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Owner arrives; magistrate reopens Marco Island dock case, reduces penalty after pending permit
Summary
A case against 452 Barcelona Court for an unpermitted dock and two lifts was reopened when the homeowner arrived and presented evidence that a contractor had applied for a permit; the magistrate accepted cooperation, treated permit issuance as the compliance condition, and reduced the fine to $150 plus $50 costs.
The Special Magistrate reopened a previously decided case for 452 Barcelona Court after the homeowner, Michael Austin Wheeler, arrived at the hearing and took the oath. Code Enforcement Officer John Negra had testified that on 03/26/2026 a dock and two exterior boat lifts were observed at the address without permits and that a notice of violation had been issued with follow-up inspections showing the equipment remained.
When Wheeler appeared he said he had hired Imperial Marine Construction, that Imperial submitted permit paperwork on April 13, and that the permit review was pending one final signature. Wheeler said Imperial had not yet started work but that he had a signed contract and deposit. Magistrate Robert Print acknowledged Wheeler's cooperation, allowed additional contractor correspondence to be added to the file, and accepted the City's recommendation to reduce the fine. The magistrate said obtaining the permit would be considered compliance and ordered a reduced fine of $150 plus $50 costs.
