City Holds Hearings on Two Distressed Properties, Lighting Violation

by SC Publisher Shannen Hayes

The City of Sanibel held code enforcement hearings on Monday, Sept. 29, for two distressed residential properties and an outdoor lighting violation, which had tragic results.

Improper lighting was installed in two areas at the Casa Ybel Resort, resulting in the disorientation and deaths of dozens of sea turtle hatchlings from a single loggerhead nest.

Improper outdoor lighting at Casa Ybel Resort resulted in a fine.

Improper lights were installed in the pool area and on one of the staircases at the resort, which caused the disorientation of dozens of sea turtle hatchlings. The red-orange lights are compliant and represent about 98 percent of the resort’s lighting. City photos

The Sanibel Captiva Conservation Foundation’s sea turtle team and city staff discovered improper lights installed in the pool area and on one staircase, as well as the tracks of disoriented baby sea turtles, on Saturday, Aug. 23, and Monday, Aug. 25, on the resort’s property.

Sanibel Conservation Officer Rachel Rainbolt testified in the hearing that the bright white light emitted from the pool area of the resort, as well as a staircase, disoriented the sea turtle hatchlings. The bright lights caused them to go toward the resort instead of into the water.

SCCF Coastal Wildlife Director and Sea Turtle Program Director Kelly Sloan said in the hearing that baby sea turtles and nesting mothers naturally follow the light from the night sky to move towards the water.

“When there is artificial light that is brighter than the light over the sea, they will head in that direction. They will head towards the brightest point on the horizon,” Sloan said.

Sloan also said 87 babies hatched from the loggerhead nest, and none of the tracks led towards the water.

While no turtles were found on the resort’s property, Sloan testified that it was likely they did not survive, mainly because raccoon tracks were visible alongside the turtles’ tracks. Raccoons are a natural predator of sea turtles, she said.

Casa Ybel General Manager Froiland Ramirez took prompt action upon being notified of the violations and the tragic consequences. “We immediately snipped the wires to the pool and stairs,” he said in the hearing.

While the resort immediately disconnected the improper lights and replaced them a few days later, City Attorney John Agnew said it still violated Sections 126-680 (Wildlife) and 126-651 (Preservation and Enhancement of Resources) of the Sanibel Code, an irreversible and irrevocable violation.

Agnew informed the special magistrate overseeing the hearings that the city was seeking a $5,000 fine for those violations, citing precedent. A contractor, who had cut down a tree with an active osprey nest in it, was fined that amount last year.

Ramirez said he did not attend the hearing to dispute the case, but to apologize for the situation even occurring. “We feel terrible about this,” he said. And he added that the disorientation was due to a contractor’s error.

Ramirez pointed out that over 98 percent of the resort’s lighting is compliant, and the resort works closely with the city and SCCF to share resources in support of the island’s wildlife conservation efforts.

“We’ve taken measures to ensure this does not happen again,” said Ramirez, who couldn’t express enough how terrible he and his staff felt about the tragic situation.

A property on Southwinds Drive was declared distressed in January. It showed few signs of improvement until the owner, Keith Lorentz, started demolishing the house days before the hearing on Monday.

Code Enforcement Manager Glenn Nixon testified that the city sent an initial notice of violation to Lorentz in January for an unsound roof with broken tiles, a dilapidated garage door, and windows and doors in poor condition, as well as the poor condition of the lanai.

A property on Southwinds Drive that was declared distressed in January. These photos of the property were used as evidence in the hearing.

All of which violate Section 126-1314 of the Land Development Code, which is maintenance and security requirements for distressed properties. It mandates that properties be free of debris and litter, and that structures be kept in good condition.

Nixon said Lorentz had made little progress in abatement and was granted two extensions. He said the city had just issued Lorentz the demolition permit, and estimated it would take three weeks to raze the structure and pass inspections.

Lorentz stated in the hearing that he and his wife are planning to build a new house, but keep the lanai and pool. He said that the old house was demolished over the weekend, and he was waiting for additional dumpsters to finish clearing the rubble.

Lorentz was found in violation of Section 126-1314 and ordered to pay $424 in administrative fees. He was given 20 days to finish the demolition and pass inspections. He must also apply for a fence permit within 10 days of the order if plans to keep the pool.

A distressed property at 718 Cardium Street has debris, dead vegetation, and fallen trees, which pose a fire hazard and also violate Section 126-1314 of the Land Development Code.

A property on Cardium Street was declared distressed earlier this year, but the city has been unable to contact the owners about the notice of violation.

Nixon stated that attempts to reach the property’s owners at an address in California since July have been unsuccessful, and the Cardium Street property remained in violation as of Sept. 23.

Nixon also stated that he spoke with neighbors who reported that the owners have not been seen at the property in three years, and the city has not had any communication with them.

And no one representing the property’s owners appeared at the hearing.

The owners were ordered to pay a $250-per-day fine, which will begin accruing immediately and continue until the property is cleared of dead vegetation, fallen trees, and debris, and passes inspection. They were also ordered to pay a $424 administrative fee.