WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=UTf_YNC902g

NOTE
MEETING SECTIONS:

Part 1 (Video ID: UTf_YNC902g):
- 00:02:46: Opening Remarks, Approval of Minutes, and Procedures
- 00:05:07: Case 1: Pink Flamingo - Vacant Structure Violation
- 00:09:36: Deliberation on Pink Flamingo Case and Fine Amount
- 00:10:17: Case 2: Schumacher - Work Without Permit, Status Update
- 00:14:26: Discussion of Schumacher's Non-Compliance and Fines
- 00:17:05: Case 3: Little Conga LLC - Vacating Previous Order


Part: 1

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We'll call these hearings to order. As a reminder, if everyone could please silence their cell phones to as to not disturb today's hearings. My name is Monica Schmucker. the appointed special magistrate to hear today's code enforcement proceedings as provided for in chapter 2 article 5 of the Fort Myers

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Beach Land Development Code and Florida Statutes Chapter 162. First item that we have is approval of the minutes from April 16, 2026. And if anybody has any comments about it, uh I will go ahead and approve these and

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sign them. >> No objections. Thank you. Next, we'll hear the cases on the agenda in the order in which they appear, unless we need to make any changes at this time. >> There's one housekeeping item. Violation

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case A, 2026 0331 8061 Lagoon Road is in compliance and will not be heard today. >> All right. Is that the only one then? >> Yes, your honor. >> Okay. Um, all right. These are quasi judicial

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hearings, which means they're similar to cases in courts, but the rules are less formal. Formal rules of evidence do not apply, but fundamental due process does apply and govern these proceedings. I'll listen to the facts and evidence before me and apply them to the applicable law. In all the cases, the burden of proof is

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on the town and will present its case first. The respondent will have the opportunity to speak, present evidence, and review the town's allegations. Is there anybody here to speak on any of the cases of any of the respondents shown? Or do we have anybody on a video conference?

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>> No, your honor. >> Okay. >> At the conclusion of each case or within 15 days, I'll issue an order with findings of fact, conclusions of law, and affording the proper relief consistent with Florida law. At this time, I'd like to ask everybody who is here to provide testimony to please

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stand up, raise your right hand for the taking of the oath. Do you affirm or do you swear or affirm that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. >> All right. Um, first item on the agenda

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is item B, FMB case number 2026139. Property owner Pink Flamingo. Property address 5266 Eststerero Boulevard. Good morning, your honor. >> Good morning. >> My name is Marshall Chavez. I am a code

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enforcement officer with the town of Fort Myers Beach. I have worked for the town since July 23rd, 2024. I have been sworn in and will be providing testimony and documentation for the case number 2026139. The documentation is attached to the

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agenda as exhibits and we ask that all documents be accepted into evidence. >> I have exhibits A, B, and C. >> Okay. >> Uh that are attached online and those will be admitted. >> Thank you. Okay. The started property is

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located at 520 5266 Exterero Boulevard, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of violation notice of hearing set on January 3rd. January, sorry, January 30th, 2026. Affidavit of notice and posting. Copy of

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certified mail receipt and photos of notice violation. Notice of hearing posted on January 30th, 2026. On site, notice of violation. Notice of hearing posted to town hall on January 30th, 2026. The documentation that the uh that

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the respondents Pink Flamingo own the real property that is the subject of this code of enforcement case. Included in exhibit A is a copy of the Lee County property appraiser and Lee County tax collector. These records demonstrate that notice was provided to the property

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owner. Exhibit B. I would like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection on the subject property on March 24th, 2026 and the subject property was still in violation of the town of Fort Myers Beach ordinance.

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Please accept this into record. Pink Flamingo was given 30 days to come to compliance with town for Myers Beach ordinance which was on or before March 2nd, 2026. Exhibit D contains an affidavit of

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non-compliance with photos dated May 20 May May 19th, 2026 which show the current conditions of the property. Exhibit D also contains the code compliance administrative hearing calls for bringing this case to the special magistrate. Please accept this into

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evidence. >> So, is this exhibit D? >> Yes. >> Exhibit D is accepted into evidence will be admitted. >> Thank you. as a result of the of the subject property owner's failure to bring subject property into full compliance with town code section 6-1

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adop adoption of international property maintenance code 301.3 vacant structures and land and based on my sworn testimony and evidence that has been presented to you on behalf of the of the town of form beach I ask an order be issued

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the town would like to ask for a finding of violation and and uh sorry the town would like to asked for a finding of violation and to impose an administrative hearing cost in the amount of $3924 to cover the cost of bringing this

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matter before the special magistrate based on the location of this violation access to the property by the general public and the proximity to the beach which represents a real health and safety concern to general to the general public along with the property not containing a fence or any sort of

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enclosure. The town would like to ask that a $250 a day fine be imposed starting on the on this day until the violation are violations until the violation violations are abaded. Thank you, your honor. >> Sorry.

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>> Thank you. Um, has the town been in contact with this property owner? Did you receive any response? >> The only response I've gotten was way early in the case saying they would get on it. After that, nothing. >> Okay. Thank you.

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All right. Um, I will review the evidence um and issue an order with costs and a fine. Once I review the evidence, I will um determine them the amount of the fine. I will give them some time to come into compliance, but

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I'll take it under adisement. >> Thank you. >> Thank you. All right. Thank you. Next case that we have on the agenda is status update on FMB case number 20250932. Property owner Michael Schumacher.

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Property address 130 Flamingo Street. As a respondent the respondent's not here. No, ma'am. Okay. All right. You may proceed. >> Good morning. >> Good morning. >> My name is Terry W. I'm the code

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enforcement officer for the town of Fort Myers Beach. I've worked for the town for two years. Um, as of yesterday, it was two years. Um, I've been sworn in and will provide testimony. Um, and a status update for case number 2025932.

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The subject property is located at 130 Flamingo Street, Fort Myers Beach, Florida 33931. A reinspection of the property was completed yesterday, May 2 May 20th, 2026. And my inspection revealed that the violation continues, which is work

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without a permit. Michael Schumacher, the respondent, was ordered to bring the property into compliance by receiving the required permits for rebuilding the sun room by April 18th, 2026. I believe you have exhibit A, which includes the

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magistrate's order executed on March 31st, 2025, and an affidavit of non-compliance dated April 30th, 2026. If you don't have it, I do have it here. >> I do have it. Thank you. >> Okay. I believe you also have exhibit B

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which includes the permit records for the property. Um permit number 260255 with a status of waiting on resubmitt and two town of Fort Myers Beach rejection letters dated February 25th, 2026 and March 9th, 2026.

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Um please accept both of those into the record. >> I also have a copy if you need it, but I think you have it already. >> Yeah. Uh, exhibits A and B, which were online, >> yeah, >> will be admitted into the record. >> Thank you. Um, today I would like to

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submit exhibit C, which includes photographs, um, taken May 20th, 2026 of the property showing that the violation still exists, and a copy of the permit record, um, permit number 260255 with a status of, um, still waiting on

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resubmitt, and a second plan review rejection letter. The town still needs add additional documents before the permit can be issued and the project inspected. Please accept this into the record. >> Thank you. Okay. Exhibit C is a minute in the

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evidence. >> Thank you. Uh, the respondent paid the administrative fee and cost of $352.38 in the time frame required by the magistrate's order. However, the respondent has failed to provide the town with the required paperwork to

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issue the permit for the work that has been done without permitting, which is rebuilding the sun room without a permit. Um, the town would like to ask for a finding to impose daily fines of $250 starting April 18th, 2026. um again because the respondent did not

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meet the deadline to bring the violation into compliance as stated in the magistrate's order and $250 to bring this case back to the magistrate and I believe a draft order was emailed to you for your review. If not, I have a copy.

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>> Uh I do not have a draft order, but you can submit one. >> Okay. And I will ask if you could give me the the copy of it but also if you can mail it in word so that I can um you know finalize it. >> Sure.

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>> Okay. >> Thank you. And that's all for today. Okay. Thank you. Could you tell me what the communication was like as far as uh when requested for additional information? How long ago was

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the last communication in regards to the requested information? >> Um so the last rejection letter was sent yesterday. Um Mr. Schumacher called me yesterday.

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Uh he said he's having some medical issues. He was in an accident a while back. Um he said he was in the hospital and that he was he thought he had turned in all the paperwork required and I told him that he still hadn't. There was

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still um paperwork that was required. So we haven't received anything since. So again May 20th is when we sent the um last rejection letter um which is part of your exhibit C.

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And it says he failed to submit all the original um plans and information that the town needs to end up um issuing the permit. >> Was this information that had been requested specifically before in the previous?

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>> Yes, it had been. Mhm. >> Okay. All right. Uh, I will take a look at your proposed order and um and revise it if necessary, but I will impose a fine as of the date of my previous order, which he was supposed to

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come into compliance by April 18th, 2026. Uh, if he did not come into compliance, and I will impose a fine. Um, if Mr. Mr. Schumacher wishes to set another hearing or another status hearing or if the town wishes to set another status hearing as things change,

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uh, then please do so and we could assess the situation at that time. But for now, the fees will be I'm sorry, the fines will be acrewing and a $250 fee for bringing it before today uh today. And you said that he did pay the

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previous costs of 3523 >> in the correct time frame. >> Okay, good. >> All right. Uh, I'll issue an order accordingly. >> Okay. I appreciate that. Thank you. >> Uh-huh. Is there anything else for this one? >> No, but you said you did want me to email you the draft order. >> Yes, please.

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>> Yes, ma'am. Thank you. >> Thank you. >> All right. The next case that we have on the agenda, certification of lean FMB case number 20250344, property owner, Little Conga LLC.

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Property address 5531 Astera Boulevard. >> Good morning. Michael Herman, code enforcement manager with the town of Fort Myers Beach. Um, upon review of this case, um, for lean certification, um, there was an error in property ownership found. Um so the town is

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requesting a revocation of the special magistrate order for the case heard on October 7th, 2025 dated 1017, 2025. Um case um did not run any fine. So that we are just looking to vacate the order and the administrative cost of $250.

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>> You're looking to vacate the order? >> Yes, because it was a incorrect property that was cited at the time. >> Okay. That that's all you're looking for? You don't have like a proposed order or anything else? It >> No. >> Okay. Um All right. I'll take a look at it and do that.

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>> Thank you. >> Yeah. >> Okay. Is that it for that one? >> Yes, your honor. >> All right. Vacate the order. I'll just issue an order that just says that it's vacated and and I would reference it. >> Thank you. >> Okay.

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>> All right. Um is is that it? Is there anything else that we need to address this morning? That's everything we have scheduled this morning. >> All right. Thank you very much. Then uh we're journ