Code Violations Drive Business Away
At the first day of Gulfport's Special Magistrate for code violations, a business owner is cited for not keeping his trucks behind a fence. As a result, he is moving his tree removal service outside of the city.
The chambers may have been quiet, even low key, but the Special Magistrate program for the City of Gulfport already had the intended effect, even before it began.
At 9:30 a.m. Thursday, attorney James D Thaler, Jr. began hearing cases as Gulfport’s new Special Magistrate. His inaugural case was a combination of mixed signals, misunderstandings and a business owner who is leaving the city.
It was certainly an inauspicious start for the Special Magistrate, with the case of Deno Crawford and his business, Urgent Tree Service of 2205 52nd St. S.
In the chambers at City Hall, Crawford and property owner Lyta Reichbach of Gizmo Property Management in St. Pete Beach appeared before Thaler. They were the only violators to stand at Thursday’s hearing.
The pair was called on four code infringements; two assigned to each party:
Two violations of City Code 7-2, for construction without permit fees related to a metal enclosure built against one of the main structures; electrical work/junction box installed outside of rear fence. There was also plumbing water lines installed on the exterior of one structure; exterior sheathing replaced on the structure, and a new covered porch framed with a metal roof attached.
The second pair of violations concerned Code 22-5.10 (j)—Outdoor Sales and Displays. Urgent Tree Care had several large vehicles parked on the property, which sits across 52nd Street from a gas station. On the side of the building, there is a large wooden fence. Code requires the equipment, such as a wood chipper and earth mover, to stay behind the fence and not visible from the street.
Crawford corrected and complied with City Code 7-2 prior to the hearing and was assessed a fine of $374.50 on Thursday. Gizmo was also fined $374.50 for the first violation.
Code enforcement officer Bruce Earling suggested Crawford be found guilty of the first two charges, which Crawford resisted, suggesting he plead “no contest.”
“It just sounds better,” Crawford said.
“These are civil proceedings,” Thaler replied. “With civil cases, people are either liable or responsible. ‘Guilty’ is usually reserved for people put in handcuffs. We don’t have that around here.”
The second violation was not corrected. Crawford said that he had difficulty keeping his equipment behind the fence at all times.
Five years ago, Crawford received a business license by the city to operate Urgent Tree Service. For years, he had no trouble. Starting in 2010, Crawford began to get violations on the visibility of his equipment.
Crawford said it is necessary to use this equipment to conduct his business. With the regular code violations, it has become difficult to continue to do business in Gulfport. His argument was that since the city awarded the license, they must have been aware of what type of equipment he would be using.
“City of Gulfport gave me a license to have a tree service,” Crawford said. “When you have a tree service, you have to have equipment trucks. It’s a Catch-22.”
“They gave me a license for the last five years,” Crawford said. “Now they say I cannot have trucks on the property. I have kept my license up to date every year.”
“You are saying because they (the city) issued you a permit to run a business out of that location for a tree service,” Thaler asked, “and because you have been storing things there, that they allowed you to operate in this way as an exception?”
“You could have asked for special permitting,” Thaler said.
“They never contacted me about that,” Crawford responded.
Earling insisted the pattern of code violations were consistent.
“Mr. Crawford and Gizmo both had been sent numerous violations in the past,” Earling said, “in regards to storing roll-offs, trailers and trucks outside the fence.”
“No doubt the city was probably remiss in letting him continue to put heavy equipment behind the fence,” Earling said. “He was never in compliance. He would be in compliance for a few days or a week then he would be right back, putting those trailers and trucks”
“It would generate numerous complaints from residents,” Earling added.
Instead of fining Crawford and his landlord for every day of non-compliance, Thaler charged each defendant $374.50 to cover city and Magistrate expenses, with the stipulation Crawford would bring his business up to code within 60 days. The fine was in addition to the $374.50 both Crawford and Reichbach were each assessed for the other pair of violations.
Crawford agreed, since he was planning to move from the property soon anyway.
“Are you staying in Gulfport?” Thaler asked him.
“Oh no,” Crawford responded.
He will be moving to a location off 49th Street, adding that it was too much hassle for him to stay in the city. “It will be right next to Gulfport, though.”
“I hate to lose any kind of business in Gulfport,” Thaler said before adjourning.
Crawford’s appearance was not the kind that will be common for the Special Magistrate, according to city officials.
“That was an unusual case,” said Community Development Director Fred Metcalf. “Most people will come into compliance before it gets to this point. It is an effective tool.”
According to Metcalf, the program has already had the intended effect—keeping code violations at a minimum.
The next Special Magistrate hearing, if there are any cases to hear, will be August 23, 2012, 9:30 a.m. at Gulfport City Hall, located at 2401 53rd St. S. For more information, call (727) 893-1000 or visit mygulfport.us.
Danie Huizenga
6:57 pm on Friday, July 27, 2012
not good.....l don't think he was blight to the neighborhood. This could be the beginning of the end of our love affair with Gulfport.
Hairball Spencer
7:24 pm on Friday, July 27, 2012
agreed 100%
Paul Ray
8:15 am on Saturday, July 28, 2012
Not going to be the end, we need to get rid of the council members and replace them all with more open minded free spirits. Apparently they have forgotten about us the home owners and little people who make this a town.
Paul Ray
8:16 am on Saturday, July 28, 2012
I think it is time we use our voices and start attending the town meetings and sit in on the Special Magistrates sessions.
Phillip
12:46 am on Saturday, July 28, 2012
So if I own a tree service in Largo and I get called to Gulfport to work on some trees, do I need special permits/license/equipment before I can accept the job? Does my vehicles or equipment need to be inspected prior to accepting the job? Just want to know if they are as 'articulate' as Saint Petersburg.
Jennifer
10:12 am on Saturday, July 28, 2012
No, Phillip, this case is referring to Urgent Tree Repair's own property, which sits close to Gulfport Blvd, where they often had stacked logs and cluttered equipment near the street. They were repeatedly asked, I take it, to move the equipment off the easement and behind their fenced property. They would comply temporarily and then revert to storing equipment on the front lawn.
Paul Ray
8:13 am on Saturday, July 28, 2012
So starts the demise of what was a free cool little town. As new home owner I have found that according to contractors Gulfport is a town most of them prefer to avoid due to over reaching codes. For example across the line in St Pete a home owner can provide detail drawings for a garage conversion, however in Gulfport we are required to submit professional drawings and the cost I was quoted ranged from 500.00 to 1200.00. I suggest that we nip the problem in the bud and demand the end of this abuse of power in order to generate revenue. Fire the Special Magistrate and review all codes for cost.
Lynda
5:21 pm on Saturday, July 28, 2012
In the many years I have owned several properties in Gulfport, I have not had a reputable contractor tell me Gulfport was too strict for them to work here. In my experience, you either pay for quality work in the first place or you pay later to repair (and repair and repair) poor work. Getting competitive bids can be time-consuming, but there are licensed, legal contractors who routinely use permits and inspections and keep their costs affordable. Supporting well-managed local businesses is really important for healthy communities. I do agree that local codes need to take homeowner costs into consideration along with "best practices" and safety; however, strict building codes and rigorous inspections are an investment that will pay off for the city and for individual homeowners.
Gale
9:28 am on Saturday, July 28, 2012
I think Gulfport should be trying to keep the businesses they have instead of chasing them off. I doubt the neighbors on that street were complaining and think that is just an excuse. I guess they don't need his tax dollars. Yes, it is time we all go to those meetings and we all need to do our homework before we vote on anyone including city council.
Jennifer
10:09 am on Saturday, July 28, 2012
This business ALWAYS struck me as irresponsible and a bad neighbor in the way they used the front of their property. I say good for Gulfport for putting their foot down.
Lynda
10:59 am on Saturday, July 28, 2012
Do other tree service businesses have these problems in Gulfport? Or was it unique to this business? Well-run businesses make an effort to comply with the local codes and be good neighbors when located in residential areas. The Special Magistrate process seems to be working very well and the council that implemented it should be thanked. I think "freedom" to do just as one wants without regard for others in the community can be taken beyond what is reasonable, especially these days. Many people object to inspectors and getting permits or submitting professional information prior to a major renovation, but repairs or renovations done by the clueless endanger more than just the property owner. There are costs associated with running a reputable business and with doing renovations. One has the personal "freedom" to select what one can afford or choose not to run a business or do a renovation until one can afford the reasonable costs. Whether the costs imposed are in fact reasonable should be discussed.
phyllis rosenblum
1:26 pm on Saturday, July 28, 2012
My fellow Gulfporters,
There is a middle ground on these views. WE need to keep the spirit of individuality and openness that characterize our wonderful town but we also need to have our property owners keep their property at acceptable levels of compliance. This business was warned and repeated the violation. Therefore, he chose to move rather than comply. This seems dumb and I suspect he had other reasons and used this as an excuse. I do think we need to all pay attention to the decisions of our council people and let them know we want them to be very sensitive to the middle ground. But let's not condemn the process but improve it.
Lynda Shehan
2:17 pm on Saturday, July 28, 2012
LYNDA SHEHAN 2406 52ND STREET SOUTH GULFPORT FLORIDA, A 12 YEAR RESIDENT AT THIS SAME ADDRESS, Patch, I would suggest that you interview ALL PARTIES INVOLVED IN THIS SITUATION. If anyone in this city would like for this business to be 8 houses from your property, the property where you have your entire life savings in, watched the value of the property, due to the economy, become half of what it was worth 6 or 7 yrs ago, then at the entrance of your street a JUNK YARD APPEARS. URGENT TREE COMPANY WAS GIVEN A PERMIT TO HAVE A TREE SERVICE, I HAVE AN OCCUPATIONAL LICENSE TO RUN A PET CARE BUSINESS.......BUT I KNEW WHEN THAT OCCUPATIONAL LICENSE WAS GIVEN TO ME, PLUS EACH YEAR WHEN I PAY THE $150 FOR RENEWAL, I KNEW THE CODE LAWS OF GULFPORT MEANT THAT I COULD SIT ON MY PROPERTY AND RECEIVE PHONE CALLS TO MAKE APPOINTMENTS....SUCH AS URGENT...THEY CAN BE ON THAT PROPERTY AND RUN A TREE COMPANY 24/7, but according to the laws of Gulfport I can not bring 25 dog kennels on my property and fill them with barking dogs, URGENT TREE COMPANY needs to only read the laws to find they cannot have big trucks, chippers, earth moving machines, full dumpsters sitting on the property daily. Gizmo Properties has probably not seen the activity on the property they own in Gulfport, as absentee owners, nor do they care because if anyone owned a property that looked like a junk yard, which this property which I drive by many times per day reminds me of properties seen on the back roads of NC.
Lynda Shehan
2:39 pm on Saturday, July 28, 2012
LYNDA SHEHAN 2406 52ND ST SOUTH, 12 yr resident & property owner. To continue my comment. Now that we are passed the look of the property, I want to comment on what happens on this street every morn and afternoon. URGENT TREE COMPANY's property was not large enough to run the business, thus they chose to occupy 52nd St.S. The street became either blocked or a one lane street. If they felt necessary, a driver would have to BACK DOWN THE STREET FOR THEIR CONVENIENCE. If you chose NOT TO BREAK THE LAW and back down the street you were warned by Mr. Crawford that you must & should you complain it is easy to get your license plate number & find where you lived. I am 10000000000% of these comments as I have received this warning my personal self. Why did the city of Gulfport allow them to break the law for 5 yrs. I don't know, why are they taking action now. I confess, my fault, I felt it strange that no other business in city looked like this business, I didn't complain, but the business became more and more abusive & I wasn't aware there was a code in place. Closing down the street, personal threats & senior citizen neighbor who felt it IMPORTANT to take photos of the site as we saw our property values sink, who wants to buy a home where the entrance to the street there is junk yard. This senior citizen's car was not on their property, she felt she was on city property when she was photographing the mess, but her car blocked by URGENT vehicles, license plate, know where she is
Lynda
5:04 pm on Saturday, July 28, 2012
Thank you so much for your comments. It was brave of you to comment openly when the business owner had been intimidating to his neighbors. While we all try to understand and work with our neighbors, sometimes it just isn't possible, but many of us are too afraid to complain when we see problems that need fixing. Thanks for being an inspiration.
Mr. Fish
2:51 pm on Saturday, July 28, 2012
Another business leaving Gulfport because of Code Violations. Not surprising. Code Officers did everything they could to run my business out of Gulfport. Of course this was before the Special Magistrate. In my case they called my customers and threatened them with code violations if they continued to do business with me. I am so glad I moved my business out of Gulfport. Wonder why there are so many failed business's? Talk to someone who tried to set up a business in Gulfport and you will hear the horror stories.
Lynda Shehan
11:22 pm on Saturday, July 28, 2012
Mr. Fish, and I know who you are........this business was a junk yard, took over our strreet and threatened us if we complained, way different than your situation as I miss your cars lynda
mtober
3:34 pm on Saturday, July 28, 2012
Thank you Lynda for providing more details. I had heard bits and pieces of what you stated and you just put it together. We don't need business owners that are not willing to be good neighbors.
Queenie
4:34 pm on Saturday, July 28, 2012
I wouldn't want to live next to what Lynda described. There are enough people in this town who do not take care of their homes and lawns that are eyesores, and how hard would it have been for the tree service to keep his equipment behind the fence...sounds like laziness to me.
Lynda Shehan
9:54 pm on Saturday, July 28, 2012
LYNDA SHEHAN 2406 52ND ST SOUTH, I am a true fighter for the small business, that is what America is all about, been a small business all my working life. When you have a business that does not care about their community, a community that I put in thousands of hours of free time, organizations put in thousands of dollars to advertise that we are very special, neighbors of the business place their life savings into their properties and the absentee owners, I cannot stress this enough, and business owners could care less, THEY CHOSE TO MAKE THE PROPERTY A JUNK YARD, THEY CHOSE TO MAKE MY, MY, MY PROPERTY VALUE DROP, THEY CHOSE TO BREAK THE CODE LAWS OF THE CITY OF GULFPORT and they could care less, their business is moving from our city, I say we do not, I DO NOT WANT THAT ATTITUDE IN THIS CITY. The CITY MANAGER was placed under a huge amount of pressure as the residents phoned him daily. HE HAD THE CODE ENFORCEMENT LAWS BEHIND HIM. If the owner of the property or Mr. Campbell was unable to read the code laws, I'm confident we could have found someone to read the laws to him & Gizmo Properties.If Mr.Campbell did not realize that if you threaten people for complaining, they will file a police report. I have no problem if Mr. Campbell wants to take Urgent Tree Company to any street in Gulfport. The building where the Dive Bar on Shore Blvd & Beach Blvd is available. Perhaps those of you who feel Urgent Tree Co should stay in our city have a space next to YOUR HOME.
Kim Morrissey
10:45 pm on Saturday, July 28, 2012
I drive by this business almost every day and it's an eyesore and a junk yard and I would be very upset if it was close to my house. I have been held up in traffic by them moving their equipment in or out of the property. The buildings are in dire need of attention and one reason they probably didn't put the equipment behind the fence is because it was so full of junk behind there that I wonder if they could find room. The property looked like it was well on it's way to becoming an episode of "Hoarders" and most of the junk there was not anything to do with a tree service. I am very glad that the city finally decided to do something about it and I'm equally glad they are moving out of town. Having no respect for your city or your neighbors is not what I want from the people sharing space near where I live, or anywhere in the city for that matter. Keeping our diversity and quirkiness does not mean letting your property fall into such disrepair that it looks like it should be condemned.
Rob Fowler
12:29 am on Sunday, July 29, 2012
Is the place you all are speaking about next to the Sunoco station on Gulfport Blvd? I've been buying my gas there since the first day I moved into Gulfport 6 years ago.
If this is the business, over the years I have recognized that the urban lot (Gulfport Blvd and 52nd Street South) is home to a local tree cutting business with licensed trucks that go out almost daily, working equipment that is part of the tree trimming industry, fire wood for sale that a lot of Gulfport people love to burn, several hard working laborers earning an honest dollar to feed their loved ones, and so on.
It looks like a real working business, and at times may need some aesthetic attention (to please those in our town who seem to have discomfort with our blue-collar character that I adore), but has never ever, and I repeat, never ever looked like a junkyard to me. Maybe the fact that I know what a junkyard looks like might have some basis to my statement. This place has never looked like a junkyard, period.
Please, no offense to anyone I love that does not agree.
Lynda Shehan
11:14 pm on Saturday, July 28, 2012
LYNDA SHEHAN I ATTENDED THE MAGISTRATE TRIAL AND URGENT TREE CO WAS TREATED WITH SUCH RESPECT I EXPECTED THEM TO BE INVITED TO DINNER THEN THE LAW WAS READ, PHOTOS FROM ONE HOUR BEFORE WAS PRESENTED, GUILTY they chose to leave Gulfport, we do not allow slums, THANK YOU CODE ENFORCEMENT, THANK YOU CITY MANAGER COME INTO THIS CITY BE RESPECTFUL, DO YOUR BUSINESS DO NOT LEAVE TRASH BEHIND, DO NOT ASK OUR CITIZENS TO B ACK DOWN THE STREET SO YOU CAN TAKE OVER OUR STREETS AND DO NOT THREATEN US IF WE DO NOT ALLOW YOU TO TAKE OVER THE VERY STREETS OUR TAX DOLLARS PAY FOR If any of you want a b usiness beside you that tells you "if you call the police, everything will be over before they get here" I would contact Urgent tree company. PATCH get the entire story before you go to print. I was at the meeting Thursday, short, fat, red hair woman in black outfit.,..........get the story right or don't be concerned. The story you printed made me sick
Lynda
11:28 pm on Saturday, July 28, 2012
I agree that people like you who made complaints or lived next to the business should have been asked to comment for the Patch story. Both the headline and the bulk of the story did make it seem as if the enforcement of codes by the Special Magistrate drove a business out of Gulfport. Although some mention was made of the length of time the problems occurred, not enough information about the serious nature of the violations was included. Although I must say, quoting the business owner's request to plead "No Contest" because it sounded better was a pretty revealing thing to include in the story. Again, thank you for standing up for your property rights and code enforcement. It doesn't sound like it was an easy thing to do.
Rob Fowler
12:55 am on Sunday, July 29, 2012
Just want to say, as a very proud home owner on Pinellas County's road with the most potential, 49th Street South, we are sincerely honored and whole-heartedly welcome Urgent Tree Care to our street. Sad loss for Gulfport's tax base and reputation, but a definite score for the exciting future of 49th Street South. We welcome any and all businesses to 49th Street South, especially when they are helping workers make a well-deserved buck. Ultimately this will prove to be a good move. I just hope the soon-to-be vacant lot on 52nd does not become another high-profile bruise to Gulfport's struggling image as a place to open a business.
mtober
3:27 pm on Sunday, July 29, 2012
Seriously Rob- you support a business owner that threatens the City's residents?
Rob Fowler
4:11 pm on Sunday, July 29, 2012
Margarete, do they have criminal charges against them? Fill me in.
Cherlene Willis
9:44 am on Sunday, July 29, 2012
Thank you all for sharing your concerns, comments, opinions and more with all of us. We greatly appreciate everyone's willingness to join the conversation and share how you all feel. – Cherlene
Mark L Grantham
2:04 pm on Sunday, July 29, 2012
I will not speak for those at the company in question, I will speak on my experience, no matter where I have lived or worked, I have always had rules that I needed to follow. if I did not pay my rent on time, there were late fees, of I did. if I did not pay my mortgage on time, there were late fees and other penalties, of I did not clock in, or failed to follow company rules, there were penalties. I believe that all of us, individually and corporately need to follow said rules, for there are consequences for disregarding these rules. it is a shame that said company feels the need to leave, Apparantly the rules do not apply to them. if a company or residence has received code violation notices, the onus is on the shoulders of the owner of this property to rectify these violations. to me, the departure of a property owner in such a manner is akin to bullying, it tells the others in the community, that they have to abide by the rules, they do not.