WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=6JF0wUTysTQ

NOTE
MEETING SECTIONS:

Part 1 (Video ID: 6JF0wUTysTQ):
- 00:00:58: Meeting Called to Order; Agenda and Minute Approval
- 00:02:03: Agenda Housekeeping: Cases Removed and Continued
- 00:04:49: Case 2026-0273: 256 Osteigo Drive Violation Hearing Begins
- 00:05:27: Officer Hoffman Sworn In; Presents Evidence
- 00:08:01: Officer Hoffman Presents Additional Evidence, Requests Order
- 00:09:16: Finding of Violation; Compliance Deadline Established
- 00:10:51: Meeting Adjourned, Upcoming Lien Assessments Mentioned


Part: 1

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Good morning. Can you all hear me? >> Yes, your honor. Good morning to you. >> Can you hear us? >> Yes. >> Excellent. We're ready if you are. >> All right. Let's uh There we go. Let's uh we'll go ahead and

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call this proceeding to order. We'll go on the record. This is the Fort Myers Beach special magistrate hearing uh for uh Tuesday, May 5th, 2026. We're getting underway as scheduled at 9:00 a.m. My name is John Van Lanningham and I am the the town's uh special magistrate for

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code compliance. I'll be conducting today's hearings which we will begin calling shortly. Uh before we do that, we have a a couple of administrative matters to attend to. The first one being the approval of the minutes from the hearings that we

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conducted on April 7, 2026. Are there any objections to the approval of those minutes? >> No, your honor. >> All right. If not, we will approve the obje excuse me, the minutes from the uh April 7, 2026 meeting. Uh are there any

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other preliminary items that we ought to attend to before we start calling the cases? >> Yes, I have some agenda housekeeping. Um, violation case A 202600575863 or Sterile Boulevard is in compliance

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and will not be heard today. Then we can begin uh we can begin with uh the next item on the agenda. I guess it would be case number 20240733. >> Yes. Agenda item B case 20240733 146 Hercules Drive, Midwest Decoration

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Company. Um this was cited for working outside scope of a permit. Um I have been in discussion with the property owner. Um they are um missing some final information on um obtaining their permit. um regarding um cost of construction. I was hoping they would be

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here today. Um but since they are not, I would like to request a continuence to August 4th, 2026 to give us time to schedule a meeting um to try and get that final information. If not, um we'll hear the case in August. >> All right. So, we will continue this

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case then to August 4, 2026. >> Thank you. Um agenda item C 2025 08001668 I Street B&B properties of Fort Meyers. Um this case um was also for permits

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they and um exceeding the scope. Um they have obtained permit 24836 and are working towards um final compliance. um we would like to give them time to obtain that um final flood type of compliance on the first floor and also continue this one to August

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4th, 2026 since they have obtained that permit. >> All right. So, we'll continue this case as well to August 4, 2026. All right. >> Good morning. >> We probably need to uh swear people in

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for this upcoming case. >> All right. I Let me see while I'm I only see myself at the moment. Let me I can see the room. Could we switch the cameras, please, for the public view? Thank you. >> There we go.

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>> All right. So, which one which one is next? >> We're going to hear case 2026 0273. >> All right. This is 256 Osteigo Drive. Yes, your honor. >> And

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do we have anybody here for the respondent? >> We do not, your honor. >> We don't. >> No, sir. >> All right. Uh and uh and who's at the podium here? >> Officer Hoffman, town of Fort Myers Beach. >> All right. I'll go ahead and swear you

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in. If you raise your right hand for me, please. Do you swear or affirm testimony give be the truth, the whole truth, and nothing but the truth? >> I do, your honor. >> All right. You may proceed. >> Thank you, your honor. Good morning, honor. My name is Officer Offen with Town of Fort Myers Beach. I've worked for the town since May 13,

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2024. I've been sworn in and will be providing testimony and documentation for case number 2026 0273. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence.

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>> I'll receive those evidence at this time. >> Thank you, your honor. The subject property is located at 256 Esteego Drive, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation, notice of hearing sent on

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March 13, 2026, affidavit of notice and posting, a copy of certified mail receipts, photos of the notice of violation, notice of hearing posted on March 13, 2026 on site and at town hall. The documentation that

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the respondents KW Oasis Limited own the real property that is the subject of this code enforcement case included in exhibit A are a copy of Lee County property appraiser, Lee County tax collector, warranty deed and sunb. These

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records demonstrate that notice was provided to the property owner. Please accept these documents to record as exhibit A. Exhibit B. >> I'm sorry. Go ahead. >> Okay. Thank you. Exhibit B contains an affidavit of non-compliance dated 428

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2026 along with an affidavit of permit search dated 428 2026 with printed documentation containing the results of the permit search which shows no such permit pertaining to sight stone shellfill has been applied for or

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issued. Please accept this document in the record as exhibit B. >> Yeah, I'll I'll receive all the the town's exhibits. >> Okay. Thank you, your honor. KW Oasis Limited were given 30 days to come into compliance with the town of

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Fort Myers Beach Ordinance section 6-441, permits required, which was honored before April 13, 2026. Exhibit C contains final inspection photos dated 54 2026 showing the property as it currently exists along

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with a special magistrate hearing cost sheet. As a result of the subject, property owner's failure to bring the property into com full compliance with town code section 6-441 permits required and based on my sworn testimony and evidence that

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has been presented to you, including the exhibits within the agenda packet on behalf of the town of Fort Myers Beach, I ask that an order be issued. The tom would like to ask for a finding of violation and to impose an administrative fee of $352.52

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to cover the cost of bringing this before the special magistrate as outlined in the special magistrate hearing cost sheet in exhibit C. The town would also ask that a 250 a day fine be imposed until the violations

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have been abated. Thank you, your honor. Make sure I have it all. You say the costs were $352.52. >> Yes, your honor. >> All right. So, based on the exhibits and the testimony, I will make a finding of violation

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um as to the uh the charges set forth in the notice involving this unpermitted fill. U it's uh clearly visible in the photographs. So I'll I'll enter the uh code enforcement violation order

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bindings of fact and collusion of law. Um did you have a um a compliance date in mind for this? >> Uh we 30 days from today. >> Okay. All right. Very good. So, we'll set the

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uh the compliance deadline for 30 days from today. And let me just look at this one time. Okay. So, I've got everything that I need on this one. Um, is there anything else that uh that the town would like to add?

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>> No, you're not. You're on or not at this time. Thank you. >> All right. We'll get you an order out on this one. um find that violation uh and uh um imposing the uh the uh the daily fines and the administrative fee as as

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outlined in your testimony. Um and uh and so that that will be uh that will be that one. >> Thank you, your honor. All right, >> that's all the cases on the agenda for today. Um, just for note, we will be

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bringing some um, lean assessment hearings over the next few months from previous hearings. Um, so you'll be seeing those coming in the future and I do appreciate it. >> All right. I guess we've got uh we've got the special set on on May 7th in a

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couple of days and that uh that ongoing matter. So I will see you all again on uh on Thursday and uh with that we are adjourned. See you next time. >> Thank you your honor. >> Thank you your honor.