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Magistrate orders fines for unresolved pool condition at 123 Sunset Drive; city says safety concern despite permits in place
Summary
A Massey hearing found Kathleen Berman did not correct a previously ordered pool violation; magistrate imposed fines retroactive to June 20 and the city said it would consider reducing accumulated fines if the property achieves full, prompt compliance.
The City of Cocoa Beach Special Magistrate Lonnie Groot on July 9 found that the pool-related violation at 123 Sunset Drive remained uncured and ordered fines to begin retroactive to June 20, 2025, after a Massey hearing in which the property representative described ongoing repair work and supply-chain delays for windows and electrical work.
Danielle Crawford and code officer Brooke Ochsreder presented the city’s inspection history and stated that, while permits had been pulled and some structural work completed, repeated pool inspections on June 18, June 20 and June 27 showed the pool remained discolored and that the bottom was not visible. Ochsreder reported the pool had been brown, then blue and cloudy, then dark green on successive inspections.
Kathy (Kathleen) Berman’s representatives — including Noel Pearson and others who identified themselves as assisting with repairs — told the magistrate they had ordered windows and bought pumps and chemicals and were renting heavy-duty pumps and working almost daily to remove silt and grit. They said supply-chain delays for custom windows and a need to complete some electrical work before running the pump continuously had slowed progress. They proposed securing the property with a locked gate within 10 days, covering the pool when not actively being pumped, and completing the remaining repairs as product arrival allowed.
Magistrate Groot said the city had previously given deadlines and that the pool condition remained a public-safety issue because visibility to the bottom of a pool is required to detect a submerged person. He ordered a fine to commence retroactive to June 20: $100 for the first day and $50 per day thereafter until confirmed compliance. City staff told the magistrate the city would not support another extension but would consider reducing the enforcement lien once compliance is verified and achieved cooperatively and expeditiously.
The city and the property representatives discussed possible remediation options — daily chemical treatment, hiring a pool company, or more extensive repairs — and the magistrate encouraged the respondents to pursue professional pool services to clear the pool and to secure the site in the short term. The city’s written order will reflect the magistrate’s oral ruling.
