April Code Magistrate

On April 29, 2025, Marco’s Code Enforcement Magistrate had a full docket of 16 cases presented to Special Magistrate Robert D. Pritt. Representing the City of Marco Island was Attorney Joseph Natiello.

1721 Ludlow Rd - City of Marco Island vs. John H. and Karen Diggins & Keith A Braun LLC- Illicit Discharge 

Testifying for the City: Code Enforcement Officer Muldoon 

Testifying for the Respondent: Keith Braun for Keith A Braun, LLC 

City Attorney: Requested for the maximum fine of $5,000 for violations that are irreparable in nature.

Magistrate's Order: That the Contractor shall pay a one-time fine of $4,000 and $50 for cost of prosecution. 

178 Tahiti Rd - City of Marco Island vs. United States Transport - Illicit Discharge 

Testifying for the City: Code Enforcement Officer Miller

Testifying for the Respondent: Representative for United Transport 

City Attorney: Requested for the maximum fine of $5,000 for violations that are irreparable in nature.

Magistrate's Order: That the Contractor shall pay a one-time fine of $4,000 and $50.00 for cost of prosecution. 

1620 Almeria Ct - City of Marco Island vs. Albino T Bismonte JR & Red Rhino - Illicit Discharge 

Testifying for the City: Code Enforcement Officer Muldoon (Pool was being drained into the yard and into the canal). This is the second violation for Red Rhino (pool company) for same offense (2/6/2025 at 512 Antilles Ct).

Testifying for the Respondent: No one 

City Attorney: Requested for the maximum fine of $5,000 for violations that are irreparable in nature.

Magistrate's Order: That the Contractor shall pay a one-time fine of $5,000 and $50 for cost of prosecution. 

240 Seaview Ct - City of Marco Island vs. David Boggs - Beach Permits Required 

Testifying for the City: Code Enforcement Officer Miller and Police Officer Prigge, Marco Island Police Department 

Testifying for the Respondent: David Boggs, Marco Island Sharks 

Code Enforcement Officer Miller stated: “On March 15, 2025, MIPD Prigge observed a Code Enforcement violation of “operating a business with no permit on the beach, which is a violation of MI Municipal Code 54-36.1. A five-year history revealed one prior violation.”

Marco Island Officer Prigge testified: On March 15, 2025 at approximately 0035 hours (12:35am) I was called to 240 Seaview Court (Sunset House North) for a suspicious person. Upon arrival I met with the reporting person Philip Burkart, President of the Condo Association. He reported that there were five individuals who were on the property which he believed did not live there. He thought it was suspicious so he called MIPD. Upon my arrival those five individuals were exiting the building with beach gears, beach chairs and heading back to their vehicle. I stopped and talk to one of the gentlemen who identified himself as Antonio Romano and asked him why he was present at the condominium at that hour. He stated that his wife had booked a shark fishing charter online and paid $901 online for one. According to Mr. Romano, David Boggs had Antonio and his family come to the Condo to access the beach. When they had finished fishing, they proceeded back through the Condo to go back to their vehicle, at which point Mr. Burkart noticed them and gave us a call. Mr. Romano provided a receipt to Prigge for the $901 that was paid to Boggs for the Shark Fishing on the Beach. Officer Prigge further reported that according to Mr. Romano, he met Boggs at the condo and he took them to the beach and walked up to Tigertail Beach to go shark fishing. 

Boggs: “I am licensed to do a charter business in Collier County. This was not a charter that night. I fish with my friends, my family, and my son.” 

Magistrate:  What was the $901 for?

Boggs:  For equipment rental and I am licensed in the City of Marco Island to rent equipment.

City Attorney: In recognition to the fact that Mr. Boggs is a repeat offender for this very issue, having had one previous case brought before you for operating a business without a license, City seeks $500 fine and $50 cost of prosecution.

Magistrate's Order: That the Respondent shall pay a one-time fine of $500 and $50 for cost of prosecution.