Tuesday, November 3, 2026
City of Marco Island Attorney Joseph Natiello seeking a fine of $5,000, the maximum for an irreparable illicit discharge by a contractor.
Marco Island Code Enforcement Officer Miller presented photographs for evidence of violation to Marco’s Noxious Plant Ordinance 18-36-3 for two properties. He identified Brazilian Peppers, Ear Leaf Acacia, and Australian Pine.
A vacant lot containing Brazilian Pepper, Australian Pine, and Ear Leaf Acacia - all on Marco’s list of invasive exotic species, still in violation as of May 27, 2025. A permit has to be pulled to remove exotic invasive species from a vacant, unimproved lot.
Marco Code Enforcement Magistrate had a mixed docket of noxious plants and illicit discharge presented to Special Magistrate Robert D. Pritt and City Attorney Joseph Natiello on May 27.
Marco’s Noxious Plants Ordinance 18-36-3 states: “The growth of noxious plants on developed and undeveloped lots in all areas of the city is hereby prohibited, except for existing trees which were allowed to remain on developed property before June 11, 1991, when county Ordinance No. 91-47 initially prohibited the practice. At the time of development of undeveloped land, all noxious plants shall be removed from the site. When an existing structure is renovated which causes changes to the square footage as authorized by the building permit, all noxious plants shall be removed from the property prior to the issuance of a certificate of occupancy or certificate of completion. No person shall plant, sell, or distribute noxious plants or their seeds within the city.”
The following is a list of invasive exotic species per the Noxious Plant Ordinance:
Since most noxious plants grow very aggressively, they can replace native species.
These are the two cases on noxious plants that came before the May Special Code Enforcement Magistrate:
458 Capri Ct - City of Marco Island vs. Blue Point Asset Management - Noxious Plants; Testifying for the City: Code Enforcement Officer Miller; Testifying for the Respondent: No one
Magistrate's Findings: That the Owner shall pay a one-time fine of $100 and $50 for cost of prosecution. That the Owner has 30 days to correct violation or face a fine of $100 per day until compliance is met. As of May 27, 2025, property owner is still in violation.
The violation occurred on an improved lot; the City of Marco Island does not require a permit to remove the noxious vegetation. According to Officer Miller, compliance is by removal. When asked, Miller confirmed to Special Magistrate Pritt that he is trained to identify noxious plants.
35 Tahiti Rd - City of Marco Island vs. Troy J and Margo Wold - Noxious Plants Testifying for the City: Code Enforcement Officer Miller Testifying for the Respondent: No one.
Magistrate's Findings: That the Owner shall pay a one-time fine of $100 and $50 for cost of prosecution. That the Owner has 30 days to obtain permit and correct violation or face a fine of $100 per day until compliance is met. Prohibited noxious plants found are Ear Leaf Acacia, Brazilian Pepper, and Australian pines, on a vacant unimproved lot and will need a vegetation permit to remove noxious plants. No permit has been pulled as of the date of the Magistrate hearing.
Illicit Discharge and No Permit Case
1601 Windmill Ave - City of Marco Island vs. Jeffrey Reynolds and Veronica Sue Linn, and DSI General Contractors Inc - Illicit Discharge and No Permit
Testifying for the City: Code Enforcement Officer Ferraro
Testifying for the Respondent: No one
Magistrate's Findings: That the Contractor shall pay a one-time fine of $5,000 for the irreparable Illicit Discharge and $250 for working without a permit and $50 for cost of prosecution.
Sawdust, plastic shavings, and pressure treated wood were observed floating in the canal. Illicit discharge violations by DSI have been brought to the magistrate on September 1, 2023, September 26, 2023, and December 31, 2024 for separate addresses.
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