Okay, good morning. Calling this hearing to order. As a reminder, if everyone could please put your cell phones on silent so as to not disturb today's hearings. My name is Monica Schmucker. I am 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 and Florida Statutes Chapter 162. Um, first item on the agenda, we have some administrative items to address.
Uh, does the town have anything that we need to add or address to today's agenda? Um, your honor, we are going to um retrieve the minutes that are on the agenda currently and we will present them to you at our next um hearing along
with the February 19 minutes. Um, as you may be aware, we are currently transitioning to a uh new minutes transcriptionist. So, we will have those ready for you at the next hearing. >> Okay. Thank you. Does the town have anything to add from the agenda? >> Yes, I have two items. Um, agenda item
number F, case 2026 91 Boulevard is in compiance and will not be today. >> Sorry, my mic wasn't on. Agenda item F, 202600916 Bay View Boulevard will not be heard
today. And agenda item G, case 2026 0184, um 6020 6022 Gulf Road is in compliance, so will not be heard today. >> Okay. Okay. Will they be dismissed or do you need an order of compliance? >> I do not need an order of compliance.
They complied before they're done. >> All right. Perfect. Thank you. >> Okay. Next, we will uh hear the cases that are on the agenda, otherwise in the order that they appear. These are quasi judicial hearings, which means they will be similar to cases in court, but the
rules are less formal. Formal rules of evidence do not apply, but fundamental due process does apply and will govern the proceedings. I'll listen to the facts and the evidence before me on each case and apply them to the law. In all cases, the town has the burden of proof and will present its facts first. The
respondent will then have the opportunity to speak, present evidence, and refute the town's allegations. All parties who are here to speak on any case will have the opportunity to do so. At the conclusion of each case or within 15 days, I will issue an order finding
findings of fact, conclusions of law, and affording the proper relief of uh consistent with Florida law. Anybody who's here to testify, I ask that you please stand at this time and raise your right hand for the taking of the oath.
Thank you. Raise your right hand. Do you swear or affirm that the testimony you will provide today will be the truth, the whole truth, and nothing but the truth? >> Thank you. Okay. The first item that we have on the
agenda is FMB case number 2025932. Property owner Michael Schumacher. Property address 130 Flamingo Street. We have a respondent here. >> Yes. If you want, if you'd like, you can
come over and stand at this podium. Okay. Thank you. What could you please state your name for the record? >> My name is Michael Shoemaker. I'm the owner of this property and I'm I was here yesterday and I saw that I'm on the list. >> Okay. Thank you.
>> Okay. The town ready to proceed? >> Yes, ma'am. Okay. >> Good morning. >> Good morning. Good morning, your honor. My name is Terry W. I'm co- compliance officer for the town of Fort Myers Beach. I've worked here for almost two years. I've been sworn in and will be providing
testimony and documentation for case number 2025932. The documentation is attached to the agenda as exhibits and we will ask that all documents be accepted into evidence. the exhibits that were provided online.
We have exhibit A and exhibit B. Have you had an opportunity to take a look at them, Mr. Shoemaker? >> Um, yes. >> Okay. Do you have any objection to them being admitted? Now, you you'll have the opportunity to discuss them, but just at this time, are you okay with them being
admitted so that she can discuss them? >> I only saw this. Uh, I have to accept this. Nothing else. >> So, do you have any objection to them being admitted? >> Yes. You are you object or you're okay with it? >> No, I'm not okay with this, but I have to accept this um pictures and all the
information what I've got. >> Okay. Do you have a specific objection to any one item? >> Um I would say um the permit is not necessary because I made uh all the all the work. It was
>> Mr. Shoemaker. Yes. >> Uh you will have an opportunity to discuss the defense of your case once she's done. I just want to know if you have any objection to the documents that she's going to discuss right now. No. >> Okay. Thank you. >> You may proceed. >> Thank you.
>> Uh the subject property is located at 130 Flamingo Street for Myers Beach, Florida 33931. Exhibit A contains a notice of violation, a notice of hearing, and photos of the violation sent in January. Uh
take that back. Um exhibit A contains a notice of violation. Um, photos of the violation uh sent on January 22nd, 2026. Affidavit of notice of posting, copy of certified mail, copy of signed certified green mail card that was returned to
town hall signed. And the notice of violation, notice of hearing posted on January 22nd, 2026 on site and at town hall at the town hall building. the documentation that the respondent Michael Schumacher owns the real property that is the subject of the code
enforcement case. Michael Schumacher was given 30 days to come in compliance with the town of Fort Myers Beach ordinances which was on or before February 23rd, 2026. Um included in exhibit A is a copy of the Lee County Tax Collector Notice
and Lee County Property Appraiser printout, both showing ownership of the property. Also included are screenshots of the aerial um from Google Earth and Lee County property appraisers. Those photos showing the following.
One, 2024 Google Earth showing the sun room and patio, which is uh the subject of this code enforcement case. Two, 2023 Google Earth photo showing the sun room and patio partial roofing um displacement.
Three, October 2022 Google Google Earth sunroom patio. Four, January 2021 Google Earth sunroom patio. Five, 2021 Lee County Property Appraisers sunroom patio.
Uh, number six, 2022 post hurricane Ian Lee PA uh Lee County Property Appraisers um showing that there is no sunroom um slashpio. Number seven, uh, 2023 Lee County
property appraisers showing no sunroom/pio. Eight, 2024 Lee County Property Appraisers sunroom and patio. Nine, 2024 Lee County property appraisers post Hurricane Milton sun room and p patio
possibly missing some shingles or roofing. And 10, 2025 Lee County property appraisers showing that there is a sun room and patio. True and accurate unaltered copies have been marked as exhibit A and accepted into the record.
On September 4th, 2025, the town was advised of the code violation and on that same day, the town completed an inspection. On September 10th, 2025, the town sent a notice of violation to the property owner. Exhibit B contains an affidavit of
service for the notice of violation. the original notice of violation, proof of mailing, a copy of the signed green certified mail card which was returned to the town to town hall on September 17th, 2025. Um the first and original photos from
September 4th, 2025. And finally, photos dated September 11th, 2025 of the notice of violation posted on site and at town hall. Please accept those as exhibit B into the record. I have exhibit C. If you'd like them
before I explain what's in it or it's up to you. >> Go ahead and show them to respondent, please. >> Do you want them as well? >> Yeah, but show them to him first. Mr. Shmaker, she's she's asking to submit these for me to see. So, just have a look to see what they are and let
me know if you have an objection to her submitting them not to the content. you'll have an opportunity to discuss what's in it afterwards. Okay. So, go ahead and take a look at it. Could you just tell us what it is? >> Sorry. Um within um exhibit C, it's
emails between the property owner and myself andor his daughter. Um two town rejection letters um telling Mr. Schumacher, why we haven't um moved forward with um
issuing the permit for the sun room/pio uh the affidavit of non-compliance and photos from yesterday. >> Are these what she says they are? >> Yes. >> Okay. Are do you have any objection to her submitting these as evidence at this time? >> No questions. Okay.
Thank you. Thank you. >> All right. I'll go ahead and admit exhibits A, B, and C this time. >> Thank you. >> Okay. Proceed. Again, exhibit C contains emails between myself and the property
owner and/or his daughter. Um, two town rejection letters, an affidavit of non-compliance, and photos that I took yesterday um of the subject property. Um, the town has had several communications with the property owner
after the notice of violation was sent. Um, the first email, page one, was sent September 18th, 2025 from the property owner's daughter asking for a 30-day extension because her father um had some critical medical conditions. On
September 18th, 2025, which is page two, the town extended the compliance date of October 10th, uh, 2025 to November 18th, 2025. Um because I had made a mistake on the extension date, another email was sent giving the compliance date of
November 18th, 2025. On November 4th, 2025, which is page three, the town sent an email to the property owner and daughter reminding them of their um nearing compliance date.
On November 12th, 2025, which is page four, the property owner asked for another extension and my reply that I would talk to my supervisor about the request. On December 2nd, 2025, which is page five, the town emailed the owner that
January 1st, 2026 extension was granted. Also on page five, um January 15, 2026, there was an email from the town advising the property owner and daughter that the hearing would be scheduled for March because the violation had not been
abated. Since the above communications, the property owner applied for a permit on February 13, 2026 and paid the permit fees on February 24th, 2026. On February 25th, 2026, the s town sent a rejection
letter to the property owner advising them that the following information was required for the permit to be issued. They he needed engineering plans, Florida product approvals for the roofing windows and doors that have been installed.
On March 18th, 2026, the town completed another inspection and found the property owner continued to be non-compliant and the additional paperwork had not been received. Um, so the permit has not been issued. There's also a second rejection letter
in there that was sent um March 9th. Um, it's a fairly new rejection letter advising the property owner that even more paperwork is required. Um, I would like to ask that these email printouts, the town
rejection letter and affidavit of non-compliance, including photos of my inspection, um, be accepted as exhibit C into the record. >> The the one that you've provided us already? >> Yes. Yes, they've been accepted. Thank you. I thought you said that. Thanks.
um as a result of the subject's property owner failure to bring the subject property into compliance with the town of um code of ordinances and based on my sworn testimony and evidence that has been presented to you u including exhibits in the packet and on behalf of
the town of Fort Meer speech I'd like to ask that an order be issued but first I think you need to talk to the property owner I'm Okay, thank you. What is the town requesting? >> Um, we'd like the usual $250
administrative fee to cover um bringing this matter in in to um the magistrate. Um and um give the property owner 10 days to turn in all the paperwork since he's had
um quite a bit of time to do so. Um, and then would like to ask for $250 fine to be imposed um, starting on day 11, which is March 30th. Unless you choose otherwise.
>> Okay. Thank you. >> All right, Mr. Shoemaker. >> I've got I've got two days ago I've got an email with from the town that I have to bring something in. I didn't understand. And that's the reason why I was here yesterday in the permit area
and ask what I what I have to bring in. they told me uh that I have to come here today and um I have to do an extension of this uh because uh the material what I have to bring in takes at least 30 to
40 days and uh that's the reason why I need an extension of this 10 days uh at least of 30 or 40 days and then everything should be fine because in four weeks ago I made the permit and I tried to find the solution of the
Okay. >> You've been in communication with the town about this issue. >> Yes. >> You've received the rejection letters and telling you what you need to. >> Yes. >> Have you worked on getting the items that you need to that you need to get, >> including the engineering, the site
plans, the approval paperwork? >> Okay. Thank you. Do you have any reply? >> Um, if he needs 30 days, we'd be happy to do that. >> Okay. I'll issue an order giving him 30 days to submit all of the paperwork. Uh,
Mr. Schmaker, I want you to understand that if things don't happen within the time that said, "I don't want you to wait these 30 days. I want you to go home and get this started." You will begin to acrue fines, okay? And the fines are daily, so they do add up quickly. Um, the fines can be up to
$250. So, I'll have this 30 days. I'll have it set for the next magistrate hearing and then we'll we'll put as a status and then um after 30 days you will begin to acrue fines. Okay. >> Okay. >> So, can you be here in the next 30 days?
We'll I'll issue an order. >> Yes. >> All right. I'll issue an order within the next week or so. Did you have something you wanted to add? >> Um I'd like to make a correction to the administrative cost. um and the total administrative cost which is part of
packet C. I forgot to um tell you that it's in the very last page of the packet C um exhibit C um which includes mailing fees and administrative support fees. So that total cost it which includes the $250
um cost to bring the case to a hearing, the cost would be $352.38. Okay, thank you. I have the form here. Thank you. >> Thank you. I apologize for that. >> So, I will issue an order. You will be assessed a cost of $352.38
for bringing this before the magistrate. Um, but no fines, no daily fines will begin to acrue until after 30 days if you do not come into compliance at that time. Okay. >> Okay. >> Okay. I'll issue an order within the next week or so about that. Okay. >> Okay. Thank you. >> Thank you. Anything else on this one?
Um, I'm also available if any questions and I can point questions in the right directions if I can't answer them for the property owner. >> Okay. Just stay in communication with them to make sure they have what they need. Okay. Okay. >> All right. Thank you. >> Okay. >> Thank you. >> And your honor, I'd just like to state
for the record the next hearings are April 16th. April 16th. Okay, the next hearing that we have is I see the next four hearings actually are the same respondent uh Sugar Beach Estates LP. Is that respondent present
today? >> They are present, your honor. >> Where's the Did you just arrive here? >> Were you >> I was late. I was coming from Naples, but uh >> Okay. >> Um I'm not a lawyer. >> Will you be Will you be testifying then?
Just raise your right hand. >> Are you going to be testifying today? >> I mean, I don't know. Like I'm uh I'm first time here. I'm a realtor representing uh uh sellers for the Sugar Beach Estates. >> Are you here for Sugar Beach Estates LP?
>> Yes. >> Are you here to speak on their behalf? >> Um >> or are you a witness? >> I'm a realtor who is representing them uh for sale of Sugar Beach properties. They're out of state. that they could
not come here and they could not afford to have the lawyer here. So, I just want to speak uh a few words about them and on what situation they are. >> Okay. So, you're you're not any of the
owners or managing or representative of Sugar Beach Estates. No, you're a witness for them, >> but they're not here. >> Yes. >> Okay. Um All right. raise your right hand. Do you swear or affirm that the testimony you will provide today is the truth, the whole truth, and nothing but the truth?
>> Yes, sir. >> Okay. Uh I can't have you speak on their behalf. >> Okay. >> You could be a witness for them, but if you don't if you are not them and you're not their lawyer, >> I I mean, you don't count as being respondent, but
certainly I guess you could be a witness for the parties. I don't know that that's there's nobody here on their behalf who's repres No. Okay. >> Um I'm going to allow the town to proceed, but my question was did you want to do these one at a time?
>> Is that probably the cleanest way to do it? >> They're all very similar, but yeah, we can go through them one at a time. >> Or or I don't know if you were planning on >> No, we were planning on one at a time. >> Let's do one at a time. Okay. Uh that was that was my question. So, why don't you go ahead and proceed with
uh Okay, the first one is 2025404 property owner Sugar Beach Estates LP. Property address 5268 Boulevard. You >> Good morning, honor. Uh, Officer Hoffman with the town of Fort Myers Beach. I've
worked for the town since May 13, 2024. I've been sworn in and will be providing testimony and documentation for case number 20250404. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence.
>> I have exhibit A that was provided online. Um, >> yes, your honor. and that would be accepted into evidence. >> Thank you. The subject property is located at 5268 Eststero Boulevard, Fort Myers, Florida, 33931.
Exhibit A contains the notice of violation, notice of hearing sent on January 29th, 2026. Affidavit of notice and posting, copies of certified mail and registered mail receipts, and photos of notice of violation, notice of hearing posted on
January 29th, 2026 on site. Notice of violation, notice of hearing posted to town hall on January 29th, 2026. The documentation that the respondent, Sugar Beach Estates LP, own the real property that is subject of this code enforcement case. Included in exhibit A
is a copy of Lee County Copy property appraiser, Lee County Tax Collector, and Sunbiz. These records demonstrate that notice was provided to the property owner. I would like to submit exhibit B as an affidavit of non-compliance with photos.
I performed a reinspection of the property on March 18th, 2026, and the subject property was still in violation of of the town of Fort Myers Beach ordinance. Please accept this in the record. can bring it here. >> Get it.
Okay, exhibit B will be admitted. Um, just one second. Did Sugar Beach send you to speak for them on their behalf as Sugar Beach? >> They they know that um I will be here but as a as a witness. >> Okay, that's okay. All right. Exhibit B
will be admitted. Thank you. >> Thank you, your honor. Sugar Beach states LP was not provided with a compliance date in this case as officer Hoffman had reason to believe at the time of the initial inspection on 127 2026 that the violations or
conditions causing the violations present a serious threat to the public health, safety and welfare or is irreparable or irreversible in nature as a result of the subject property's owner's failure to bring the subject property into compliance with the town
code section 6-1. 1, adoption of International Property Maintenance Code 301.3, vacant structures and land, LDC section 6-1, adoption of International Property Maintenance Code 308.1, accumulation of rubber garbage. And
based on my sworn testimony and evidence that has been presented to you on behalf of the town for Myers Beach, I ask that an order be issued. The time would like to ask for a finding of violation and to impose an administrative hearing cost in the amount of $3612.
I'd like to submit the co-compliance administrative hearing cost sheet as exhibit C at this time. Thank you. Okay. Exhibit C, the cost sheet will be admitted. Thank you. >> Thank you, your honor. We ask that these
uh costs be granted for bringing this uh matter before the special magistrate. Uh based on the 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 the general public, the town would like to ask that
a $250 a day fine be imposed starting on this date until the violations are abated. Thank you, your honor. >> Thank you. I see that I I'm sorry. Is that it? >> Yes, ma'am. >> Okay. Um, I I do see that uh the town
had checked if this was a an immediate danger. Is the town requesting authorization to remove the structure? >> I would have to follow up on that and get back to you, your honor. >> All right. I just wanted to clarify. Thank you. >> You're welcome. >> Um, okay. And what was your name? I'm
sorry. Again, >> Goran Gen. >> Could you give me your full name? >> Goran Dad. >> Could you spell your last name? D E N A D I J A >> Thank you. And you said you are a
witness here to speak on behalf of Sugar Beach. >> Yes, I'm their realtor co co- agent on selling their properties and um I want just to explain their situation. Um they bought uh these properties eight
beachfront properties few years be before the hurricane Ian. Um they invest a lot of money to make them beautiful and represent representable for the rentals and then uh when uh Ian struck
they they lost everything. um like many others on on on the beach. Uh and they still continue maintaining their uh financial responsibilities paying the uh loans, mortgages and the
outgoing cost. Um and um they are now in the very difficult situation that they need to sell the properties to uh cover all the loss that that they have. if they can cover they they did not get the
um the money from the insurance to recover. So uh the the current situation is that um we as a realtor we understand what what situation they are and we help them
clean the the lot. I was uh by myself for for 3 days cleaning that lot to cutting the grass and uh um making sure that it's representable and safe for uh for the public. Uh uh we are aware of
the situation with the structure. they're they're not currently financial um ready to take all the the the structure out but they're working on on that. Uh and um
uh I wanted to mention also that uh they generously gave the opportunity to Fort Myers Beach Fire Department to do their um uh trainings on the properties over
there and uh they're very grateful for for that. they they send us uh messages and and photos how they appreciate work. Uh and I just want to say the end that these are the good people going through
the very uh hard difficult time. uh they're facing uh bankrupt bankruptcy. If they don't sell the uh properties and we are doing our our best to sell them uh fast and uh for someone else to uh
develop a new nice residential area over there. >> Okay. Thank you. All right. Does the town have anything to add? Yes, your honor. Later in my testimony,
when I get to the last property, I have a final statement that addresses all all four properties that will um address >> address what this gentleman just stated. >> Okay, good. Um did you have something to add? I saw you walked up.
>> Yes. Um do the comments and the seriousness of the violation, if you would like to authorize um securing or foreclosure or demolition of the property um on your order, that would be >> okay. >> Requested. So, what I'm going to do is I'm going to take each one under adisement until I hear all four um
anyway so that I can hear what the situation is on all four and then um then we'll we'll see. But more than likely, I would I would authorize if there's something that is a danger to the public that I would authorize the demolition. >> Thank you, your honor.
>> Thank your honor. >> Is there anything else on this one that the town would like to add? Your honor, all I would say is uh if you refer back to the pictures of the affidavit, um you can see the condition the property is in. Um the general
public has access to this property not only from the beach but also from a sterile boulevard. Um I also work for the town as a ranger and I also I have I have seen people sleeping under the building, mattresses under the building.
So there is definitely evidence that people are utilizing this property. It's not all the time, but I have I have witnessed it. Uh which is why uh this is such a safety concern to the general public. If you can tell the condition of
the property as it currently was as of yesterday and the property has just continued to deteriorate after Ian and nothing really has been done to uh secure the properties or anything to that matter. So that's really why I feel
that there's a very severe issue here to the general public. So that is why we're addressing it the way we are. >> Okay. Thank you. I do understand. Um All right. So I will Did you want to add something? Yes. >> Okay. >> Yes. >> Go ahead. >> Um I want to add about the mattresses
and uh we we are we were aware of that when the town uh said and the mattresses were removed. uh as soon as we got a notification uh and uh entire area is uh clear the
the only thing is the the so there is no one no one else like sleeping o over there or we we close the the door and as I said we have like firefighters over there like uh uh every few few days to to do the uh the practice on on those
houses uh uh Uh I mean uh um it's a private property so no one should walk over there but uh we cleaned the breeze and we we cleaned the the area so it will look nice for for the neighbors and
uh for the community. >> Okay. Thank you. All right. So I'll reserve ruling on this one. I'd like to hear all four since it's the same respondent. Um and then we'll discuss the appropriate remedies on on them. Okay. >> Thank you. >> All right. Thank you. Is Is that it for
this property? >> Yes, sir. I >> Okay, so I'm going to reserve ruling and we're going to move to FMB case number 20250298. Property owner Sugar Beach Estates LP. Property address 5268
Estero. I'm sorry. 5276 Estero Boulevard. Is the town prepared to proceed? Okay. Thank you. It's up to you. You you can you can have a seat. It's Thank you. >> Good morning again, your honor. Officer
Hoffen with the town of Fort Myers Beach. I've worked with the town since May 13, 2024. I've been sworn in. We'll be providing testimony and documentation for case number 20250298. The documentation is attached to the agenda as exhibits, and we ask that all
documents be accepted into evidence. The documents that were online will be accepted into evidence. >> Thank you, your honor. >> Thank you. >> The subject property is located at 5276 Eststero Boulevard, Fort Myers Beach, Florida 33931.
Exhibit A contains the notice of violation notice of hearing sent on January 29th, 2026. Affidavit of notice and posting, copies of certified mail and registered mail receipts, and photos of notice of violation, notice of hearing posted on January 29th, 2026 on
site. Notice of violation notice of hearing posted to town hall on January 29th, 2026. The documentation that represents Sugar Beach Estates LP owner property that is the subject of this code enforcement case included in exhibit A is a copy of
the Lee County property appraiser, Lee County Tax Collector and Sunbiz. These records demonstrate that the notice was provided to the property owner. I would like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection of the
subject property on March 18th, 2026 and the subject property was still in violation of the town of Fort Myers Beach ordinances. Please accept this in a record. Exhibit B will be admitted. Is that another one or is that the same? Exhibit B. Okay. So, exhibit B will be admitted.
>> Thank you, your honor. Uh, Sugar Beach states L LP was not provided with a compliance date in this case as officer Hoffman reason to believe at the time of the initial inspection on 127 2026 that the violations or the conditions causing the violations present a serious threat to
the public health safety and welfare or is irreparable or irreversible in nature as a result of the subject property owner's failure to bring the subject property into compliance with town code section 6-1 adoption of international property Property Maintenance Code 301.3
vacant structures and land LDC section 6-1 adoption of International Property Maintenance Code 308.1 accumulation of rubbish or garbage and based on my sworn testimony and evidence that has been presented to you on behalf of the Tom Fort Myers Beach. I ask that
an order be issued. The Tom would like to ask for a finding of violation and to impose an administrative hearing cost in the amount of $3612 to cover the cost of bringing this matter before the special magistrate. I would like to submit the co- compliance administrative hearing cost sheet as
exhibit C at this time. Exhibit C will be admitted. Thank you. >> Thank you, your honor. Based on 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 the general public,
the Tom would like to ask that a $250 a day fine be imposed starting on this date until violations are abaded. Thank you, your honor. >> Thank you. Um, is that is that all for this one? >> That is all on this one. Yes, ma'am. So
again, I'll reserve ruling until I hear the four. Um, would the town Well, I guess will the town be also requesting authorization on this one for demolition? >> Yes, we would be here. >> Okay. Um, I'll reserve ruling until I hear all
four and then we can discuss that. So, let's move on to um FMB case number 20250296, property address 5280 Eststerero Boulevard. >> I'll give you a minute to get your items
together. No, you're good. >> No, I jumped quickly. So, just I'll give you a moment. Okay. Thank you, your honor. Um, good morning again. Officer Hoffen with the town of Fort Myers Beach. I've worked for the town since May 13th, 2024. I've been sworn in and will be providing
testimony and documentation for case number 2025296. The documentation is attached to the agenda as exhibits and we ask that all exhibits be accepted into evidence. >> Uh, exhibit A, which was attached to the agenda and is available online that will be admitted.
>> Thank you, your honor. The subject property is located at 5280 Sterile Boulevard, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation, notice of hearing sent on January 29th, 2026, affidavit of notice
and posting, copies of certified mail and registered mail receipts, and photos of notice of violation, notice of hearing posted on January 29th, 2026. On site, notice of violation, notice of hearing posted to town hall on January 29th, 2026. The documentation that
represents respondents Sugar Beach LLC, Sugar Beach Estates LP, own the real property that is subject of this code enforcement case. Included in exhibit A is a copy of Lee County property appraiser, Lee County Tax Collector, and Sunbiz. These
records demonstrate that notice was provided to the property owner. I would like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection of the property on March 18th, 2026, and the such a property was still in violation of the town of Fort Myers Beach
ordinances. Please accept us in the record. Okay, exhibit B will be admitted. >> Thank you, your honor. Sugar Beach states LP was not provided with a compliance date in this case as officer Hoffman had reason to believe at
the time of the initial inspection on 127 2026 that the violations or conditions causing the violations present a serious threat to public health safety and welfare or is irreparable or irreversible in nature. Sugar Beach Estates LP has abated
violation section 6-2 amendment weeds, but all other violations remain on property as of March 18th, 2026 reinspection. As a result of the subject properties owner failure to bring the subject property into full compliance with town code section 6-1,
adoption of international property maintenance code 301.3, vacant structures and land. LDC section 6-1, adoption of international property maintenance code 308.1, accumulation of rubbish or garbage. Chapter 6-1 section
303.1 swimming pools and section 341176 C comma 1 in ground swimming pools and based on my sworn testimony and evidence that has been presented to you on behalf of the town of Fort Myers Beach. I ask that an order be issued. The town would like to ask for a finding
of violation and to impose an administrative hearing cost in the amount of $3612 to cover the cost of bringing this matter before the special magistrate. At this time, I would like to submit the code compliance administrative hearing
cost sheet as exhibit C. Thank you. Okay. Exhibit C will be admitted. >> Thank you. Based on 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 the general public,
along with the property containing an unsecured pool with unapproved fencing. The Tom would like to ask that a $250 a day fine be imposed starting on this date until all violations are abated. Thank you, your honor.
>> Thank you. Is the town also asking for authorization? >> We would be. Yes, your honor. >> Forotion. Okay. >> All right. Thank you. Um question. Has the respondent reached out to you requesting a permit for demo at all on
any of these or on this one specifically? I >> We did discuss um methods of coming into compliance. I'll be speaking to that after I speak on the last property. I can get into that a little bit more then if that's okay, your honor.
>> Okay, no problem. But has a permit been I mean has there been any application for any permit for demolition? Okay. Okay. Thank you. Is that it on this one? >> Yes, ma'am. Okay. So then the next case, and I'll give you a second to get your stuff together, is
FMB case number 2025297, property address 53000 Eststera Boulevard. Again, good morning, your honor. Officer Hoffman with the town of Fort Myers Beach. I've worked for the town since May 13th, 2024.
I have been sworn in and will be providing testimony and documentation for case number 20250297. Documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. The documents uh exhibit A that were
attached to the agenda and that are online will be admitted. >> Thank you, your honor. The subject property is located at 53000 Esterile Boulevard, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation notice of hearing sent on
January 29th, 2026. Affidavit of notice and posting, copies of certified mail and registered mail receipts, and photos of notice of violation, notice of hearing, posted on January 29th, 2026 on site. Notice of violation notice of hearing posted to
town hall on January 29th, 2026. The documentation that represents Sugar Beach Estates LP own the real property that is a subject of this code enforcement case included in exhibit E A, excuse me, is a copy of the Lee County Property Appraiser, Lee County
Tax Collector, and Sunbiz. These records demonstrate that notice was provided to the property owner. I would like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection of the property on March 18th, 2026 and the subject property was still in violation
of town of Fort Myers Beach ordinances. Please accept this in a record. >> Thank you. Exhibit B is admitted. >> Thank you, your honor. >> Sugar Beach, it states LP was not provided with a compliance date in this case as officer Hoffen had reason to
believe at the time of the initial inspection on 127 2026 that the violations or conditions causing the violations present a serious threat to public health, safety, and welfare or is irreparable or irreversible in nature. Sugar Beast Estates LP has abated
violation section 6-2 amendment weeds, but all other violations remain on property as of March 18th, 2026. As a result as a result of the subject property owner's failure to bring this the subject property into full compliance with town code section 6-1
adoption of international property maintenance code 301.3 vacant structures and land LDC section 6-1 adoption of international property maintenance code 308.1 accumulation of rubbish or garbage and based on my sworn testimony and evidence that has been represented you
on behalf of the town of Fort Myers Beach I ask that an order be issued The tom would like to ask for a finding of violation and to impose an administrative hearing cost in the amount of $3612 to cover the cost of bringing this matter before the special magistrate. At this time, I'd like to submit
the co-mpliance administrative hearing cost sheet as exhibit C. >> Thank you. Okay. Exhibit C is admitted. >> Thank you, your honor. Based on 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 the general public, the Tom would like to ask that a $250 a day fine be imposed starting on the state until the violations are abated. And we will be seeking permission to demo the property.
>> Okay. Thank you. Is that it for this one? >> Uh, I do have a last statement if I may, your honor. >> Okay. >> Um, I would like to ask your honor to refer back to exhibit B, the affidavit of non-compliance in this case. Uh, the first picture in the packet demonstrates a proximity of this
property I have just testified to in relation to the beach. These properties include agenda items B, C, D, and E. They are all owned by the same property owner and are close in proximity to each other. There has been contact with the property owner and discussions have
taken place regarding achieving compliance. On 225 2026, I spoke with the property owner and he stated that the grass and/or weeds had been removed, which was accurate. when discussing securing or fencing off the property
until a determination could be made by the property owner as to what he was going to do with the property, which included selling as is or possibly demolishing the property. The property owner stated on this call that he was going to start looking for a fencing company to secure the property and
obtain any required permits to do so. These properties represent a real risk to the safety and wellness of the general public as they are easily accessible both from the beach and Sterile Boulevard. In my profess professional opinion, it is imperative that these properties at
the very least be secured until the property owner makes a final decision on what his plans are moving forward with these properties. Thank you, your honor. >> Thank you. Okay, I'm going to make a few comments. I don't know that I'm going to be able
to rule on every single issue at this very moment. Um the first thing is I I can't understate how sympathetic I am to a situation like this, but I do recognize that these pose these dangerous I mean these buildings look very dangerous. They they look like they
are um quite a risk to the public safety. I know it's been a long time since the hurricane and it looks like they received the notice in January. So we are two months later. Um, it does concern me that no application for demo has been put in. Has an application for fencing been put in?
>> I No, ma'am. >> Okay. And being that they're so close to the beach, I do think that it is a public risk. Okay. Uh because of that, I do believe that um I I would it would be justifiable to be able to authorize the
town to secure the property. um and any cost associated that would become a lean on the properties on all four of these properties and that could be done with a fence um or to demolish the property depending on how the town finds these
structures to be. Um one of them in fact I think for for this last one it looks like it is falling over. there's there's a support beam that is broken. >> That concerns me because anybody could be walking down the beach and this could be extremely dangerous to somebody. So,
I do urge the town to um either work with them immediately or proceed with whatever needs to be done to secure or demolish this property and I'll issue an order authorizing that. Um, and of course that um cost would be lean
against the property and if they saw it it'd be covered. Um, I am not going to rule today on um when the fines will start. Um, I will issue that in the ruling. I will
grant the costs on all four uh for today's hearings. Um, and I will rule that they either secure or submit a permit for securing the property or demolishing the property
within two weeks of today. If we don't see that, then the town will have authority to uh proceed how you see fit. Okay? And as for the fines, I will impose a fine. Um,
but the start date I won't I won't decide that yet. Okay. >> Thank you, honor. >> All right. So, I'll take the rest of the issues under adisement and I'll have a order for you uh shortly within within the week. All right. >> Thank you, honor. >> Is there anything else we need to
address on these four? >> Uh, no, your honor. I do not believe so. >> Okay. I believe we have then one more. You said the F and G are being removed. from from the agenda. Okay. So then we have the status update FMB case number
20251156 property owner Ganam Properties LLC property address 1240 Euro Boulevard. Do we need a minute to >> Okay. >> Good morning. >> Good morning.
See there's a a transition here. So, I'll just give everyone a minute to uh >> get settled. All right. Could you please state your name for the record? >> Yes. Michael Randolph, council for Ganon Properties. Thank you. >> And the Ganams.
>> Thank you. All right. Is the town prepared to proceed? >> Yes. >> Thank you. You may proceed. >> Uh, good morning again, your honor. Officer Robin with the town of Fort Myers Beach. I've worked for the town since May 13th, 2024. I've been sworn in and will be providing a status update for case number 20251156.
The uh subject property is located at 1240 Sterile Boulevard, Fort Myers Beach, Florida 33931. Reinsspection of the property located at 1240 Sterile Boulevard on 227 2026 revealed that Genum Properties LLC, the property owners in this code case, have
taken significant steps towards being abating all violations pertaining to the property by filling in the pool on property with sight fill in the form of rock andor gravel. Removal of debris on property and other measures to correct the safety concern to the general public. The subject property is
currently not in compliance with town court requirements pertaining specifically to the need to obtain a demo permit. The demo permit was requested by the town building official Pete Haggus after work was performed and reviewed at 1240 Sterile B Boulevard boulevard. The property owner was
notified through their attorney by email that the demo permit would be required to to achieve full compliance by code enforcement. The respondent in this case has been cooperative and responsive through this process to date. I would like to submit the affidavit of non-compliance as of 227206.
Please accept this into record as exhibit B. There's a third. Thank you. Do you have an opportunity to look at it? Exhibit? >> Uh, I I I'm aware of the information contained in the affidavit. >> Have Have you discussed ex Have you
looked at exhibit A too? Did we request exhibit? >> I have seen it. >> Okay. All right. Do you have any objection to exhibit B being admitted? >> No, your honor. >> Okay. Thank you. We admitting exhibit B. >> Oh yes. >> Okay. >> Thank
>> exhibit B will be admitted. >> Okay. Uh the town would like to ask for an order to impose an administrative fee of 250 to cover the cost of bringing this matter before the special magistrate today for a status update. The town is not currently seeking daily fines to be assessed at this time as the
property owner has willingly communicated and worked with code enforcement has and has corrected the safety concern to the general public on property. The town would like to extend an additional 30 days to the property owner to obtain the demo permit required by the town building official before any
daily fines are to be assessed. Thank you, your honor. >> Thank you. Response. Uh yes, we had a had communications u with the town uh and uh are an agreement that we would in fact one of the reasons secondary
reasons we're here today is to get a permit applied for. Um I'm going to back up a step and a and apologize to your honor. Um the notice that had gone out did wind up with our client who is a a company up in Connecticut. My name and
address is on there, but it's an old one. So with it for some reason it didn't get forward. I wasn't aware of the initial information coming out in November. So over the last couple of weeks we have been aware made aware of the situation when I received this information for today's hearing. And so
we took uh steps to quickly address uh the issues that we um you know to try to come into compliance. I think we're almost there. Uh, we're going to meet with hopefully somebody within building department and I've been authorized to apply for a permit today in order to get
that squared away. >> Okay. Thank you. Um, all right. So, sorry. Do you have a reply to that? >> Uh, no, ma'am. Uh, they they have definitely been cooperative once communication started and the the real
issue which which was the the safety concern has been addressed. So now it's just um obtaining that permit. >> Okay. All right. Thank you. Um I'll I'll issue an order extending the 30 days uh to receive a dental permit. Also put on the order. We don't need to come back
for another status hearing unless it is requested either to impose any fee um fines or or if you need a an order of compliance because there's already uh a violation on you know on file. We don't
need a hearing for that. you can just submit a request for that, an order of compliance. Uh, or in other words, you you you're welcome to be present, but you wouldn't have to be and we could do that. So, I'll allow the parties to decide when if we need another hearing to be able to close out the case if the parties are working towards compliance.
Perfect. That's great. And in the order that I issued today, I will impose the costs of $250. And I will uh put on there that there's a 30-day extension and that the parties are working on it and that there will be no further status conference until the parties request one for final
resolution. Okay. Does that work? Thank you, honor. >> Anything else? >> Thank you. >> Okay. Anything else? >> Thank you. I'm >> okay. All right. Perfect. >> And I believe that that concludes the cases that we have in the case. Is there anything else that we need to address? >> No, your honor.
>> All right. Then we are adjourned.