Wednesday, August 31, 2011

Golf Club Mowing Update

Below is an email response from Cape Coral code compliance to an inquiry about the overgrowth.

Hello Mr. Hutcherson. Officer Foley is correct in that we have been informed by the managing partners of the old golf course property that they do not intend to continue mowing their property.

As such we have sent them a Notice of Hearing as we intend to prosecute the owners at a Code Board hearing on September 15, 2011. Should they be found to be in violation of city ordinances the Special Magistrate will give them a short time to bring the property into compliance. If they fail to do so at that point a compliance hearing will be held and a lien will be ordered against the property by the Special Magistrate.

The City would have the option of mowing the property at that point and the accumulating costs would be included in the lien for eventual payment to the City for expended costs. Unfortunately the Code Enforcement Division does not have the large amount of money that it will take to mow 150+ acres for even one mowing much less 6 times per year. We are exploring all options available to us at this time.

We are disappointed that the owners of this property have decided to stop mowing their property. Once a lien is recorded against the property this places a cloud on the title that makes it difficult to sell the property. Hopefully the owners will reconsider their position once we obtain a guilty finding at the hearing.

I realize however that this will not be a quick solution for you and the neighboring properties. The need for government to be regulated in enforcement actions by the due process requirements and the protection of individual property rights makes for a cumbersome process. In the end I am confident that there will be a successful resolution.

I hope this information is helpful to you and I am sure it is not the answer you were hoping for as to a quick resolution. If you need any other information or would like to contact me please give me a call or send me an email at your earliest convenience.

With best regards,


Michael J. van Deutekom

Section Manager

Code Compliance Division

City of Cape Coral

(239) 242-3787