TBO.com - TBO is Tampa Bay Online

Vacant House: 'It's A Rat Hole'

ADVERTISEMENT

By GEORGE WILKENS

The Tampa Tribune

Published: May 24, 2008

PLANT CITY - Frustrated in their three-year attempt to force repair of a vacant house owned by a former longtime city board member and Christmas parade organizer, a dozen Gilchrist Heights residents have posted yard signs urging the home's condemnation.

A blue plastic tarp covers part of the roof of Fran Neilsen's concrete-block house at 1101 N. Knight St. Until recently, neighbors said, a swimming pool contained dark, stagnant water that was a mosquito breeding ground and emitted foul odors that aggravated respiratory problems. The pool was drained Tuesday.

Neighbors complain the city is dragging its feet in taking action against Neilsen, although Tuesday's draining of the pool resulted from Plant City code enforcement action instigated by City Attorney Ken Buchman.

Repeated attempts to contact Neilsen for comment were unsuccessful, but four code enforcement files track a stream of complaints since April 2005.

Neilsen, 59, is the longtime co-chairman of the Plant City Christmas Parade, a former government employees' union official and longtime Democratic Party activist. When she stepped down from the Plant City Planning Board in early 2001, city commissioners unanimously adopted a resolution honoring her for 11 years of service.

Residents chronicling the lack of progress say the property attracts vermin, including rodents and feral cats. Last month a homeless couple with a child camped on the property, they say.

"It's a rat hole," said Dawn Morris, instrumental in the push to have the house repaired or razed. Seven stray cats, including four litters of kittens, were captured on the property last year, said Morris of 1106 N. Knight St.

"The neighborhood has just about had it with her," David Custer said of Neilsen, who, by all accounts, moved out of the house two or three years ago.

"As a community, we're trying to knock this thing in the head. We're not going to stop until something is done," vowed Custer, who is among the neighbors displaying yard signs, including some reading: "Condemn 1101 N. Knight St."

Code Enforcement Supervisor Dennis Sweeney is familiar with the property, its condition and neighbors' increasing dissatisfaction. "They have concerns; we try to address them," Sweeney said.

Plant City is among many cities that use the International Property Maintenance Code, which sets minimum standards and has some loopholes, he said.

"The ordinance is very limited. And we go by minimum code," Sweeney said.

Given that, and six months granted to correct the cited problem, bureaucratic delays result, he said.

Code enforcement can seek an inspection warrant to visit property uninvited only if a violation poses imminent danger, but in this case, the alleged violations are basic property maintenance issues, he said.

"I think that's such a crock. I'm totally befuddled. Nobody can help us," Morris said.

"The electricity is on, the roof leaks and there's nobody there. That's a bad situation" and fire hazard, Custer said.

Complaints Filed

After a complaint about the roof of her vacant house, for example, Neilsen pulled a building permit June 8 for an estimated $10,000 in repairs.

"Once she pulled the permit, she can take 180 days" to complete repairs, Sweeney said.

A handwritten request the city received Nov. 10 asked for an extension, as rains delayed tree trimming necessary to allow access to the roof. "She's got an open permit right now for the roof," Sweeney said.

A permit was issued May 22, 2006, for an estimated $50,000 remodeling to include repairs to the roof, trusses and drywall, new fascia and soffit, plus painting.

In January, Neilsen was again notified her property was in violation of code, this time because wind had strewn shreds of plastic tarp. In response, she cleaned it up, Sweeney said.

"She's pretty much keeping her property clean, as far as litter, trash and debris," said Sweeney, who said he visits the property once or twice weekly. "This property has not been totally abandoned," as it is mowed regularly, utilities remain connected and the owner receives mail there.

The latest registered letter mailed to the Knight Street home April 28 said wind exposed roofing felt, violating the requirement that a roof "be sound, tight and not have defects that admit rain."

"Without being able to go inside the house, we can only speculate" that it leaks, Sweeney said. "We're as frustrated as much as the folks are because she's doing just enough to keep things moving in her direction."

The complaints have never reached the city's seven-citizen code enforcement board that relies on enforcement officers for its cases.

"She's always come in compliance enough to stay out of the board," Sweeney said. "She's always a step ahead."

The eaves are visibly water damaged, part of the initial complaint residents filed in April 2005.

"She's done enough to make it in compliance ... by tarping the roof," Sweeney said. The blue tarp, the kind so prevalent on roofs after the unusually busy 2004 hurricane season, is not addressed by city code, Sweeney added.

Don't Look, Don't Ask

The original 2005 complaint also addressed an unsecured swimming pool fence, repaired for $550, according to a June 6, 2005, building permit. Ironically, the tall wooden fence made the pool virtually invisible to city inspectors.

"By law, I cannot look over the privacy fence," Sweeney said. "Unless she allows us on her property, I can't say the pool is in violation. And anyone who goes on the property who is not allowed, they're trespassing."

Neighbors have photographs of a pool they say is Neilsen's, partially filled with smelly water they claim occasionally overflows into the neighboring yard.

Morris said that in January she hand-delivered the photos and letters to nine city officials, including Sweeney and each commissioner. One enlarged photo of the pool is affixed to protest signs dotting yards along Knight Street.

Code stipulates that "swimming pools shall be maintained in a clean and sanitary condition and in good repair."

Sweeney said the pool - "a thorn in my side" - is secured to comply with state law. He acknowledges the water in the photo appeared deep enough to pose a deadly hazard should a child breach the fence.

Sweeney had said the photos are the visual equivalent of hearsay:

"I didn't physically visualize that myself. I can't authenticate the photos. I can't use illegal pictures," he said.

This week, however, City Attorney Buchman deemed the photographs sufficient to warrant immediate code enforcement action on the pool. Neilsen was notified, and the pool was drained.

"The swimming pool issue is dead; that's been taken care of," Sweeney said Tuesday after inspecting the drained pool. "As far as the roofline goes, that's still an issue, and we're still moving forward."

Owner Well-Known

Some suggest Neilsen, a retired Lakeland-based agent of the Florida Department of Revenue, is well-known and well-versed in dodging local agencies.
Neilsen is former president of Local 3039 of the American Federation of State, County and Municipal Employees Union for West Central Florida and former state treasurer of that group's political action committee. She served on Al Gore's Florida steering committee for a presidential bid and in 2000 was appointed by then-U.S. Sen. Bob Graham as one of his 10 delegates to the Florida Democratic Convention.

"She knows every loophole in the book," Morris said. "Everybody knows what's going on, and nobody will do anything."

Custer, who lives across the street from Morris, agrees. "She seems to have the upper hand around here," he said.

"I know they're upset and frustrated," said Sweeney, but the ordinance also protects property owners' rights. "Our hands are tied."
Neilsen receives mail at the house but did not respond to a request for comment taped to the box on the porch. Repeated calls to her cellular telephone produced only recordings, including one stating the phone's mailbox was full and could not accept additional voice mail.

Morris stresses theirs is not merely a neighborhood problem: "This could happen to you tomorrow; that's what people need to know."

Reporter George Wilkens can be reached at (813) 865-4433 or gwilkens@tampatrib.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT