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The Madeira condo association will be issued a notice for violating dune protection ordinances after a code enforcement officer observed a contractor cutting foliage in the dune area of 350 S. Collier Blvd on Monday morning, according to a Marco Island Police Department news release.

"The (officer) immediately stopped the activities to determine if the contractor had a valid permit and if the activities were permitted – cutting sea grapes and other vegetation," the news release reads. "Upon investigation it was determined Greenscapes does not have a valid City of Marco Island landscaper permit, nor were the activities engaged in permitted."

MIPD immediately notified Florida Department of Environmental Protection (DEP) and other city agencies, according to the release.  

In case you missed it: City wants Madeira, contractor on 'short leash' after dune removal

Greenscapes and Madeira are also being issued a notice of violation for parking a vehicle on the beach without a permit. Greenscapes will receive an additional notice for cutting the vegetation without a landscape certification.  

"Additional investigation is underway to determine if any native or exotic foliage was destroyed or any endangered species impacted," the report reads.

The Eagle called Madeira on Monday afternoon to get a statement from the condo association.

"No, we do not have a statement," a woman said. 

After her one-sentence utterance, the call was disconnected.

The Eagle followed up with several more calls to the same number but nobody answered.

The attorney representing Madeira, Caleb Wayne Pringle, was not immediately available for comment. 

In July, the Marco Eagle reported that DEP sent warning letters to Madeira and a different contractor after a department inspection observed removal of native dune vegetation, use of heavy equipment and damage to an the existing dune.

For these violations, the Marco Island Code Enforcement Magistrate issued $1,050 in fines in August against Madeira and two contractors. Other possible fines are pending a final decision from the magistrate

During the last code enforcement hearing the attorney representing the city of Marco Island said he wanted to keep Madeira and the contractor, RR Restoration, on a "short leash" after they did not deliver a dune restoration plan, the Eagle reported on September.

Attorney Joseph Natiello said during the hearing that he did not object to a continuance of the case but the defendants must provide significant progress before the next hearing.

"The city has no objection to the defense's continuance but we we would like see this  be kept on a very short leash," Natiello said. "We would like that before the next hearing there to be a status conference with the defense to show significant progress in obtaining at the very least a temporary plan to restore the area."

More: DEP sends warning letters to Madeira, contractor after removal of native dune vegetation

And: Madeira, contractors fined $1,050 for beach code violations in Marco Island, more to come

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