Code Enforcement - Regular Meeting

Okay. Are we on the record? It's 10:00. Good morning, everybody. The City of Marco Island Code Enforcement Magistrate Hearings for 12/16/2025, is called to order.

Good morning again. My name is Robert Pratt. I'm an attorney, and I will serve as the special magistrate for the code enforcement hearings today. My task is to hear the testimony and any other evidence to make findings of fact and conclusions of law based upon the evidence that I hear today and to make a determination of guilty or not guilty, and finally, to issue an order based upon the evidence received today. City attorney Joe Nutella will announce the order of the hearings and announce each case.

I will then take testimony and evidence from the city's representatives and then from the respondent or the respondents. According to Florida law, all testimony today must be taken under oath. I will administer the oath now. So anybody who may wish to say anything at any hearing today, please raise your right hand. And I see two people in the back. If you think if you think you might say anything to me concerning anything today, raise your right hand and I'll administer the oath. Okay? Okay. So

There you go. Sir?

Sir, are you going to yeah. Alright. Okay. Do you swear or affirm that the testimony you give in any and all cases today will be the truth, the whole truth, and nothing but the truth?

I do.

Okay. Thank you. I think that we are ready to go ahead with the agenda. Mister Nutella?

Good morning. Joe Nutella on behalf of City of Marco Island starting with letter F as in Frank on your docket, case 251730.

And that's City of Marco Island versus Doctor. Heinz G. Skitter Living Trust. Correct. And are you here in that case?

They are.

They are? Okay. Alright. So we're going to listen to what the code enforcement officer says, and then you will have a chance to tell me your side of whatever it is he says. Okay? Thank you. Go ahead, mister Miller.

Hey. Good morning, mister magistrate. My name is Gary Miller, code enforcement officer with the city of Markle Island, the police police department. The address of the violation is 343 Quail Drive, which is within the municipal boundaries of the city of Markle Island. On 09/09/2025, I observed a code enforcement violation of prohibited noxious plants, which is a violation of Marco Island code eighteen thirty six subsection three.

I took pictures of the violation, which is an accurate reflection of what I observed on that date. There you can see the Brazilian pepper tree growing over the sidewalk. A little bit closer photo for identification. I issued a notice of violation for violating eighteen thirty six three, and I gave a compliance date of 11/08/2025. And here is a