January Code Enforcement Magistrate Findings

On January 30, 2024, Code Magistrate Myrnabelle Roche had over 21 cases which included weeds, litter, debris, silt fences, illicit discharge and activities close to protective zones for burrowing owls and gopher tortoise burrows. 

For the 6+ weeds and tall grass violations she imposed the following findings: 

“That the Owners shall pay a one-time fine of $100 to $150 and a $50 administrative fee. That the Owner has seven days to comply or face a fine of $100 per day until the violation has been corrected. That the City is granted permission to enter the property after the seven days to abate the violation at the sole expense of the Owner.”

Additional Magistrate findings:

* 23-3463 1257 Winterberry Dr - City of Marco Island vs. Gary and Anne Vanic and MARCO CUSTOM Builders LLC - Silt Fence (four priors for the builder and this will be the fifth on same offense and none for the homeowner).

Magistrate's Findings: That the Contractor shall pay a one-time fine of $300 and a $50 administrative fee. That the Contractor has seven days to comply or face a fine of $100 per day until violation is corrected. 

* 23-3444 685 6th Ave - City of Marco Island vs. MRE Development LLC & NAPLES BUILDING Group LLC - Silt Fence (one prior for the builder on same offense).

Magistrate's Findings: That the Contractor shall pay a one-time fine of $150 and a $50 administrative fee. That the Contractor has seven days to comply or face a fine of $100 per day until the violation is corrected. 

* 23-3367 135 Gulfport Ct - City of Marco Island vs. Linda Malouf Rev Trust & MARCO CUSTOM Builders LLC - Silt Fence (fifth prior for the builder for the same offense).

Magistrate's Findings: That the Contractor shall pay a one-time fine of $300 and a $50 administrative fee. That the Contractor has seven days to comply or face a fine of $100 per day until violation is corrected. 

* 23-3358 1751- Ludlow Rd - City of Marco Island vs. MARCO CUSTOM Builders LLC & Marian and Jolanta Morys - Weeds, Litter, & Encroachments (four priors for builder for same offense).

Magistrate's Findings: That the Owner and Contractor, jointly and severally, shall pay a one-time fine of $300 and a $50 administrative fee. That the Owner and Contractor, jointly and severally, have seven days to comply or face a fine of $100 per day until the violation is corrected. That the City is granted permission after the seven days to abate the violation at the sole expense of the Owner and Contractor, jointly and severally. 

* 23-3447 685 - 6th Ave - City of Marco Island vs. MRE Development LLC & NAPLES BUILDING Group LLC - Public Nuisance (Second notice of violation on this same docket against builder).

Magistrate's Findings: That the Owner and Contractor shall pay a one-time fine of $100 and a $50 administrative fee. That the Contractor has seven days to comply or face a fine of $100 per day until violation is corrected. That the City is granted permission to enter the property to abate the violation after the seven days at the sole expense of the Contractor. 

* 23-3428 1657 Barbarosa Ct - City of Marco Island vs. Kyle and Michelle Schmidt & NOVA HOMES of South Florida - Illicit Discharge. Workers from NOVA homes were cutting grass and weeds and blowing them into the canal. (Five priors for illicit discharge against this builder and none on the homeowner).

Magistrate's Findings: For irreparable damage, the Contractor shall pay a one-time fine of $5,000 and a $50 administrative fee. 

* 23-3464 1257 Winterberry Dr - City of Marco Island vs. Gary and Anne Vanic & MARCO CUSTOM Builders LLC - Litter & Debris (four priors on the same violations for this builder & none on the homeowner).

Magistrate's Findings: That the Contractor shall pay a one-time fine of $300 and a $50 administrative fee. That the Contractor has 7 days to comply or face a fine of $100 per day until violation is corrected. 

* 23-3460 25 Anchor Ct - City of Marco Island vs. Alfonso Albaisa & NOVA HOMES of South Florida - Litter & Debris (Builder has 106 previous violations with 10 priors before the magistrate within five years).

Magistrate's Findings: That the Owner and Contractor, jointly and severally, shall pay a one-time fine of $1,000 and a $50 administrative fee. 

* 23-3355 532 Spinnaker Dr – City of Marco Island vs. Premier Quality Drilling & Vincent Ruffolo – Protection & Permitting; Activities w/in Protection Zone. Too close to a gopher tortoise burrow.

Magistrate’s Findings: That the Contractor and Utility Company, jointly and severally, shall pay a one-time fine of $150 and a $50 administrative fee. 

* 23-3219 439 Waterleaf Ct - City of Marco Island vs. Carlos Barrueco & James and Justine Saxton - Activities w/in Protection Zone – too close to an owl burrow.

Magistrate's Findings: That the Respondent shall pay a one-time fine of $250 and a $50 administrative fee. 

* 23-3106 1748 Wavecrest Ct - City of Marco Island vs. DSI Marine Construction & Emilio Pantner and Luisa Diamante- Protection & Permitting Procedures – no silt fence around the owl burrow.

Magistrate's Findings: That the Contractor shall pay a one-time fine of $250 and a $50 administrative fee. That the Contractor has 10 days to comply or face a fine of $250 per day until the violation is corrected. 

* 23-2945 1810 April Ct - City of Marco Island vs. MARCO CUSTOM Builders LLC & Tawnya and Craig Pastuck – Right of way obstruction with multiple priors for builder.

Magistrate's Findings: That the Contractor shall pay a one-time fine of $200 and a $50 administrative fee. That the Contractor has 7 days to comply or face a fine of $100 per day until the violation is corrected.