February Code Magistrate Findings

On February 27, 2024, the Code Magistrate had over 25 cases, which included illicit discharges into the waterways, work without a permit, Right of Way encroachments, silt fence violations, noxious plants and removal of dune vegetation.

Attorney Robert Pritt was a substitute magistrate and taught Code Enforcement around the State for 25+ years. This is his first time sitting as a magistrate for the City of Marco Island.

24-0136 - 260 Seaview Ct. - City of Marco Island vs. South Seas West Condo Assoc. Tower 2 - Dune Protection.

Testifying for the City: Code Enforcement Officer Warder Testifying for the Respondent: Attorney for South Seas West 

Code Officer Ira Warder – “While on routine beach patrol, I observed a Code Enforcement violation of Dune protection – 54-36(n) – observed Mario DeBartolo, Director of South Seas West, Inc. driving a beach tractor pulling a rake destroying protected beach vegetation (protected Sea Oats). I issued a notice of violation with a compliance date of immediate. I also issued a Stop Work Order.”

According to Code Enforcement Officer Warder, “This is the second offense; Mr. DeBartolo was before the Magistrate last month for another violation of dune protection. He was within ten feet of the protected dune vegetation. He had a permit which required him to stay 10 feet away from the dunes. This is the second offense within a brief time period.”

According to the City, “this was irreparable and irreversible; the vegetation was removed from the sand and the purpose of the vegetation is to prevent the sand from erosion. According to Magistrate Pritt – “the gravity of the violation is very grave.”

23-0921 - 277 N. Collier Blvd -City of Marco Island vs. Doreen's Cup of Joe & Oliverio Investment and Consulting INC- Illicit Discharge. 

Magistrate's Findings: That the Owner shall pay a one-time fine of $500.00 and a $50.00 administrative fee. 

23-0923 - 257 N. Collier Blvd - City of Marco Island vs. Joey's Pizza Inc - Illicit Discharge 

Magistrate's Findings: That the Owner shall pay a one-time fine of $300.00 and a $50.00 administrative fee. 

23-3454 - 109 Gulfstream St. -City of Marco Island vs. 109 Gulfstream LLC & Luciano Pool Shells LLC - Illicit Discharge 

Code Officer observed dirt and cement silt going into the waterways. City views this as an irreversible and irreparable violation.

Magistrate's Findings: That the Contractor shall pay a one-time fine of $5,000.00 and a $50.00 administrative fee. 

24-0050 - 609 Dorando Ct. - City of Marco Island vs. Jean L. Wagner Trust & Seminole Tiki Huts - Illicit Discharge 

Code Officer observed wood chips and sawdust being discharged into the waterways and City views this as an irreversible and irreparable violation.

Magistrate's Findings: That the Owner and Contractor, jointly and severally, shall pay a one-time fine of $5,000.00 and a $50.00 administrative fee. 

24-0052 - 609 Dorando Ct. - City of Marco Island vs. Jean L. Wagner Trust & Seminole Tiki Huts Work without a permit.

Magistrate Findings: That the Owner and Contractor, jointly and severally, shall pay a one-time fine of $5,000.00 and a $50.00 administrative fee. 

24-0139 - 700 Rockport Ct. - City of Marco Island vs. Charles and Paola Schelli & Marco Custom Builders LLC - ROW Obstruction and Encroachments.

Magistrate's Findings: That the Owner and Contractor, jointly and severally, shall pay a one-time fine of $250.00 and a $50.00 administrative fee. That the Owner and Contractor has seven days to comply or face a fine of $100.00 per day until violation is corrected.

23-3243 - 681 Inlet Dr. - City of Marco Island vs. Venettia LLC - Public Nuisance and Encroachments 

Magistrate's Findings: That the Owner shall pay a one-time fine of $100.00 and a $50.00 administrative fee. That the Owner has 30 days to comply or face a fine of $100.00 per day until violation is corrected.