NORTH FORT MYERS, Fla -- Neighbors in North Fort Myers say they were sick and tired of the debris in their backyard, that recycling company, MW Horticulture is supposed to be cleaning up. Now the county is suing them for not getting the waste out sooner. The vote, which happened at the regularly scheduled Board meeting, also authorizes the County Attorney’s Office to join the Florida Department of Environmental Protection if DEP also files a lawsuit against the business.
The waste is in homeowner, Paul Jones' backyard, he says you can see some smoke coming out of the big pile of waste on a daily basis and Jones says this has been a heavy hazard on his health, and he wants it gone as soon as possible.
"I can’t even come outside, I have an eye infection since February that I can’t get rid of," Jones said. "It's a big relief, finally someone sees the bigger picture of what they’ve done."
According to Lee County officials, what MW Horticulture has done is a risk the health and well being of residents and nearby businesses, and missed several deadlines to get rid of the waste. The company is being fined $200 per day under a decision from the hearing examiner, who ruled that MW Horticultural was not in compliance with the county code.
"Us more than anybody want that pile gone faster than anybody because it’s costing us money, it’s hurting our reputation," said MW Horticulture owner, Denise Houghtaling.
Houghtaling says the only deadline her company has missed was on July 5th. Houghtaling explains to Fox 4, she sent a letter earlier this year to Lee County officials, that it would take a year for the waste to be picked up, due to the temperature of the pile, which she says is 550 degrees. Now she feels the county rushed to a lawsuit.
If they really care about the community, let us do what we’re asking to do and let us cover it, let the pile sit for a month or two then we can start hauling it away," Houghtaling said.
But hauling the waste away as soon as possible will be a breath of fresh air to some.
"Now I think we might have a little fresh air because when that pile is gone I’ll be relieved," Jones said.
Lee County says the hearing examiner is expected to on August 19th to hear a similar request for a daily fine at the South Fort Myers site.
The accumulation at both sites has resulted in numerous fires as well as continuous air- and water-quality issues.
Following the Board vote, the County Attorney’s Office will now request a Circuit Court judge to issue an injunction forcing MW Horticulture and the property owners to come into compliance with county regulations, thereby providing relief to neighboring residents and business owners.
