Stray Current
Well-Known Member
- Oct 27, 2019
- 2,000
- Boat Info
- 2007 260DA
- Engines
- ‘07 6.2 Horizon MPI / ‘24 SeaCore Bravo III - ‘07
Kohler 5ECD
Thought you might be interested in this about " the boat graveyard" (marina) you posted pictures of in posts #168 & #170 it is up Alligator Creek in Punta Gorda:
Ownership battle stalls cleanup at Riviera Marina in Punta Gorda
PUNTA GORDA — Sinking boats and polluted water have area boaters calling for action at Riviera Marina in Punta Gorda. But a legal dispute over ownership has stalled major cleanup at the property, 5600 Deltona Drive, outside of the Punta Gorda city limits.
Boaters like Debbie Tait and Michael Williams have both filed water pollution notices with the Florida Department of Environment Protection against the marina, which has been in operation since the 1980s. “I’ve never filed a complaint before but I thought it was necessary to do.” said Williams, who filed the complaint Monday. “The diesel smell is just overwhelming and the amount of sunken boats there is unbelievable. “It’s just ridiculous how much fuel has to be going into the water.” “I was just taking a dinghy ride over there (Sunday) to get out and the smell of diesel fuel (and more) was just horrible,” said Tait, who also filed a complaint Monday. “The Riviera Marina has always had a reputation for being a little decrepit, but it’s gotten worse.”
Charlotte County Code Enforcement issued notices at the property in June for multiple violations, including storage of inoperable boats, people living on boats, and the presence of an unpermitted mobile home. “There are numerous other outstanding issues being investigated by both the FDEP and U.S. Coast Guard for some of these issues and environmental issues,” said county zoning official Shaun Cullinan at a Charlotte County Code Enforcement Special Magistrate Hearing Wednesday. The purpose of the special magistrate is to hear code cases presented by county code officers and to issue disciplinary actions. “There is a dispute about ownership of the property,” Cullinan said. “Per statute, however, we always go by the owner of record pursuant to the deed property appraiser and tax rules.
“That’s why we notified Riviera Marina Holdings Company but also notified the Estate of Barry Batchin as they showed us they had potentially legal ownership.” Special Magistrate Derek Rooney ruled the property was in violation of county code and Riviera Marina Holdings is subject to disciplinary action. Rooney gave Riviera 180 days to come into compliance or face a $250-per-day fine.
“What I’m asking for is six months to see what happens (between the two parties as far as ownership),” Rooney said, “but I’m going to try to keep the pressure up on everyone to get things moving forward.” Riviera representative Bob Carr told Rooney they haven’t had access to the property since the Batchin Estate took it back over in June. “We are not in possession of the marina so can’t help to fix this,” Carr said. “We are worried about the pollution problem (but that) had only begun since the Batchin Estate resumed control of the property.”
Barry Batchin, who died in April 2019, had owned the property before Riviera Marina Holdings took it over in 2015. Elias Mahshie, an attorney representing the Barry Batchin Estate, told Rooney they are rightfully in possession of the property currently; however, that ownership is being disputed in appeals court. “There is kind of a long runway out ahead of us before there is any real, final answer of who is the owner and, ultimately, the person responsible for the violations that the county is alleging exist on the property,” Mahshie said. “Optimistically, it would be at least 90 to 120 days before we know where we stand.”
Since taking it back over, Mahshie said they have been trying to clean up the property but estate representatives are hesitant to fully invest in the cleanup until ownership is no longer in question. Code Enforcement Officer David Santimauro, who has been handling the Riviera Marina case, confirmed that the Batchin Estate has been making some efforts to clean up the property. “No cleanup was started at Riviera Marina until the Batchin Estate took over,” Santimauro said. “The estate has done all of the initial clean up that we have now. Nothing was done prior while Riviera Marina Holdings had possession.”
good read, thank you
I figured that place was in some sort of legal limbo.