April Code Magistrate’s Findings

On April 30, 2024, the Code Magistrate heard over 21 cases, which included illicit discharges into the waterways with irreparable and irreversible environmental consequences, Right of Way obstructions and encroachments, silt fence violations, noxious weeds, and damaged sidewalks, just to name a few.

This was Attorney Robert Pritt’s third appearance as the substitute magistrate for the City of Marco Island. Representing Marco Island was Attorney Joe Natiello of Weiss Serota Helfman Cole & Bierman.

1275 6th Avenue City of Marco Island vs. Paul Holm - Damaged Sidewalk 

Magistrate's Findings: That the Owner shall pay a one-time fine of $100.00 and $50.00 for the cost of prosecution. That the Owner has 15 days to apply for permit and 60 days to obtain permit and commence repairs or face a fine of $100.00 per day until violation is corrected. 

1269 6th Ave. - City of Marco Island vs. Victoria Nicklos, Ronald & Dena Weinberg TR -Damaged Sidewalk 

Note:  With the presence of owls so close to the sidewalk, permit is on hold until after burrowing nesting season (July 10th).

Magistrate's Findings: That the Owner shall pay a one-time fine of $100.00 and $50.00 for cost of prosecution. That the Owner has until August 12th to obtain permit and 60 days thereafter to complete the repairs or face a fine of $100.00 per day until violation is corrected.

960 Sundrop Ct. - City of Marco Island vs. Blue Marlin Marine Construction & Services INC & Triple Net Assets LLC - Illicit Discharge 

Feb 20th, 2024, illicit discharge was observed floating in the water from the decking that was being installed on the property. The debris came from the plastic polymer composite material –falling into the water in large amounts with no safeguards in place to prevent debris from falling into the canal. 

An owner of Blue Marlin Construction came forward and accepted guilt. He said he had addressed the problem with the employee and it was the wrong thing to do. Fine was reduced by $500.

Magistrate's Findings: That the Contractor shall pay a one-time fine of $4,500.00 due to irreparable harm to the environment as there was no way of removing discharge from the water.

440 Sand Hill St. - City of Marco Island vs. Laura & Robert Callaci and NOVA HOMES of South Florida INC - Illicit Discharge & Silt Fence 

Note: Nova Homes has a 5-year history with 23 prior violations on silt fence violations and six violations for illicit discharge.

Magistrate's Findings: That the Owner/Contractor, jointly and severally, shall pay a one-time fine of $5,500.00 and $50.00 for cost of prosecution. 

1030 Pettit Ct. - City of Marco Island vs. Jonathan and Beth Hall - Boat Docking Facilities 

Magistrate's Findings: That the Owner shall pay a one-time fine of $500.00 and $50.00 for the cost of prosecution. That the Owner has 30 days to apply for permit or face a fine of $100.00 per day until violation is corrected. 

721 S Barfield Dr. - City of Marco Island vs. AC & JL Holdings Inc - Public Nuisance for the presence of invasive Brazilian pepper plants on the property.

Note:  Need a permit which is free from the City to remove invasive plants as a safeguard to make sure removal does not interfere with the presence of protected species such as owls and gopher tortoises.

Magistrate's Findings: That the Owner shall pay a one-time fine of $100.00 and $50.00 for the cost of prosecution. That the Owner had 30 has days to apply for permit and 60 days to obtain permit or face a fine of $50.00 until the violation is corrected.

1791 Osceola Ct. - City of Marco Island vs. Albaugh Investments LLC & APM Custom Homes - Litter and Debris, Silt fence, ROW Obstruction 

Magistrate's Findings: That the Contractor shall pay a one-time fine of $450.00 and $50.00 for the cost of prosecution. That the Contractor has 14 days to comply or face a fine of $100.00 per day until violations are corrected.