Magistrate Addresses Stormwater Violations

On January 28, 2025, Special Magistrate Robert D. Pritt presided over 11 cases presented by Marco’s Code Enforcement Officers. Attorney for Marco Island: JosephNatiello. 

24-2572 – 641 Blackmore CT – City of Marco Island vs. Brian and Laurel Ward & NOVA Homes of Southwest Florida, Inc. - Stormwater Pollution Prevention for Construction. 

On November 6, 2024, Code Enforcement Officer Negra responded to a citizen’s complaint of a violation of silt fencing, which is a violation of Marco Island’s Municipal Code. Photos were taken into evidence. The construction site had no silt fencing and the runoff was into the neighbor’s property at 633 Blackmore Ct. Sand; silt, dirt and sediment runoff into the right of way and driveway apron. No fencing around the entire perimeter at that time. Runoff was traveling from the construction site down through the apron of the adjacent home at 633 Blackmore CT. Notice of violation was issued 11/8/2024 and inspections were done on November 9, 20, 26, December 3, and5,and found the location still in violation. Photos from December 5 were taken and submitted as evidence showing that the property still had no silt fence, and runoff was still continuing into the other property.  

The property became compliant on December 12, 2024. (Due date for compliance was November 8, 2024).  

A five-year history revealed one prior violation for the property owner.  

A five-year history revealed 35 prior violations were found for NOVA Homes – Contractor. 

The homeowner sent in a response dated January 22, 2025, to the City of Marco Island Magistrate. The City Attorney informed Magistrate Pritt that, “We are not going after the property owner son this issue. This is strictly for the contractor.” 

Magistrate Pritt admitted the homeowner’s letter into evidence and for the record and that the City is NOT proceeding against them. In addition, Pritt commented that this appears to be a Notice of Repeat Violations. Code Enforcement Officer Negra verified that the Notice of Hearing was served to NOVA Homes.  

Date of Notice of Violation November 6, 2024. Initial Compliance date: November 8, 2024.Office Negra stated that he gave them two days to comply from date of violation. 

According to City Attorney Joe Natiello,“NOVA Homes have a long history of violations – this is the 35th prior violations of this nature within the last five years. They continue to be an issue, they continue to get cited and they continue to NOT show up to the hearings – as further evidenced today. And the penalties we are seeking to be imposed upon them have been reflecting that. So, we intend to continue doing so until eventually NOVA HOMES learn to be in compliant with our Codes.” 

Under the repeat violation provision of the Statute, Magistrate Findings: That the Contractor NOVA HOMES shall pay a fine of $500 per day from the date of violation (11-8-2024 to 12-11-24 (33 days) for a total of $16,500 and $50 for cost of prosecution. 

24-2697 – 484 Pepperwood CT – City of Marco Island vs. John and Elizabeth Hiel and Imperial Marine Construction – Illicit Discharge. Sawdust discharge from pressure-treated wood into waterway. 

Code Officer Miller testified that on November 25, 2024, he observed illicit discharge into the waterways and took photos and submitted them into evidence. He observed dock workers using a chain saw to cut dock pilings and beams and sawdust being discharged into the waterways from pressure-treated wood. He issued a Notice of Violations with a compliance date of immediate for irreversible and irreparable damage. On a five-year history, no prior violations to the homeowner were found but there was one prior violation to the contractor from 2023.  

City Attorney Natiello confirmed, “City is seeking fines in accordance with the irreversible and irreparable range and not on the repeat violations.”  

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