If you're staying at the property... then You Should KNow...
Do NOT SIT UNDER THE AUSTRALIAN PINE TREES IN THE YARD!
The owners of the property have been notified that there are decay columns in several of the six trees on the property which present a fall risk, and that the tree that is closest/on the back patio is the most damaged/decayed with an open decay column that measures approximately 6" wide by 8 feet long. It presents a breaking/fall risk, which according to the arborist, could happen at any time, not just during storms.
In addition, there are several large dead branches that also present a fall risk.
The owners of 408 Briny Ave. have refused to remove or canopy trim the Australian Pine trees, citing that they "enjoy their majestic natural beauty", despite all of the trees being recommended to be removed by both arborists. You can read both arborists reports for yourself as we chose to provide them to you. Australian Pine trees are listed as a Category 1 Invasive/Noxious Weed in the state of Florida. We're also providing a resource page regarding these Invasive Trees, so that you can learn more about them.
Based on the facts that we have gathered and the professionals we have hired, it is our collective opinion that prospective and existing short term tenants should be made aware of these dangers to their personal safety, so that they can make an educated decision about how they personally choose to handle the situation.
We believe that knowledge is power, and our only desire is to give people who choose to stay at the property the choice to make their own decisions for their safety by presenting the facts.
The property owners are irresponsible and negligent business owners, by refusing to maintain/remove the Australian Pines on their property - several of which have decay columns that present an immediate safety hazard.
The Australian Pine is an invasive tree that harms the native Florida habitat, contributes to beach erosion, and affects both the nesting of sea turtles, as well as the habitat of the endangered American Crocodile.
What Should We do As Guests?
We can't answer that question for you. That is your personal decision.
If the owners of the property chose to not rent their property and decided to live there themselves, then they would have every right to not do anything about these trees or their decay columns because they would be living there and/or living with the risks on their own.
By the owners choosing to operate a business on their property, renting both the Beach House and the Guest House, they have chosen to be compelled to adhere to a more stringent level of maintenance and to the Rental Housing Code in the City of Pompano Beach, which would make it necessary for them to correct any glaring safety issues in the maintenance of their property.
Short Term Rental Companies
We have notified AirBNB, and VRBO regarding the safety issues of the trees, since they both offer liability insurance to their guests and this would likely present an issue for effective insurance coverage in the event that something happened on the property related to these trees. The owners were put on notice that the Australian Pine trees needed to be removed, and the insurance company could view their decision to not remove the trees as an intentional or reckless act, which may result in a denial of coverage.
BUT... because we aren't "guests" and our issue isn't with any "guests", AirBNB's employees said that this was a complaint against the host themselves, not the property, and recommended that we contact the local authorities/city directly.
We were also told from AirBNB that the only people who can make a difference in how the hosts handle this safety issue with AirBNB or VRBO, is by the guests themselves making that request both to the hosts but also to the company itself.
Please note, that there are also multiple security cameras on the property, despite the listing on AirBNB stating that there are none on site. This is also a violation of AirBNB's privacy policy.
Links provided to both:
Code Violations/Ordinances
The city of Pompano Beach was recently notified (11/23/22) about the safety hazards of the Australian Pine trees and their decay columns as they issue short term rental licenses, and this existing condition represents at least one code violation as part of the Rental Housing Code.
We received emails that the City of Pompano Beach was "working on this" and several city officials were copied to the email in mid-December 2022, and then we received a phone call from the city urban planner just after Christmas. This is an ongoing situation.
The property owners were cited on 3/1/2023 for un-permitted work on their roof (they have since rectified that and the roof work was completed with a permit), but they still have open permits related to the tree safety and construction work done at the house previously that was un-permitted. They also have another unresolved issue regarding their HVAC system.
UPDATE as of 12/20/2023: One of the trees closest to the beach was DEAD for months and was finally removed at the request of the city. It appears that there are several more large dead branches and/or dying trees, which may help to explain the crazy amount of cleanup we have had due to high winds & excessive rain in the past month or two. We are hoping that the city continues to stay involved in this property's maintenance. At the last update we received from the city, there were still unresolved permit issues related to the previous work that was done without permits.
We will update the site when we receive any additional reply from the City or are notified of any additional updates.
§ 153.19 MINIMUM STANDARDS FOR MAINTENANCE OF PREMISES.
(A) The premises of all buildings and/or structures governed by this chapter shall be kept free of all nuisances, and blighting influences as defined in § 96.26(B) of this Code, and also free of any hazards to the safety of the occupants, pedestrians and all other persons utilizing the premises and of all unsanitary conditions.
408 Briny Ave Pompano Beach FL 33062