Code Enforcement Reorganization Set Aside for Now

For a number of years, residents have called for more consideration by city leaders for a greater reliance on “code compliance” as a protection of what they often refer to as “quality of life” issues. 

The call hasn’t fallen on deaf ears, as City Manager Mike McNees, Police Chief Tracy Frazzano and individual councilors often have questioned how the Code Enforcement Division of the Marco Police Department should be administered.

The Code Enforcement process has been under the jurisdiction of several city departments, most recently finding a permanent home within the Marco Police Department. Control of that operation has been under the direct supervision of Captain David Baer. The city dissolved the Citizen Code Enforcement Board and, instead, substituted a separate City Magistrate to hear various cases brought before it. Council did so in an attempt to provide some changes and a sense of professionalism to the process.

Over the last 12 to 18 months, the number of code violations involving the rental of single-family homes has risen significantly. Vehicles parked illegally, trash and especially noise complaints have become major “quality of life issues” with local single-family homeowners.

Chief Frazzano, in an effort to address the situation, came forward during recent budget deliberations to discuss potential revamping of the division and how it is staffed. Presently it is staffed by part-time officers who provide coverage from 6am to 6pm seven days a week. However, it doesn’t present a unified presence to the problems that have seen a considerable increase as of late.

The focus areas which they cover deal with beach patrol, environmental (fertilizer, protected species, etc.), floodplain, parking requirements, public nuisance/noise, storm water (MS4), utilities, building/construction, fire protection/prevention, lighting, planning and zoning, signage, streets, sidewalks and rights-of-way, and support/ancillary services for MIPD.

City Manager Mike McNees recently pointed out to council that the Strategic Plan for the community has a code element that speaks to a vision of a great residential community, small town feel, beauty, world class beach, a protected natural environment, waterways, convenient coastal living and pride in our Marco Island community as its foundation. Code Enforcement ensures compliance with city ordinances that have been developed to meet that Strategic Plan. 

The Comprehensive Plan, which presently is being developed with the assistance of a consultant for $139,000 and recently was approved by council to be forwarded to the State for its review, is directly related to that Strategic Plan.

During her presentation on the operating budget, Frazzano was questioned by Councilor Brechnitz as to why the collection rate on fines levied by the Magistrate was at only about 40%. Frazzano was quick to respond that the discussion regarding to collection of fines needs to be held with the City’s Finance Director and City Attorney. “Neither our department nor Code Enforcement collects fines,” she explained.

“We need to review the process and are meeting on that,” said City Manager McNees in response to Brechnitz’s question.

Councilor Blonna complimented the department and Captain Baer for the department’s responses to a heavy workload.

Brechnitz returned time and again to his concern about uncollected fines, and suggested that contractors not be issued permits if they have not cleared those fines. This found support among council and the finance directors.

Council Chair Grifoni complained that this would be a restructure of the Code Department. “We need to look at this much closer. This is a radical change and, at this point, I do not feel comfortable with this,” said Grifoni.

Councilor Folley pointed out that a suggestion which Chief Frazzano had brought forth to add a second hearing date during the month for the Magistrate to hear these cases might merit some additional thought. This would allow cases to be heard in a more reasonable time period, clearing up any backlogs. “That is a small part of the overall request, and the consequences for offenders would be felt in a shorter time,” said Folley.

Frazzano closed by saying, “We all know that Code is something we need to deal with - where it belongs and what to do. It was an issue before I came here and before the manager came here. We needed to bring this to you and have a conversation,” said Frazzano.