Cape Coral Code Violation for Construction Site Maintenance

[Peter Davis]

The city of Cape Coral has been cracking down on abandoned single family home construction sites and issuing code violations for lack of site cleanliness and maintenance. Having visited hundreds of these "ghost" sites in person where the builder walked away months and even years earlier, I understand the city's concern, and more importantly, the surrounding neighbors' concerns. The sites are often littered with construction debris, piles of dirt, trash, and many have 40-yard dumpsters full of not only construction debris but also rotting household garbage. I've even seen tipped over port-o-johns on some sites. 

I recently had a seller-client receive such a code violation (first offense) from the city for $5,600 that was required to be paid off at closing. I contacted the city on his behalf to see about reducing the amount, and after a couple weeks a representative from the Development Services Department of the city actually called me back. I explained that my seller lived out of state and that he wasn't aware of the issue, and that his original builder had abandoned the project (through no fault of my client) months before. She explained that the city is aware of this issue with this and other bad-actor builders, and she emailed me a lien reduction application in an attempt to have the $5,600 fee reduced. My client completed and submitted the application with supporting documents and the city reduced the code violation fee down to $560! 

Bottom line, if you're in a similar situation as my client, challenge the fee!