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 is the approval of the minutes for September 3rd, 2025.
I don't imagine anybody has any comment about that. Um, otherwise, I did read them and I will approve them and go ahead and get them signed. All right. Next, we will hear the cases that are on the agenda in the order in which they appear, unless we need to make any changes at this time.
Thank you. These are quasi judicial hearings, which means that they're similar to cases that you see in court. However, the rules are less formal. Formal rules of evidence do not apply, but fundamental due process will apply and govern these proceedings.
I will 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 its case 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 a case 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 Florida law. At this time, I'd like to ask everybody who's going to provide testimony to please stand up, raise your
right hand for the taking of the oath. Thank you. Do you swear or affirm that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? Thank you. You may be seated. We're going to begin with the compliance cases, excuse me, the status updates.
Um, and the first case is property owner Little Conga LLC. Property address 5531 Estero Boulevard. Who do I have here for the town? Good morning.
Good morning. Could you state your name, please? Good morning. Okay. Uh, Marshall Chavez. Thank you. Do we have a respondent? No. Okay. All right. Mr. Chavez, you may proceed. All right. Good morning, your honor. My name is Marshall Chavez, code officer
with town of Fort Mars Beach. I have worked for the town since July 23rd, 2024. I have been sworn in and will providing a status update for case number 2025 0344. The subject property is located at 55 531 EA Boulevard for
Myers Beach, Florida 33931. Reinsspection of the property located at 5531 EA Boulevard on 82625 revealed that the property is in compliance. The respondent, Little Conga LLC, repaired the fence to properly secure the pool.
The photos taken during inspection on A26, 2025 provide proof and evidence to support the statement. Little Conga LLC, the respondent were ordered to bring the property into full compliance by August 25th, 2025. I would like to submit into
evidence as an affidate of compliance and photos dated 82625 showing that the property was not brought into full compliance by the August 25th, 2025, the date that was set forth by the special magistrate. Again, we don't have a respondent here, right?
Okay. Thank you. Exhibit B. I'm sorry. Is this exhibit B? Okay. All right. It's marked as exhibit B for me. Okay. Okay. Yes. Sorry. Yes. Yes.
That's okay. All right. Um All right. Exhibit B is admitted. You may proceed. Okay. Uh the town would like to ask for a finding to impose an administration fee of $250 to cover the cost of
bringing this to the matter before special magistrate. The town would like to ask that the $200 per f per day fine be imposed for the from the order of compliance date of August 25th, 2025 or has your honor seems fit? Thank you.
Thank you. Um, so could you please clarify? So it is in compliant I mean it is in compliance. Yes. Completely with the everything. Yes. Okay. So, you're requesting the fee of $250
for the an admin fee. Yes. And and a fine and a fine for 200 uh per day. Okay. Um but they are in compliance now. Yes. And as of 82625, they came into compliance. Yes, your honor. Okay.
Okay. The order that was entered um on August 11th, 2025 uh stated that if they had not come into compliance by that day, a fee would be imposed. Um I'm sorry, a fine would be
imposed. But they did come into compliance. So, I'm not going to impose the fine, but I will have uh be assessed the administrative cost to cover the town's cost for bringing this matter before the special magistrate for having failure to bring the property into compliance
within the time that was initially given. So, there'll be a $250 uh administrative fee imposed, but no daily fine. Okay. Okay. All right. All right. Is there anything further on that one?
That's all. All right. Thank you. Thank you. All right. So, the next case that we will call is property owner Scott Sullivan, property address 190 Bay View
Avenue. Who do I have here for the town? Good morning, Terry W. Good morning. Okay. And do we have a respondent? No respondent today. Okay. Thank you. All right. Miss White, you may proceed.
Good morning. My name is Terry White, a code enforcement uh officer with the town of Fort Myers Beach. I've worked for the town for a year and a half. um and prior service elsewhere. I've been sworn in, provided the status update for
case number 20240743. The subject property is 190 Bay View Avenue, Fort Myers Beach, Florida 339 31. The property located at 190 Bay View as of October 7th, 2025 has not received
their permit for the tiki hut or the raised decking. The permit uh was submitted as in waiting on resubmittal status and a letter of rejection was sent to the contractor and property owner by permitting on September 15th,
2025. On September 25th, 2025, I sent a copy of the rejection letter and of the code order from the previous hearing via email to the property owner, Mr. Sullivan. And I also reminded him that there would be a status hearing today. And to date, I have not heard from that
property owner. Um, I observe the wooden deck and structure still in place on October 4th, 2025. And as of today, October 7th, 2025, the violation has not been evaded. And the findings of my reinspection and the permit research
revealed that the violation still exists. The cost of the um magistrate taking it to a hearing of $250, um, also has not been paid to date. Um, I'd like to submit an aid affidavit of non-compliance and photographs of my
reinspection October 4th, 2024 as evidence to my testimony. And the town would like to ask for daily fines to start um September 30th, 2025 as stated in the order dated September 15, 2025.
Thank you. We can call that exhibit A if you want for today. Do you have an additional copy? Uh-huh. How many do you need? Just one more please. Thank you.
All right. Exhibit A will be admitted. Thank you. You may proceed. That's all I have, ma'am. Thank you. Um, a few questions. I believe that they had started some paperwork that they needed to submit for the permit.
Mhm. Um, in the last order, there was a permit that was under review as to the tiki hut. They I think that needed to be added to it. Did they submit any additional paperwork? Um, so right now there, uh, the rejection letter, um, which I can give you a copy of if you'd
like. It can be exhibit B is the rejection letter that I stated that was sent by permitting and that I also sent to the property owner via email. Um, states that they're waiting on their first storm water review and the it says
the denied reasons rejection comments. It appears that 500 square f feet of imperous surface has been added to the site. An engineered drainage plan will requ be be required to be resubmitted and it says how he can go about doing that and to date that has not been done.
Okay. Yes. If you want to submit that as exhibit B. I only have one copy. I can make a copy later. Okay. Thank you. Is that all? Yes, ma'am. Okay. All right. Um
I find that Mr. Mr. Sullivan has not come into substantial compliance with the order specifically the order that was well the last order which was entered on the 15th of September. Um
you said there is a 250 administrative cost that's not been paid. Okay. He has not paid that yet. All right. So, um, I will impose a daily fine
as of September 30. So, as of October 1st of $150 a day until compliance until he's shown compliance, um, I'll issue an order, but I will put
the burden on Mr. Sullivan to um, notify the town when compliance is achieved. Okay. And at that point then, you know, the parties can request an order of compliance, but we won't need
another status conference until either compliance is achieved or whatever the next steps the town wants to take. Okay. Okay. Could we also add that $250 administrative fee to this new order, please? Yes. Yeah. Thank you.
Okay. Thank you. Okay. Um, the next, sorry, let me go back. The next case on the agenda is property owner Cummings Mary and Driscoll Steven. Property address 280 Fairweather Lane.
Um, do we have a respondent? No. Okay. Would you please state your name for the town? Yes. Good morning, your honor. Officer Hoffman. Sorry, I didn't I didn't I can't hear you.
Sorry. Uh, Officer Hoffman, your honor. I can hear you now. Thank you. All right, you may proceed. Good morning, your honor. My name is Officer T. Hoffman, code enforcement officer with the town of Fort Myers Beach. I worked for the town since May 13th, 2024. I began my service for the
town as a neighborhood community service ranger and became a code officer. I have been sworn and will be providing a status update for case number 20250119. The subject property is located at 280 Fairweather Lane, Fort Myers Beach, Florida 33931.
Reinsspection of the prop property located at 280 Fairweather Lane on 106 2025 revealed that the property is still in violation of chapter 6-2 amended 302.8 Eight motor vehicles and boats for the vehicle on property silver Ford
F-150 Ohio Tag Kilo Juliet Zulu 9425 registration expired one of 2025 and being inoperable and or in disrepair and section 1110.1 for the structure on property being in disrepair. The respondents Cummings Marks K. Driscoll
and Stevens S did repair the fallen white fence on the right side of the property andor structure which did contain and secure the pool in the rear of the property and the backyard as a whole and the contents within the area of the property. Due to the repair of the white fence, I cannot testify to the
condition of the backyard and the violations specific to that area of the property as they were no longer visible during inspection. However, the structure as a whole is still in violation due to the contention of the roof and other portions of the structure being in disrepair. The photos taken during inspection on 106 2025 provide
proof and evidence to support this statement. Cummings marks K and Driscoll Stevens S. The respondents were ordered to bring the property into full compliance by September 24th, 2025. I would like to submit into evidence an affidavit of non-compliance with photos dated 9:24
2025 showing that the property was not brought into full compliance by the September 24th, 2025 date that was set forth by the special manry. Please accept this into the record. I believe it's exhibit B. I see four copies. Is that correct? Yes, ma'am.
Thank you. Okay. Exhibit B will be admitted. I'm sorry. Exhibit B will is admitted. Thank you. Yes, you you can proceed. I would also like to submit into evidence an affidavit of non-compliance and photos dated 106 2025 showing that the property
is still currently not in full compliance at this time despite the repair to the right fence on the right side of the property. Please accept this into record. I believe this will be exhibit C is exhibit C. Okay. So, exhibit B is an affidavit in
photographs. Exhibit C is also an affidavit in photographs. Yes, your honor. It was from the inspection conducted yesterday. Okay. To show current condition of the property. So, exhibit B is an affidavit. What is when is that one dated? That was from
the uh September 24th, 2025 compliance date that was ordered. Okay. At the last hearing, okay, to show that they were not in compliance by the order date, right? Okay. Okay. Both of the affidavit are dated on 106.
The affidavit with the pictures from the 24th, there should be a correction on the top. I apologize. That's okay. Thank you. That's it. That clarified it. Okay, you could proceed. Okay. Um, the to like to ask for a finding to impose an administrative fee of 250 to cover the cost of bringing this manship
before special magistrate. The Tom would like to ask that the $250 per day fine be imposed from the order of compliance date of 92425 and thereafter until full compliance is achieved or as your honor sees fit. Thank you, your honor. Thank you. All right. So, just to to
clarify the vehicles the vehicles still there. Yes, your honor. The pool is not cleaned. The pool is no longer visible due to the fence being repaired. So, they did repair the fence? Yes, your honor. They did repair the
fence. So, the full fence is taken care of? Yes. On the right side of the property? Yes, your honor. And that would be the barrier for the pool. That would Okay. um the equipment, materials, furnishings, and all that. The stuff that was outside
on the lawn was that that was all the the the items that were in the backyard that were those were in the back. So now they're behind the fence, correct? Okay. Um and then obviously the structure has not been repaired or anything. Do you
know if there's any sort of permit for demolition? Uh I do not and I have not heard from the respondent. Okay. And once again, no respondent is here. All right. Okay. So, I I will grant the $250 fee.
Um I will I will impose the fine, but I will reduce the fine from the 250 as they did erect the border around the pool and then and repair the fence. Um which took care of about half of that. So, I'll
reduce the fine to 150 per day until it comes into compliance. I will put the burden on the respondent or the respondent will have the burden to come and let you guys know when it is in compliance. Otherwise, the fine will continue to acrue until they do that. We
will not need a status hearing unless the town chooses to take any further steps beyond that. Okay. So, I'll order an issue imposing fine. Um, and then the 250 fee. Is that it? Did I address everything?
Yes, ma'am. Thank you, your honor. Okay. Um, all right. So, that'll be all. Let me just Okay, perfect. The next one, the next case on the agenda is Starlight Property
Investments, 132 Andre Mar Drive. Who do we have here for the town? Officer Hoffman, your honor. Thank you. Do we have a respondent? Okay. All right. You may proceed. Good morning, your honor. My name is Officer T. Hoffman, code enforcement
officer for the town of Fort Myers Beach. I've worked for the town since May 13th, 2024. I began my service for the town as a neighborhood community service ranger before becoming a code officer. I have been sworn in and will be providing a status update for case number 20250067.
The subject property is located at 132 Andre Drive, Fort Myers Beach, Florida 33931. Reinsspection of the property located at 132 Andrear Drive on 106 2025 revealed that the property is still in vi
violation of chapters 6-1 section 303.1 swimming pools and section 34-1176 Ca 1 and ground swimming pools for the pool on property not being properly secured with proper fencing and containing stagnant water causing a
safety concern to the general public. Starlike Property Investments. The respondents were ordered to bring the property into full compliance by September 24th, 2025. I would like to submit into evidence an affidavit of non-compliance and photos dated 92 24, 2025, showing that the property was not
in full compliance by the September 24th, 205 date set forth by the special magistrate. Please accept this into record. I believe it's exhibit B. Okay, exhibit B is admitted. Thank you. Proceed. Thank you. I would also like to submit into
evidence an affidavit of non-compliance and photos dated 106 2025 showing that the property is currently still not in compliance at this time. Please accept this into record. Exhibit C. Okay, exhibit C is admitted.
Thank you. The Tom would like to ask for a finding to impose an administrative fee of $250 to cover the cost of bringing this matter before the special magistrate. The Tom would like to ask that the $200 day per fine be imposed from the order of compliance date of 92425
and thereafter until compliance is achieved as or you feel fit, your honor. Thank you. Thank you. Um okay. I find there's sufficient evidence to show that it is still not in compliance. Um they were
the respondant was ordered to bring it into compliance by 92425. I will issue an order imposing a fine as of 92525 of $200 per day plus a fee of $250 uh for the administrative fee to cover
the cost of bringing this before the magistrate. Um the respondent will have the burden to advise the town when they've brought this property into compliance and until then the fine will continue to acrue.
There will be no need for a status hearing for that. Um unless the town decides to take any further necessary steps or uh to you know if if the parties wish to request an order of compliance be issued. Other than that I think that's everything for that one. Is
that correct? Yes ma'am. Thank you your honor. Okay. Thank you. Okay. Um, lost my agenda. Thank you. Next case, uh, we have is property owner Bay View Life, Inc., Property address 16 Bay View Road. I
mean Bay View Boulevard. Uh FMV case number 20250115. Do we have a respondent for this one? Okay. All right. Who's here for the town? Please state your name. Good morning, your honor. My name is Marshall Travis, code enforcement officer with the town of Fort Mars Beach. I worked for the town since July
23rd, 2024. I have been sworn in and will be providing a status update for case number 220115. The subject property is located at 16 Bay View, Fort Myers Beach, Florida 33931. Reinspection of this property located at
16 Bay View Boulevard on October 7, 2025 revealed that the property is still in violation of chapter 6-1 section section 330 303.2 enclosures. The respondent Bay View Bay View Life Inc. repaired and cleaned the pool to working conditions.
However, the pool's enclosure has not been repaired and therefore is still in violation. The photos taken during the inspection on on October 7, 2025 provide proof and evidence that to support this statement. Bay View Life Inc. The respondent were
ordered to bring property into full compliance by March 16, 2025, which I would like to submit into evidence and an affidavit of non-compliance and photos dated October 7, 2025, showing that the property was not brought into full compliance by the by December 24,
2025. the date that was set forth by the special magistrate. I would like to also submit into evidence an affidavit of non compliance and photos dated 107 2025 showing that the property is still currently not in full compliance at this time.
Did you have another one or Oh, is it? Okay. So, the first one will be exhibit A. Is this the same one? Yes. And this I'm sorry. It's the same one. Okay. One. Oh, sorry. I thought you had another one. Um, okay. Okay.
Again, there's no respondent here. Okay. Good. So, I mean, not good, but exhibit A. So, you wish to admit? Yes. Okay. Exhibit A will be admitted. You may proceed. The time would like to ask for a finding to impose an ad an administration fee of
$250 to cover the cost of bringing this matter before special magistrate. The time would like to also ask that $250 per day fine be imposed from the order of a compliance date of September 24, 2025 and therefore until full compliance is achieved or as your honor seems fit.
Thank you. Thank you. Okay. There's been no progress towards compliance. No. No, ma'am. Your honor. All right. Um I find that the respondent
is in violation of the order that was entered the third day of September 2025. Um which ordered the respondent to bring the party into compliance by September 24th, 2025.
Um, a fine of $200 per day will be imposed beginning September 25th, 2025, and will continue to acrue each day until the property is brought into compliance and until respondent has notified the town of compliance.
Um, if there won't be a Well, okay. So, we'll add the administrative fee of 250. I'm not sure if I stated that already to cover the cost for bringing the matter before the magistrate. And there will not need to be a status
hearing unless the parties request request one for a status I'm sorry, an order of compliance. Um or unless the town wishes to take further action. I think that's it. I think I've got it covered everything.
Yes. Is there anything else to address? That's all your honor. Okay. Thank you. Thank you. Okay. The next case I have is case number 20250372. Property owner Marie Denon. Yeah. Is that right?
3111 Shell Mound Boulevard. Do we have a respondent? All right. And who's here for the town? If you could please state your name. Terry W. Thank you. You may proceed.
Good morning again. My name is Terry W with the town of Fort Myers Beach. I'm the code enforce uh code enforcement officer and I've worked for the town for a year and a half. I have 23 years prior experience in another jurisdiction. I've been sworn in and will provide testimony
for case number 25372. the subject property at 3111 Shellmound Boulevard, Fort Myers Beach, Florida 33931. Upon reinspection of the property on at 3111 Shellmound on September 23rd,
um only because I was in the area, I observed the demolition of the house. Um the debris, junk and tall grass and weeds all have been addressed at this uh location and um as of the order of compliance date of September 24th the
2025. The findings of my reinspection reveal that the violation has been abated and the cost of $250 to bring the case to the magistrate which was part of the order has also been paid. Um, I'd like to submit affidavit of compliance
with photos from the date of my inspection as evidenced to my testimony and ex exhibit A, if you would please accept this into the record. Okay. Exhibit A will be emitted.
Thank you. Nothing further. Okay. All right. I've um I find that there's sufficient evidence to find that respondent has brought the property into compliance. um
in compliance with the order issued the 3rd day of September and the fee was already paid. Yes, ma'am. So, nothing more is owed. Um no fee will be I'm sorry, no fine will be imposed and I'll issue an order of compliance.
Thank you. Appreciate that. Thank you. All right. Thank you. Uh, next case is 2025 0540 property owner Y or Yay LLC. Property address 1901 EO Boulevard. Do we have a
respondent? Okay. Town. He's here for the town. Officer Hoffman, your honor. Thank you. Okay, you may take that podium. Thank you. Okay, the town may proceed.
Good morning, your honor. My name is Officer T. Hoffman, code enforcement officer with the town of Fort Myers Beach. I worked for the town since May 13th, 2024. I began my service for the town as a neighborhood community service ranger before becoming a court officer. I've been sworn in and will be providing
a status update for case number 2025 0540. The subject property is located at 1901 of Sterile Boulevard, Fort Myers Beach, Florida 33931. Reinsspection of the property located at 1901 of Sterile Boulevard on 106 2025
revealed that the violations continue for the keeping or maintaining of a dwelling in disrepair in unsafe condition. An example, but not limited to damage or missing gutters, missing and or falling siding, exposed wiring, and missing sections of the structure in the rear of the building causing it to
be unsecured and a safety concern to the general public. Y AAA LLC. The re respondents were ordered to bring the property into compliance by September 10th, 2025. I would like to submit into evidence an affidavit of non-compliance and photos dated 910, 2025, showing that
the property was not brought in compliance by the September 10th date that was set forth by the special magistrate. Please accept this into record. Exhibit B. Can you please make sure respondent has a copy? Do you have a copy? I do. Okay. Do you have any objection to the
admission of this? I do not. Okay. All right. Then exhibit B will be admitted. Thank you, honor. I would also like to submit into evidence an affidavit of non-compliance and photos dated 106 2025 showing that the property is currently
not in compliance at this time. Please accept this into record. Exhibit C. I'm sorry. Could you please state your name for respondent? Yes, my name is James Inc. I represent the property owner who is also here today. Okay. Mr. Inc., do you have do you have
a copy of exhibit C? I do. Okay. Do you have any objection to the admission of I do not. It is a existing condition today. Okay. Thank you. Exhibit C will be admitted. Thank you, your honor. I would also like to submit into
evidence supportive emails dating back to 57205 stating that the property needs to be secured in order to correct the safety concern to the general public. While further plans to partially demo the property and remodel and or rebuild is required by the town to achieve
compliance even if permits are in the process for demo or remodel. Securing the property is a requirement for compliance in regards to this specific violation. Please accept this into record exhibit D. Mr. Inc., do you have a copy of D? You do now.
Do now. Do you have any objection to the admission? I have no objections other than the It's not an objection, just an observation that the October 3rd, which
was last Friday, email to the compliance officer from the property owner was never answered. Okay, you can address that one, but but no objection to the No, no objections. Okay.
All right. So, exhibit D is admitted. Thank the town would like to ask for a finding to impose an administrative fee of 250 to cover the cost of bringing this manner before the special manage. The Tom would like to ask that the $250 a
day fine be imposed from the order of compliance date 910 2025 until full compliance is met in regards to securing the property in order to correct the safety concern to the general public. I would also like to add that this property is located on the north end of the island which poses a greater
danger to the safety of the general public as traffic on the north end tends to be more populated especially on the weekends. The message from the town has been consistent. and secure the property while additional plans are made to partially demo, rebuild, and or obtain required permits. Thank you, your honor.
Thank you. Okay, Mr. Ink. Yes, your honor. Uh, restate for the record. I'm James Ink representing the property owner and I was sworn in. Um, I was here before you on August 11th where we talked about this and where the
property owner had secured the front windows and the front doors with plywood but had missed the back door with plywood and we were going to be required to get a demo permit to remove some of the framing structure. We are currently
in the in the final phase hopefully. We're in final review right now with the town for our development order. so that we can rebuild the structure. The concrete under structure is secure and sound. Um, some of the
framing has to be removed. After I left here, we initiated with the contractor to apply for a demo permit. That permit was applied for uh around the 22nd of August. We were here on the 11th. That was applied about at the 22nd of August.
We've been in that review process such that we obtained the fire permit um late September. I think it was the 25th or give or take a day from that standpoint at which the contractor went to pick up the permit so that we could do the work
that is being required right here. um as he went down to the town to pick it up, they said that his general liability and his um workers comp was not on file, which was submitted with the demo permit
back in August. So, that was resubmitted yesterday. So, we are attempting to comply with the order, but one of our biggest roadblocks is the town itself. We also planned on putting a fence
around the permit. The property owner was going to fence the exterior of the permit and he did something that apparently is very rare in the town is he applied for a fence permit for the construction fencing. Now he did apply for it as an owner builder which is not
allowed in commercial and that is being now retroed and brought into the demo permit so that we can fix it. So, your honor, we're asking that we are diligently working at trying to get this abated.
Thank you. Thank you. Um, when did you said you applied for a permit for the construction fencing? When was that? I don't know exactly, but it was late August, early September. I mean, when I was here on August 11th, I knew the
order was September for the compliance and we were trying to comply by then and we've just been unable to do it due to permitting issues and and and just getting to it. Okay. Thank you. Do you have a reply?
Uh, in regards to the fence permit, your honor, I believe there is an email that has specific dates as to when the permit was applied for and why it was denied. Do you know why it was denied? Oh, be what he was what he stated. Yes, ma'am.
Do you know if that was resubmitted? I'm I'm verifying that right now, your honor. The email back from Chanette Thomas to the property owner was September 9th that you can't pull it because of an owner builder can't pull a commercial
permit. I still I still find it interesting that there's many, many, many construction fences on the island with no permit. Okay. Um, so respondent stated that that they
secured part of the building. I guess there were a couple windows and a door. Do you agree with that? I I agree with the fact that there's been uh on the first floor uh windows uh have been boarded up and then there is a door at the top of the stair, the stairs in
the rear of the property that was actually boarded up as well. But we still have a completely exposed uh left side of the rear building that um is causing a concern for safety.
And from the beginning, we've been the town has been has had the understanding that they are replanning to do a partial demo and rebuild the structure. Uh we're not trying to prevent them from doing that. We're trying to secure the
building to pre to prevent to to get rid of the safety concern to the general public. As a court officer, you know, I'm responsible, you know, to ensure that the the safety of the visitors of the town, the residents of the town, and the town itself, and even the property
owner should something transpire on their property, you know, something could happen related to the property owner. So this is the object here is to get the property secured while they continue to make plans to either partially demo re repair
or rebuild. Okay. Um what is the status of the permitting? Have they submitted like are we leaning on respondent for permitting or is that under review? There was a partial demo permit applied
for 9 on 94. There was an email sent to the contractor. Uh, their workman's comp and liability needs to be updated. It's been expired since 2019 2020. And respondent stated that that was submitted yesterday. Do you have
confirmation of that? I have a text message from the contractor. I do not have confirmation from the town. I'm very I'm checking right now, your honor, with the town. Okay. While you do that, um, I mean,
it is a safety concern. Um, and I do see that there's parts of the building here that are open aside from I mean, you said you boarded up a couple of the windows, but what is your plan with regard to that side of the building? Is that where the fence is
supposed to go? I mean around that just the fence is going to go around the entire property because what we're trying to do is we're trying to get our development order issued so that we can start doing the site work for the final rebuild.
Yeah. Okay. Did you have Y? I just want to add we we've been in correspondence with the respondents with the respondent since May of 2025 and I believe we've given them ample time uh
to secure the property while they make additional plans to renovate the property. Uh as I mentioned before the the message from the town has been consistent starting with officer Bat who originally started the case and was working with the respondent. Um, and the
message has been that the property needs to be secured because it is a safety hazard to the general public and that has not been achieved to date. Okay. I will also add uh from the onset of this they were also recommended to
contact permitting from the start. So, if they would have taken action back in May and contacted permitting, they would have known what type of permit was required in regards to securing the property with construction fencing. All right. Um,
is a permit required for a like a temporary barrier? Do you know? um like construction fencing like the orange plasticky stuff. They will need to contact permitting on that ma'am. I'm not 100% just wondering. Okay. Um
I am going to I will find that they are in violation of the order that was entered on August 11th. Um there will be an imposition of the $250
administrative fee which is what is I I believe requested. And then as for the daily fine um let me take this under advisement and review the documents so that I can make
a fair decision for that. But I will impose a fine whether that's a daily fine or a onetime fine. Um, I'll put in the order, but this is like an pretty urgent matter if it is a safety concern
and I do want to get it taken care of as soon as possible. Okay? We we agree that it should be taken care of as soon as possible. Okay? And we will do that as soon as the demo permit is issued. Okay? So, my final ruling, I'm taking
this under advisement to decide my final ruling because I want to read these documents that were submitted in greater detail and I don't want to make everyone sit here and watch me read. So, your honor, may I add one thing? Um, the town just said that there was no submitt
of insurance or anything from the contractor in regards to the uh partial demo permit. Okay. I do have 15 days. I do not anticipate it'll take me 15 days to issue an order, but I will impose the administrative fee. Um, and I am finding
a violation to come into compliance with this order, and there will be a fine imposed, but I I'll look for any sort of mitigating circumstances here in determination of the amount of that fine. So, I'll take that issue under advisement and issue an order
accordingly. Okay. Yes, ma'am. That Thank you, ma'am. Anything else? either one of you want to add. I'm not at this time. Just one comment, your honor. When you review the entire case, you can see that the property owner has been working at
this property for a very long time through the variance process, through the developmental process, through the demo process with significant um funds to do all the things that needed to be done. So
maybe slower than the town wants, but diligence has always been there. Okay. Okay. Thank you. Thank you. All right. You give me a minute before I call the next case. I just want to take some notes. Okay.
Okay, thank you. All right. The next case is 20241183 Kata Dan 4 LLC. Property address 5530 Palmeta Street.
Do we have a respondent for this one? No. Okay. The town, you may proceed on that one when you're ready. Officer Hoffman, your honor. Okay. Right. You may proceed.
Good morning, your honor. My name is Officer T. Hoffman, code enforcement officer with the town of Fort Myers Beach. I've worked for the town since May 13th, 2024. Before I began my service for the town as a neighborhood community service ranger before becoming a court officer, I've been sworn in.
We'll be providing status update for case 20241183. Subject property is located at 5530 Palmetto Street, Fort Myers Beach, Florida 33931. Reinsspection of the property located at 5530 Palmetto Street on 106 2025
revealed that all violations pertaining to the property have been abaded. The subject property is currently in compliance due to the actions taken to secure the property and maintain the overgrowth of grass and or weeds to under 12 in in height. Kadan LLC the respondent was ordered to bring the
property into full compliance within two weeks of the original hearing date which was held on 811 2025. The two week compliance date was August 25th 2025. I would like to submit into evidence an affidavit of non-compliance and photos dated 92 2025 showing that the property
was not in full compliance by the August 25th, 2025 date that was set forth by the special magistrate. Please accept this in the record. Believe it's exhibit B. Okay. Um, exhibit B dated 925,
right? Affidavit of compliance. Okay. being that there's no there's no respondent here. Um, all right. So, exhibit B will be admitted. Thank you, your honor. I would also like to submit into evidence an affidavit of compliance and
photos dated 106 2025 showing that the property is currently in full compliance at this time. Please accept this into record. Exhibit C. Okay. Exhibit C is admitted. Thank you, your honor. I would also like to add that on 9:25 2025 when on
property to post the notice of hearing I did observe that work had been done to secure the structure on property. A full inspection was not completed on that date as I was not notified by the respondent that the work had been completed. I would like to enter a photo from 9:25 2025 into record
as evidence to support this statement. Please accept this into record. Exhibit D. Okay. Exhibit D is admitted. Thank you, your honor. The tom would like to ask for a finding to impose the administrative fee of $250
to cover the cost of bringing this matter before the special magistrate. The town would like to ask that the $125 day per fine be imposed from the order of compliance date of 825 2025 through 9:25 2025.
Thank you your honor. Thank you. Um you verify compliance. You said 9:25. Yes, ma'am. Okay. Okay. Um I find based on the evidence that the
respondent did not comply with the order by bringing the property into compliance by the date stated which was August 25th, 2025. Um I further find that they have since
brought the property into compliance. Is that correct? Is it full compliance with everything that was issued in the violation? Yes, your honor. They the the property was in disrepair. they needed to secure the property which they did communicate with the town and did do what they said they were going to do and they have
maintained the property maintenance in regards to the overgrowth consistently since um the violation was issued. Okay. So compliance was verified 92525 correct?
Yes. Okay. So, I will impose the fine as issued in the order of under $25 per day from August 26, 2025, beginning that day, which is the day after the deadline
through 92425, which is the day before the inspection. Thank you, Anna. And then the 250 administrative fee. Is there Well, and then I'll issue an order that they have since come into compliance. Is there anything else to address?
No, your honor and not at this time. Okay. Okay, then that's it for that one. Thank you. Thank you. Okay. Um that brings us then that's it for the status up the status conferences. Is that correct? So that
brings us to the violation cases. The first one being uh we have Mario I'm sorry Lopez Mario A Pinto and Triel Anna property address 810
Lagoon Road. Um that would be case number 2025 0560. Do we have a responder for that? No. Okay. Um down you may proceed. Terry W. Good morning. Good morning.
My name is Terry W, code compliance officer for the town of Fort Myers Beach. I've been here for a year and a half and 23 years prior code enforcement in another jurisdiction. I've been sworn in and will provide testimony and documentation for case number 202560.
The documentation is attached to the agendas as exhibits and we ask that all documents be accepted into evidence. All the documents that were uh submitted will be accepted into evidence. Um and that's exhibits A through D. Is that
correct? Yes, ma'am. Okay. A through D are admitted. The subject property is located at 81000 Lagoon Road, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of hearing
and photos of the violations sent on September 5th, 2025. Affidavit of notice and posting copy of certified mail. The green card for the certified mail has not been returned. But also in exhibit A is photos of the
hearing posted on September 5th, 2025 on site and at town hall. The documentation that the respondents Mario Lopez and Anna Tritel own the real property at this subject.
Excuse me. um is included in exhibit A as copies of the Lee County tax property appraisers and tax collector printout showing that um these people are the owners of the property. True and
accurate and unaltered copies have been marked as exhibit A and accepted into the record. June 18th, 2025. Code enforcement officer Terry W obser observe Mario Lopez and Anna Tritel in violation of
the town of Fort Myers Beach Code sections 26-45 and 6-441 permits required. Work was done without permits, including but not limited to building a structure in the backyard of the said property. True, inaccurate, and
unaltered copies of the photos taken on the first date of the inspection, June 18th, 2025. Notice of violation that was sent certified mail on June 21st, 2025. Affidavit of notice of posting and a copy of the certified mail receipt,
which is signed RT 2037. I'm not sure if that's actually by the property owner or something that the post office put there. Um, but there also photos of the notice of violation posted on site and on town hall on June 24th, 2025. They have all been marked as exhibit E and
accepted into the record. I don't have an exhibit E. Okay, thank you. B. Yeah, I said B. Sorry. Be like boy. Sorry, but you'll be getting E in a minute. Um, I performed a reinspection of the
subject property on September 4th, 2025, and the subject was still in violation of the town of Fort Myers Beach code of ordinances, and no permits for the structure had been applied for. An affidavit of non-compliance and photos of the exhibit
of the inspection are marked as exhibit C like Charlie and accepted into the record. Town of Fort Myers Beach Code sections 26-45 and 6-441. Permits required are marked as exhibit D
and accepted into the record. Excuse me. Marcia Mar, I keep saying Marcio. Sorry. Marco Lopez and Anna Tritel were given 30 days to come into compliance with the town of Fort Myers Beach ordinances which was on
or before July 22nd, 2025. As a result, the subject properties failure to bring the to bring the property into full compliance with the town of town sections provided in exhibit D. And based on my sworn testimony and evidence
that has been presented to you, including exhibits within the agenda packet on behalf of the town of Fort Myers Beach, I ask that an order be issued. The town completed another inspection on October 4th, 2025 and found that the
subject property was still in non-compliance. However, permits for the structure were applied for on September 30th, 2025, but they're in awaiting on required document status. Um, please exe exhibit
E um of the affidavit of non-compliance and photos that I took on that specific date. Right now, the town would like to ask that it administrate a fee of $250 um to cover bringing this case to the
special magistrate. Um but give the property owner 10 days by complying to comply by submitting the required documents for the paperwork so that we can issue the permit. If these violations are not corrected, the town would like to ask for $250 day be
imposed until the violations are abated. But at this point, the property owners have at least tried to apply for the permit required. They're just missing some documentations. When did you say the permit was applied for? Um that when
Yes. Um give me a second. Sorry, you said it, but it was September. Uh I think I did. September 30th. Thank you. Yes. September 30th. You said that it's missing some documents that have been requested of
the respondent. The permit application. Could you say that again? Sorry. Did you say that the permit application was missing some documents that have been requested of the respondent and that's what you're working on? Okay. Yes, ma'am. All right. All right. Is is there anything else?
No, that should do it. Unless you have further questions. No. Um All right. I'll issue an order finding that they were in violation of well, they didn't bring the property into compliance within the time initially given administrative fee of $250.
Um I will give them I'll give them two weeks from the date of so let's say the 21st um to provide whatever documentations have been requested of them
and then we can have a status of compliance for I'm sorry I'm excuse me we can have a status conference to determine compliance Okay. Um, at the next hearing, if they've not provided whatever
documentation is needed for the permit by the 21st, then a fine will be acred at that time. Um, I think that's it. Is there anything else to address? I don't believe so. Thank you. Okay. Thank you.
What was that? Okay. The next uh hearing of the next case is 2025 0674 property owner Ecman Douglas H and Sees Ecman Courtney property address 120
Sable Drive. Do we have a respondent? Okay. No. All right. May proceed. Okay. The town may proceed. Okay. Um good morning your honor. My name is Marshall Chavez. I have been a code code compliance officer for the
town of Formar's 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 20250674. The documentation is attached to as to the agenda as exhibits and we ask that
all documents be accepted as evidence. The subject property is located at 120 Sable Drive, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of hearing sent on July 8, 2025. Affidate of notice
of hearing and posting proof of certified and regular mail and photos of the NO posted on site and town hall on on S on July 24th, 2025. I'm sorry, July 8th, 2025. the documentation that the
respondent Ecman Douglas H and sees Ecman Courtney owns the property owns a real property that is a subject of this code enforcement case. Included in exhibit A is a copy of the Lee County property appraiser that demonstrates that that notice was provided to the
property owner and an affidavit of non-compliance with photos completed by by employee officer Chavez. True and unaltered copies have been marked as exhibit A. On July 2nd, 2025, Court Officer Mar Travis observed Ecman Douglas H and sees
Ecman Courtney in violation of the town of For Myers Beach Court ordinances section 6-2 weeds. Accurate and unaltered copies of photos taken on the date of the first inspection, July 2nd. The notice did I say the notice of
violation and photos sent certified mail to the property owner in a first class mail. The NOV was posted on site and a town hall on July 2nd. All have been marked as exhibit B. Officer Travis performed a reinspection on August 21st,
2025 and the subject property was still in violation of the town of Formyers Beach ordinance. An affidavit on our compliance and photos of the in of the inspection are marked as exhibit C. A copy of section 6-2 weeds have been accepted as as exhibit D.
Aman Douglas H and sees Ecman Courtourtney were given 10 30 days to bring the violation into compliance with Tonop Mars Beach which was on or before August 2nd, 2025. A site inspection was completed again on
September 20th, 2025 and the subject property is in compliance. An affidavit of compliance and photos of the inspection accurate and on to copies of the inspection and affidavit of not compliance have have been marked as exhibit E and
sent into the record. Sorry. Is that E? Okay. I'm going to take this time to admit exhibits A through D. Say it again. I'm sorry. So, are you submitting E? Okay. I said I'll take this time I got to look at E,
but I've looked at A through D and I will admit it. I haven't admitted it yet. So, I'll admit A through D and I'll take a look at E now. Okay. Is that it? Is that you're submitting this to be admitted, correct? Yes, your honor. Okay. Give me a sec. Okay, you proceed. All
right. as a result of the subject property owner's ability to bring the subject into full compliance with a town code section 6-2 weeds. Based on my sworn testimony and evidence that has been presented to you, including the exhibits with the agenda packet, the town of Fort Myers Beach would like to
ask that on the Florida statute chapter 6162 and town of Fort Myers Beach Land Development Code section 2-427B impose an an admin fee of $250 to cover the cost of bringing this matter before magistrate.
Thank you. Okay. Thank you. Let's go down. Okay. Thank you. Um I'd like to add one thing. I'm sorry. On the academic compliance, it says um
September 2nd. It's It's July 2nd, right? It was an error on my part. Okay. Yep. I got it. Okay. So, um you're you performed an inspection in August
and it the property had not been brought into compliance, but then again in September and it had been. Is that correct? Correct. Okay. So, I'll issue an order stating that the property was in violation and they the respondent did not bring um the
property into compliance within the time given in the notice. However, the property owner has since brought the property into compliance. I will not impose a fine, but I will impose a $250 administrative fee for failure to bring
the property into compliance within the time initially given um to cover the cost of having to bring the case before the magistrate. Thank you. Thank you. All right, just give me one second before we go to the next one. Okay. No
problem. Okay. The next case is case number 20250681. Property owner uh Roa Hefer Sean M. Property address I'm sorry. Is that Oh, property address 130
Sable Drive. Do we have a respondent? No. Nope. Okay. All right. You may proceed. Good morning, your honor. My name is Marshall Chavez. I have been a code compliance officer for the town of For Myers 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 two, 2025681. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted as evidence. Exhibits A through D will be admitted.
I've reviewed those. The subject property is located at 130 Sable Drive for Myers Beach, Florida 33931. Exhibit A contains a notice of hearing sent on July 24th, 2025. affidavit of
notice of hearing and posting proof of certifying regular mail and photos of the NO posted on site and town hall on July 24th, 2025. The documentation that the respondent
roer Shan M owns 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 that demonstrates that notice was provided to the property owner and an affidavit on that compliance with photos completed by
offic by employee officer Travis. True and unaltered copies have been marked as exhibit A. On July 2nd, 2025, code officer Marshall Travis observed Ro Heer Sha M
in violation of the town of former beach of ordinance section 6-2 weeds accurate and honored copies of photos taken on the date of the first inspection July 2nd, 2025. the notice of violation and photos sent certified mail
to the property owner and first class mail. The NOV was posted on site in a town hall on July 2nd and and second all have been marked as exhibit B. Officer Travis performed a reinspection
on August 21st, 2025 and the subject property was still in violation of the town of Formyers Beach ordinance. An affidavit on non-compliance and photos of the inspection are marked as exhibit C. A copy of section 6-2 weeds have been
accepted as exhibit D. Roer Shan M was was given 30 days to bring the violation into compliance with the town of Myers Beach ordinance which was on or before August 2nd, 2025. A site inspection was completed again
on August 3rd, I mean, I'm sorry, on October 3rd, 2025, and the subject property is in compliance. An affidavit of compliance and photos of the inspection accurate and altered photos of the inspection an affidavit to the record.
Did you say exhibit E? Yes. Okay. Let me take a look at that first. Okay. Exhibit E is admitted. You may proceed. as a result of the subject property owner's ability to bring the subject into full compliance
with the town code section 6-2 weeds based on my testimony on my own testimony and evidence that has been presented to you including exhibits within the agenda packet the town of Fort Myers Beach would like to ask that on the Florida statutes chapter 162 and town of Fort Myers Beach land
development code sections 2-427B cause an admin fee of $250 to cover the cost of bringing this matter before for the magistrate. Thank you. Okay. Thank you. All right. Um I find that the respondent
was in violation of the code section as mentioned in the notice of violation. Uh respondent did not bring the property into compliance uh within the time that was given in the notice. However, I also find that the respondent
is now in compliance. So, I will issue an order accordingly that there was a violation. It is now no longer a violation. I will impose no fine. I will impose the administrative fee of $250 for having to bring this case before the magistrate um for not having brought the violation
into compliance within the time given. Is there anything else that I need to address? That's all. Thank you. Okay. Thank you. All right. Um, the next case that I have is 2025 0341.
Property owner Drees Lawrence T. Jr., which is looks like trustee for Dre Family Trust. Property address 5850 Eststerero Boulevard. Do we have a respondent? No. No. Okay. Um, all right. The town may proceed.
Good morning, your honor. My name is Marshall Chavez. I have been a court compliance officer for the town of Fort Myers 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 2025 0341.
Documentation is attached is attached to the agenda as exhibits and we ask that all documents be accepted as evidence. I have reviewed I have reviewed uh exhibits A through D and they will be emitted. The subject property is located at 5850
Esta Boulevard Fort Myers Beach, Florida 33931. Exhibit A contains a notice of hearing sent on September 9th, 2025. An affidavit of notice of hearing and posting proof of certified and regular mail and photos of the NO posted on site
and town hall on September 9th, 2025. the documentation that the respondent uh Deves Lawrence T JRT for Dest Family Trust owns a real property that is the subject of this code
enforcement case. Included in exhibit A is a copy of the Lee County Property Appraiser that demonstrates that notice was provided to the property owner and an affidavit of non-compliance with photos completed by employee officer Chavez. True and unaltered copies have
been marked as exhibit A. On April 10th, 2025, the code officer Marshall Travis observed Jerz Lawrence TJRT for Derz Family Trust in violation of the town of Fort Myers Beach Court
ordinance of chapter 6-1 section 33.1 swimming pools and section 34-1176 C1 in ground swimming pools. accurate and unaltered copies of photos taken on on the day of the first inspection April
10, 2025. The notice of violation and photos sent certified mail to the property owner and first class mail. The NOV was posted on site in a town hall on April 10th. All have been marked as exhibit B.
Officer Travis performed a reinspection on April 29th, 2025, and the subject property was still in violation of the town of Fort Myers Beach ordinances. An affidavit on the compliance and photos of the inspection are marked at exhibit C. A copy of section 6-1, section 303.1
swimming pools, and section 34-1176 C1 in ground swimming pools have been accepted as exhibit D. Drebz Lawrence T JR for Drez family trust was given 10 days to bring the violations into compliance with the town
of Formy Beach ornance which was on or before April 20th, 2025. A site inspection was completed again on October 3rd and the subject property was still not in compliance. An affidavit of non-compliance and photo of the
inspection accurate and alter photos of the inspection of an affidavit of non-compliance has been marked as exhibit E and accepted into the record. Um, okay. Exhibit E will be admitted. Thank you.
Yes. Thank you. You may proceed. As a result of the subject properties owner's ability not to bring the subject into property into full compliance with the time of with the time code chapter 6-1 sections section 303.1 swimming pools and section
334 section 34-1176 C1 in ground swimming pools based on my sworn testimony and evidence that has been presented to you including the exhibits within the agenda packet the town of Fort Myers Beach would like to ask that under the Florida statues
chapter 162 and title 4 Myers Beach Land Development Code section 2-427B imposes an admin fee of $250 to cover the cost of bringing this matter before magistrate. Thank you. Thank you. Um
are you stating that this this enclosure here is not sufficient? No, it's not. If um it's it's missing a big gap. Okay. Is wide open. Anybody can still But I'm saying still in the last inspection. Uh, yes, your honor. Okay.
All right. Sorry. Is there anything else? That is all. I'll issue an order. Um, finding respondent in violation of the mentioned code sections. I will give them two weeks from today to
come into compliance. Uh thereafter all impose a daily fine and we'll have a status hearing at the next one. And you said it was November four. Okay. We'll set a status hearing November 4th. A fine will begin to acrue
as of the two weeks from now. Um was that the 21st? So if they don't come into compliance on the 21st, the fine will begin to acrue of October. Correct. Correct. 21st. Okay. And then there'll be a $250
administrative uh fee as well. Okay. Is there anything else? That's all. Thank you. Okay. Thank you. And just give me a second before we go on to the next one. Okay. Sorry. The next case is case number 20250675.
Property owner MSB Holding Trust Court. Property address 140 Flamingo Street. Officer Hoffman, your honor. Good morning. Okay. Um, is there a respondent for this? No. Okay. Um, the town, you may proceed.
Good morning, your honor. My name is Officer Hoffman. I'm a code enforcement officer for 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 documentation for case number 20250675. The documentation is attached to the
agenda as exhibits and we ask that all documents A through D be accepted into the record. I've reviewed A through D and A through D will be admitted. Thank you, your honor. The subject property is located at 140 Flamingo
Street, Fort Myers, Florida 33931. Uh, exhibit A contains the notice of hearing set on September 9th, 2025. Affidavit of notice and posting, copy of the certified mail receipts, and photos of hearing posted on September 10th, 2025 on site. Notice of hearing was
posted to town hall on September 10th, 2025. The documentation that the respondents MSV Holdings Trust Corporation own the real property that is subject of this code enforcement case in included in exhibit A is a copy of the Lee County property appraiser, a
copy of the property tax statement from Lee County Tax Collector and registered agent name and address from Sunbiz Division of Corporations. These records demonstrate that notice was provided to the property owner. Exhibit B contains a notice of violation
sent on 72 2025. On June 28th, 2025, code enforcement officer T. Hoffen observe MSV Holdings Trust Corporation in violation of the town of Fort Myers Beach Code of Ordinance. Section 6-2 Amendment Weeds and LDC. Section 6-1,
adoption of International Property Maintenance Code 308.1, accumulation of rubbish or garbage for the overgrowth of grass and or weeds exceeding 12 ines in height throughout the property and failure to keep the exterior of the property free of rubbish and or debris. An example, but not
limited to brick pile, yard debris, and other malis miscellaneous items throughout the property. True, accurate, and un altered copies of the pictures taken on the date of first site inspection June 28th, 2025. The notice of violation was sent certified mail on
July 2nd, 2025. Affidavit of notice of violation and posting, copy of certified mail receipt, copy of return certified mail, and photos of the notice of violation posting on site on July 8th, 2025 and at town hall.
Exhibit Z contains an affidavit of non-compliance and photos. I performed a reinspection of the subject property on September 9th, 2025, and the subject property was still in violation of the town of Fort Myers Beach ordinance ordinances as provided and explained in exhibit B. In preparation for the
affidavit of non-compliance, I performed a reinspection of the property on September 9th, 2025, and the violations continue. The initial notice of violation was issued on July 2nd, 2025 with a 30-day compliance period. To the best of my knowledge to date, no efforts
on the part of the respondents MSV Holdings Trust Corporation having made to contact the town the town's code enforcement department to discuss the initial violation and no attempts to correct the violation were visible on property per my last inspection on October 6, 2025. The town asked that you
take this into consideration and make your ruling on this case. Exhibit D contains the town of Fort Myers Beach codes and sections that are in violation. Uh MSV Holdings Trust Corporation was given 30 days to come into compliance with the Town of Fort Myers Beach
ordinances which was honored before August 2nd, 2025. Exhibit D. The final affidavit of non-compliance site inspection was completed on October 6, 2025 and the subject property was still in violation.
Your honor, please accept this into record this affidavit of non-compliance and photos of the inspection exhibit E. Exod will be admitted. Thank you, honor. As a result of the subject property's owner failure to bring the subject
property into compliance with the town court 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 before the special magistrate. Considering the time that has already been extended to come into compliance, the town would like to ask for a $100 a day fine be imposed until violations are abaded. Okay. Um,
is it just the over I've seen these photographs from 106. Um, just the overgrowth or is there garbage? There's uh it there's overgrowth and there is uh rubbish or debris throughout the property. It's hard to see due to
the overgrowth and there is a um a pile of uh bricks that are just randomly in the middle of the property. Okay. Okay. So, I will uh issue an order 10 days is the 17th that if they do not
come into compliance by the 17th, we'll have um a daily fine imposed thereafter. Um, and the $250 fee was the requested daily fine $100 a day automatic imposition.
Yes, your honor. I'm in agreement with that. Um, it will be automatically imposed after the 10 days. uh and we can have a status conference to issue an order to impose lean if it's not been
complied with by that date. So that's the 17th. Is that right? Is 10 days. Yep. So they'll have until the 17th to mow um and clear and clear it up and then we'll do 114 is the next is the next hearing date. So we'll do
the status of compliance and we uh we'll see what happens then. Okay. Thank you, honor. Thank you. All right. Um I believe that concludes. Yep. There are no more cases. Okay. Is there anything else to address? No. All right. Good. Then I suppose we are then
adjourned.