March Code Magistrate Findings

On March 26, 2024, the Code Magistrate had 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, weeds and public nuisance.

Attorney Robert Pritt was the substitute magistrate and this is his second appearance sitting as a magistrate for the City of Marco Island.

701 Bald Eagle Dr. - City of Marco Island vs. Joey D's & Stephen J Lockwood and Co LLC- Illicit Discharge.

Background Information: Officer Miller observed grease in the street and floating in water puddles and issued a compliance date of immediate. According to Officer Miller, “There was no good way to remediate it; you can pressure wash it but it will just spread through the MS4 system. He believes it has irreparable and irreversible environmental consequences. Magistrate agreed that “grease from grease traps going down the street and eventually into the sewer system will constitute an environmental hazard that is irreparable and irreversible.

Magistrate's Findings: That the restaurant owner shall pay a one-time fine of $1,500 and a $50 administrative fee. 

966 Sundrop Ct. - City of Marco Island vs. Helicon and Joseph & Susan Lee - Illicit Discharge 

Background Information: Officer Negra observed small pieces of foam floating outside a containment boom during a seawall repair by contractor Helicon Company. Contractor was sealing cracks on the seawall by shooting a foamy substance into the cracks. Helicon tried to scoop some of the excess foam out with a net but more were floating down the canal. Helicon indicated they had no intention of cutting the excess foam flush with the seawall thus allowing the pieces to break off on its own and float away in the water. Paperwork obtained by Officer Negra on the composition/information of the sealant used indicates it contained “hazardous components deemed as carcinogen” along with OSHA precautions “if inhaled; if on skin and if in eyes.”

Magistrate agreed hazardous chemicals floating down the canal constitute an environmental hazard that is irreparable and irreversible.

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

787 Hull Ct. - City of Marco Island vs. Marco Custom Builders LLC & Polley Living Trust - Silt Fence 

Magistrate's Findings: That the Contractor shall pay a one-time fine of $700 and a $50 administrative fee. That the Contractor has 10 days to comply or face a fine of $100 per day until the violation has been corrected. 

910 Ship Ct. - City of Marco Island vs. Barry & Wendy Fitzgerald Held - Derelict Vehicle 

Magistrate's Findings: That the Owner shall pay a one-time fine of $150 and a $50 administrative fee. That the Owner has 10 days to comply or face a fine of $50 per day until the violation has been corrected. 

910 Ship Ct. - City of Marco Island vs. Barry & Wendy Fitzgerald Held - Weeds & Encroachments 

Background Information: Neighbor testified that he was concerned with the weeds on the sidewalk with small burrs which can harm his grandkid’s feet and get stuck on their clothing. Neighbor also stated that there is an iguana living on top of the roof and the rats he’s trapped, and in his opinion, the iguana’s presence is due to the overgrown weeds.

Magistrate stated that he is not convinced that iguanas on the roof are caused by the overgrown weeds.

Magistrate's Findings: That the Owner shall pay a one-time fine of $400 and a $50 administrative fee. That the Owner has 10 days to comply or face a fine of $100 per day until violation has been corrected. That the City is granted permission to enter the property after the 10 days to abate the violation at the sole expense of the Owner. 

787 Hull Ct. - City of Marco Island vs. Marco Custom Builders LLC & Polley Living Trust – overflowing dumpster and weeds.

Magistrate's Findings: That the Contractor shall pay a one-time fine of $300 ($100 for weeds and $200 for Nuisance) for violations and a $50 administrative fee.