FDOT, train company file complaints after Florida homeowner uses pump to clear yard of flooding

Brevard homeowner cited after flood cleanup

A month after a flash flood swamped hundreds of homes in Brevard County, some residents say they are still struggling to reach their properties — and now one homeowner has been cited for trying to pump water out.

COCOA, Fla. - A Florida homeowner is still dealing with several inches of water nearly four weeks after October showers dropped 16" of rain – flooding his yard, limiting access to his driveway and home.

Sick of waiting and unsure of how long it will take, he bought a pump to get rid of the water himself, which has now drawn complaints from the Florida Department of Transportation and a major train company, leading to more questions about who can help him, what he can do, and questions about who is responsible.

What we know:

The Oct. 27 flash flood brought roughly 16 inches of rain to parts of Brevard County, leaving hundreds of homes inundated with water.

Nearly four weeks later, Richard Durivage’s property is still surrounded by a significant amount of water, blocking his driveway and access to his home. He purchased a small pump to pump the water into a nearby ditch, away from his home.

That decision led to discussions and/or complaints from several overlapping agencies: Brevard County code enforcement, the Florida Department of Transportation, and the Florida East Coast Railway, leaving Durivage in the middle and still with a flooded yard.

"We still can’t access our property, and what’s the citation going to do to fix this?" he asked. 

Both FDOT and Florida East Coast Railway submitted complaints about Durivage and his pump to Brevard County. FDOT complained that the water was pumped onto Camp Road. The railroad was concerned that the water was actually pumped onto their property and allegedly undermined the railroad tracks near his home. 

Durivage is frustrated. He argues that the county, not individual homeowners, should be addressing the flooding.

"This is the county’s domain. They’re responsible for stormwater management. "We’re hoping they can come up with a solution that helps not just me, but other residents on Camp Road as well."

A county spokesperson told FOX 35 that it opened an investigation after receiving the complaints, but by then, the rain had started to recede. No citation was filed against the homeowner, the county said.

The homeowner also disagreed with the complaints, claiming that his pump is too small.

What we don't know:

It is unclear whether the water Durivage pumped caused any measurable impact on nearby properties. 

Officials have not publicly detailed what evidence prompted the Florida East Coast Railway to claim its tracks were at risk, nor have they explained how many other residents may have received similar warnings or fines. 

The county has also not outlined a long-term mitigation plan for the area or provided a clear timeline for lowering water levels.