I'll call this hearing to order. You here? Okay. As a reminder for everybody to please silence or turn off your cell phones to not disturb today's hearings. That will be great. My name is Monica Schmucker. I'm the appointed special magistrate to hear today's code enforcement
proceedings as provided for in chapter 2 article 5 of the Fort Myers Beach Land Development Code in chapter and Florida statutes chapter 162. Uh first item on the agenda is approval of the minutes. They were posted and I reviewed them
electronically and I will sign them to get those to you. Okay, the minutes are approved. Next, we'll hear the cases that are on the agenda and we will hear those in the order in which they appear unless we need to make any changes at this time. Is there any reason to change the order?
No. Okay. These are quasi judicial hearings which means that they're similar to cases in court. However, the rules are less formal. Formal rules of evidence do not apply. The fundamental due process will apply in government proceedings. I'll listen to the facts and evidence before me and apply them to the applicable law. In all cases, the
town has the burden of proof and will present the case first. The respondent can you hear me? Okay. Yeah. The respondent will have the opportunity to speak, present evidence, and review the town's allegations. All parties who are here on a case to speak will have the
opportunity to do so. At the conclusion of each case or within 15 days, I will issue an order with findings of fact, conclusions of law, and affording the proper relief consistent with work of law. At this time, I'd like to ask everybody who's here to provide testimony to please stand up. Raise your
right hand for the taking of the oath. Do you swear affirm that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? >> Yes. Okay, we can proceed to the cases. And first on the agenda, we have uh status of
compliance hearings. The first one is case number 2024 073, property owners Christopher Robertson and Shannon Robertson. Uh do we have an officer from the town
here? Perhaps you can pull the chair to the end there just so that we have the microphone close to you. >> Sure. >> That works. Okay. Good. Okay. Okay, we are here for
a status of compliance hearing um order that was entered um June yes June 6, 2025 uh had a sub substantial compliance date by July 6, 2025. Does the town have an
update on status of compliance? An inspection was completed on um August 28, 2025. Um the property is pretty much in the same condition and there still issues with permitting.
So the property is not in compliance yet. >> Has there been any steps towards compliance? Um, for a while the property owners were talking to me and they were trying to apply and then basically they've um gone through permitting and I think there's
still some quite a few issues. >> Okay. >> So, there still aren't permits um that have been approved for the >> There's something's approved. Pardon me. >> Something was approved. No, I said nothing has nothing has been approved
yet. The I believe that they've turned in some paperwork, but the permitting department and the town of Fort Myers Beach has not approved any permits for the work that has been completed. So, they're still in non-compliance. >> Okay. Respond. >> Jamie. >> Sure.
>> Jamie. Jamie. >> Terry. Can you identify yourself? >> Who me? >> No. >> Oh, >> sorry. Um, Terry White, town of Fort Myers, Beach Code Compliance. I've worked here for a little over a year. >> Okay. Thank you. Respondents.
>> Yeah. Everything that um >> So, for the purposes of record, go ahead and identify yourself. >> Oh, I'm sorry. I'm sorry. >> Chris Robertson, 4855 Dolphin Lane. Um, everything is complete. Um, I was given this list by the city and went over it
numerous times with the office right next door. Um, the last two things I I emailed her pictures uh to show that it was complete, which includes uh I had to go down to the county and
record. This is the receipt where I recorded the acknowledgement the acknowledgement of the flood plane u regulations. That's all done. And then the flooding vents that were the last thing to uh to do. I sent pictures to
Terry, an email to Terry. Um, that was the last thing to do. That has been done. It's all complete. Everything on this list. >> Okay. Are those exhibits that you want >> to show me? >> Sure. >> I didn't hear. >> Do you want to give her the exhibits? >> Oh, yeah. Yeah. Yeah. If I can get a
copy of it, that would be awesome. >> Before you do that, you show that to the officer. >> Yeah, sure. >> That's the recorded from the county. >> That was for this form here which is the flood plane. So this is that's all done. Um the
pictures of the flood vents that were installed which is listed on this from the count or from the city. Um I've got pictures on my phone of that >> that and then we hired someone to do there's a permit pending for the siding to be finished.
I know, but I know she said it doesn't look any different, but we hired somebody, so that permit should be in. >> The company we hired put a permit in for our sighting. >> Are you Shannon? >> I am Shannon Robertson. >> That's me. Thank you. >> Okay. Um, you show it to her. Okay.
>> Yeah. Yeah. >> I don't know that we have. >> Yeah, >> you should have copies of all this. That's probably the only thing you don't have a copy for, but that goes with that. >> Absolutely. Okay. Hang on. We'll return. >> That's for her. Or you need another one.
>> Okay. copies after hearing these. >> So I do it on our way out and leave them in there for you. So I mean I'd love to stay for the whole thing, but >> okay. >> I just want to state that
we have been trying to get everything done. We've called FEMA numerous times, but um and Lee County and every time they do, they refer us back to a particular person in the city who I've emailed and called endless amounts of times, but
have only got one reply, which was very vague. Um and then been working with the lady that I forget her name, begins with a G, I think, that works next door here, who's been very helpful. >> Okay. Um
I guess this question is for the town. What specifically needs to be done in order my my my understanding of the the order was specific to work on the property without permitting including
the lower level enclosure. Um, what specifically is it that was done that needed to be brought into compliance with the permitting? >> So, I have a copy of a permit that was
um it's on hold through the permitting department. It's permit number 2024 uh 2455. It's actually 242455. Um and it was for the enclosure of the
carport f um from Ian damage. Um it's on hold. It says that the um requesting flood conditions be assigned to um one of our flood people. The it says hold per flood. We only have an HVAC
the air conditioning uh permit completed with this property since Ian. I completed my comments but think we need to hold this until we can complete the substantial damage review and confirm if any unpermitted work has been completed. And that was our previous flood plane
manager. So um as far as I know um and this I printed this this morning. >> Thank you. >> Everything is still on hold because permitting still needs more information. And if we can maybe um can you maybe pull up that property and find out any
other information other than what I pulled up this morning? >> What is the information that needs to be cuz here >> if if we are going to you know if somebody's in violation and they need to turn something up into compliance both
parties need to work towards this. So, sure. >> What's the hold >> for what needs to be done and by whom? >> I think it's still all on the town. Um, it sounds like that they've turned in everything that we've asked them to turn in. We just need to um do additional
review and complete the substantial damage review needs to be done as well. Do you recall if you did a substantial damage paperwork or at least line for line how much money you've spent on >> I have done something like that. Yeah, it's all in this huge packet of trying
to get this approved. Yeah, I'm sure there has been >> if not >> but everything like I said everything you've asked me to do on this list I have done 100%. So, um, if there's something additional, I'm going to aware of it. But, I mean, I've got so much paperwork on this just one permit. And I
have done something similar where you do the itemized out costs for the products used and the >> the labor times. I think it was 17 whatever, an hour or so. I've done all that. That's been submitted for >> right >> a year >> because the the orders they have to be
in compliance or substantial compliance, right? And so if they're working towards it and they've done what they can do and we're waiting on the town, campaigns them, we're just waiting on a review on the behalf from the town. So that's my question is what is it that they need to do?
>> Have they done what they needed to do? And is the whole related to something like is it the town that needs to conduct this review? Who does the substantial damage? >> Well, if they turn in the paperwork, then we do the permitting department does the review. Is the paperwork turned
in? >> No. >> I hope so. >> I hope so. >> So, this was 64205 of a information to the property owner.
There was a rejection letter stating that the second flood review was denied. And the reasons were >> that's what I got. >> Okay. Based on the permit history, there is only one complete permit for the um
air conditioner repair since Hurricane Ian. The owner must file an afterback permit for any work completed without permits. Drywall, garage doors, interior, exterior, windows, siding, electric, insulation, flooring, cabinetry, uh water heater. Um notes on
the garage enclosure. Um, flood plane affidavit must be recorded at the clerk's office, which it sounds like you did that. >> Yes. Yep. >> Um, provide a floor plan or construction documents um that detail the location, scope, and proposed work. Um, overhead
and project cost must be itemized. >> Attach a copy of the 2022 FEMA 50% market value appraisal for the building structures. Pre-torrm flood vents are required in all enclosure areas below.
Um the designated flood elevation including breakaway walls. Add specifications and sighting calculations for the flood openings on the construction details and state on the plans at the bottom of each flood vent opening can be no more than 1 foot
above the final exterior grade under each opening. Um that says please note mailed in or paper plans will not be accepted. submit all correction all corrected together at one time with the appropriate response cover letter showing um that the items can be
found um and they can be um emailed into resubmit at forterspechgv.com and please note that no other reviews will be done until the zoning review is approved. Um resubmitts will not be processed until all review comments are
addressed. Um, so like I said, everything is still on hold. Um, I don't see that when I printed any of this up that every single one of these line items is included. But if you'd like, I
can sit aside with Tracy and we can go through and then give you a specific line item that maybe is required that hasn't been turned in. >> When you say it's on hold, what is it on hold for? What are they waiting for? Is it one of those line items?
>> Mhm. >> Okay. Why don't you identify what it is? >> So we can be specific and >> because we're going to need to know exactly what it is that's left so that they can come into compliance and then we can see if it's substantial
compliance. If it's one of those items, then that's easy. If it's >> I mean, they've been trying. I will say that that they've been trying at least with me. they for a long time were very >> um open and emailing me and calling me and then it sort of just got put into
permitting because really that's who they had to deal with. >> Okay. So yeah, I would like I would like for you to identify what it is specifically that is needed. If you can do that, >> yeah, we'll try. >> Um if you can do that today, if you can't then um you know,
>> we can do it today. >> Okay, good. >> Okay, good. Mhm. >> So then that's it for that one right now. Mhm. >> Um if you're able, we could come back to it and then we'll issue an order accordingly. Otherwise, you know, I'll have to find that they're
at least in substantial compliance to this point if they turned in the paperwork that >> Sure. >> needs to be done. So, go ahead and review it. We'll come back to it and then I'll issue an order based on what >> Okay. >> Yeah, that sounds fair to me. >> Just one more. I'm sorry. >> No, you're good.
>> Uh Geraldine, that's her name. I just remembered cuz I remember it was off the Flip Wilson show. That's that's the woman next door that's been going through checking off all my stuff. That's her handwriting on this that she's had copies and copies of stuff of
all this that she was whatever you do as far as putting on the computer. So, um the only two things she didn't have since the last time I talked to Geraldine was the county recorded item and then the flood vents which I said have been installed. >> Right. So for purposes of today's
hearing, I just need the town to confirm what it is that has been done and if if the town's unable to do it, then I'll just have a finding of substantial compliance, but it won't be closed out because it won't be full compliance. Just have to make sure that that gets done and that you stay on it. If you
don't stay on it, >> then like the next time you come before me, >> yeah, >> there's been no progress, but we need to make sure that the town confirms that at least on your end, you've done everything you needed to to
>> No, that's perfect. That's >> And I'll just walk over and talk to her and get specifically what >> Okay. >> Excellent. >> Either what is in review >> or what they haven't turned in that needs to be turned. cuz my determination needs to be whether there's at least substantial compliance to the best of
your ability. That would be my determination. So if the town can confirm that >> then >> perfect. Okay. >> Appreciate it. Thank you. >> Thank you. Thanks guys. Thank you. Yeah. I'll reach out to you. Sure. Sure. >> So not today but call the next
>> Okay. Just want to make sure. We'll talk to you soon. If they come back then I'll have to find Okay. Oh, okay. He's here. All right. So, we'll call the next case. We'll put that one on hold and then we'll pull case number 2024043. Um Scott Sullivan, property address 190
Bay View L. And this is also a status of compliance case. Uh do we have the town? Are you here for the town? Okay. Could you state your name? Uh Terry White, town of Fort Myers Beach Code Compliance.
>> Thank you. And is Mr. Sullivan here? >> All right. >> I'm here. >> Looks like he's here by Zoom. Good morning. >> Yeah, by Zoom. >> All right. Um >> Hello. >> Yes. Hang on one second. >> Yes, I'm here by Zoom.
>> Got it. Can you hear >> I'm still hearing music in the background. >> Go ahead. There's no music here. Can we mute Andrew? >> Hold on, >> Andrew. We're going to go ahead and mute you for now. There's no music on our end either.
>> Hello. >> Yes. >> You still playing music? >> There's no music? No. >> Okay. >> Scott Sullivan's here. >> Okay. All right. Hang on.
All right. Um, so we'll have the town Well, you can't speak again. So, we're here for a status of compliance. We had um a quote enforcement that was issued in
June, also June 6, 2025. Um and the respondent was ordered to work directly with the town to take all necessary steps to correct the violations. By July 6th, we have the construction of the wood
deck or structure outside the scope of work of the permit. Uh 236648. So the town could the town report whether there's been substantial compliance. >> Um so the tiki hut which was part of it, this was the structure. It's actually
tiki hut. Um that permit is in review. So, it looks like he's moving forward and trying to get that either approved or we may not be able to approve it and then he'd have to remove it. But at this point, at least he's moved forward with that. Um, the decking at the pool, that
permit is still expired. So, nothing has moved forward with that. >> The decking. >> Mhm. Oh, when I did an inspection on August 28th, um, and I've made an affidavit of
non-compliance. Um, I guess it would be partial compliance at this point because the, uh, tiki hut is still in review. Um, it hasn't been issued. Again, that's on the town's part to keep reviewing it, find out if we can either issue the permit for him to keep
it or we may just tell him that he needs to be removed. It needs to be removed. So, um, half is okay, the other half is not. >> What's the other half? You mean the decking? >> The decking. >> Was the decking put in? >> Um,
it was, but it's been a long time. >> And that's expired, the permit, >> correct? >> So, there was initially applied for but then expired. Okay. So is that are those the two issues then remaining would be the tiki hut which I
I do recall that and then the deck. >> Yes ma'am. >> Okay Mr. Sullivan response. >> Yes. Um both of those all I can say is this has been a it's been a long drawn out. I'm sorry uh your honor. This has
been a a challenge and the permits um we've had those permits sitting in an email um multiple times in the city's office and I've personally been down to uh down to the city. I've been to the
city. I went over to the uh I've been over to probably to the um uh park district office three or four times. I made multiple phone calls, left multiple uh uh voicemail or tried attempted to
make multiple voicemails to try and get some of this stuff rectified. And in fact, the last time I was with you folks, I think it was in July. Um I had promised I was thinking that I could get this done. I would get a uh survey done,
which is what you asked. And I will tell you, I called and called and called and left emails and left emails and left emails to I'm guessing about four or five different uh survey companies and was unable to get anything
done. The original survey people I finally got a hold of after probably 10 or 15 calls. Gal finally called me back and she told me that they're not even taking uh anything. and they're not even going to do or taking any places to to survey
until after September. So, um my last conversation with her was to call her September 15th and try and set up a time when they would start doing a survey. Now, along with that, I I think it was
uh uh July 28th. No, it was August. No, it was July 27th, 28th. I try I was trying to send emails even to uh the control officer and I'm I don't
know if I had the wrong email. I don't know, but I eventually finally got a hold of somebody from the city. I was finally able to send a copy of or uh letters to the city, emails to the city saying, "Hey, look at this is what was going on. We've not been able to. This
is what happened." I named the the uh survey company and uh so that is a reason why I haven't been able to get anything done with the surveys. Now the permitting the permits have all been put in. Uh I
know that there's a a gal by the name of I can't tell you Jennifer's last name but she works for night solutions at night creations and she has been I know she's been down to the office. I know that she has talked to somebody
from the city. I think it was two weeks ago, three weeks ago now, and they said, "Oh, yeah, we've got all the permits. We've got everything here. Don't know why it hasn't been approved yet. I don't understand." And then, uh, that was one week, and the next week, Jennifer went
to follow up and, um, the gal was gone. And so, I I don't understand them. That's night construction. They're the ones that were supposed to be doing the do the um doing the permitting. I know I was I was trying to take over, but I
know Jennifer has been working cuz she text me and said, "Look at I'm doing this." In fact, we had a um uh we were notified we were supposed to do something with the um Shell Rock that we needed a permit. Now, there's nowhere in the city that that we
know of in the city that says for Shell Rock you have to have a permit. So, we we didn't know that. And and I get it. Knowledge is the lack of knowledge is is uh one thing, but there's nothing in the code book that says you have to have anything for shell rock cuz it's a
permittable or it's, you know, people it flows in, flows out. So, we thought that was okay. But you got the permit. You got that one. But even I think it was last week, maybe it was the week before, you sent back a notice saying uh there was a
problem with it. So I know there's communications going back and forth there. I I don't quite understand why we're not getting permits taken care of, but on the survey, it's it's been a challenge and I'm sorry. It's not that
we're not trying to uh get this thing cuz it's if it's pain for you, it's a bigger pain for me. And I'd really like to get it satisfied. Figure out what we have to do. If we have to tear the TK hut down, if you need to take if you want me to take the damn decking down, I'll do it. I'm I'm
sick of this. I'm I I am. I'm sick of it. Um I'm I'm I'm frustrated. Um and I'm I'm ready to I'm ready to throw in the towel. You tell me what you want to do. What I'd like to do is ask for some a continuence again if possible.
Um, if not, I I don't know. I'm I'm as I'm as frustrated as is the city. And I know you folks are under the gun because of uh what's going on with the FEMA. So, I I understand your you guys being fussy. I understand all I understand the
rules. I I read about it in the newspaper. I hear it on the radio. So, I I get it. >> Okay. Um so, we have two things. We have the Tiki Hut, which is in review. Right. And then the other is a wood a raised
wood deck. Is that the one we're talking about? >> Yes. It's all It's all one structure, man. >> Is the raised wood. >> It's all It's all one structure. >> It's not a tiki hut. And not a deck. It's the deck. It was a deck and tiki hut. And it was all put up at the same
time. It was all applied for at the same time. And then I believe um the city asked for us to put because for whatever reason they decided that they needed two permits which is okay. Um so I believe we put in another permit but it was all
applied for at the same time. >> Okay. Mr. Sullivan I'm going to ask the town a couple questions. Okay. >> Sure. >> Okay. Um is the raised deck out beyond the the tiki? >> It says scope of work tiki hut. >> Okay. because you said that there was a
an expired permit for the deck. >> It's for uh the pool and the decking renovations, but there's nothing in here associated with the tiki hut for decking. >> So, is is it one permit that they that they need just for the tiki hut outside
of the pool, >> which they have the tiki hut permit? It's still in review. That's the one that's in review. >> I I understand. Are we talking about are there three total permits or two total permits? He's got several actually, but what we're talking about today is the
expired pool and decking renovations and then the tiki hat with uh the wooden decking around it, which is not either the town has told him he needs to apply for a separate permit or he could um associate it with the tiki hut, but it's not. >> You're talking about the wood deck
surrounding. Okay, that's what I'm talking about. >> The wood deck surrounding the tiki hut is a separate permit from the tiki hut structure itself. Is that correct? Well, it sounds like he the town has told him he needs either a separate permit for it. Is that correct, sir? I'm not quite
sure. >> Well, you know, I I get confused to be real honest with you, ma'am, cuz we did we applied for it at the same time. It's all one unit. It really it's it's all one structure. Um, you know, there
there's a 40 I think it's a 42 or 38 in deck. It's raised. It's a raised deck and then the tiki hut sits on top of that raised deck. So you go up three steps I think it is and you're you have
a deck and then the tiki tiki hut there's a tiki bar underneath the tiki hut. So it's all one structure. So in order for me to know whether he's in that he's working towards compliance, I need to know what it is that the town
needs. Okay. So if that uh wooden decking is a separate permit from the tiki, we need to know that. >> Sure. >> If it's not, then it would be included with the tiki structure. In my opinion,
it would probably be easier for him to include it in with the tiki hut, but at this point, he has not included it in with the tiki hut. He does have an expired permit for the pool and the decking renovations, >> but that's not what we're here. >> No, it's not. >> Okay. So, so I don't I don't
>> We won't talk about that. >> Confused. Yeah, that would be a separate issue. But right now, we have a TP hut, which either he's going to have to remove it or the permit's going to go through. He's done what he needed to get you that for you to make that decision. >> And then we have the decking which is
the flooring around it which you're saying is not included in that permit. >> And it needs to be included in that permit or a separate permit needs to be pulled. Is that correct? >> Correct. Yes. >> Okay. Mr. Sullivan, are you understanding that? So the way I understand this right now
you it's either needs to be included in a new permit tiki hut and decking all one permit. Is that what you want? Is that you you want a new permit that includes it or do
you want a permit two two permits? I think it would be easier to do a revision to your tiki hut permit since you already have your tiki hut moving forward. >> Revision to tiki hut. Okay. >> Yeah. And um so 8/19 2025. Um we have a
storm review. Um it's under review right now. Everything else has gone through and looks like it's okay. Um, so I think if you do a revision to add the decking, it might be easier for you rather than start all over again.
>> Okay, we'll do that. We'll we'll revise the tiki or the the original the one that's expired. Well, and I apologize that I had there are no notes um on the permitting for the tiki hut other than um August 19th which
shows it's in review and all it says is tiki hut. So, um, any other >> Oh, I think I think what I I'm guessing when they did that, they probably, you know, assume it has to I mean I I
had the drawings done, so it has to show up on the drawings and I know I've seen those drawings. Um, and I know you have a copy of someone at the city has copies of those drawings cuz I know we've sent them there several times. >> Um,
>> okay. So, >> okay. >> So, I know they're all I know those drawings are all there and tiki hut is shown on the uh on the deal. In fact, one of the things we did is uh when I
first met with the city, the the original guy, we had this drawn out. Um he had us actually cut the tiki hut back um I think 2 or 3 ft because he felt that it overhung the property too far.
And so we gladly did that. It was not a big deal. And uh so that we re we redid that on the same sheet of paper, you know, just changed it and then um would have would have reapplied. >> Okay. So, the permit is in review.
>> Do you know whether or not the decking is included? >> It's not included or not. Not here. >> Is it Are you asking the city or Scott? >> I'm asking the city or the town. >> Okay. You know, it's not. Okay. All right. Mr.
>> Okay. So, I need included. >> You need to do whatever you needs to be done to get a permit for everything. Would you like would you like me to contact permitting just one more time? >> Yes. >> And what we can do is um I have his email address because I contacted him um
last time several times of everything that he needed. We can get it once and for all. Do we need a separate permit for the decking or do we need to do um a revision to the tiki hut? And once and for all we'll get a final answer from permitting to make it easier on everyone
and we'll go forward from there. >> Revision. Okay. Okay. Yeah. I And I think I mean if he's already turned in everything he needs for the tiki head, then we're good on that and then we'll see what the decision is from the town on that. So he's done what he needed to do on that. And now it's the decking
that we need to contend with. >> And the rocks that he was talking about is >> that's not before me. >> No, ma'am. >> Okay. Um Okay, that's it for that one. Um,
thank you. >> All right. Thank you, Mr. Solomon. >> Thank you. >> Oh, thank you. >> Appreciate it. >> Thank you. >> Thank you. But I'm >> as long as they're Right.
Okay. We're going to move on now to the violation cases. We have case number 2025 0119 Mary Cohen Steven Driscoll. Property address 280 Fairweather Lane. Do we have a respondent here for this?
um the town who's here for the town. Thank you. >> Good morning, your honor. >> Good morning. All right. You may proceed. >> Thank you, your honor. Good morning, honor. My name is Officer T. Hoffman. I'm a code officer for the town of Fort Myers Beach. I work for the town as of
May 13th, 2024. I've been sworn in and will be providing testimony and documentation for case 2025 0119. The documentation is attached to the agenda as exhibits as we ask that all documents be accepted into evidence.
>> The documents that were submitted uh that were yes electronically submitted to beitted. Okay. The subject property is located at 280 Fairweather Lane, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of hearing
sent on August 20th, 2025. Affidavit of notice and posting. Copy of certified mail and photos of hearing posted on August 20 20th 2025 on site. Notice of hearing was posted to town hall on August 20th, 2025. The documentation
that the respondents Cummings Mary Kriscoll Stevens s own the real property that is the subject of this code enforcement case. Included in exhibit A is a copy of the Lee County property appraiser and a copy of the property tax statement from Lee County Tax Collector.
These records demonstrate that notice was provided to the property owner. Please accept this into evidence. >> Accepted. Yes. >> Thank you. Exhibit B contains notice of violation prepared on 211, 2025. On February 11th,
2025, code officer T. Hoffman observe Cummings Mark Kriscoll Stevens S in violation of town of Fort Meyers code of ordinance chapter 6-2 amended section 302.8 8 for the vehicle and property
silver Ford F-150 Ohio tag kilo Juliet Zulu 9425 registration expired 1225 being inoperable or in disrepair chapter 6-1 section 303.1 and chapter
6-1 section 303.2 two for the pool on property not being properly secured and containing stagnant water causing a safety concern to the general public. LDC section 6-1 adopting IPMC
section 302.10 10 as amended. Storage for the chairs, fencing, stuckle, and other miscellaneous items throughout the property not being properly stored per town code requirements and section 1110.1 for the overall structure on property being in disrepair causing safety and
concerns to general public. True and accurate copies of the pictures taken on the date of first sight inspection, February 11th, 2025. The notice of violation was sent certified mail on February 12th, 2025. Affidavit of notice of violation and posting, copy of
certified mail receipt, return certified mail, and photos of the notice of violation posting on site on February 12th, 2025 and in the town hall book. Please accept this into record. >> No, there should be
should already been what was submitted >> as exhibit B. >> Yes. Um, exhibit Z C contains an affidavit of non-compliance and photos. I performed a reinspection of the property on August 18th, 2025, and the subject property was still in violation of the town of Fort
Myers Beach ordinances. In preparation for the affidavit of non-compliance, I performed a reinspection of the property on August 18, 2025. And all violations previously explained in detail in district B continue due to the multiple violations remaining on this property which continue to
represent a safety concern to the general public and the time passed from the initial notice of violation being prepared on 211, 2025 with no progress towards compliance on the part of the respondent Cummings Mary K. Driscoll Steven S. The town asked that you take this in consideration when making a
ruling on this case. Exhibit D contains the town of Fort Myers code sections and violation. Chapter 6-2 amended section 302.8 chapter 6-1 section 303.1
Chapter 6-1 section 303.2 LDC section 6-1 adopting IPMC section 302.10 10 as amended storage and section 110.1. Please accept this into record.
>> You're welcome. Cummings Mary K and Driscoll Stevens S were given 30 days to come into compliance within the town of Fort Myers Beach ordinance which was honored before March 13, 2025. Exhibit E, final affidavit of non-compliance. site inspection was
completed again on September 2nd, 2025 and the subject property was still in violation. Please accept this in into the record this affidavit of non-compliance and photos of the inspection. >> That would be this.
>> You have it should be exhibit D. Oh, I'm sorry, ma'am. It's exhibit E. [Music] >> Yeah. E, right? >> E. Exhibit E. Yes. Yes, your honor. And this is affidavit from September second.
>> Yes, ma'am. Yes, your honor. >> Is still there? >> Truck is still there. >> Okay. >> Okay. It's been accepted or Yeah. >> Thank you. uh as a result of the property owner's failure to bring the subject property
into full compliance with Tomcore requirements and based on my sworn testimony and evidence that 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 administration fee of 250 to cover the cost of bringing this matter before the special magistrate. Considering the time that has already been extended to come into compliance and the continued risk to the general public until the violations are abated, Tom would like to
ask for a $250 a day fine be imposed until the violations are abated. >> Is that all? >> Yes, ma'am. Um, have you had or has the town had any communication with the owner? >> To the best of my knowledge, no, your
honor. >> All right. I will issue an order that has coming into blindness um within 3 weeks to turn 24. That way we can see them on the
um does the town have any plans to bring the property into compliance? >> I am unaware of that. You're >> okay. Um well, I don't know if the town is requesting that at all to take the to
take the matters into being a review. No, >> not at this time. Well, we're right now we're asking that the owner brings the property. >> No, I understand. But do you have any plans to request that the town bring it into compliance? I mean, being that it's been sitting there. No,
>> I'm I'm unaware, ma'am. >> You just say no. No. No. Not Not at this time. >> Not at this time. >> Um, so what I'll do is I'll give it 3 weeks and then we'll set it for the next hearing, which will be the seventh, right? Is that right? Yes. >> Okay. Um
if at that point they have not come into compliance, it's not been cleaned up, then the fine will start acrewing as of the 24 as of the 25th. So if they do not come into
compliance on the 24th, the fine will begin to acrewue as of the 25th. We will have a hearing set on the 7th to confirm that and enter those, you know, fines. Um and then we can assess at that time whether the town
needs to um fix it. >> Okay. >> Okay. Yes, sir. >> And then we could assess that as a lean on the property if necessary. >> I'll put that into the order, too, cuz those those instructions will be in the order. >> Thank you, honor.
Okay, perfect. Is anything do we need to cover anything else on that one? No, your honor, I think we've covered everything. >> Perfect. Um, then let's go to the next case, which is 20250067
Property Owner Starlife Property Investments 132 Andre Mah Drive. Do we have a respondent here for that? someone from town here on that. >> Yeah, they can be around. >> Okay, take your time.
>> Okay. Okay. >> All right. Thank you, ma'am. Uh, good morning your honor. My name is Officer Tat Hoffen. I'm a code enforcement officer with the town of Fort Myers Beach. I work for the town as of May 13, 2024. I have been sworn in and will be providing testimony and documentation
for case number 20250067. This documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. Um, exhibits A through Dune and they will be admitted. We don't have
a respondent, right? I know I have an answer. No. Okay. Thank you. >> Go ahead. Yes. A through D will be admitted. >> Okay. The subject property is located at 132 Andre Drive, Fort Myers Beach, Florida 33931. Uh, exhibit A contains a notice of
hearing sent on August 20th, 2025. Affidavit of notice and posting copy of certified mail and photos of hearing posted on August 20th, 2025 on site. Notice of hearing was posted to town hall on August 20th, 2025.
Documentation that the respondents, Starlight Property Investments, own the property that is the subject of this code enforcement case. Included in exhibit A is a copy of the Lee County property appraiser and a copy of the property tax statement from Lee County Tax Collector. These records demonstrate
that notice was provided to the property owner. Please accept the central record. >> Thank you. Exhibit B contains a notice of violation sent on 12325. On January 23rd, 2025, code enforcement
officer T. Hoffman observes Starlight Property Investment in violation of Town of Fort Myers Code of Ordinance 6-1, section 303.1, and section 34-1176 C1 for the pool on property not being
properly secured with proper fencing and containing stagnant water causing a safety concern to the general public. True, accurate, and al unaltered copies of violation was sent certified
mail on January 23rd, 2025. Affidavit of non-compliance and posting copy of return certified mail and photos of the notice of violation posting on site on January 23rd, 2025 and the town hall
book. Please accept in a record. Yes. >> Exhibit C contains an affidavit of non-compliance and photos. I perform a reinspection of the property on August 18th, 2025 and the subject property was still in violation of the town of Fort Myers Beach Ordinance. In preparation
for the affidavit of non-compliance, I performed a reinspection of the property on August 18th, 2025. and the violations continue for the pool on property not being properly discoured with fencing and containing standard water causing a safety concern to the general public.
The initial notice of violation was issued on January 23rd, 2025 with a 10-day compliance period due to the safety concern of an undiscurred pool containing stagnant water to the general public. To the best of my knowledge to date, no efforts on the part of the respondent. Starlight Property Investments have been made to contact
the town code informance department to discuss the initial violations and no attempts to correct the violation are visible on property per my last inspection on September 2nd, 2025. The town asks that you take this into consideration when making your ruling on this case.
Exhibit D contains the town of Fort Myers Beach Code sections in violation chapter 6-1, section 303.1, and section 34-1176 C1 for the pool on property not being properly secured with proper fencing and
containing stagnant water causing a safety concern to the general public. Starlight Properties Investment was given 10 days to come into compliance with the town of Fort Myers Beach Ordinance, which is honored before February 2nd, 2025.
Uh, exhibit E, affidavit of non-compliance. A site inspection was completed again on September 2nd, 2025, and the subject property was still in violation. Please accept this in the record. This affidavit of non-compliance and photos of the inspection. >> Okay. Uh exhibiting is is being
admitted. >> Okay. As a result of the subject property's owner failure to bring the subject property into full compliance with the town code requirements and based on my sworn testimony and evidence that 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 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 to special magistrate. Considering the time that has already been extended to come into compliance and the continued risk to the general public until the violations are
abated, Tom would like to ask for a $250 fine to be imposed until the violations are baited. That's all. I will issue an order. um we'll do three weeks. So the 24th the fine will automatically start to
acrue on the 25th if not in full compliance. >> Are you aware of the town being in communications with these respondents? I I've had no no communication, ma'am.
And we will see you on October 7th to let me know if if it wasn't the blinds and not then the final will have begun to acrewed as of the 25th. So they have until the 24th. If it's not done by the 24th, then then
the final approve is the 25th. >> Thank you. >> I'll issue an order back. >> That right everything. Okay. So move on to FMB case number 2025 0115
Bay View Life Inc. Harvey address 16 Bay View 4. Do we have a respondent for that one? Ready. >> Ready. >> Okay. >> Okay. Good morning, your honor. My name is Marshall Chavez. I am a court of
compliance officer uh for the town of Fort Myers Beach for a year and six years prior with another jurisdiction. I have been sworn in and will be providing testimony and documentation for case number 2025 0115. The documentation is attached to the agenda as exhibits and we ask that all
documents be accepted into evidence. >> I have exhibits A through D uh which were submitted electronically and reviewed and those will be admitted. Thank you. >> The subject property is located at 16 baby Boulevard for Mar Beach, Florida
33931. Exhibit A contains a notice of hearing sent on August 20th 25. Affidavit of notice and posting copy of certified mail receipt and photos of hearing posted on August 20th, 2025 on site and town hall. And town hall 6231 is the
Boulevard Fort Myers Beach, Florida. The documentation that the respondents Bay View Life Inc. own the real property that is a subject of this code enforcement case. Included in exhibit A is a copy of the lead county property appraiser and copy from the clerk of
course tax records showing the property owner. >> Can I get you to speak up just a little bit? >> Just a second. >> Okay. >> I could speak loudly like >> but that's not helping.
>> Okay. These records demonstrate that notice was provided to the property owner. Please accept this into the record. >> B. >> Better. >> Yes, that's better. Thank you. >> Okay, no problem. Exhibit B contains notice of violation sent on March 6, 2025. On March 6, 2025, Court Officer
Marshall Chavez observed Bay Life, Inc. property owners in violation of the town of the town of Fort Myers Beach Code ordinances chapter 6-1 section 303.1. Swimming pools shall be maintained in a clean and sanitary condition and in good repair. Chapter 6-1 section 303.2
enclosure should be completely surrounded by a fence or barrier. And section 1110.1 to demolish and remove such structure or if such structure is capable of being made safe by repairs to repair and make safe and sanitary. Hang
on. Hang on one second. Go ahead. >> Pause. So everybody knows this side door will get to you in and out of this room. So >> So we're not locked in. >> Okay. All right. You can proceed. Sorry. Thank you.
>> It's okay. uh to repair and make safe and and uh sanitary or to board up and hold for future repair or to demolish. True, accurate, and altered copies of the pictures taken on the date of the first site inspection, February 28, 2025. The notice of violation was sent
certified mail on March 6th, 2025. Affidavit of notice of violation and posting copy of certified mail receipt and photos of the notice of violation posted on site on March 6, 2025 and on town hall. Please accept this this into the record.
>> Yes, D is accepted. >> Okay. Exhibit C, contingent affidavit of non-compliance and photos. I perform a reinspection on the subject property on April 16, 2025 after NOV compliance day before hearing and the subject property was still in violation of the
town of Fort Myers Beach ordinance. Please accept this into the record. >> Acceptance. Exhibit D contains the town of Fort Myers Beach co-sections in violation. Chapter 6-1, section 303.1, chapter 6-1, section 303.2, and section
1110.1. Please accept this into the record. Yes, >> Bay View Life, Inc. The property owners were given 10 days to come to compliance with the town of Fort Myers Beach Ordinance, which was on or before March 16, 2025.
Can I continue? I'm >> sorry. >> Do I continue? >> Yes. >> Okay. Sorry. Exhibit E, final affidavit of non-compliance. A site inspection was completed again on September 2nd, 2025, and the subject property was still in violation. Please accept into the record
and this affidavit of non-compliance and photos of the inspection. I'm sorry. Uh, exhibit is a minute. >> As a result of the subject property owners fail to bring the subject property into full compliance without
ordinances, chapter 6-1, section 303.1, swimming pools, chapter 6-1, section 303.2, two enclosures and section 110.1 and based on my sworn testimony and evidence that has been presented to you including the exhibits within the agenda
packet on behalf of the town for my speech I ask uh that order be issued >> just an order >> no and um an administrative fee of $250 $250 sorry
>> the administrative fee >> yes ma'am Sorry. >> And then >> sorry, >> are you looking for a finding violation? >> Yes. >> Okay. >> Are you seeking fines? >> Yes.
>> Okay. Are you aware the town's been in communication with this property owner? >> Yes, I have. I've tried communication. There's no communication on their end. >> No communication. Um, is property vacant?
>> I want to say yes, but I never when I when I do my specials, I never see anybody there. But I know someone's doing something to the property cuz when I post uh the post is gone when I go back. So someone's it's vacant. So someone is there, but I
have no they have not reached back at all. I will issue an order. Um, I will issue an order to have the property right compliance removed in 3 weeks
which is the 20th. Um, if there is I I know that it might take some time, but at least some sort of a temporary there's it's not brought into compliance by the 24th. Um, then the time will begin to approve as of the 25th
and we will do status of compliance whether it is or isn't in compliance at the hearing on the 7th. Good. >> Yes, your honor. Thank you.
>> Did I address everything on that one? >> Yes. Yes. Yes. Yes. Okay. All right. That didn't work. I do. ask that when we do come for a stat hearing that the town
is prepared to you know one way or another whether or not it's in compliance and whether or not um you know there's any progress. >> Okay. No problem. Yes. >> Um and so that's it for that one, right?
>> Yes. >> We have next Right. >> Yes. >> Right. Case number 2025 0628 property owner David Greener. Looks like it's a trucker. David uh property
address 712 Kansas. Do we have a respondent here for this one? Okay. Looks like there's no respondent. All right. This is the town of prayer. >> I'm sorry. >> Proceed. >> Yeah. Proceed. Yes. >> Thank you. Okay. >> Good morning, your honor. My name is
Marshall Chavez. I am the code in compliance officer for the town of Mars Beach for a year and 6 years prior with another jurisdiction. I have been sworn in and will be providing testimony and documentation for case number 20250628. The documentation is attached to the
agenda and exhibits and we ask all that all documents be accepted into evidence. I have reviewed the exhibits A through D which have been submitted electronically and they may all be Thank you. >> The subject property is located at 710
Matanis Court, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of hearing sent on August 20th, 2025 affidavit of notice and posting. Copy of certified mail receipt and photos of hearing posted on August 20th, 2025 on site and
town hall 6231 esters beach, Florida. The documentation that the respondents rever David a tr for David a reverber trust owned the real property that is the subject of this code enforcement
case. Included in exhibit A is a copy of the Lee County property appraiser and a copy from the cler clerk of court's tax records showing the property owner. These records demonstrate that notice was provided to the property owner. Please substance to the record.
Okay. Exhibit B contains notice of violation sent on June 18, 2025. On June 18, 2025, code officer Mar Travis observed rever David A TR for David A. River Trust property owners in violation of the town for my beach port ordinances
chapter 6-1 section 30.1 swimming pools shall be maintained in a clean and sanitary condition and in good repair section 34-1176 C1 ingground swimming pools section 6-1 property maintenance and section 6-2
weeds true accurate and unaltered copies of the pictures taken on the date of first sight inspection June 11, 2025. The notice of violation was sent certified mail on June 18th, 2025. Affidavit of notice of violation and posting copy of certified
mail receipt and photos of the notice of violation posted on site on June 18th, 2025 and on town hall. Please accept this into the recorded. Thank you. >> Exhibit C contains an affidavit of non-compliance and photos. I perform a
reinspection on the subject property on August 20, 2025 after NOV compliance date before hearing in the subject property was still in violation of the town of Fort Myers Beach ordinance. Please accept this into the record. >> Yes, it's been accepted.
>> Exhibit D contains contains the town of Fort Myers Beach Code sections in violation chapter 6-1 section 303.1 Chapter 6-1 section 303.2 two, section 6-1 and s section 6-2. Please accept
this into the record. >> Accepted. Reverend David A. TR for David A. River Trust. The property owners were given 30 days to come into compliance with the town of Formire Beach ordinance which was on or before July 18, 2025.
Are you do you have an E? >> Yes, I was going to get to that. >> Oh, I thought that's what you were asking. >> You know what I was getting to right now? Exhibit E, final affidavit of compliance. Aside inspection was completed again and again on September 2nd, 2025 and the subject property was in compliance. Please accept into the
record this into the record this affidavit of compliance and photos of the inspection. You saying it was in compliance? >> Yes, compliance. >> Okay, good. All right. >> Okay. As a result of the subject property owners compliance with the town
ordinances chapter 6-1, section 303.1, swimming pools se uh chapter 6-1, section 303.2 enclosures, and section 6-1 and section 6-2. And based on my small testimony and evidence that has been
presented to you, including the exhibits within the agenda packet, on behalf of Tom Town for Mars Beach, would like to ask for $250 administrative fee to cover the cost of bringing this matter before the special magistrate. >> Thank you. Is that is that all >> this all? Yes, ma'am.
>> All right. I will issue an order that uh with a finding of violation that they did not bring into compliance within the time specified. I will in the same order um have a finding that they have now brought into compliance and the property
is in full compliance. I will not impose any fine. I will impose a $250 administration fee um for having to bring it to the magistrate and not having brought it into compliance before that. >> Thank you. >> I think that addresses everything. Is
that right? Is there anything else? >> Yes, it does. Thank you. >> All right then. Um and then I guess paid 30 days. Perfect. >> Thank you, Y. Okay. So,
uh, next case number 20250372. Property owner Denon Don Marie. That's Light. Property address 311 Shell Mountain Boulevard. Do we have a
respondent present? Who's here for? >> Good morning. Terry White, town of Fort Myers Beach. >> All right, you can proceed. >> Good morning, Terry White, town of Fort Myers Beach. I've been with the town for over a year with 23 years prior
experience in another jurisdiction. Um I've been sworn in and will provide testimony and documentations for case number 2025372. Documentation is attached to this agenda as exhibits and we ask that all
documentation be accepted in as evidence. >> Um exhibits A through D electronically. I reviewed them and they immediately >> Yes, ma'am. Thank you. Um, the subject property that we're discussing today is 311 Shell Mound Boulevard, Fort Myers
Beach, Florida 33931. Exhibit A contains a notice of hearing and photos of the violations sent July 23rd, 2025. Affidavit of notice of posting, copy of certified mail receipt, and photos of the notice of hearing posted on July
23rd, 2025 on site on July 24th, 2025 on town hall in the town hall book. The documentation that uh the respondents Mary Dion on um owns the real property in the subject of this code enforcement
case is in included in exhibit A copies of the Lee County property appraisers and copy of the Lee County tax collectors notice both uh showing ownership of this property. I've also included a copy of the Orange County property appraisers page for the
owner's son son's property where the notice was also mailed to. The notice of hearing certified male green card has not been returned. True and accurate unaltered copies have been marked as exhibit A and accepted into the record
on April 16th 2025. I code enforcements officer Terry W observer Marie Dion in violation of the town of Formyer speech code of ordinances specifically section 6-2 Q section 110.0
um section R and sections 110.3 W sections 302.4 for um the property in disrepair is in disrepair, including but not limited to missing doors and windows,
overgrown lot, um vegetation, debris, fallen fence, and junk. And true and accurate unaltered copies of the pictures that were taken during my first inspection, April 16th, 2025. Notice of violation that was sent certified mail on April 18th, 2025.
Affidavit of notice of violation and posting. copy of certified mail. The green card was never received. The certified mail green card and photos of the notice of violation posted on site on town hall on April 22nd, 2025 have
been marked as exhibit E B like boy and accepted into the record. Um, I performed a reinspection on July 23rd, 2025, and the property was still in violation of the town of Fort Myers Beach ordinances, and an affidavit of it
of non-compliance and photos of that inspection are marked as exhibit C and accepted into the record. Um the town of Fort Me Myers Beach code sections um article one property maintenance division 1 international property maintenance code section 6-2 Q
section 110.1R section 110.3 W section 302.4 are marked as exhibit D and accepted into the record. The property owner, Marie Dion, was it given 30 days to com come into
compliance with the town of Fort Myers Beach ordinances, which was on or before May 18th, 2025. As a result, the subject property owners failure to bring this property into compliance with the town um
sections of the code um provided in exhibit D. And based on my testimony and the evidence that has been presented to you, excuse me, including the exhibits with the packet agenda on behalf of the town of Fort Myers Beach, we'd like to ask
that an order be issued. Um, I have an affidavit of non-compliance. I did an inspection this morning. Um, the property is still not in compliance. Um, but an additional note, the property owner has since applied for a permit to
demolish the building. Um, which is good news, but the grass is still tall. There's still garbage, debris. Um, and the building is still wide open. Um, so we would like to ask, this is exhibit E, affidavit of non-compliance, including
the pictures that were taken this morning by myself. And we'd like to um again ask for an order and a administration fee of $250 for bringing this to the hearing.
>> Um do you know when the permit was when they applied? You know how long ago? >> Mhm. Um the permit date is 8:18 2025 and it was issued on 82120
August 21st 2025. It was issued it was for the demolishing of the home demolition. >> Okay. which is not what code was asking to have been um to do. We basically asked
for the property to be secured and to be cleaned up. Um but again, like I said, on a good note, they've at least applied for a demolition permit. >> Okay. Um have you had any communications? I mean, obviously they they look to be
demolishing the home. They submitted something. Have you had any communications with with the respondent about this >> about the hearing >> about this violation? >> Oh, yes. I spoke to the sun. That's why I included um the Orange County Property
Appraisers print out because I had spoken to the sun several times and then we just sort of came to a dead end because I even called him before I scheduled the hearing to sort of push him along, let him know that the shape of the building and that nothing had been done. Um and that was the last
communication that I had with him. That was um like I said pre-scheduling the hearing. So June, July, early July and The demolishing the permit you said was already issued to demolish. >> Yes, ma'am. >> So, they can demolish it.
>> No, this morning the property is in the same condition. >> Right. Right. But I'm saying that they're they're good to go to demolish. >> Yes. >> If the building is demolished, then the rest of it would be basically get the lawn in order >> and remove the debris and the fencing
that's falling and there's garbage and chairs and things just laying all over. Hopefully the demolition will take care of that. But um that's not always true. Sometimes the company just goes in and removes the building and then leaves.
All right, I'll issue an order to bring the home into compliance within the next three weeks, which would include they need to demolish or secure the property, uh, removal, the debris, fencing, junk, the grass, all of those
things, but whether or not they demolish the building, those things are going to be addressed. >> Yes, ma'am. Um, I will do the 3 weeks and if for whatever reason they're unable to get somebody to demolish by then, they would have to at least secure the building by then.
>> Yeah. Because the permit doesn't expire until February 14th, 2026. >> Okay. Right. So either demolish or secure as needed and then take care of the rest of the items which they don't need to demolish to secure I mean to to do.
>> Yeah. >> Um fine will begin to approve on the 25th. Those items are not addressed. on my list for the sign which I'll ask the town to please be prepared at the
next hearing to identify what if anything still needs to be done. >> Okay. >> Mhm. >> Um and if it's not if the property is not clear or secured and if all those things are addressed by the 24th then the then the final approval on the 25th
and then you also have the admin fee. >> Got you. >> Okay. I'll issue an order accordingly. Um, okay. Is there anything else that needs to be addressed? >> No, ma'am. Not on this case. >> So, that's it for that one. I'm going to
go ahead and call the next case 2024 0691. Um, Andrew Rubina, property address 5560. Uh, do we have a respondent present? >> We do, your honor. This is Andrew
unturned pro. Okay. And who's here for the town? >> Terry White with the town of Fort Myers Beach. Code Compliance. The town may proceed. >> Good morning again. Terry W with the Town of Fort Myers Beach Code Compliance. I've been here for over a
year um with 23 years experience elsewhere. I've been sworn in and will provide testimony and documentations for case number 2024 0691. Documentation is attached to the agenda's exhibits and we ask that all
documentation be accepted as evidence. >> Okay, Mr. Ramina, have you have you reviewed exhibits A through B? Um, your honor, I'm having a little bit of difficulty hearing, but I am aware of the violation notes, if that's the question.
>> No. Uh, the question is, have you did you review exhibits A through D that were online? >> I'm sorry. >> What >> is that? a mic. I mean that one.
>> Can you say it? >> Have you um This is Terry White again. Have you reviewed exhibits A through D that have that are online? >> Am I reviewing them? >> Have you reviewed them?
>> Yes, I have viewed them. Yes, viewed them. >> Any objection to them? Um, I am not confessing the violation. What I am suggesting is that there is a permit in the works. Permit 2516.
>> Sir, I I'm just asking as far as the exhibits are concerned. You'll have an opportunity to talk about your defense right now. I just want to know if you've reviewed it and if you have any objection to what these documents are. >> I don't have any objection to the documents per se. No.
>> Okay. Thank you. Okay, they will be admitted. I I have reviewed them and they'll be admitted. Thank you. >> Okay. >> Okay. Um the subject property that we're discussing is located at 5560 Avita, Pescadora, Fort Myers Beach, Florida
33931. Exhibit A contains the notice of hearing and photos of the violations sent on August 13th, 2025. affidavit of notice and posting, copy of the certified mail, and photos of the notice of hearing posted on July 30th,
2025 on site and on town hall. The documentation um that the respondents Andrew, I'm going to say it wrong, sorry. Ruka VN
>> um owns the real property and that the subject is subject of this code enforcement case including in exhibit A is a copy of the Lee County property appraisers and a copy of the Lee County tax collector notice both showing ownership of the property. The notice of
hearing certified mail green card has not been returned. True and accurate unaltered copies have been marked as exhibit A and accepted into the record. On May 30th, 2025, code officer Terry White observed Andrew Ruck Ven in
violation of the town of Fort Meyers Beach Code of ordinances, specifically section 6-41, permits required, doing work without permit, including but not limited to installing two structures with lighting on either side of the driveway and installation of driveway pavers in a
driveway gate. true, accurate, and unaltered copies of pictures were taken um on the date of the first inspection, which was May 30th, 2025. Notice of violation was sent certified mail on May 30th, 2025. an affidavit
affidavit of notice of violation and posting copy of the certified mail receipt. The green card was received and signed on 69, 2025 and photos of the notice of violation posting on site June 3rd, 2025 and on t town hall in May
30th, 2025 have been marked as exhibit B and accepted into the record. I performed a reinspection of the subject property in July 30th, 2025, and the property was still in violation of the town of Fort Myers Beach ordinances, and an affidavit of non-compliance and
photos of that inspection are marked as exhibit C and accepted into the record. Town of Fort Myers Beach code sections um 6-441, permits required, are marked as exhibit E and accepted into the record. The property owner was given 30
days to come into compliance with the town of Fort Myers Beach ordinances which was honorable for June 30th, 2025. As a result, the subject property's failure to bring the property into full compliance with the town of code sections provided in exhibit D and based
on my sworn testimony, the evidence that has been presented to you included with the in the exhibit package packets on behalf of Fort Meyer speech. Um, we would like to ask for an order to be
issued. Um, and I have an affidavit of non-compliance. Um, I will say as the property owner stated, he did apply for a permit which is 2251665. Um, the permit is still in review, but
that permit was for a PA driveway only, not for the two structures on either side of the driveway, including um the electricity that was attached to those structures and the gate that is also subject of this code enforcement um
violation. So again, a permit is in review still for the driveway, but not for the two structures and not for the gate. Um, so the town did an inspection first thing this morning and the property is still in non-compliance and
I have an affidavit of non-compliance I'd like to give as exhibit E. Okay. Um, I'm not sure how to Mr. Rukavina, do you have the exhibit E email?
Can I have the exhibits of pictures of the property and the notice of violation? >> Five minutes. >> Okay. About 5 minutes ago, you received an email for exhibit E, which is an affidavit of non-compliance and some more pictures. Can you please check for
that? I have uh something that came in about it in 923. This will be presented to the special magistrate. >> Is that exhibit E? >> Yes. Okay. Do you have any objection to that? >> Um can I open it just quickly? Uh >> you'll have an opportunity to respond. I
promise. I just need I just need you to look at this and let me know if you have an objection to the exhibit itself. >> No, I don't have an ex any objection to the exhibit. I seems to be in compliance with what required in that court.
>> Okay. All right. Thank you. You you can proceed. Oh, exhibit E will be admitted. You can proceed. Um yeah, and the town would just like to ask that um
uh an order for non-compliance and to impose the administrative fee of 250 days to cover the cost of bringing this before the magistrate. >> Okay. Is that it? >> Uh we'd like fines as well.
>> Okay. All right. I'm saying is that you good? >> Yes. Yes, ma'am. >> All right, Mr. U Rabina, you can proceed. >> All right. Um, when I was given notice of the violations, I immediately called the the
uh town hall because previous to uh me uh constructing any of these items, the pillars themselves, the reference gate, and the reference driveway itself, I checked to see if it would be uh permitted. Um, with the gate, I was told
that anything under 100 square ft didn't require a permit. and the driveway when I called them uh I said uh the driveway is an existing concrete driveway that I just put bricks on top. Um so uh the pillars themselves I'm not
aware that they're in violation. They seem to be behind the easement. However, I'm taking note of these violations and um I have a permit in place and the permit does contrary to what was stated by Terry uh it does request also that
and per the village by the way the village indicated that I should include it but it does request for uh permitting on the pillars as well as the gate as well as the driveway all in the same permit. Um that permit is pending.
Marilyn Silva was hopeful that it would be issued um before the hearing today, but it has not been. Um but I'm waiting for uh notice that it is uh that it has been uh approved. And if it has, I will
submit that to the uh board. But if it hasn't, I will uh perform whatever other requirements they are requesting under whatever response they give me to the permit application. So, I'm I'm attempting to be in compliance and and
for quite some time I wasn't quite aware that I was in violation given my previous conversations with the town. >> Okay. Thank you. You have a reply? >> Uh yes. So, um, to prepare for the
hearing, I went on to our website this morning, um, and did click on the permit that he's discussing, and I told you that was, um, still in review. And the scope of work that he turned in definitely says brick, PA, overlay,
existing driveway, plus two small pillars and a gate. But the notes in the actual permit itself that the town put in there is for driveway only. driveway only. And again, it's in review,
but it's for the driveway only. >> Do you have any of those anything that you want to submit to evidence based on what you're discussing right now? Any notes or anything you pull? >> I can I mean I can pull I can give you this um permit that I actually it's marked up just because I wanted to
remind myself what to look at. Um, but there was a notice of commencement turned in on 8:25 2025 and that passed. Um, it's in review for zoning. Um, owner affidavit. It's been turned in
because he's pulling it as owner builder. I'm pretty sure. Yes. Owner builder. Okay. I mean, if you have any documents that you want me to look at, >> I can give you this if you don't mind that it's been mocked up. >> I don't mind. Um, but we will need to
make a copy. >> I can get you a nicer copy of it if you'd like to. >> Oh, yeah. What is What is it? >> It's just a copy of the permit that he he and I were talking about for the driveway only, >> showing it's in review and that it was
applied for. >> You want to mark that as exhibit? >> That would be great. Yes, please. Do you have two coffees or let's take your honor. >> Yes.
>> Um I have sent a copy of the uh permit that I submitted uh to the email that sent me the uh affidavit of non-compliance just now which includes all the pages of the permit and it does show that all three items are included
in the permit. Um, and and I don't know if this was stated because I couldn't quite hear, but I did uh file and record the um the notice of commencement as well.
>> Yes, she mentioned that. Thank you. Um, okay. I'm going to take Oh, I guess I've been submitting. I haven't yet. Okay. Okay, give us a second for that to come in
and we'll mark it as so hers is F G or do you want to start numbers? We can do whatever you want to respond exhibit.
All right, we're going to mark your um email submission as respondents exhibit one and Can you hear it? [Music] Okay,
we're gonna keep going. We're getting a copyage. I think it's basically the same this I will um I will take all these documents and look at them and take them under advisement. I'm not going to rule
today cuz I want to take a good look at what those items are. But before I do that, I'm going to give you the opportunity to review it and make any comments on that. Okay? I'm not going to just hang on. Um but I do want to look at that in more detail. It is the entire
permit. >> I've been told um by permitting as well. I just Tracy and I were talking to each other that he would need to apply separately for the driveway gate and pillars. It
can't be. That's why this is driveway only. That's what I've been told. >> Okay. >> If I may, your honor, I was told to put them all in the same permit. >> Okay.
>> All right. Well, hang on so that we can get you a copy of it. Um, and you can read it. >> But I I do imagine if if there is an issue with the permit itself that they'll advise me at the same and I'll
have to correct it at that time. >> Right. the one that should have. Can you give that to me? Okay. Thank you. Um, Mr. Rukavina, you should have received an email
which is um, exhibit F, >> right? >> Not yet, but I'll refresh. Let me know when you've received that. >> Yes, I'm I'm looking. >> Thank you. I >> I see I I see your honor.
Okay, just take a look at it and let me know if you have any objection to it. Um, exhibit F and also you'll have an opportunity to respond. >> Um, I don't have any objection to it. It does include the language that the scope
of the work is the paper overlay of existing driver plus two small pillars and one date. So, it seems to be all included in there. >> Okay. Thank you. All right. I will make a note though on the notice of commencement which is on page
one. Page six, notice of commencement. Um two general description of improvement paper bricks over existing driveway. >> Say that again. >> The notice of commencement. Um number
two, general description of improvements. So he only received an NOOCC for the PA driveway. Okay. Um I'm going to take a look at all of this and take it under advisement. M uh Mr. Rukabina, did you hear what you
said? >> Um the last part, not quite. No. >> Okay. She said that uh the notice of commencement item number two on page six shows that the NOC was only only for the
driveway itself. >> I'm not I'm not um I'm not aware of that. >> Okay. So, I'm going to take like I said, I'm going to take this under advisement and I'll issue an order. Um I have 15 days to do so. you'll get an order
before then, but in the meantime, I would recommend that you make sure you contact the town and ensure that everything is in order for all the items. It looks like you understand what all of those items are. Um, just make sure that whatever permitting you're
doing is going to cover them all and if you need to make any adjustments that you get that going. Okay. Yeah, I see the notice of commencement and she's correct in stating that it does say papers paper bridge over existing driveway. I'm going to call the town and see how I can modify that or supplement
that. >> Okay. In the meantime, I will uh get an order issued on my ruling within the next uh 15 days. I will not issue a ruling today. I need to look at this a little deeper. Okay. >> Okay. Thank you, your honor. >> Okay. Thank you.
>> Are we injured at this point? Um, is that all from the town on this one? >> Yes. Okay, you you are good to go. Thank you. >> Thank you. All right. Have a good day. >> You too. All right. I'll call case number 2024936.
Property owner Bryce. I hope I say this right. Bryce and Barbara J. Jessie. Ge. Oh, I was so not close. Okay. Um, property address 126 Anbridge Street. Do we have a respondent on this one?
Is the town ready? >> Yes, ma'am. >> Okay, you may proceed. >> Again, Terry White, excuse me, town of Fort Myers Beach code compliance officer. I've been sworn in and will provide testimony and documentation for case
number 2024 0936. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence >> exhibits A through G. I will review them and they will be admitted.
>> Okay. The subject property is located at 126 Anchorage Street, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of hearing and photos of the violations sent on July 31st, 2025,
affidavit of notice and posting, copy of the certified mail receipt, and photos of the notice of hearing posted on August 1st, 2025 on site and on town hall. the documents that the respondents
Gei Bryce and Barbara are the owner of the real property the subject of this code enforcement case included in exhibit AL copy of the Lee County tax property appraisers and a copy of the Lee County
tax collector tax notice both showing ownership of the property. The notice of certified mail green card has not been returned and true true and accurate unaltered copies have been marked as exhibit A and accepted into
the record. On November 8th, 2024, I code officer Terry W observed the property in violation of the town of Fort Myers Beach Code of Ordinances, specifically section 6-441 permit required. doing work without
permits, including but not limited to new windows in installation, new window installation, lower level improvements, and exterior improvements, including porch and stairs. True and accurate, unaltered copies of the pictures taken on the date of the first inspection,
November 8th, 2024. Notice of violation was sent certified mail on November 14th, 2024. And an affidavit of notice and posting copy of certified mail receipt. The notice was returned unclaimed. Photos of the notice of
violation posting on site on November 15, 2024 and on town hall on November 14th, 2024 have been marked as exhibit A and ex B, sorry, B like boy and accepted into the record. A status of compliance. I performed a
reinspection of the property on June 18th, 2025 and the subject property was still in violation of the Fort Meyers Beach Town of Ordinances and it an affidavit of non-compliance and photos of the inspection are marked as exhibit C and
accepted into the record. Town of Fort Myers Beach Code section 6-441 permits required are marked as exhibit D and accepted into the record. The property owners were given 30 days to come into compliance with the town of Fort Myers
Beach ordinances which was on or before December 15th, 2024. As a result, the subject property owner's failure to bring the property into full compliance which is with the town of ordinance town code sections which were provided
in exhibit D and based on my sworn testimony and evidence of the we has been presented to you including the exhibits within the agenda on behalf of the townly like an order to be issued. Ask that an order be issued.
Um, I have a exhibit E, uh, affidavit of non-compliance and photos taken this morning. Um, and nothing has changed at the property. Um, I will however
say that the property owner did have a permit all along for certain things, but none of them included the lower level um, being as it is today. the lower level the permit that I'm talking about
um there was a 2023 permit that the building official approved to be um combined with a 2018 permit and that permit number is 181692 which is for the house structure to be
elevated and new um concrete slab. the permit itself was um issued um but the problem is and I'll include it well we'll maybe give it to you as a
separate exhibit F like Frank um the property was the permit was issued for a knee wall on the lower um garage area >> a what wall >> knee so which means it would have been
about 36 in tall or somewhere in there. But what the property owner did was actually enclose the entire low lower level adding windows. Um, as you can see in which I'll give you the affidavit of non-compliance here.
You may already have it from today's pictures. Um, and the other photos from the notice of violation and the notice of hearing, etc. the entire low lower level has been enclosed. So what was approved was only partial wall um and it
didn't include windows and there are some other issues but if the property owner were to um apply to have the lower level approved. Um some of the things on the site plan that he turned
in um was to have a washer and dryer, a shower, um and a bathroom in the lower level, which we would never be able to approve because of um flood regulations and FEMA regulations.
So, at this time, the property owner is um still in violation. Um, and like I said, I have an affidavit of non-compliance showing that information. >> Um, have you had any discussions with the respondent, you or the town related
to these violations specifically? >> Um, I have not and I don't know if he's talked to anyone with the town to be honest. >> I'd just like to know their status of discussions about it. Sure.
>> Um, we'd prefer to talk to people and in a system, but not in this case. I haven't spoken with anyone. >> Okay. So, let me just uh get this make sure I have it right. They would need to submit for current for the closure of
the lower level and whatever else in there. And anything that does not get approved, they would need to remove. >> Correct. >> Okay. >> Mhm. Um, and you're saying they did have a permit for the construction. It just they did
things a little differently. >> Correct. >> Okay. >> Mhm. >> This the permit that they would need to apply for is just for the downstairs, right? >> Correct. >> Mhm. Thank you. >> Okay. You said you you started saying we're asking for an order and then you
went back. So >> Oh, sorry. an order and fines if that's okay with you, if you decide. Um, and the $250 administrative fee for bringing it to the hearing.
>> Did you have another You said you were going to submit an exhibit F. >> Yes. >> Okay. >> Um, I have another one. And this information was given to me by our flood plane manager. Um, as you can see, the red, what I'll call squiggly
lines are things that the town will not be able to approve. The washerd dryer stacked in the shower. >> Okay. And they have not submitted a permit for this yet, you're saying? >> Correct. >> They haven't started that. Okay.
>> Well, they they did apply for and a permit was issued, but it didn't include the total enclosure at the lower level. Um, >> what is this from? Their original permit. >> Yes. This is another one of these I'm going
to have to take and look into. >> Sure. >> And and I'll take it under adisement and issue an order within 15 days. I want to take a close look at this. >> Sure. >> Um and then if there's any instruction as well, I'll include it in the order.
>> Okay. Um, but my and just make sure that I understand that they did have a permit and did they went outside that scope would be items that would probably not be approved. >> Absolutely. >> Nevertheless, they're going to have to submit a permit for everything or remove it.
>> Correct. Yeah. >> All right. I'll take a look at it and take advisement and issue an order once I'm able to get a good look at these things. >> All right. Thank you. >> Um, and Yep. And we'll take it from there. Okay. >> Okay. Okay. And then I have an update on the first cases that we were discussing.
>> Okay. Let me just get back to that. Uh before we close out this one, just a quick question. The squiggly lines were not what was submitted. That was added by not by the town. >> Yes. Yeah. By the flood plan manager. >> All right. Thank you. All right. That's it. So then we're going back to you say
Robertson. >> So 2040736. We said we were going to come back to that. I was going to ask whether or not we have the copies that we needed to get. Yes. So I went and spoke to permitting
after um we had discussed this and probably my file. Please just give me one second. All right. Um Okay. Um, so the town
was stating that there was um that the property owner was still in non-compliance and the property owners um had a list of things that they said that they had turned in and checked off and I went and spoke with permitting and the whole list that I
um discussed plus the list that they had that they had checked off that they had turned everything in the town is not received any of it. Um, so if you like because
>> I would like that list but they left. >> I can give you the the list that we sent to them telling them that everything that they needed. I have that list if you'd like it. >> Yeah. >> Um, we are on exhibit
the status one is [Music] E. So this is going to be this is a month but you didn't ask for this to be submitted. So >> right because I believe um
>> Oh yeah yeah >> the magistrate just wanted me to >> but they [Applause] so okay so all right what do you want to admit? Go ahead. um the list of things that were sent to
them on um June 4th, 2025. Okay. >> Um that they have as well. And as I said, I double checked and they haven't turned in any of it. Um and permitting told me it's been quite slow for the last month. So, if it
were were to have come in, they definitely would have received it. >> Okay. So we list uh we didn't have any at all any exhibits admitted because the only thing that we had online was the
not this is the status. So there's just an epidemian and the code enforcement order from June 6. All right. So, they left. >> That's okay. They left. That's on. You
didn't close up here. Um. All right. So, then we'll have this as this I know was respondents exhibit one. >> Correct. >> Okay. So, we have respondents exhibit one. We have the list as the town's Well, I guess exhibit A is
the current market. Do you want to admit anything else? >> Um, I don't think so at this time unless we're going to >> the affidavit. >> Affidavit of non-compliance.
>> Yeah, you didn't mark them. >> Okay. I don't know. She hasn't said. >> You mentioned it, but you didn't. >> Oh, sorry. Um, I didn't give it to you guys this morning. >> Yes, it's there. >> What do you want to do with it? >> Um, I'd like to present it as an
affidavit of non-compliance. >> Okay. So, mark it as B and we'll admit it as B. Um, okay. So, I'll take a look at this. Um, I think the order has signed acrewed if
not by July 5th. So, I'll take a look at this and the previous order and and I'll enter an order because if if it's really all of these items, then they're not in substantial compliance. But I will ask that the town continues
to work with them to make sure that >> they'll move forward. >> I'll email them after the hearing is finalized and just let them know that we haven't received any of that. Maybe they've been sending it to the wrong email. >> Okay. >> I don't know.
>> So, as of right now, I'm going to take this under advisement. I will issue an order after I look at all of this stuff. If I find that it's not substantial compliance because it's the majority of the items because I'm going to want to
compare it to the original evidence, then I'll issue an order that they were not in substantial compliance and begin the fines. If not, then the opposite will be true. Okay? I'll I'll say that we're still working on them and I'll give them another benchmark. >> Okay?
>> Those will be the two options. Okay? And >> in the meantime, I will reach out to them though. >> Yes. I I would ask that you at least communicate with them to help them with their goals. >> Yes, ma'am. >> Okay. Then that's it for that one, right? And we were not going to go back to Sullivan.
>> Uh with Sullivan, that's Bay View. Um I did talk to permitting and he can do a revision which I believe that's the last thing that he said that he was going to do a revision to include the wooden decking. So he's going he's it we will
um allow that revision. So if he moves forward that >> okay I'll issue an order then with um a new benchmark to make sure that he gets everything in for that part as I do feel that he has done substantially what he needs to do in order to come into
compliance. So I'll enter an order with a new >> So you no longer want >> Yes, I do. Okay. But I'm saying the order will have instructions. Got it. So, but yes, I do want next time to come and hopefully by then everything will
have been submitted for the whole thing. >> I hope so. >> Okay. >> Yes, ma'am. >> That's it for those, right? Is there anything else then the town has? >> No, ma'am. >> No. Okay. >> Okay, then I will we'll close this out and we can turn.
>> Is this off? It is now. >> Okay.