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Thurs. 6/5/08: Clam pass; Cooper's Hawks; concert Watch »

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They were supposed to leave Monday.

But the birds living high above Eighth Street South ignored their eviction notice, and have decided that city life suits them just fine.

Naples officials estimated that the family of Cooper’s hawks living in a tree on Eighth Street South and Sixth Avenue South would leave by Monday. But according to Naples City Manager Bill Moss, the city’s hatchlings have not yet fledged.

Staying put means the city cannot start construction on a four-story parking garage at the same location. Construction was supposed to begin earlier this year, but was put on hold when city officials found that the migratory birds had made a nest on the work site.

Cooper’s hawks are protected by the federal Migratory Bird Treaty Act. That protection means the city needed to stop construction, or risk disturbing the nesting birds. Had the city moved forward with construction and the birds abandoned the nest, the city could have faced a $5,000 penalty and up to one year in jail.

Since the birds have stuck around — city officials believe the eggs hatched early last month — officials are faced with another question: When to begin construction on the more than $8 million garage project.

“As long as the birds are there, we won’t start construction,” Moss said.

The chicks have left the nest, and are hopping around on the tree’s branches, said Natural Resource Manager Mike Bauer. That’s a good sign, Bauer said, since it means the birds are getting ready to learn how to fly. Bauer said he expects the birds will start taking a few practice flights in the next week or so, and should leave by next week.

Moss said as soon as the birds fledge, the city will begin construction, but not a minute sooner. The longer the construction is postponed, though, means the longer it will be before the structure is up and running.

City officials had hoped the garage would be open before the height of season this year, but Moss said Monday the garage may not be completed until the middle of February.

The city most likely won’t face any penalties for delaying work, and contractors have told council and various advisory boards that the garage will be completed six months after work begins.

It helps, Moss said, that the city was able to do some low impact work on the lot early on in the process. Construction crews moved the test site 160 feet away from the nest, so the work wouldn’t cause harmful noise or vibrations.

Once construction begins, the city will have to shut down Sixth Avenue South for about six months to allow for construction traffic. A portion of Eighth Street South will also be blocked off because of construction, but that blockage is not expected to disturb the flow of traffic.