Code Enforcement - Regular Meeting

Tuesday, July 28, 2026

The Marco Island Code Enforcement Magistrate addressed several code violations, including solid waste disposal, work without permits, and property maintenance. The magistrate issued fines and compliance orders for most cases, with one case dismissed and another receiving a reduced fine due to the property owner's efforts.

About this meeting

Government Body
Code Enforcement
Meeting Type
Code Enforcement
Location
Marco Island, FL
Meeting Date
July 28, 2026

Transcript

180 sections

0:01 – 1:40Speaker 3

Good morning. My name is Robert Prent. I'm an attorney. I will serve as the special magistrate for the code enforcement hearings today. My task is to hear testimony and any other evidence and to make findings of fact and conclusions of law based upon the evidence that I hear today or see today, and then to make a determination as to whether or not the respondent is guilty or not guilty. and then to issue an order based upon the evidence that comes forward today. The city attorney, Joe Natello, will be announcing the order of the hearings and announce each case. I will then take testimony and evidence from the city's representatives, then from the respondent or the respondent's representatives. All testimony must be taken under oath by statute So I am going to administer the oath right now. So anybody who thinks that they may say anything to me concerning any of the cases today, please raise your right hand and take the oath. Do you swear or affirm that the testimony you give in any case today will be the truth, the whole truth, and nothing but the truth? Thank you. I think we're ready to proceed with the agenda for today. It looks like we have a fairly short agenda. That doesn't necessarily mean it'll be a short meeting, but let's go ahead and call the cases.

1:41 – 1:52Speaker 2

Good morning, Mr. Magistrate. Joe Nutella for the City of Marco Island, starting with letter C as in Charlie on your docket. 835 West Elkham Circle, 261021. Okay.

1:58 – 2:09Speaker 3

And do we have somebody here for that case, sir? We try to take the cases where somebody appears first, so apparently that's what we're doing here. Good morning.

2:09Speaker 4

Good morning, how are you?

2:13 – 3:02Speaker 4

John Negra, code enforcement officer with the Marco Island Police Department. Address of the violation is 835 West Elkham Circle, which is within the city of Marco Island. On April 24, 2026, I observed the code enforcement violation regarding solid waste disposal and recycling, which is a violation of the Marco Island Municipal Code. Following photos of the violation are an accurate account of what I observed that day. All right, what we have is a garbage dumpster in the back of a condominium complex without the front doors, which are required by ordinance.

3:02Speaker 3

Are the doors gone or just open?

3:05 – 4:28Speaker 4

Doors are gone. They're not there Okay, I subsequently issued a notice of violation for violating ordinance 30-1 0 1 2 subsection B subsection 1 the compliance date of June 24th 2026 Follow-up inspections were conducted on June 25th July 9th July 16th and July 24th which revealed that the location was still in violation at that time and It's a photo from the 24th of July. OK, the following paperwork was administered to the case. It's the original notice of violation. Thank you. Posted notice violation. The affidavit of violation. Okay. Affidavit of posting. Notice of hearing.

4:36 – 4:58Speaker 4

Post the notice of hearing. And the certified mail documents. There's no history on this location for this same offense. And as of checking yesterday, no permit had been applied for through the City of Marco Island for the installation of the doors on the dumpster enclosure.

4:59 – 5:10Speaker 3

That's all I have, sir. Okay. Sir, it's your turn. Give your name for the record.

5:11 – 5:24Speaker 1

My name is Norm Miller. I'm the president for the Association of 835 West Elkem Circle. Adriatic, condominium. I am sorry that we didn't get anything.

5:24Speaker 3

Hang on one second. We're trying to get, oh, yeah. It's not your fault.

5:33 – 6:30Speaker 1

Okay. Get to it a little closer. Okay. Good. I have documents of, I've hired somebody already, but they have not applied for a permit yet, and I tried to get documentation of the permit, and I didn't get anything yet. I signed a contract on 6-8. That's the deposit I made. And that's the signature. I'm not sure when they're going to get it done. I'm still waiting on them to get me more information on why it's not done. So that's all I have. We're trying our best.

6:33Speaker 3

You're not contending that it's not a violation. You're contending that you're trying to get it taken care of, but have not been able to yet. Is that correct?

6:40 – 7:15Speaker 1

Yeah, I'm going to get it taken care of. It's been this way for 30 years, but I'm trying to get it done. And you can't see it from the road. The doors are facing the building, and it's like nobody can see it unless they get on our property. But that still doesn't mean that we're not in violation. We still want to do what we can to... Make it right. Okay. It never had any doors for 30 years and I want to be in violation. I want to be in You know do what we need to do. So we're not in violation here. So that's all I have.

7:15Speaker 3

Okay. Thank you Anything further from the city?

7:19Speaker 2

Nothing further from the city.

7:22 – 7:40Speaker 3

Uh Sir we do want to put your documents into evidence and If you can leave them here, the administrator, the clerk, will make a copy of them and give you back a copy.

7:40Speaker 1

I don't need it.

7:41Speaker 3

Oh, you don't need it? Okay, fine. I can't read the name of the company. Is that the name of it, and security, or is there something else in the top?

7:52Speaker 1

Precision gate.

7:53 – 8:45Speaker 3

Yeah, just pull it down a little bit. Okay, precision gate and security. Yeah. And... June 8th of 2026, you put a deposit down. Okay. If there's nothing further from either side, I'll go ahead and make a determination. Based upon the testimony and the evidence presented in this hearing, I find as a matter of fact that the conditions described did exist and do exist at the location and on the dates and times testified to. I conclude as a matter of law, the conditions alleged do constitute a violation of the ordinances of the city of Marco Island. The finding is guilty. Let's talk about any penalty or order.

8:51Speaker 2

So the city's seeking compliance, and by compliance meaning issuance of a permit. And we'd like to give 60 days to obtain the permit. How many? 60. 60?

9:02Speaker 3

60 more days?

9:03Speaker 2

60 days to obtain the permit. OK. And as far as the violation, $250 fine and $50 costs.

9:12Speaker 3

And the cost being how much?

9:15 – 9:29Speaker 3

OK. And why 250? Is that a one-time fine?

9:30Speaker 2

This isn't a work without a permit issue. There's flexibility there.

9:41 – 9:56Speaker 3

Yeah, I'm struggling a little bit because of the findings. Lost my place here in the statute.

9:56Speaker 2

Let me make it easier for you. 150.

9:58 – 10:34Speaker 3

Gravity of the violation. Yeah, 150. Yeah, gravity of the violations, actions taken by the violator to correct. Gravity is kind of somewhere in the middle. Asserted the maximum is 250 per day. Any actions taken by the violator, I think they have taken an action. And there are no previous violations. I would be inclined to make it 150, 60 days to get a permit, and 30 days thereafter, did you say?

10:35Speaker 2

We're just going to put the one condition on it, the obtaining of the permit. Once he obtains the permit, it will be in compliance as far as we're concerned.

10:41Speaker 3

Oh, that's okay. 60 days to get a permit. Otherwise, a fine in the amount of 100?

10:45Speaker 2

$100 per day.

10:47 – 11:45Speaker 3

Per day. So sort of that can add up. It's amazing how fast $100-a-day fines add up, so don't let that happen. So that will be my order. It will be $150 plus costs, 60 days to correct the violation by getting a permit. And that would be it. Did that make sense early in the morning? Okay. Okay, thank you. Thank you for coming in. It was worth a little bit coming in because when we look at the amount of the fine under the statute, I have to make those findings. And if nobody shows up, then they haven't done any actions. So you did an action. You saved $100 at least. Okay, thank you. Thanks for coming in.

11:47Speaker 2

Next up is letter D as in David, case 26-1258, 1361 Andalusia Terrace.

11:58Speaker 3

And I don't see anybody here to defend.

12:03Speaker 2

This gentleman is here to defend.

12:05Speaker 3

Oh, I'm sorry. You're here to defend?

12:06Speaker 2

You go second.

12:08Speaker 3

I thought you were code enforcement. I'm sorry. I saw the blue shirt. I didn't...

12:15 – 12:31Speaker 5

Morning, Mr. Administrator. Keith Richter, Code Enforcement, Marco Island. This is a citation issued by Officer Prigge for an electric scooter in the park. I can show you these.

12:40Speaker 2

Mr. Richter, could you slide that up just a little bit so we can see the bottom? See the officer's name?

12:51 – 13:10Speaker 5

I can only offer the service, but I cannot offer any Testimony on what office pretty did he's not available today His attendance was requested I'm sorry his attendance was requested and

13:19 – 13:34Speaker 3

So what this is is a citation for having an electric scooter in a park. How is that against the regulations, the ordinances of Marco Island?

13:36Speaker 5

I don't have the ordinance in front of me.

13:39Speaker 3

34-3. Yes. Q3B. And that is prohibited in parks, is that correct?

13:53Speaker 2

One second, please.

14:00 – 14:11Speaker 3

Could you keep that on? Just take a look at it, if you don't mind. And pull it down just a little bit. Is that 34?

14:11 – 15:00Speaker 2

34-3-Q-3-B. So this is traffic regulations within parks. And Q3B is operation of bicycles on public sidewalks, crosswalks, and intersections. B, operator of said bicycles and electric bicycles shall obey all applicable city and state laws. Was this a scooter or a bicycle? The city's going to dismiss the case. I'm sorry? We're going to dismiss the case.

15:00Speaker 3

Okay, sir. This is your lucky day. They're dismissing the case at this time. Thank you.

15:07 – 15:34Speaker 2

Thank you. Have a good day. Thank you, sir. I do. Brief recess?

15:43 – 16:21Speaker 2

We're back. letter a has been removed from the docket letter B has been removed from the docket so that brings us up to ease an echo okay twenty six zero seven two two four fifty two Barcelona court okay so this time I think I'm correct and there's nobody here to defend

16:22 – 17:25Speaker 3

at least at this point. Did you receive anything from anybody, Mr. Negra? No, I did not, sir. Thank you. Again, for the record, sometimes we do receive a defense packet or a letter or something. That's why I usually ask, or usually you send it and bring it with you. Thank you. You ready? Sir? Oh, okay.

17:26 – 19:22Speaker 4

John Negra, code enforcement officer with the Marco Island Police Department. The address of the violation is 452 Barcelona Court, which is within the city of Marco Island. On March 26, 2026, I observed a code enforcement violation of work without a permit, which is a violation of the Marco Island Municipal Code. Following photos of the violation or an accurate account of what was observed, Okay, we have, if I can explain it, we have a dock here that was installed without a permit. Just the small dock in the back that runs parallel to the wall. We also have a boat lift here, the exterior boat lift. There's two at the address. That was installed without a permit as well. Okay. Subsequently issued a notice of violation for violating ordinance 105 point 1 and 6 point 1 1 1 with the compliance date of May 30th 2026 follow-up inspections were conducted on June 20th July 5th 16th and 27th which revealed that the location was still a violation and Photo from the 26th shows the dock still there and the lift still on scene. Okay. An application for a permit has been submitted by the homeowner, but it has not been completed at this time. And it was about 20%. I believe it was 20% completed. Okay. The application? Correct. Its application is still in review, and it was submitted on April 13th. The following paperwork was administered to the case. That's the original notice of violation.

19:27Speaker 3

So it's one violation for both? Correct.

19:31 – 20:09Speaker 4

OK. Posted notice of violation. Affidavit of violation. Affidavit of posting. Notice of hearing. Posted notice of hearing. and the certified mail documents. There is no history at this address for same violation. And that is all I have at this time.

20:09 – 20:54Speaker 3

All right, thank you. There not being anybody here to make a presentation, I will admit the exhibits into the record. Based upon the testimony and other evidence presented in this hearing, I find as a matter of fact that the conditions described did exist and do exist at the location and on the dates and times testified to. I conclude that as a matter of law, the conditions alleged constitute a violation of the ordinances of the City of Marco Island. So the finding is guilty. What is the recommendation for a penalty or other order?

20:56 – 21:31Speaker 2

I see that they have at least applied for something and there are no other violations so kind of two out of three favor them a little bit but it's not done yet so the fine is $250 that's the standard for fine that's the code ordinance defined fine for building without a permit and $50 costs They've applied for the permit, so there's going to be no conditions as far as that goes. So just straight $250 fine, $50 cost.

21:31Speaker 3

Okay. That's certainly fair, just, and reasonable. And in accordance with the statute, that will be my order. Thank you.

21:41Speaker 2

Senator Casey, you're on.

21:53 – 22:45Speaker 3

All right, I tell you what, let's reopen because the- Sir, are you here on this 452 Barcelona Court? Michael Austin Wheeler? Okay, let's reopen the case then. Thank you. For the record, everything that has been done so far concerning any findings or penalties will be removed and we'll reopen the case because Mr. Wheeler has just now come to the case. I would ask that we, I know it'll take a few minutes. Sir, come on in. All testimony has to be taken under oath. So do you swear that any testimony you give today will be the truth, the whole truth and nothing but the truth.

22:46 – 23:01Speaker 3

OK, sir. I need to have Mr. Negres start all over. We're going to start the case all over for you, sir, so you know he will testify first. Have a seat right there. And then we'll listen to anything that you have to say, OK? All right. All right.

23:22 – 23:56Speaker 4

OK. John Negra, code enforcement officer with the Marco Island Police Department. Address of the violation is 452 Barcelona Court, which is in the city of Marco Island. March 26, 2026, I observed a code enforcement violation of work without a permit, which is a violation of the Marco Island Municipal Code. Following photos of the violation are an accurate account of what was observed on that date. Okay, what we have is a dock and a lift installed without a permit. We have a small dock here that runs parallel to the seawall.

23:56Speaker 3

And that's on the right side of the main dock, is that correct?

24:00 – 24:52Speaker 4

Correct. And the outside lift here, which is installed without a permit, the residence has two lifts. I subsequently issue a notice of violation for violating Ordinance 105.1 and 6.111 with a compliance date of May 30, 2026. Filed inspection were conducted on June 20th, July 5th, July 16th, and July 27th, which revealed that the location was still in violation with the additional photo taken on 16th showing the lift and the dock still in place. An application for a permit has been submitted by the homeowner. On April 13th, it is still in review per the building department.

24:53Speaker 2

Mr. Nagger, can you just clarify for me? Oh, I see the 26. OK, I'm sorry.

24:57Speaker 3

Yeah, it's underneath.

25:00Speaker 2

I thought he applied for the permit six years ago. All right.

25:06 – 25:57Speaker 4

The following paperwork was administered to the case. It's the original notice of violation. OK. Posted notice of violation, affidavit of violation, affidavit of posting, notice of hearing, posted notice of hearing, and certified mail documents. Okay, there is no history at the location for the same fence, and that is all I have, Mr. Magistrate.

25:58 – 26:35Speaker 3

I didn't want to interfere with your flow there, but would you go back to the handwritten notice of violation? I wanted to look at the remarks again. Okay, to obtain the necessary permits. All right. Mr. Wheeler, it's your turn. Just give your name for the record.

26:36 – 27:31Speaker 6

Michael Austin Wheeler. All right. I hired a Imperial to do the removal of the lifts that are there and the dock They said that they submitted everything they got the permit approved, but then they requested more information about the plumbing and then They turned in the information saying there's no plumbing It's just electrical and so they're waiting for it to get approval in the permit to get released. Do you know when they did that? The original I don't know. It was right when I first got the notice. So I texted Carlos from Imperial a day or two after getting the notice. We came up with a plan for the doc. He submitted it. They did not give me a date for when that happened. All I have is a letter from them stating what happened on their end. Should I put that up here?

27:31 – 28:33Speaker 3

Yes, anything you want to submit. Okay, so that's, could we move that back out? Not you, I guess. Yeah, move it back out so I can read the top of it. There, thank you. Okay, so on 7-24-2026, there's a letter saying good afternoon, confirming the status. If you had a chance to read that, everybody. Thank you. Okay, thank you, sir. Anything else?

28:34Speaker 6

We have a signed contract with them to get the work done. I put down a deposit for it.

28:41Speaker 3

That's your contract?

28:43Speaker 6

Yep, to have the lift removed, the floating dock removed, and then they're going to install a couple different jet ski lifts.

28:52Speaker 2

Sir, what stage of the permit process are they in right now?

28:56Speaker 6

They have an email from them. They said it got approved and signed off everybody except for one person wanting more details.

29:06Speaker 2

So the final inspections except for one have been signed off?

29:10Speaker 6

They haven't done any work yet, no. They're waiting for the city to release the permit.

29:15Speaker 2

So the permit is pending one signature. That's what it sounds like.

29:19Speaker 6

I have another email from them that might detail it more than the letter they wrote.

29:37Speaker 2

If you could, when you get a chance, if you could forward that to code officer Negra so we can add that to the file.

29:42 – 30:11Speaker 3

OK. And now, what I'm looking at at the top, it says regarding 452 Barcelona Court, Imperial Marine Construction. And then, Mr. Wheeler, thank you for the update. I just wanted to identify it. And if Martin could pull that back just a little bit again, I'm looking to see what the date is on this. Is that today, today's date?

30:11 – 30:29Speaker 6

This was when they did the letter they wrote up a couple days ago. I got back into town on Friday and saw the notice for this hearing. That's when I found out that the permit hadn't been approved yet. So that's when I contacted Imperial to try to figure out what the holdup was.

30:33Speaker 6

I'm not familiar with how the whole permit process goes. I just assume they handle it all when I hire them.

30:40Speaker 3

Okay, anything further? Nope. Anything, any remodel, anything back from the city, no?

30:49Speaker 2

Nothing further in the city.

30:51 – 31:06Speaker 4

Mr. Nagger, nothing further? So I could add that Mr. Wheeler has been in contact with me. He has stayed in contact and asked about the case and whatnot. He's been very cooperative, should that help. Thank you.

31:07Speaker 3

Yes, sir, any closing arguments?

31:10Speaker 2

No closing arguments other than I wanted to adjust something once we get to that point in the process.

31:19 – 31:52Speaker 3

Okay. Well, based upon the testimony and evidence presented in this hearing, I find, as a matter of fact, that the conditions described did exist at the location and on the dates and times testified to. I conclude that as a matter of law, the conditions alleged do constitute a violation of the ordinances of the city of Marco Island. So the finding is guilty. But let's talk about any further orders on that. What is the recommendation of the city?

31:53Speaker 2

So the city is going to reduce its requested fine to $150, and $50 costs.

32:00 – 32:53Speaker 3

The maximum fine, sir, is... $250 and $250 per day for any days of noncompliance. And the city is also authorized to assess costs of prosecution and going out for inspections and so on and so forth. The maximum fine, again, is $250, and the city is recommending taking it off to, taking it down to $150, is that right? Which is $100 less than when you walk through that door, because we had already assessed a fine of $250, so that will not be, it will be $150 and $50 costs. Just to wrap it in a

32:57Speaker 2

neat little package so compliance being defined as obtaining the permit so once you obtain the permit it's in compliance.

33:10 – 33:23Speaker 6

Once the building department releases the permit where it's approved and active, you're good to go with the work.

33:34 – 33:59Speaker 3

After that, the building permit or whatever they call it, the building construction permit laws go in or ordinances go into effect. So you saved $100 by coming in and walking through the door just when you did. Make sure that they have a picture, they can take a picture of that building The thing you sent on your phone. Okay. Send it to me.

34:00Speaker 4

Send it to me.

34:01Speaker 3

Because they need to have that in the record.

34:02Speaker 6

Okay. That's it.

34:03Speaker 3

Okay. Thank you for coming in.

34:05Speaker 6

Thank you. Thank you. Appreciate it. Everyone, thanks. Okay.

34:08 – 34:22Speaker 2

Okay. So letter F is in Frank has been taken off the docket. Moving us to letter G is in Gulf. Case 261519. John, I'm sorry. Did you need to speak to? No, I didn't. Okay. All right. Case 261519, 635 Rockport Court.

34:29Speaker 3

Mr. Negri, it looks like you're the only one here for the city.

34:33Speaker 4

I'll be presenting this case for Officer Hopstetter. He's unavailable today.

34:45Speaker 3

OK. Proceed when you're ready. OK. This is J, right?

34:50 – 37:02Speaker 4

Correct, sir. OK. All right. John Negro, a court-enforced officer with the Marco Island Police Department. Addressed to the violation is 635 Rockport Court, which is in the city of Marco Island. On June 4, 2026, Officer Hopstetter observed the court-enforced violation of staging with no permit on a vacant lot, which is a violation of the Marco Island Municipal Code. Following photos of the violation are an accurate account of what he observed that day. Apparently the company is using the vacant lot to stage at another location. They're offloading equipment. I have a crane on the scene. As well as workers. officer hops that are issued a notice of violation for violating ordinance 30 there's 793 subsection 2 and I at that time following paperwork was administered to the case you know it's a violation okay any remarks I think, Martin, if you could zoom out a little bit. OK, thank you. Posted notice violation on the vehicle of the workers. The vehicles on the premises, is that correct? Yes, correct. Affidavit of violation. Affidavit of posting. We've got notice of hearing, posted notice of hearing, and the certified mail documents. Okay, no history for this violation for contractor Blue Marlin Marine. That's all I have at this point.

37:03Speaker 3

Okay, I don't see anybody here to defend. You did not receive a letter or notification or any defense packet, is that correct?

37:12Speaker 4

No, sir. Okay. Correct, sir. Yes, I did not receive anything.

37:17Speaker 2

Mr. Nagra, I have a question. Sir. And I'm sorry if I missed it. They are in compliance now?

37:23Speaker 4

They left the lot. Yes, they left the lot that day.

37:27Speaker 2

Okay. All right.

37:31 – 37:45Speaker 4

You mean they took the crane and all of that? They removed everything, yes. The crane can be moored to the seawall. That's not a violation. Once they use the property, that becomes the violation.

37:47 – 38:18Speaker 3

Okay. I'll admit the exhibits and evidence. I find that based upon the testimony and other evidence presented in this hearing, as a matter of fact, the conditions described did exist at the location and on the dates and times testified to. The conclusion of law is that the conditions alleged do constitute a violation of the ordinances of the city of Marco Island. The finding is guilty. Do we have a recommendation as to any penalty?

38:18Speaker 2

Yes. So the city is seeking a finding effect, which you just gave. No fines, but $50 costs.

38:26Speaker 3

It's a good thing they got off the property very quickly then.

38:34Speaker 2

That's the whole reason why. Yeah.

38:36Speaker 3

Okay, that will be the order. So all you're going to be responsible for is $50 cost. Thank you. Thank you, sir.

38:47Speaker 2

Next up is Letter H is in Hotel, Case 26-1545, 960 Olive Court.

39:17 – 40:29Speaker 4

Okay, when you're ready go ahead and proceed John Negra code enforcement officer with the Marco Island Police Department address the violation is 960 Olive Court, which is in the city of Marco Island on June 9th 2026 I observed a code enforcement violation of pruning maintenance and removal of vegetation, which is a violation of the marker line municipal code Following photos of the violation or an accurate account what I observed that day. I What we have on the property are multiple dead trees here in the front, the large palm, and this other dead tree on the side of the home. I subsequently issued a notice of violation for violating ordinance 30-434C, the compliance date of June 15, 2026. Follow-up inspection was conducted on June 16th, July 1st, excuse me, and July 16th, which revealed that the location was still in violation. Additional photos were taken on the 16th, showing the same two trees in the front.

40:31 – 40:53Speaker 4

Same dead tree Following the paperwork was administered to the case You notice a violation It's kind of hard to read but

40:55Speaker 3

Is it just for the dead tree removal?

40:59Speaker 4

It was also an issue for encroachment. The encroachment issue has been abated.

41:05Speaker 3

So we're only proceeding on the- So they weren't cited for Brazilian pepper? It kind of looked like a Brazilian pepper behind it.

41:12Speaker 4

Yes, that is a separate issue. Oh, OK. But they were not cited in this case?

41:17Speaker 3

No, we're not taking it here.

41:24 – 41:51Speaker 4

Posted notice of violation, affidavit of violation, affidavit of posting, notice of hearing, posted notice of hearing, and the certified mail documents. And may I add, there's no history at this location for the same offense. And that is all I have.

41:55Speaker 3

And again, have you heard anything from the alleged violator?

42:00 – 42:17Speaker 4

Apparently there is an attorney who is executor of the estate, the gentleman that lives in the home. The home has apparently been vacant for some time, and the attorney had contacted our cone enforcement employees, stating they will be taking care of the issues in the future.

42:17 – 43:02Speaker 3

All right. I'll admit the exhibits into evidence And again for the record the attorney has not is not here either. So nobody's here Anything else from the city Based upon the testimony and other evidence presented in this hearing I find as a matter of fact that the conditions described did and do exist at the location and on the dates and times Testified to I conclude that as a matter of law the conditions as described do constitute a violation of the Code of Ordinances of the City of Marco Island. So the finding is guilty. What is the recommendation for any penalty?

43:03Speaker 2

$150 fine for each violation, so $300 total, $50 costs.

43:12Speaker 3

Cost of prosecution, is that correct? Correct. So there are two violations on this, is that correct?

43:22Speaker 4

There's only the one, Joe. The encroachment issue was alleviated. Oh, I see. That was abated. So we're dealing with only the pruning maintenance.

43:29Speaker 3

So it would just be a $150 fine?

43:31Speaker 2

$150 and $50 cost of prosecution.

43:34Speaker 3

Okay. Anything further on that as far as how long to take care of the violations?

43:44 – 43:59Speaker 2

Something like this is not something the city would take the initiative in remedying itself? Yeah, let's do 30 days to take care of the violation or $100 per day fine.

44:00 – 44:51Speaker 3

Yeah, I think that makes more sense. I mean, the other option is if you don't do that, then you just have to do another violation, notice of violation after this is closed out. So, yeah. So I think that makes sense. So $150, $50 cost, 30 days to correct the violation. I'm going to make that 45 days. I'm going to tell you why in a minute. 45 to correct violation. And failing that, it would be a $100 per day fine. The possibility that there's... a death and an attorney and so on involved might mean that it'd take a little more time clear throughs, whatever they have to clear us.

44:52 – 45:05Speaker 4

If I could clarify, it's not, there hasn't been a death at the property. The gentleman that owns the home is in an assisted living. Okay. So the attorney has power of attorney for the home.

45:05Speaker 3

Same thing, but not a death. Thank you. Thanks for clarifying that. You're welcome, sir.

45:09Speaker 2

45 days is still fair. I'm good with 45 days regardless of this new information. Right.

45:15Speaker 3

Okay. So it'd be 45 days to correct. Thank you. Thank you, sir.

45:22Speaker 2

Next up is letter I is in India, case 261546 for 960 Olive Court.

45:48 – 48:36Speaker 4

Okay. Officer Negra. Mr. Negra, code enforcement officer with the Marco Island Police Department. The address of the violation is again 960 Olive Court, which is within the city of Marco Island. On June 9th, 2026, I observed two code enforcement violations of litter and debris and public nuisance, which are violations of the Marco Island Municipal Code. Filing photos of the violations are an accurate account of what I observed that day. Okay, what we have is sand and debris on the sidewalk creating a slip and fall hazard, discarded chairs in the front of the home, and piles of debris on the side of the home. Subsequently issued a notice of violation for violating ordinance 18-36 9 and 18-36 4 with the compliance date of June 15th 2026 File inspections were conducted on June 16th July 1st and July 16th, which revealed that the location was still in violation Photos from the 16th of July Showed chairs still in place The sidewalk still remains with the debris. And additional debris at that time was also piled in front of the house. The following paperwork was administered to the case. It's the original notice of violation. OK. Posted notice of violation, affidavit of violation, affidavit of posting, notice of hearing, posted notice of hearing, and the certified mail documents. There is no history on the home for any of the current violations. And once again, may I state that the attorney has been in contact with our code enforcement employees stating that they will take care of the violations. The home is that of an elderly gentleman who in turn is in an assisted living at this point. That is all I have, sir.

48:43 – 49:14Speaker 3

Based upon the testimony and other evidence presented in this hearing, I find, as a matter of fact, that the conditions described did and do exist at the location and on the dates and times testified to. I conclude that, as a matter of law, the conditions alleged do constitute a violation of the code of ordinances of the city of Marco Island, so the finding is guilty. What is the recommendation for any penalty?

49:14Speaker 2

A $150 fine per violation.

49:18Speaker 3

There are two violations here?

49:22 – 49:45Speaker 2

$50 cost of prosecution, 45 days to comply, or $100 per day. I thought the 45-day choice was particularly brilliant on my part.

49:45 – 50:25Speaker 3

45 days to comply, right? Like the other one, right. Fast learner. Okay, so that would be very similar to the last one on this same matter, same property. So the recommendation is accepted, and it will be $150 fine. times two, that's $300 total for the two violations, $50 cost, 45 days to comply, otherwise a fine in the amount of $100 per day for every day of noncompliance thereafter will be imposed.

50:26Speaker 4

Thank you, sir.

50:30Speaker 2

Next up is a letter. M as in Mike. I'm sorry. Letters J, K, and L as in Lima have all been removed from the docket.

50:45Speaker 3

This is a certification order.

50:49Speaker 2

Right. Letter M is in Mike. It's certification 26, case number 260604.

50:54Speaker 3

Okay. 1710 Canary Court, Federoff O'Neill Home Builders, Inc.

50:59Speaker 3

Yes, sir. Go ahead.

51:01 – 51:13Speaker 5

Magistrate Keith Richter, Code Enforcement, Marco Island. As you said, certification order for the Federoff O'Neill Builders. This is an original order.

51:14Speaker 3

And this would be for the imposition of a fine?

51:25 – 51:37Speaker 3

Could you go back to the page before that? I wanted to look to see what I OK. 28, notice of hearing.

51:45 – 52:14Speaker 5

certified mail and then the The amount is there's a $500 one-time fine $50 cost of prosecution and Per diem fines of three Three thousand three three thousand three hundred dollars so the total is three thousand eight hundred fifty dollars was there a per diem fine and

52:15Speaker 2

Yes, sir. And the case is still not in compliance?

52:23Speaker 5

Correct. No, the case is compliant on 6-10.

52:31Speaker 2

So it is compliant?

52:34Speaker 2

They just haven't paid the fines?

52:36Speaker 5

Right. The fine, the cost, and the per diem have not been paid.

52:43 – 52:56Speaker 3

So the total amount owed is $3,850? Yes, sir. Have they said anything, given you any objection or anything like that?

52:56Speaker 5

No, nothing.

52:59 – 53:44Speaker 3

Based upon the testimony and evidence today and finding that there was a notification of this certification request or imposition of fine request delivered the amount of $3,850 is imposed. Thank you. That is it. Does that complete the agenda for today? Did we miss anything? You'll notice I always look over that way to make sure that we haven't missed anything, because they're the ones watching us carefully. Well, if that's the case, then I'll go ahead and adjourn the meeting. Thank you very much.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.