Code violation citation draws criticism from ‘Community Fridge’ supporters
City says it has attempted to work with the business
A Cape Coral business owner helping feed the hungry has seen an outpouring of support after she received a city citation for having an appliance in front of her building last week.
“It’s something good for the community. Why all of a sudden is there an issue?” Lee County Plumbing and Supply owner Dionne Lopez said about the Community Fridge she installed about five years ago. “The whole city and everybody in the community is in an uproar. I am overwhelmed – grateful – for all the emails, phone calls, and texts messages. The insanity – I am so grateful that everyone is backing me up on this.”
On March 5, a citation was put on the door of the business at 532 S.E. 47 Terrace citing “shelving, litter, and appliances in front of the building.” The Cape Coral Code Compliance Municipal Ordinance Violation stated that the appliance must be stored inside, and garbage thrown away. The citation also stated that failure to comply within five days could result in a citation of $150 if not completed.
Lopez said she is still waiting to hear what is going to happen. As of Monday morning the fridge was still located outside, she said.
“They are bullying people to make them do whatever,” she said. “If there is a code, let’s go by the code. I still don’t know what code has been broken. This is what has been going on – OK for five years and all of a sudden there was an issue.”
The city said it had attempted bring the cited area into compliance before posting the violation notice.
“The recent citation issued to Lee County Plumbing and Supply is related to a Land Development Code violation involving outdoor storage and site conditions at the property, not solely the ‘Community Fridge,'” City Communications Manager Melissa Mickey said in an email Monday morning in response to a query from The Breeze. “The items in question include multiple pieces of equipment and materials that have been stored in front of the business, which is not consistent with the code requirements for that area. Over the past several months, city staff, met with the business owner to proactively seek a solution that would allow the Community Fridge to remain accessible while bringing the property into compliance. City leadership even suggested alternatives, such as relocating equipment to a paved, fenced-in area at the rear of the building, which could accommodate these items and still allow for community-serving uses at the front of the property.”
Mickey said that despite the efforts, the owner has declined to implement the recommended changes, and the conditions on-site have remained out of compliance.
“As a result, and consistent with our responsibility to enforce the Land Development Code fairly and uniformly, a citation was issued. This is not the only property in the CRA area that has been cited for similar issues; Code Compliance has issued multiple violations throughout the district as part of a broader effort to clean up and improve the area,” Mickey said. “The city supports community-based efforts to help residents in need and remains willing to work with the business owner on a solution that both serves the community and complies with City Code.”
Lopez said the Community Fridge is an outlet for people who are in need, as paychecks do not stretch as far as they did once upon a time. It offers a supplement 24 hours a day, seven days a week.
“We don’t ask for names, information, or income. We are helping the community. Taxes are still up on housing. Gas prices are going down, coming up. The food prices are still up. There are a lot of people that unfortunately aren’t making as much money as they need to in order to feed themselves,” she said.
The refrigerator is in front of the building, so people can open the fridge, take what they want, and leave what they want.
Over the years, Lopez has had numerous phone calls saying “Because of you, I ate last night,” or people that were once out on the streets now have a job and are bringing food to say thank you.
“That little bit is enough to supplement them to help them to their next level. Sometimes even that little step helps to get to that next step, she said.
Editor’s note: This story has been updated to include the response from the city.