Vice Mayor Tracy Carroll and her husband, John, have requested a hearing before the Code Enforcement Board to challenge a citation they were issued July 7 for allegedly violating the city’s code prohibiting short term rentals in residential neighborhoods. The Carroll’s case will be heard Wednesday, August 14 at 2 p.m. in the Council Chambers.
If the Code Enforcement Board rules against the Carrolls, they must either pay a fine of $50 to $500 or challenge the ruling in court.
In addition to being in apparent violation of city code, the Carrolls also do not have the state license necessary to engage in a short-term occupancy business, according to a source in City Hall.
Planning and Development Director Tim McGarry, whose department is responsible for enforcing city code, said this is not the first time the Carrolls have come under scrutiny for operating homes they own in the central beach as short-term vacation rentals.
According to McGarry, if the Code Enforcement Board rules against the Carrolls and the do not appeal the ruling to the circuit court, his department may have no choice but to begin fining the Carrolls daily, if they continue engaging in short-term rentals. McGarry said it is awkward for he and his department to have to issue citations against a sitting Council member.
Last summer and the year before, the Carrolls received warning letters from the city. Because this is not the first instance involving the Vice Mayor and her husband, McGarry said his department had no choice but to issue a citation.
Just yesterday, Councilman Richard Winger wrote CIty Manager Jim O’Connor asking him to work with City Attorney Wayne Coment and the city’s Code Enforcement officer to more vigorously enforce the prohibition against boarding houses and short-term rentals in residential neighborhoods.
“I keep hearing from our Legal officer and Code Enforcement officer that they are concerned with keeping the City out of court. I would submit to you that is an incorrect definition of their respective jobs. Their job is to be sure our code and actions comply with law, and then if those codes are violated enforce them vigorously, even if it means prevailing in court,” Winger wrote.
“My family came here in 1971, when there were only 36,000 people in the County. They came because Vero Beach was a special space. It has been kept so, and each of us in government needs to strive to the maximum to keep it so,” Winger concluded.
In an email response to Winger’s letter, O’Connor wrote, “As we discussed Friday the appeal to the code board that is scheduled this month will set the direction on short term rentals and I agree with you if there are violations of city codes we need to enforce the code and determine the penalties necessary to stop the violations.”
Indian River Guardian 
So this hand-picked code board, like the other hand-picked committees, let’s see for whom they work, us or the council.
This situation is proof that the various boards should not be “hand-picked” by the Council…..unless all Council members solemnly swear to follow all the rules, regs, and codes everyone else must follow – and for good reason. Perhaps the Code Enforcement Board should recuse itself. Sure………
My liscense through the State of Florida came before a hefty fine was given to me not from the City but from the State. I guess the next best thing is to send this article to the State Dept that handles transient taxes. I believe I have that address somewhere in the 5 years of paper works that I had to file MONTHLY with the State of Florida. How can she feel she is exempt from abiding by the same code enforced rules that she imposes on anyone else in this city ?
The question is- will the board have the guts to do the right thing. I hope so.. Lets keep Vero a premier city now and tomorrow by enforcing all laws and ordinances. Tracy Carroll should be judged fairly but not given any special considerations because of her position. Letting her off the hook,however, will open the door for many others to game the system. The result will be the end of Vero as we know it. She probably will go to court inorder to delay any final decision until after her re-election attempt ,if she loses here in Vero.