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Marco Island Code Enforcement has been said to be under-staffed, yet with the help of the Code Enforcement Board, the two-person code enforcement team have protected at least two families this week, addressing issues which may have far reaching community effects.

The Marco Eagle reported on June 12 that a home was at risk of being demolished because half of it existed under the flood plane, violating city code. Specifically, three bathrooms, three bedrooms, a kitchen, living area, electrical work and air-conditioning unit were all at stake of demolition because they exist below the 11-foot permissible flood plane. The other half of the six bedroom, five and a half-bath home at 550 Conover Court was not at risk of direct demolition.

Home owner Joseph Borsellino said he was concerned about the “million dollar” problem when the Code Enforcement board ruled in June that all the under-flood living space needed to either be demolished or a variance obtained from City Council.

Obtaining a variance would have saved the home, but could have come at a risk to the island’s flood insurance rating, putting all island property owners’ insurance rates at risk in order to save half a home.

An e-mail from a FEMA official to Bob Devlin, the city’s flood plane coordinator, indicated that an “egregious variance” could put the city’s community flood protection rating at risk. The City of Marco Island currently has a rating of six, said City Community Development Director Steve Olmsted, adding that the rating is “very good.” It also saves property owners 20 percent on their insurance.

The Borsellino’s, their attorney Craig Woodward, and several city staff members worked together to come up with a solution.

The Borsellino’s may exclude themselves from the City of Marco Island’s National Flood Insurance Program if FEMA approves the idea.

Borsellino bought the home in cash, something that may have worked against him in terms of gaining the surveys and safe guards which would have been obtained if a mortgage from a bank was sought for the purchase. However, that cash deal may be what allows him to also save the home without serious repercussions.

“If the home is separated from the community’s flood insurance plan it will become a problem if the homeowner wants to get a mortgage or obtain insurance on the home,” said Chief Code Enforcement Officer Eric Wardle.

Woodward said his client “is not concerned about a mortgage” because the home is already paid off.

Although the portion of the home under flood may not be able to obtain flood insurance, at least the homeowners will be able to save their home now by not destroying it.

There wasn’t much to lose on the homeowners’ side and the city should not be at risk either, according to advice from the code enforcement board’s attorney Jonathan Shamres.

The code enforcement board voted 6-0 to request the withdrawal from the insurance plan from FEMA and charge the homeowners a $50 fee in addition to the $750 they paid after their last visit to the code board.

Another on-going challenge faced by residents and code enforcement officials, short-term rental nuisances, was addressed at the code enforcement board meeting Tuesday.

Community Development Director Steve Olmsted has attempted to help his staff work with the planned new ordinances, such as the short-term rental ordinance which is in the draft phase, by cross training his employees.

In order to save some money in these difficult economic times, Olmsted said he would delay the hiring of another code enforcement officer and attempt to make his departments run more efficiently by cross-training members of the building department. Building officials have a lower work load due to a decline in construction, Olmsted said.

“We have expressed a need for one additional code enforcement officer. The need is getting even greater with two new initiatives, boat dock extensions and rental property regulations. The agenda is getting longer and longer ... We have nuisance complaints that need to be addressed timely not six to nine months from now,” said Jose Granda, chairman of the code enforcement board.

Granda said based on direction from City Manager Steve Thompson, code enforcement officials will give the approach of getting assistance from building officials a concerted effort before pushing for a new hire.

In the meantime, code enforcement’s other officer, Liz Carr has taken on the community debate first hand by addressing at least one rental nuisance complaint which has been ongoing for four years.

Neighbors of a short-term rental property at 640 Dorando Court have been working to limit the code violations occurring in their neighborhood for at least four years.

Until recently, the police department did not record complaints – such as noise issues – if they were resolved upon officers’ departure from the scene. However when it comes to short-term rentals, neighbors such as Ken Honecker, say they need repeat offenders to be recorded by property.

While the property remains a problem, the renters are new each week.

“They are essentially using this home as a hotel. I don’t think that’s allowed under our current code,” Honecker said.

The question has not been addressed by city attorneys as to whether short-term rentals are allowable as a use in single family residential areas.

The loop hole in how repeat offenses are documented however was addressed by law and code enforcement officials.

Police Chief Thom Carr changed the policy, forwarding all reports of code violations to code enforcement.

While this is the first time 640 Dorando Court has been brought before the code enforcement board, 19 code violations have been reported on the property in four years.

The owner of the property, Realty Net Real Estate, LLC, of Marco Island was ordered to pay a $750 administration fee Tuesday.

If the property is brought before the board again for noise, trash or parking violations, it will be treated as a repeat offense against the owner regardless of whether the violation was performed by a renter or visitor. This allows fines up to $250 per day for each day of violation in addition to administrative fees. Many people, such as Honecker, are seeking that these fines be higher when the short-term rental ordinance is complete.

Carr said he has data that indicates at least two years of trash, parking and noise violations on the property. Since the individual violations were quickly corrected, they did not fit the general guide lines of going before the code enforcement board, until now.

The planning board will be discussing the short-term rental ordinance 9 a.m., Friday, in the Community Room, 51 Bald Eagle Drive next door to the Marco Island Police Department.