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Marco's Code Board gives stiff fines for repeat offenders
Tall weeds cost one builder $3,600
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It seems one thing green continues to grow in difficult economic times. Grass. Among those preventing the island from looking like an overgrown jungle, is Marco Island Code Enforcement.
Code enforcement inspects and tags properties weekly which have weeds or grass growing over 15 inches.
“Unfortunately with the case of many properties … no attempt is made by the property owner to mow the lot,” said code enforcement officer Liz Carr.
The code enforcement board sent a clear message Tuesday as they reviewed the case against FDI Builders Inc., the contractor of a new single family residence at 184 Geranium Court – the board doesn’t look kindly upon property owners and contractors who repeat the same offenses.
FDI Builders Inc. was notified of a violation earlier this year and an administration fee of $150 was issued for the investigation of the case which also was a violation of an ordinance limiting the height of grass and weeds to 15 inches.
The case was closed in February, but a building inspector noticed a reoccurring problem with maintenance of the lot and Carr sited the property again June 19.
Carr said the initial fee was ultimately paid by the owner. She said the contractor is currently responsible for the lot.
“The violation does usually go with the property. However FDI is the occupant at this time,” she said.
Carr said notification of the board hearing was sent and she reported the lot was mowed the day before the hearing Tuesday.
In the February case, the board said that a recurrence would come with stiffer fines up to the maximum of $500 per day if they do not comply with the ordinance.
“Let it go. They’ve fixed the problem,” said code board member Sal Sciarrino, who later commented that perhaps he was the “liberal on the board.”
Other board members did not agree. The newest member, Lou Prigge was among them.
“The builder didn’t pay the first one they’re probably not going to pay this one. Is the lien going to be on the property owner when a fine isn’t paid?” Prigge asked.
The board’s attorney Jonathan Shamres said if the builder was served the notice of violation the lien could go on one of the builder’s properties.
“Here it is July and he’s done it again,” said Richard Adams who suggesting a $500 per day fine.
After the notice of violation FDI Builders did not address the problem and mow the lot until June 30. The 12 days would add up to $6,000.
“I think $500 a day is stiff,” said board member Bob Shuh.
Tarik Ayusan, voted into the position of vice chair this week, proposed a compromise of $300 per day in fines and $150 for an administration and investigation fee, a total of $3,750 for failing to mow the weeds.
The fine as proposed passed 5-2 with Shuh and Sciarrino still of the position the fines were too high.
The board also expressed their intent to ensure the fines were paid by the builder and not the property owner.
“I will post a notice that he needs to pay in order to get a C.O. (Certificate of Occupancy). That way no once can occupy this property until it is paid,” Carr said.
City officials say they don’t have a desire to be in the lawn care industry, however if property owners do not take care of their own properties, the city hires a contractor in order to maintain neighborhoods.
Code enforcement tags properties which have grasses or weeds exceeding 15 inches on a weekly basis, Carr said.
Property owners have seven days to clean up the lot or code enforcement hires a lawn service contractor to do it for them. The owner is then responsible for the cost of the service plus a $100 administrative fee.
This has been the case for 470 S. Heathwood which the city has been mowing for nearly one year.
The case against the property owner, Anthony Montemurro of Illinois, was going to be heard by the board Tuesday however Montemurro was granted a continuance after it was learned he recently suffered a stroke.
In addition to lawn maintenance, the seawall is in significant disrepair code officials said.
Fines of $250 per day accrued for about 300 days and the city will be looking to impose a $75,000 lien and request foreclosure on 470 S. Heathwood.
“Of all the violations we get before us, the seawall affects other people the most. It affects the property on the right and the one on the left,” Ayusan said regarding several other seawall cases before the board this week (see separate story at marconews.com).
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Ehlen had the right idea but it looked too good and saved water... so that was banned!!! What a bunch of hooples!!
#1 Posted by hourigan82247 on July 3, 2008 at 9:59 a.m. (Suggest removal)
"The board also expressed their intent to ensure the fines were paid by the builder and not the property owner."
How is the board to know that the job is not a "cost plus" and the owners aren't in charge of the lawn maintainance? Assuming that the builder is responsible and should incur their ridiculous fines in absurd.
And speaking of fines... nearly $4,000 for 12 days worth of weeds... give me a break!
#2 Posted by Rachael on July 3, 2008 at 4:50 p.m. (Suggest removal)
$4,000 on Marco Island is like $10.00 else where! A mere bag of shells!
#3 Posted by hourigan82247 on July 3, 2008 at 7:04 p.m. (Suggest removal)
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