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Monday, August 5, 2002

Last modified at 11:24 p.m. on Sunday, August 4, 2002

photo: metro

  Code inspector Don Severns fills out a notice of offense instructing a property owner to remove a pile of yard debris from a vacant lot on University Boulevard.
-- Crista Jeremiason/Staff

Enforcing codes slow process
Inspectors try to appease neighbors, stay in bounds

By Matt Galnor
Times-Union staff writer

Barbara Tredway sighs and rolls her eyes in disgust thinking of the putrid, rat-infested, tire-ridden mess that sat next to her Forest Boulevard home until two weeks ago.

Wolfgang Langner cleaned up his yard off Merrill Road and put up a stockade fence, both at the request of the city. Yet Langner draws the line when thinking of the countless trips code officers have made to his house about two cars sitting in his back yard, invisible to everyone but his neighbors who haven't complained.

Davetta Bryant is exasperated because she can't get anyone to clear the beer cans, tattered clothes and other debris beneath the tree across from her Northside home.

And Springfield preservation leaders can't understand why homeowners with permits to fix up their homes are getting hassled about historic features while abandoned buildings litter their block.

In nearly every neighborhood in Jacksonville, problems with nuisances and eyesores can be found, as can success stories of the ugly duckling property on the block getting a makeover after prodding from the city to make improvements.

The problems, and city leaders admit there are many, get the bulk of the headlines. That rang true last week when a city audit found management issues and training shortcomings in the Property Safety Division responsible for getting landowners to mow overgrown lawns, clean up trash-laden yards and fix crumbling fences and sheds.

The audit found that nearly half of inspections aren't done on time, the city hasn't collected $6.2 million in fines, and code officers aren't receiving the training they should.

Mayor John Delaney has pumped money and bodies into the department during the past several years. He's added a call center to better respond to complaints, more than doubled the number of inspectors from 20 to 42 and boosted funding from about $2.7 million to $3.7 million this year.

"We could fix this thing right now if we wanted to devote $20 or $30 million a year to do it but, if you do that, then what else can't you do?" Delaney said about prioritizing with the city's planned $758 million budget.

Audits, budgets and training mean nothing to the homeowner whose view out the front window shows crusty socks, candy wrappers and empty 16-ounce beer cans piled at the base of a tree. The homeowner just wants the city to solve the problem. Now.

"If there's a frustration from neighbors, it's that we can't come and cut the grass tomorrow," said Don Severns, one of seven code officers assigned to the Arlington area.

When a warning is posted, land owners are entitled to 15 days to fix the problem before code officials issue a ticket.

"What I think gets lost is that this is supposed to be a slow process," Delaney said.

photo: metro

  Joe Brown of Waste Management picks up an old stove and four tires from a property owned by Wilfred MacManus on Forest Boulevard.
-- Crista Jeremiason/Staff

Last week, a 5-foot-high pile of dead tree limbs and leaves -- with a cardboard box and empty soda bottles mixed in -- was reported on a vacant lot on University Boulevard between two newer homes with freshly mowed grass. Severns took pictures of the pile from different angles, wrote a warning on a bright yellow ticket and tacked it onto a tree.

For 15 days, that's all he can do.

The age-old dilemma with code issues is that government walks a fine line between infringing on property rights and furthering the public good by making neighborhoods presentable, City Councilman Jim Overton said.

"On the one hand, you want to clean up the neighborhoods. But on the other hand, you don't want the hard hand of government kicking down doors and saying, 'Fix that gutter or we're going to arrest you,'" Overton said.

Code officers must get permission to go on someone's property, which can make things difficult if the owner doesn't comply, Severns said.

With the house next to Tredway on Forest Boulevard, the tenants wouldn't let Severns on the property to have a look around, though violations were visible from the road. Wilfred MacManus, who owned the property, was in the process of evicting the tenants, who he says refused to leave.

Once the house was vacant, MacManus went to work removing tree stumps, tires and car parts from the property after receiving a July 24 warning ticket from Severns.

"I don't expect anyone to have a perfect piece of property, but this was a mess," MacManus said.

The city is working with MacManus and he says the rusted mattress, stacked gallons of paint and old tires will be hauled off soon. Severns is confident they'll be gone. He's seen the work thus far.

"At least it looks like a house now," Tredway said, holding her head to her forehead in relief. "Before, it didn't."

Langner's property off Merrill Road looks like a house, too. He's the first one to admit the yard needed work when code officers stopped by a few months back.

"My yard's not the nicest," Langner said. "It's not the best one on the block, it's not the worst."

Langner replaced his fence, as asked, so his two cars in the back yard can't be seen. He's still getting pressure from the city to get rid of the cars after a code officer saw them from a neighbor's yard.

He says there are other cars near him that have rested in driveways untouched for months, but "why should I cause the guy two blocks down the road any problems?"

photo: metro

  Code inspector Don Severns goes over paperwork from an earlier visit to the former Precision Tune at 1611 University Boulevard. The building had several violations, Severns said.
-- Crista Jeremiason/Staff

That's part of the no-win situation code enforcement officers say they face every day, said John Curtin, director of the city Neighborhoods Department that oversees code enforcement.

Code officers can be the best friends of neighbors who want a problem solved, or the worst enemies of the homeowners they call on -- or the worst enemies of residents who contend their problems are never solved.

"If they make me happy by taking care of the problem next door, they've made that person mad," said Shirley Dasher, executive director of JaxPride, a non-profit group that focuses on aesthetics in Jacksonville.

Bryant, in her home on Moncrief Road, hasn't been at this long but already is growing impatient. She has called the police, code enforcement, anyone who'd listen about the trash and beer cans scattered near the tree on a vacant lot next door. Code officers posted a notice about a week ago and are scheduled to return and check the progress.

"It looks like a trash dump," she said. "You cannot tell me this is all they can do."

Residents trying to fix up Springfield's older homes and turn the downtown neighborhood around see the same struggles. They're getting permits to renovate their homes and having to answer to code officers, but abandoned houses down the street are untouched, said Pam Edwards-Roine, assistant director of the Historic Springfield Community Council.

"People will say, 'Next door they've got a fire trap, and I just didn't get my lawn mowed,'" Edwards-Roine said.

Curtain said historic areas are the toughest, because the city is trying to avoid tearing the older homes down and working to get people to renovate them.

"The historic areas are very different and it seems that no matter what we do, it's not right," Curtin said.

Complaints about code issues have gone up about 15 percent a year, to more than 100,000 this year, Curtain said. Delaney stresses that, as much as the department has improved, people's expectations have risen and tolerance has fallen, creating the never-ending cycle of code issues.

"We've raised the bar in our community," Curtin said. "As long as we continue to raise the standard, people are going to want more, and that's probably a good thing."

Staff writer Matt Galnor can be reached at or via e-mail at mgalnorjacksonville.com.


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