Magistrate gives homeowner 90 days to obtain permit for backyard pool built without permits

Special Magistrate Amity Barnard required a Greenacres homeowner to obtain building permits within 90 days after the city established the pool had been constructed without required permits.

Jerry Bernal, a City of Greenacres code enforcement officer, presented the case for a property at 6581 Dillman Road owned by Julio Altador. Bernal said the city mailed a notice of violation in November 2024 and that no permit application was in the city's permit system as of late January. Bernal told the magistrate the city’s packet included photographs dated Dec. 13, 2024, proof of ownership and affidavits of posting and certified-mail notices.

The city requested a $100-per-day fine after a 60-day cure period, citing safety and permitting requirements. Bernal told the magistrate the compliance period originally given was 21 days from Nov. 19, 2024, but the owner had not submitted a permit application.

Owner Julio Altador told the magistrate he had bought a new construction home and that the contractor who installed the pool told him a permit was not required. Altador said the contractor took money and stopped responding. He said he splits time living in the Bahamas and had to coordinate funding and drawings when funds cleared.

Barnard urged Altador to start the permit process immediately and noted that bringing the pool into compliance could be time-consuming because the work was already completed. She said a permit issued by the city was needed to avoid fines and recommended starting the application process as soon as possible.

Ruling and remedy: Barnard entered the city's evidentiary file and found the respondent in violation of the city's code (reported in the record as section 5.1 for pool construction without required permits). She ordered Altador to obtain permits issued by the city within 90 days and said a $100-per-day fine would begin after that 90-day period if the permits were not issued.