Published: Apr 05, 2010 2:16 PM EDT

MARCO ISLAND, Fla. - A couples backyard is literally falling into a canal and they say it's not their fault. They are blaming the neighbors broken seawall and say no one is doing anything to fix the problem. It's happening near the corner of Dana Court and Lamplighter Drive in Marco Island. The seawall backing up against a vacant lot is cracking and it is pulling the neighbors backyard into a canal. "The dirt was starting to fall in. There was about a two foot hole on our side." Three months ago homeowner Kathy Misciasci noticed the seawall next to hers had a crack in it. Now, the problem is worse. "With the rains last Sunday, we had a cave in - or more erosion - because the seawall is continuing to fail." The property owner lives out of state so Misciasci called the city. "All we can do is cite the property owner with a defective, failing wall and hopefully they will comply." The owner was cited in January. They are doing what they can to save their backyard, but the Misciasci's think the city should be doing more. "If there was imminent danger to residents, we can address it. We would spend money, we would move forth. In this instance, it's not. It's her yard washing into the canal." Misciasci hopes a fix comes soon... before it's too late. "Now we're into tress and the landscaping. If it continues, does it come up to the house?" The property owner just applied for a permit Friday to get this fixed... after hearing WINK News was doing this story. If it's not fixed in 30 days, he will be fined. The contractor also told the neighbors in an email, their yard will be fixed.