind the shed

and a new collection out back

As to the weeds, they mowed Saturday but left enough weeds to demonstrate the capacity of this property to grow more.

And nothing has happened to the structure.

We'll see how Code nonEnforcement deals with this further opportunity to actually do their job.

In the meantime, a request for records discloses that three of the five dogs and the ferret at 6003 have not been vaccinated for rabies. That poses issues for Carolyn (who was bitten by the first two dogs, who now at least are vaccinated), Animal Control, and Code (the zoning does not permit a kennel).

For sure, Alverson has demonstrated that he is capable of being a good neighbor, so the only reason Carolyn (and Steve over at 6001) continue to live next door to a Third World Country is that Tampa and the County are refusing to enforce the law. Stay tuned.

Note added later Friday morning: Two trucks showed up at 6003 this morning. One says "SHIP -Senior Home Improvement Program" on the side. Hallelujah!

Lime of My Life

2011-07-27T19:44:00.006-04:00

John here.

It took two days but somebody finally put down some lime and the stench of the sewage on the ground at 6003 N. Otis is gone.

I say "somebody" because Alverson, the owner, was at work today when Jeff Sklut of the Environmental Protection Commission called Carolyn to say that the lime was down. Sklut didn't say that Alverson had put down the lime but only that it was down. Even if Alverson limed the sewage, we have to wonder why it took two days to get a $3.98 bag of lime and sprinkle some on the wet spot.

To the good, as I said, the smell is gone. Sklut also reported that SHIP (apparently the Senior Home Improvement Program) is willing to fix the plumbing for free. In light of Alverson's limited plumbing skills (as evidenced by the multiple sewage incidents) and the duration of this problem (Code nonEnforcement first wrote Alverson for sewage on the ground on Feb. 16) this is particularly Good News.

Now we'll see what Code nonEnforcement does (or, more likely, does not do) about the trash and the paint.

So Much for the "Very First Affirmative Act in over Two Years"

2011-07-27T08:00:00.000-04:00

John here.

Below (in inverted order and with the headers removed) is my email exchange yesterday with Jeff Sklut of the Hillsborough Environmental Protection Commission:

Butcher to Sklut:

Jeff,

Can you share with me a copy of the order you issued to Alverson?

John

------

Sklut to Butcher:

Mr. Butcher,

As Ms. Butcher was advised, the EPC will remain involved in this case in order to support the efforts of Tampa Code Enforcement and the Health Department. However, a little clarification regarding your reference to Section 15 of the Hillsborough County Environmental Protection Act is offered. The Emergency Order is a formal legal document that passes through several levels of review prior to being issued. We will normally go through 2 or 3 additional steps between initial receipt of a complaint and any formal enforcement proceeding.

Again, we will remain involved in this case but felt this clarification was needed.

------

Butcher to Sklut:

Mr. Sklut,

Thanks for the reply. Do I take it then that my sister misunderstood when she thought you said you had issued an order for Alverson to shut off the water in the downstairs bath?

John

------

Sklut to Butcher:

Sir:

May have been a slight misunderstanding. We can’t verbally issue an order without backing it up Administratively. Mr. Alverson was instructed to undertake the corrective actions as discussed previously.

------

Sklut to Butcher:

As another follow up, Mr. Alverson was instructed to secure the water to the ½ bath. He indicated he would discontinue using that bathroom. As I mentioned to your sister, if the blockage is down the line, then a discharge could occur from the other bathroom. Your sister indicated she would keep an eye out for any additional discharges and advise accordingly.

In short, Carolyn was mistaken as to an "order." Indeed, there is not even a writing. Just "instructions." Let's hope this is not a sign that EPC has the same need for a backbone transplant as Code, Health, and Wastewater Collection.

For sure, as of yesterday (Tuesday) afternoon, photos show TP and cigarette butts, but no lime.

(click to enlarge)

Carolyn reports that it still smelled (of course).

Failing the Smell Test

2011-07-25T17:16:00.008-04:00

John here.

This morning (Monday, July 25) Byron Bartlett of the Hillsborough Environmental Protection Commission called. A while later Jeff Sklut of the Commission called to say that Byron had assigned the case to him.

I gave him Carolyn's number. Then I Skyped Carolyn to pass along the News. Jeff called her just as I was warming up. She set an appointment to meet him at 1:00 PM.

At 1:00, Jeff showed up at Carolyn's door with an entourage that included the feckless Mr. James and, Carolyn thinks, the head of Code nonEnforcement, among others. Jeff clearly would have preferred to just speak to Carolyn and Alverson and try to figure out what was going on. I think he had the phalanx of bureaucrats thrust on him because of the effective phone calls from Bernadine King, Aide to Les Miller. (If so, THANK YOU MS. KING!!)

In any event, they all marched over to Alverson's property. Here is Carolyn's account of the event:

1:00 PM Jeff parked across the street. As he walked over to me, a Code vehicle pulled up with Code people and Frank James, the supervisor from wasted water. We wound up with Jeff and four bureaucrats. Jeff was clearly disconcerted and gave me a very rushed and only slightly coherent explanation of all this activity. Evidently he had planned to talk to me alone and then to James. Someone called him and told him they would meet him here at noon to which he replied that I would not be home until 1 PM and that was when he was coming. Apparently, everyone decided to come at one also. Everyone at this meeting was of supervisory rank according to Jeff. I asked him if it would facilitate this process if I went inside the house. With what I took to be relief, he replied yes.

I went in and the five gentlemen went into James' [Alverson's] yard. They talked for a few minutes and then adjourned to the back of the building. One of the gentlemen came striding up my driveway heading back; he did not seem timid about trespass. I heard someone knocking on my door and when I opened it, Kate Cain who lives on the other side of 6003 Otis, was there. I was concerned that I would have several angry city employees on my porch attempting to be exquisitely polite while excoriating me, as happened on July 5. I was grateful for the backup.

About ten minutes later Jeff knocked on my door. After introducing him to Kate, I inquired as to the outcome of all supervisory frothings and foamings. Jeff responded that he had ascertained at least part of the problem. What I took to be a metal pipe cut flush with the ground, was actually an old clean out port. He determined that the problem was with the downstairs half bath and ordered James to seal it so that no water was being used, especially the toilet. He also gave James instructions to disinfect the area with lime or diluted bleach (it still stank, despite James' efforts with shovel and hose). I assume that when health department workers take microbiology they, in contrast to Jeff, skip the part about fecal pathogens and how to palliate them. All the times they were out here before I never heard any requirement, or suggestion, for sterilizing the site of the shit dump. Code I can understand. They probably never took microbiology and don't realize that these lovely little devils such as bacteria, viruses, fungi and parasites can cause serious illness and even death (e.g., tetanus from Clostridium tetani, Hepatitis A (a virus), Giardia (often through dogs which have it (did I mention five dogs and a rabbit and a two month old baby next door?) and Cryptosporidium, and gram negative bacteria such as E. coli).

Jeff also told us that Code Enforcement has discretionary funds which could be used to hire a plumber to fix the defects around the house. He cautioned us, however, that Frank James (yes that Frank James who told me that he was assuming that James was hooked up with the city sewer and he was not going to investigate my complaint any further) thought there might be an obstruction in the line somewhere between the house and the city pipe. (His workman figured that out on July 5!) If this were to prove to be the case, there might be more feces down the road.

Jeff Sklut was a pleasure to talk with and seemed to offer steps toward at least a partial abatement of the year long sewage problem. He also was very specific as to the scope of his power, which I appreciated.

Truthfully, I am too enraged and discouraged with my government to feel much hope, even after today. I have never needed much in the of way of assistance from the city but always felt surely that it would be there when I did. This past four years have exposed me to ineptitude (or worse) in the city. Unlike Mr. Sklut these people define public service as self service and ineffectual incompetence. (I have also dealt with a few civil servants who were truly civil and very competent (thanks again Dee).)

I am more hopeful than Carolyn. Jeff's order is the very first affirmative act in over two years directed at solving a problem at 6003. If the "order" is, as it seems, an Emergency Order of the Commission, it has real teeth:

SECTION 15.
EMERGENCY ORDER;
PENALTIES.
In the event a violation of this act or the rules
and regulations promulgated pursuant to this act
creates an immediate health hazard or threatens
immediate serious damage to the public health,
or threatens or causes irreparable injury or
damage to aquatic life or property, the
environmental director shall have the power and
authority to order immediate cessation of the
operations causing such conditions. Any person
receiving such an order for cessation of
operations shall immediately comply with the
requirements thereof. It shall be unlawful for
any person to fail or refuse to comply with the
requirements thereof. It shall be unlawful for
any person to fail or refuse to comply with an
emergency order issued and served under the
provisions of this section.

Moreover, Carolyn reports that the head of Code nonEnforcement was back this afternoon, with an aide, talking to Alverson. There is at least some hope that the matter now has gone beyond the feckless Mr. James and the obstructionist Mr. Davidson and the helpless Ms. Frotman, whose lawyers are cosmic wimps.

On the subject of wimps, the Code paperwork and the reports from Carolyn contain a cacophony of excuses from Code nonEnforcement and others that they need landowner permission to go onto Alverson's (or anybody else's) property. To the contrary, the Tampa Code tells them they can go in there and do their job, permission or no:

Sec. 1-16. - Right of entry.
The official, in enforcing the provisions of this Code, 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 Code. The same immunity shall inure to his authorized agents, assistants, employees, and contractors employed on behalf of the city in connection with such enforcement as provided by law.

The endemic pusillanimity of Code nonEnforcement and the other Tampa bureaucrats would be hilarious if the Third World public nuisance at 6003 were next door to the Mayor. With the mess next door to my sister, it just makes me glad I don't live in Tampa and wish she didn't either.

I worked for the Virginia government for over thirty years and concluded that the bureaucracy is a great, miasmatic swamp, with occasional islands of excellence. I am hoping that we have, at last, found two of those islands in the Tampa morass.

So, my money is on Jeff Sklut. He seems to think he should actually do his job. And on Bernadine King, who thinks that Tampa citizens should not have their health and property values threatened by this kind of mess.

Stay tuned . . .

The Wages of Code nonEnforcement

2011-07-24T08:49:00.017-04:00

John here.

You may recall that Code nonEnforcement cited Alverson for the verdant weeds on his property and gave him twenty-one days(!) to mow them. Saturday, July 23, was day eighteen. That afternoon, Alverson brought in a lawnmower and Ms. Martindell and then her boyfriend and finally Alverson mowed. The (belated) result (Why did Code give him 21 days to do a job that took only a couple of hours?) looked much better

except for the puddle of sewage behind the house.

The brown splotches are what you would expect in sewage. Ditto the white ones. Click to enlarge and you can clearly see the happy colony of flies. To the same end:

The pictures don't show the aroma.

Carolyn took another pic this morning (Sunday) that she says shows the pipe from which the sewage flows. I can't see the pipe but I have no problem seeing the effluvium.

BTW: The main sewer looks to be at the side of the house:

So it's not clear whether the discharge in back is from that sewer or from the add-on half-bath downstairs. My guess is the latter.

The feckless Mr. James of Wastewater Collection chose to ignore the opinion of his own employee that the fog and sand in the pipe leading to the main sewer suggested a break in the line and that it needed only a toilet flush, while the camera watched from the sewer, to settle the question. He joined the feckless Mr. Davidson of Code nonEnforcement, seconded by Ms. Frotman of the Health Department, in the position that there is no sewage problem unless they could see or smell it. If they'll visit today they'll see it and smell it; if they hang around for a short while they'll enjoy a visit from some well-fed flies.

Code nonEnforcement wrote Alverson for "public nuisance," i.e., sewage on the ground, on Feb. 16, and marked it "complied" on Feb. 22. They wrote it again on April 18. Without inspecting the work (Duhhhh! Now we see why the ordinance requires them to inspect that new pipe Alverson installed. Again, the neighborhood pays the price of their nonfeasance), they marked it "complied" on May 16.

We'll see whether they can do their jobs this time. It would be a welcome change.

The photo of the mowed yard, above, shows that the fencing that was on the ground has been moved. It takes another photo to show where it moved to:

Looks like we'll also see whether moving the trash around constitutes compliance as to the "accumulation."

Note added Sunday afternoon: Here comes the coverup. Note the shovel. We've gone from sewage on the ground to ground on the sewage. And the vent pipe is back.

Note added Monday, July 25: About 7:30 this morning, someone in a Code uniform showed up and chatted with Alverson. After he left, Alverson went out back and got busy again with shovel and hose. My money says that Code and Health won't be able to find anything when they next show up.

Carolyn just had a call from Greg Rotler, Erika Frotman's supervisor. He says his legal people tell him that photos and witnesses are not enough; one of his people has to see or smell the sewage. So this goes beyond fecklessness; this is institutional pusillanimity. And as to Code nonEnforcement, of course, it's more like conspiracy with the violator.

Byron Bartlett of the Hillsborough Environmental Protection Commission called me this morning about 6003; his associate Jeff Sklut called to follow up and made an appointment to walk the property with Carolyn.

Carolyn also had a call from Bernadine King, Aide to Les Miller. Ms. King recognized that the extraordinary history at 6003 represents a problem; she said she would talk to Jack Slater in Code and Santiago Carato (phonetic spelling) in the Mayor's office to ask them to try to resolve the situation. We'll see.

Selective Fecklessness

2011-07-22T14:08:00.015-04:00

John here.

Some time last winter, Alverson repaired his fence. In the process, he hung the driveway gate so it opened outward. Thereafter, when leaving he would open the gate and leave it blocking the sidewalk.

I posted about that Wednesday (2 days ago) and Carolyn complained to Code the same day. Thursday Alverson rehung the gate so it opens inward. This morning he opened it (inward), drove out, and closed it.

The records at Code say that, as of Thursday: "We are currently checking out the violation at the address given, we will be giving this to our Trans Dept for possible resolution to this complaint."

Manifestly, Code contacted Alverson. By the same inference, Code is not keeping accurate records.

Still more to the point, Code got that violation cured in one day, with no notices, citations, appearances before the magistrate, orders, or fines.

Then we have the weeds that Code wrote on July 5, following earlier notices for weeds on July 8, 2009 and April 18, 2011. Here is how they looked yesterday (July 21):

Then we have "accumulations" (of trash). Code has written Alverson for accumulations fifteen times:

The most recent notice was, again, July 5. Aside from an early flurry of trash removal, the latest notice has had no effect on the trash behind the shed

or the fencing on the ground

Then we have seven "structure" notices going back to March 22, 2006, at least two of which mention "paint." Contrast those with the current condition of the building:

The weed and trash violations mostly are repeats. The paint, however, has never been corrected.

So we have Code nonEnforcement able to get the gate fixed in one day, but utterly impotent as to repeated weed and trash violations or to get the building painted. On the evidence of the gate (and the early, albeit partial trash pickup after the July 5 visit), I'm inclined to think they CAN do their job, they just don't want to.

Note added on July 24: Carolyn posits that Alverser was responding to this blog rather than to somebody from Code. If so, it would mean that the Code record might be accurate but their effectiveness is even less that suggested above.

Third World Next Door

2011-07-20T17:00:00.007-04:00

John here.

Carolyn's friend Linda was in town for a visit last weekend. She is married to a US diplomat so she knows first hand what the Third World looks like. Sitting on Carolyn's front porch and looking at 6003 N. Otis, she said: "Carolyn, you live next door to the Third World."

Linda deduced that from just the look of the place, without the further information regarding the 31 visits by Code nonEnforcement and the 62 violation notices.

Here is what she would see today. First the gate blocking the sidewalk out front:

Then the fence "repair":
And the fencing on the ground over the sewer "repair":
And the weeds out back, now concealing the downed vent pipe:
And two views of the "paint" job and weeds:
And here, from July 17, is a view of the trash behind the shed:
Nice tire and toilet, eh?

I think they should require the feckless Mr. Davidson from Code to live next door to this for a few weeks and see if it wouldn't inspire him to actually do his job.

Never Mind the Public Sidewalk; Walk in the Street

2011-07-20T08:56:00.005-04:00

John here.

Following a recent "repair" of the fencing at 6003, the driveway gate now opens outward, where it blocks the sidewalk. Here is how it looked this morning.

I asked Carolyn to keep notes: It was blocked for four or five hours Sunday and all day Monday. She was out early and back late, so we don't know about yesterday.

The Tampa Code of Ordinances provides:

Sec. 22-8. - Obstructing streets, sidewalks, alleys, etc.; exceptions.

(a) It is unlawful for any person to place in or upon any place, street, sidewalk, alley, landing, wharf or pier owned or controlled by the city and located within the city limits any article or thing without a permit therefor, unless such article or thing is otherwise authorized by law.
(b) If any such article or thing shall be placed in or upon any such place, street, sidewalk, alley, landing, wharf or pier without lawful authority, the official, without notice, is authorized to cause such article or thing to be removed to some convenient place designated by him. The cost of such removal shall be charged to the owner of the article or thing or to the person responsible for placing, establishing or fixing the article or thing in violation of this section.

In light of the City's failure to control the mess at 6003, despite 31 visits and 62 notices by Code nonEnforcement, I expect this is just another law that doesn't apply at 6003 N. Otis.