All right, I call this hearing to order. As a reminder, if everyone could please turn off your cell phones or put them on silence so as to not disturb today's hearings. My name is Monica Schmucker. I'm the appointed special magistrate to hear today's code enforcement
proceedings pursuant to chapter 2 article 5 of the Fort Myers Beachland Development Code and Florida Chapter 162. Uh the first item on the agenda is we're going to approve the minutes. Does anybody have any comments as to the
minutes? Okay, I have read them over and I approve them as written. Seeing that there's no comments, I will go ahead and sign. All right. All right. Um, we're going to hear the cases on the
agenda in the order in which they appear, unless anyone wishes to make any changes or updates at this time. >> We have some housekeeping. Um, we have a case that was continued from last hearing on January 15th to this hearing that did not make it on the um, printed
agenda. >> And was it noticed? >> It was noticed. Um, the order was sent um, appropriately. I It's case 2025968 155 Hibiscus Drive. >> Okay. We can add that to the agenda as is it a
status update? >> It is a status update. Yes, ma'am. >> Okay. As item D under status update. >> Thank you. >> That'll be the only change at this time. >> Is that all? >> That is it. Yes. >> Okay. Thank you. All right. Um
we'll then begin to hear uh we'll start first with the violation cases. As a reminder, these are quasi judicial hearings, which means that they're similar to a case in court. However, the rules are less formal. Formal rules of evidence do not apply, but the proceedings will be governed by fundamental due process. I'll listen to
the facts and evidence before me in each case and apply them to the applicable law. In all cases, the town has the burden of proof and will present the case first. If the respondent is present, um the respondent will then have the opportunity to speak, present evidence, and refute the town's
allegations. All parties who appear to speak will be given the opportunity to do so. At the conclusion of each case or within 15 days thereafter, I'll issue an order with findings of fact, conclusions of law, and uh the relief consistent with Florida law. At this time, I'll ask
anybody who's here to speak to provide testimony to please stand up, raise your right hand for the taking of the oath. Do you swear or affirm that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? >> Okay. Thank you.
>> All right. So, we can proceed with the town's first violation case, which is case number 20251156. Property owner Ganam Properties LLC. Property address 1240 Eststero Boulevard. >> Good morning, Hannah.
>> Good morning. My name is Tim Hoffman. I'm an officer with the town of Fort Myers Beach. I've worked for the town since May 13, 2024. I've been sworn in and will be providing testimony and documentation for case number 2025 11156. Document the documentation is
attached to the agenda as exhibits and we ask that all documents be accepted into evidence. >> All documents that were attached online as exhibit A will be admitted. >> Thank you, honor. The subject property is located at 1240 Sterile Boulevard,
Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation, notice of hearing sent on SE on November 5th 13, 2025. Affidavit of notice and posting, copy of certified mail receipt, and photos of notice of violation, notice of hearing posted on
November 13, 2025. On site, notice of violation, notice of hearing posted to town hall on November 13, 2025. The documentation that the respondent Canon Properties LLC own the real property that is subject of this code enforcement case included in exhibit A is a copy of
Lee County Property Appraiser, Lee County Tax Collector and Sunbiz. These records demonstrate that notice was provided to the property owner. I would like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection of the subject property on January 21st, 2026,
and the subject property was still in violation of the town of Fort Myers Beach ordinance. Please accept this into record. >> Exhibit B will be admitted. Thank you, your honor. Ganon Properties LLC was given 30 days to come to compliance with with the town
of Fort Myers Beach Ordinance, which was honored before December 13th, 2025. I would like to submit exhibit C as a final affidavit of non-compliance with photos. The site special was completed again on February 18th, 2026, and the subject property was still in violation of the town of Fort Myers Beach
Ordinance. Please accept this into record. Exhibit C will be admitted into the record. >> Thank you, your honor. >> Thank you. As a result of the subject property owner's failure to bring the subject property into full compliance with town code chapter 6-1 section 303.1
swimming pools section 341176 C, 1 in ground swimming pools and section 6-1 adoption of international property maintenance code 301.3 vacant structures and land. And based on my sworn testimony and evidence that has been presented to you on behalf of the
town of Fort Myers Beach, I ask that an order be issued. The town would like to ask for a finding of violation and to impose an administrative fee of $250 to cover the cost of bringing this matter before the special magistrate. Based on the location of this violation and the
proximity to the beach, which represents a real safety concern to the general public, the town would like to ask that a $250 a day fine be imposed starting on this date until the violations are fully abated. Thank you, your honor. >> Thank you.
Am I correct that there's no there's no water? It's a structure issue, right? >> That's correct. It's basically the foundation of the pool that's currently existing on property. Um there's clearly grass and dirt in in the in the pool itself, but it's all deteriorated all
around the pool and it needs to either be fenced or uh demoed. >> Thank you. Have you had any communication with respondent or any permitting? >> I have spoke with um the individuals that run the parking lot on that property. I do not believe they are the
property owner the I do not believe that is the property owner. >> Okay. All right. Thank you. Um I will issue an order um finding a violation as far as the
penalty is concerned. I'll take that under advisement so that I can take a better look at these photos. Um does the does is the town prepared to be able to secure that uh property in the future if need be if it becomes a safety hazard? I
can inquire about that and advise accordingly. >> Okay. Um, let me take a look at it and I'll issue an order uh hopefully within the next day or so. I mean, I have 15 days, but I won't wait 15 days. Okay. >> Okay. Thank you, honor. >> All right. Thank you. >> Thank you.
>> All right. Um, that's it for the violation cases. The next items on the agenda, um, item four, status updates. We have FMB case number 2025 0722, property owner Ronald Yank or
Yankee. Um, property address 167 Chapel Street. Do we have a respondent? No. Okay. >> No, your honor. >> All right. Maybe person. >> Good morning. >> Good morning. >> Um, good morning, your honor. My name is Terry W. I'm a code enforcement officer
with the town of Fort Myers Beach and I've worked for the town for over a year and a half. I've been sworn in and will provide a status update for case number 20250722. The property located at 167 Chapel Street, Fort Myers Beach, Florida, has
complied with the original um notice and the order educ executed December 8th, 2025 in the code enforcement was ed another one was um executed on January 26, 2026. Um, Ronald Yankee, the property owner,
paid the $250 administrative fee from the December 2nd, 2025 hearing and and received the required permits for the two sheds slash structures that were installed on the property. I'd like to submit into an into evidence an
affidavit of final compliance and a copy of the permit 20252511 showing that the permit has been issued. Please accept this into the record. Thank you. And the town would simply like to ask
for a final order of compliance because the property owner has come into full compliance with code enforcement case number 2025722. >> Okay. Thank you. Uh there's no outstanding administrative fee then. It was just one that was imposed and they paid it. >> Correct.
>> Okay. Uh I'll admit exhibit A and I will issue an order of compliance. >> Thank you. >> Okay. Thank you. >> All right. The next case on the agenda is FMB case number 20251220. Property owner May Aaron Christopher and
Philip Johnson. Property address 101 Baymar Drive. Do we have a respondent? Nope. >> No, you don't. All right. >> Good morning, your honor. My name is Officer Hoffman. I've been with the town of Fort Myers
Beach since May 13th, 2024. I've been sworn in and will be providing a status update for case number 20251220. The subject property is located at 101 BMR Drive, Fort Myers Beach, Florida 33931. Reinsspection of the property located at
101 Bayar Drive on February 9th, 2026 revealed that Mayor Christopher and Johnson Phillip, the property owners in this code case, have abated all violations pertaining to the property. The subject property is currently in compliance with town code requirements.
I would like to submit the affidavit of compliance as of February 9th, 2026 as exhibit B. Please accept this into record. Thank you. >> Thank you, Connor. The town would like to ask for an order to impose an administrative fee of $250
to cover the cost of bringing this matter before the special magistrate. Once the $250 administration fee is paid, this case will be closed due to compliance. Thank you, your honor. >> Thank you. I will issue an order finding uh that
the violations have been abated. The property is now into compliance and I will impose $250 administrative costs. >> Is that that's all we're requesting? Okay. >> Yes, ma'am. >> All right. >> Thank you.
>> Thank you. >> Okay. The next item on the agenda, we have FMB case number 20241153. Uh, property owner Copachu Ruben and Brisk Iona. I'm sorry, Yana. Uh,
property address 5660 Williams Drive. We don't have a respondent here for that. Okay. Thank you. All right. Good morning again, your honor. My name is Officer Hoffman with the town of Fort Myers Beach. I've worked for the town since May 13, 2024.
I've been sworn in and will be providing a status update for case number 20241153. The subject property is located at 5660 Williams Drive, Fort Myers Beach, Florida 33931. Reinsspection of the property located at
5660 Williams Drive on February 10th, 2026 revealed that Copachu Rubin and Brisk I Oana, the property owners in this code case, have abated all violations pertaining to the property by the removal of the roof portion of the
boat dock that was in disrepair for the removal of unsecured cables from the boat lift and other portions of the dock that were in disrepair have been removed. The subject property is currently in compliance with town code requirements pertaining specifically to this code case. I would like to submit a
an affidavit of compliance as of February 10th, 2026 as exhibit B. Please accept this into record. All right. Um, exhibit B will be admitted. >> Thank you, your honor. The town would like to ask for an order to impose an administrative fee of $250
to cover the cost of bringing this matter before the special magistrate. The town is not seeking daily fines to be assessed as the property owner has willingly communicated and worked with code enforcement to come into compliance. Uh once a $250 administration fee is paid, this case
will be closed due to compliance. Thank you, your honor. >> Thank you. I will issue an order of uh compliance imposing the $250 in cost um and and finding that they were in violation but that the property is
non-compliance. >> Thank you. >> Okay. Is that all for that one? >> That's all. >> Okay. Thank you, Ar. >> All right. So, the next case that we have on the agenda is the one that was added today. Adam item D, case number 20250968,
address 155 Hibiscus. Do we have a respondent here for that? >> No, >> doesn't look that way. >> I'm sorry. >> It doesn't look that way. >> Okay, but it was noticed. >> Yes. >> Okay. All right. You proceed. >> Thank you. Again, Terry White, code
enforcement officer for the town of Fort Myers Beach. Um, I've been sworn in. will provide a status update for case number 2025968. The property located at 155 Hibiscus, Fort Myers Beach, Florida, has not complied with the original
code notice violation notice of hearing or the code enforcement order executed on December 8th, 2025 or code enforcement order executed on January 23rd, 2026. Cecil Cecilia Gonzalez was ordered to remove all
debris from their property, drain and clean the pool water, drain or clean the pool water and properly secure the pool so as to prevent unauthorized or unsafe access by January 23rd, 2026 and to
submit all necessary paperwork for permitting to permitting for the demolishing of the pool/structure and or erect the property. property um proper barrier to fully comply with the International Property Maintenance Code
section 303.1 and the Fort Myers Land Development Code sections 34-176 C1 by January 31st, 2026. Miss Gonzalez has paid the 20 $250 administrative fee from the December
2nd, 2025 hearing. They um she has removed the debris, has maintained the weeds and grass below 12 in and removed the pool water. However, the property owner has not applied for any permits to demolish the pool or erect a proper pool
barrier. I'd like to submit into evidence an affidavit of non-compliance uh along with photos taken on January 21st, 2026 showing the grass and weeds below the 12 in
requirement. Uh proof that the debris has been removed and that the pool water has been removed. um and the continued use of the temporary fencing and a copy of the last permit applied for which was August 2023 for the remodel which has
been abandoned. Also, there are photos there from February 18th which was yesterday showing that the pool um was still there and that the um temporary fencing was still in place that um permanent fencing
has not been put up. Okay. This will be exhibit A. >> Sure. Yes, please. >> Okay. Exhibit A. >> All right. >> Electronics. >> All right. We'll we'll admit these documents as exhibit A.
>> I appreciate that. Thank you. Um the town would just like to ask for a final order of non-compliance. Um, the property owner has not come into full compliance with the code enforcement case number 20250968. And the town would like to ask for daily fines of $250 to be imposed for each day
the property has remained in non-compliance since the January 1st, 2026 that was in the order. Um, and we'd like uh either permanent again either permanent fencing or the pool demolished um which both require permitting from
the town. Thank you, your honor. >> Um, and I'd like to ex submit this as exhibit B, which is your order from last month, just so you have it for your >> Thank you. All right. Thank you. Is that >> that's it? Yeah. Completed. Thank you. >> Oh, and we'll uh I'll admit this as
exhibit B. >> Okay. Thank you. >> Um if deemed necessary and uh the violation is an immediate safety threat to the public, the town may be authorized to correct the violation. That means um getting a proper
contractor to secure the area. If the town deems that necessary, well, I guess advise if if you do deem that necessary at this time or if you want to revisit it at a later date. um any such costs would then be charged against the property and become a lean on the
property. And this information was provided to the respondent that if the town is forced to take um such measures that does become that does get added on to the fines and fees. So definitely consider that if you deem it to be a
public safety hazard. Um I can authorize that if need needed to. But I do see the code enforcement order that I submitted and I was very clear with them in the last hearing that um that the fees would begin as of the I believe it was January 1st date. Is that correct?
>> Yes, ma'am. >> Okay. Um because they they were given a couple of chances there. So have you been in in uh communication? I know that they were responsive previously. Um we after the
last hearing, we did have communication in that um we were asking again that they move quickly to either demolish the pool or apply for permits for the fencing, the permanent fencing. Um and also we sent them a link on how to pay
for the $250 administrative fee. But after that, we've had no communication and like I said, no permits have even been applied for for the demo as they stated they were working on. >> Right. Okay. All right. So, I will issue an order imposing those fines pursuant to the January order. Um, as of January
1st, 2026, I'll impose another $250 administrative cost for today's hearing. As well as um I will authorize the time town to if if they need to uh hire somebody to secure that, then that can
be done as well and the costs would be added to to the lean as well. >> Great. Um, is there anything else I need to address on that one? >> I don't think so. I appreciate it, though. >> All right. Thank you. And I believe that that is it. Is there
anything else that we need to address? Yes. >> Um, nothing else at this time, yara. >> Okay. All right. Then that concludes today's hearings. Uh, it'll be a