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DeVane Resigns From Temple Terrace Code Board

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JOYCE McKENZIE

The Tampa Tribune

Published: May 20, 2008

TEMPLE TERRACE - Ken DeVane is no longer a member of the city's municipal code enforcement board.

On Tuesday, the third-term board member resigned during a joint work session of the code enforcement board, city council and Mayor Joe Affronti.

His action followed his allegation that council members disregarded the code enforcement board's recommendation of a $22,350 noncompliance fine in a case that involved Gaspar's Patio Bar & Grille. Council approved levying a fine of $1,600.

"We're not working as a team and the precedent you all set was terrible, absolutely terrible," DeVane said. "You all didn't back us up."

Councilman Frank Chillura, who served six years on the code enforcement board and is now the council's liaison to that body, said he and other council members had no intention of setting a precedent for future cases. This case, he noted, was not the norm.

To be in compliance, Gaspar's owner Jimmy Ciaccio was required to present a site plan for an addition to his building that met code requirements

"He had no control over the time the city spent reviewing it and all during that time his fine kept accruing," Chillura said. "In my view, once a citizen submits a site plan, it should no longer be under the jurisdiction of the code enforcement board."

Councilman Ken Halloway concurred.

"Many years ago, the state Legislature gave us, the city's legislative body, the authority to reduce fines recommended by the code enforcement board," he told DeVane. "If it's disrespectful to you or others on the board, it's not meant to be. If you can't live with that, I don't think there is any other resolution."

With that, DeVane tossed his letter of resignation on the dais and announced he was on his way out the door to enjoy a round of golf.

Reporter Joyce McKenzie can be reached at (813) 865-4849 or jmckenzie@tampatrib.com.

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