Friends of Frank Giglio seek justice and funds to save his land from foreclosure
by Debbie Webb

(Plain Press, December 2009) The demolition of the home of W.14th Street resident Frank Giglio is approaching its first year anniversary. Giglio, a long time Tremont resident known for his gardens and yard sculptures, has owned the property at 2288 W. 14th Street for over 20 years. A very private man, he has had several run-ins with the building and housing department. By all accounts, including those of the City of Cleveland, he met his obligations to repair his home. There are rumors and speculation about why the demolition of his home took place, but a close examination and investigation into how it occurred needs to happen. This saga has been covered by the Plain Press, the Plain Dealer, and the Cleveland Scene, as well as witnessed, photographed and videotaped by several people.

A look back at the reported facts show that 10 years ago, the City of Cleveland used heavy equipment to bulldoze his yard, leveling his organic gardens and destroying his car. A hearing was pending in Housing Court, and the order to demolish, or clear, his gardens had not been signed by a judge, but the yard was bulldozed anyway.

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On another occasion, Giglio was arrested on a warrant from the Housing Court for violations when repairs were not completed in the timeframe ordered by the Court. The repairs included a leaky roof and peeling paint. Giglio was held on a $1,000,000 cash bond, a condition usually reserved for violent crimes such a rape and murder. His dog was impounded and put to death.

Giglio made the repairs, replaced the roof, gutters, and painted the house. He continued to be under the gun, and somehow Building and Housing obtained a warrant to inspect the interior. The citations were issued, and at some point, Giglio was evicted from his house and the house boarded up. The citations included not having an electrical outlet on each wall and a flea infestation. An exterminator for fleas was called out, but did not find a problem. The house was cleaned, but the problems with the City continued.

The Cleveland Building and Housing Department insisted on demolition. The house being a historic structure in a historic district went before the Landmark's Commission. A member of that panel, living in Tremont, stated that the house was in good condition and should not be demolished. In August 2008, members of the Landmarks Commission toured the interior of the house and determined the structure was indeed sound and should not be demolished. The inspection noted a solid house with good floors and a newer roof.

Three months later, the Landmarks Commission reversed itself, using the justification that while the house was sound, the owner may not have the resources in the future to maintain it. The demolition order had expired but, disregarding that, and with unusual speed, the city send out the bulldozer and the house was demolished on December 9, 2008. Giglio was now without a home.

Currently, again with unusual speed, a foreclosure on property taxes owed has been issued, while tens of thousand of dollars of unpaid taxes go without this process on property within a few miles.

It is clear that City services were used to target this man, that the judicial and civil rights processes were circumvented in this process, and that a full investigation needs to occur. It is noted that the lead inspector on this case, Rich Huberty, has been sentenced to prison after being found guilty of accepting bribes to place citations on buildings that lower their value and removed the citations after they were sold.

The property is adjacent to the planned new freeway ramp, sits across the street from a planned Cleveland Clinic Wellness Center and is in a neighborhood where complaint driven housing code enforcement is being conducted aggressively.

This location, combined with interviews and public statements by Councilman Joe Cimperman (in which he repeatedly contradicts himself), the city’s circumvention of due process, the use of city departments and services, and the involvement of Tremont West Development Corporation have all combined to fuel speculation that Giglio and his home may have been targeted. In the past year, two other Tremont homeowners found demolition notices on their homes. One has retained legal counsel, and the other was able to show that an interior inspection had not occurred which is what the demolition order was based upon. It is unknown if other residents have had this happen in the last year.

A fundraiser to help Frank Giglio pay his taxes is scheduled for Sunday, December 6, 2009 at the Zion UCC Fellowship Hall on 2716 W. 14th Street (the church with the red doors) from 2 to 5 PM. Organizers of the event hope to raise enough money to forestall the foreclosure, and plan future fundraising to cover legal expenses of bringing civil rights violation charges.

Editor’s Note: The Cuyahoga County Auditor’s Office records indicate that delinquent taxes on Frank Giglio’s property total $1,041.66. However, demolition charges are being levied on the property in the 2009 Property Tax bill, due for payment in 2010. The 2009 tax bill with the demolition charges amounts to $16,091.32, this will bring the new total balance due in 2010 to $17,132.98.

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