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Magistrate orders owner of 1007 Kelsey Avenue to secure pool barrier within 30 days; $50-per-day fines if not fixed
Summary
The magistrate found the property at 1007 Kelsey Avenue an imminent public-safety nuisance because the pool barrier was not secured, ordered corrective action within 30 days and set fines of $50 per day to begin if the barrier is not fixed.
The City of Oviedo Special Magistrate concluded on Jan. 23, 2025 that the property at 1007 Kelsey Avenue (case CE25-00009) presented a public-nuisance risk because an unsecured pool barrier allowed potential access. The magistrate ordered the respondents to secure a child-proof pool barrier within 30 days and said fines of $50 per day would begin to accrue if the deficiency was not corrected after the deadline.
City staff entered photos and certified-mail evidence showing an unsecured fence and inspection notes documenting service of a notice of violation. The city’s case packet included property-record information, inspection photographs, certified-mail receipts and an affidavit of hand delivery; city staff told the magistrate they had attempted to contact the respondents and had conducted re-inspection due to safety concerns.
Respondent John Lentis told the magistrate he is disabled, has limited financial resources and that his wife recently completed cancer treatment; he said he has sought help from neighbors and prior code-enforcement efforts had arranged for lawn care. The magistrate acknowledged the respondent’s circumstances but emphasized the public-safety risk posed by unsecured pools, referencing past cases where children were injured.
City staff and the magistrate discussed lower-cost temporary measures to secure a pool (for example, commercially available child-safety barriers) and the magistrate instructed staff to provide the respondent with information on acceptable temporary barriers and building-department contact information.
The magistrate set a corrective deadline 30 days from the hearing for the respondent to secure the pool barrier; if the barrier was not corrected by the deadline, fines of $50 per day would begin to accrue. The magistrate said he was not ordering immediate pool repairs because the pool’s condition had not been fully assessed in the hearing record, but he stated that the unsecured fence constituted a public nuisance requiring prompt correction.
The magistrate said the city would issue a written order and mail it to the respondents; city staff offered to provide guidance on lower-cost temporary pool barriers and the building department’s requirements.
