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Dirt Dispute Kicks Up More Dust

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By ANGELA DELGADO

The Tampa Tribune

Published: June 7, 2008

TOWN 'N COUNTRY - The $500-a-day fines issued to those responsible for what was once an eight-story dirt pile along Sheldon Road will continue, Special Magistrate Christopher E. Brown said during a hearing.

Monday morning, Jason Freyre, owner of Jason's Hauling, and his attorney, Daniel Dietrich, went before Brown at the Code Enforcement Special Magistrate Hearing to ask for an extension to move the dirt and a reduction of the fines.

The issue began in late January, when Jason's Hauling stockpiled 60,000 cubic yards of dirt on a 3-acre lot belonging to Nicolas and Konstantina Tsokos. The dirt came from the Tampa International Airport interchanges' work site.

Neighbors complained and county officials inspected the pile, discovering that neither Jason's nor the Tsokoses had a permit to put dirt there.

On March 31, Freyre and the Tsokoses were given 45 days to remove the dirt from the property at Sheldon Road and Cluster Avenue. On May 16, a day after the deadline, investigators said a portion of the dirt remained, and the fines began and have been accumulating since.

Dietrich sent the county a letter dated May 9 asking that the deadline be extended to May 31. On June 2, the day of the hearing, the dirt remained. Dietrich told Brown that after the March 31 meeting, they were unsure whether the 45-day deadline meant 45 calendar days or 45 business days. If it was business days, he said, June 2 was the actual deadline.

Also, Freyre's attorney said Jason's Hauling planned to move the dirt back to the airport, under the assumption that it could take it all back. But the airport site could only accommodate a third of the dirt, and Jason's didn't have another site yet.

Dietrich said 20,000 cubic yards remained on the lot along Sheldon, and he requested an extension to June 13. A third-party company recently had a permit approved to remove the dirt and take it to a site on Race Track Road. The company has been doing that since about May 19, said Christa Hull, environmental supervisor for the county.

As of June 2, about 70 percent of the dirt had been removed.

Brown told Dietrich and Freyre that the 45 days were calendar days and the deadline was May 15. He told them he denied their extension request and their request to reduce the fines.

"I think your request is premature," Brown said. "The whole goal is to get the dirt pile gone, get the neighborhood the way it was, and that hasn't happened."
Freyre accepted the decision but said during the hearing, "I understand your position, but we have done everything possible to find a home for it. We knew we'd be in this position when we were last here. We have been working diligently to find a home for that dirt."

Hull said once the job is completed, a letter will be sent stating the total fines due. Those fines can either be paid or appealed for a reduction.

Reporter Angela Delgado can be reached at (813) 865-1501 or adelgado@tampatrib.com.

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