Antoinette Stavropoulos's New Port Richey house is valued at $65,395. But because she had resisted calls to clean up her overgrown lawn, she's racking up $200 a day in fines. "It's just goofy," she said. Code enforcers don't agree.
Posted on 02/27/2004 10:07:29 AM PST by george wythe
Antoinette Stavropoulos's New Port Richey house is valued at $65,395. But because she had resisted calls to clean up her overgrown lawn, she's racking up $200 a day in fines. "It's just goofy," she said. Code enforcers don't agree.
I wonder if her neighbors appreciated the fact that she was devaluing the entire neighborhood?
I'm not sure about labor costs in Florida, but I would think hiring a gardener would have been cheaper.
In November, 62-year-old Silvio Rosalen was jailed 15 days for failing to clean up lumber piles in his yard in unincorporated New Port Richey.
That punishment was a direct result of Pasco's decision in December 2000 to revamp its code system.
It now sends violators to a county judge instead of to an enforcement board. Before, violators in unincorporated areas of Pasco faced fines and liens. Now, like Rosalen, they could go to jail.
"We feel the court process is far superior," said Joe Gross, Pasco's assistant zoning and code compliance administrator. "It's more immediate . . . versus a lien, which may not be resolved until the property changes hands."
Different governments are employing different approaches, especially when it comes to repeat offenders.
In St. Petersburg, a fine that reaches $5,000 on a home or $10,000 on commercial property is referred to a county judge, who can order compliance. The city also is starting to file public nuisance suits against properties that pose fire hazards or other dangers.
"If we were just letting the fines mount up, I'd be out of a job," said Sally Eichler, director of codes compliance assistance for the city.
In Tampa, under Mayor Pam Iorio, code enforcement has new teeth.
Criminal court and possible foreclosure are among the penalties if a code board or a hearing master can't get results. Also budgeted for 2004 was more money for demolition and cleanup. And a foreclosure unit is being formed.
The changes make Bill Doherty happy. He is deputy director for Tampa's code enforcement, and his 39-person department expects to handle more than 30,000 violations this year. Compliance rates are 70 percent and expected to climb.
Since the beginning of the year, criminal "code court" has seen about 40 cases and faces a backlog of more than 500.
Tampa has new recourse, Doherty said, and "the word is out in the community."
Hillsborough County, however, prefers to avoid court when possible.
"I know some people are going to a court system," said John Ferdon with the county's housing and community code enforcement department. However, a Hillsborough audit of cases found all but 2 percent complied with a code board, and court is "cost prohibitive."
The exception: landlord Steven Green, whose code violations on several properties including the uninhabitable Amberwood Apartments led to $5,000-a-day fines that hit $1.3-million. The bank later foreclosed and the complex was sold. The county still is negotiating for payment.
So far, Green has paid $3,600 for a tree violation.
* * * New Port Richey is amid a major redevelopment initiative. Local leaders want to make it a destination for developers and companies, and they're hoping the revamped code will help.
"This is an effective redevelopment tool that signals to property owners they need to keep their property clean, at least on the outside," City Manager Gerald Seeber said.
If six-figure fines are what it takes, so be it.
"The money is the tool, the big stick," said Fred Metcalf, director of development services for the city.
By December 2003 the city had more than $1.4-million in code enforcement fines on the books, though it collected only about $100,000 last year, Metcalf said.
Some extreme cases persist.
"I don't think anybody warrants a fine of $150,000," said Tom Altman, a member of New Port Richey's code enforcement board and a local lawyer.
As things stand, a lien is the city's final option in cases such as Stavropoulos, whose home of 12 years is assessed for tax purposes at $65,395. The city cannot foreclose on homestead property, like hers. And if she sold, the new owner would assume the lien.
However, if she abandoned her home, it could go into foreclosure, be cleaned up, resold and "we end up with a homeowner who takes care of the property," said Gary Brevoort, the city's certified building official. "Ultimately that's what we're looking for."
Two years ago, the number of code violations in the city requiring board action was 13 percent. Last year that dropped to 7 percent. New Port Richey officials say that's evidence that the code enforcement system is working.
Stavropoulos might disagree.
"I think they're hoping I'll leave, but I can't sell my house because of the lien; I can't even get a loan," said Stavropoulos, the mother of six grown children.
Records show her home on Pennsylvania Avenue has a history of violations including weeds, trash, an abandoned vehicle and broken windows. Stavropoulos said she did what she could considering health and financial limitations.
"I'm not supposed to lift more than 10 pounds or move around a lot," she said.
After initial rounds of violations and fines, she said she made an effort with her grass.
"Until I got a mower I was out there with my son mowing it with a weed whacker."
About a year ago, members of her church came out and mowed the lawn for her. And of late, her yard has been cut "right down to the earth," she said.
But the fines continue to mount because she never paid them. As of today, she owes the city $192,565.
LOL!
It reminds me of the fad diets... a high-carb diet is good for you, now a low-carb diet is good for you.
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