Wilhelmina Randtke

Rank: Civic Crusader Civic Points: 270
  • 2138 Nw 29th Pl Gainesville, FL, 32605, USA - 311GNV Police Sector 1
    The house at 2138 NW 29th Place has an unsecured swimming pool. I live nearby. I have small children, and they sometimes try to get in the pool. They can't swim. 2138 is a whole house vacation rental posted to AirBnB, VRBO, and HomeAway, which is intermittently vacant and intermittently occupied by people who have rented the house like a hotel and are there only briefly. The owner lives in California and does not respond to text messages. The property manager for the vacation rental, Tammy Broxson, has stated that my 4 year old son is trespassing when he's run into the yard and through the gate to the edge of the swimming pool to try and get in the pool, that she is not required to secure the pool, and that she will not secure the pool.
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    I reported the unsecured pool to code enforcement in December 2019. At that time, the gates were hanging open. Code Enforcement left a note on the door. Now the gates are closed, and there is a lock on each gate. For the gate on the west side of the house, the gate and fence post are so far apart that I can walk up and pull lightly on the gate and it opens. So, even though the gate is closed, it's very easy to open it by pushing or pulling and someone doesn't even have to lift the latch to get in.
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    I, or a child, or anyone else can see the swimming pool from the street, walk up to the gate on the west side of the house, pull it open, and walk up to the edge of the pool.
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    The swimming pool is a life threatening hazard, because it's deep water that someone can drown in. The swimming pool needs to be secured.
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    I attached a photo showing that the gate easily swings open and closed even with a padlock on the fork latch.
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    Florida Statutes section 515.29 requires pools to be fenced and have a latch or lock on any gates which can't be operated from outside the gate by children. That law is here http://www.leg.state.fl.us/statutes/index.cfm? App_mode=Display_Statute&URL=05000599/0515/0515.html . Florida Statutes, section 515.29(3) states, "Gates that provide access to swimming pools must open outward away from the pool and be selfclosing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap."
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    Florida Building Code section 424.2.17.1.2 describes requirements for residential swimming pool fencing: "The barrier may not have any gaps, open-ings, indentations, protrusions, or structural compo-nents that could allow a young child to crawl under,squeeze through, or climb over the barrier as hereindescribed below. One end of a removable child barriershall not be removable without the aid of tools. Open-ings in any barrier shall not allow passage of a 4-inchdiameter (102 mm) sphere."
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    Code enforcement can enforce this Florida law requiring a pool to be fenced and the gate to have a lock or latch that cannot be opened from the outside by children. The state law is referenced in Gainesville city code Sec. 13191, "In addition to pool safety standards stated in law and rule, the following shall apply: (1) It shall be unlawful for an owner or occupant to create, maintain, keep or allow the existence of any hazardous condition, equipment, facility or fixture associated with a swimming pool, wading pool or hot tub. Failure to comply with this section shall be a major violation."
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    Code Enforcement declared this compliant with code in CE-18-00468 and CE-19-03359. That's not true. It's not compliant to have a situation where someone can easily walk from the street into a swimming pool and drown.
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    A swimming pool gate which can be pushed or pulled open with light pressure is not compliant because it can be opened from the outside by a small child. That's not safe.
  • 2138 Nw 29th Pl Gainesville, FL, 32605, USA - 311GNV Police Sector 1
    Unsecured swimming pool (no locks nor latches on gates) at 2138 NW 29th Place, Gainesville, FL is dangerous for small children in the neighborhood.
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    This is a 2 story white building with a pool in the backyard. The pool is surrounded by a chain link fence. This fence has 2 gates, which are usually left open, and are not capable of being secured. The gates do not have any lock or latch to prevent them being opened from outside.
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    This is dangerous. It's a big deep pool of water that someone can drown in. It's easy to get at since the gates to the pool are left open at all times.
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    I have small children. The pool is visible through the chain link fence from public areas (visible from near the street). My kids have tried to get at the pool when I've taken them on walks in the neighborhood.
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    2138 NW 29th Place is posted as an Air BnB rental and on numerous other short term rental sites. https://www.airbnb.com/rooms/38580304 https://www.vrbo.com/1803500 https://www.homeaway.com/vacation-rental/p1803500vb https://www.stayz.com.au/holiday-rental/p1803500vb The owner lives in California. I have tried contacting the owner by leaving a video voice message on the Ring doorbell, which is an electronic doorbell and security system to where I can knock on the door and the Ring doorbell will record a video and send it to the owner's phone. I have tried contacting the owner by messaging through the online hotel sites. I attempted to text the owner, but am not sure whether or not I have his correct phone number.
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    The property is managed by realtor Tammy Broxson. Tammy Broxson messaged me back through the online hotel rental site Vrbo and stated, "Please be aware there is no requirement to have a padlock on the gate/fence. It is trespassing to enter the property without permission. Any padlocks installed with be removed and the property authorities. Best, Tammy Broxson"
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    Essentially, the realtor who is managing the rental for the owner has stated that she has no intention of securing the gate with any lock or latch. In response to a description of my 4 year old trying to get at the pool she stated that that's trespassing. (A small child can't trespass.) The property manager won't put a lock or latch on the gate and won't secure the pool.
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    Florida Statutes section 515.29 requires pools to be fenced and have a latch or lock on any gates which can't be operated from outside the gate by children. That law is here http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515.html . Florida Statutes, section 515.29(3) states, "Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap."
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    Code enforcement can enforce this Florida law requiring a pool to be fenced and the gate to have a lock or latch that cannot be opened from the outside by children. The state law is referenced in Gainesville city code Sec. 13-191, "In addition to pool safety standards stated in law and rule, the following shall apply: (1) It shall be unlawful for an owner or occupant to create, maintain, keep or allow the existence of any hazardous condition, equipment, facility or fixture associated with a swimming pool, wading pool or hot tub. Failure to comply with this section shall be a major violation."
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    I don't care if you post my information online, and I checked the box to post my info. I'm not a snitch. I've gone (tried to go) direct to the owner first through several channels. A combination padlock costs less than 10 dollars. For less than 20 dollars, they could make this safe. Instead the official written position of realtor Tammy Broxson acting on owner John Fulford's behalf is that if a 4 year old drowns in a pool that's "trespassing to enter the property without permission". So, to anyone in the neighborhood reading this, I didn't report you and I won't unless you threaten to kill someone including if you are too stupid to know you've threatened to kill someone even when I've explained to you exactly how you are a threat.