Right. I call this hearing to order. Can you hear me? Okay. >> Yes. Okay. Call this hearing to order. >> All right. Uh, as a reminder, if everyone can please turn off your cell phones or put them on silence so as to
not disturb today's hearings. My name is Monica Schmucker. I'm the appointed special magistrate to hear today's code enforcement proceedings as provided for in chapter 2 article 5 of the Fort Myers Beach Land Development Code and Florida statutes chapter 162. Uh the first item
we have on the agenda is the approval of the minutes uh from October 7th and I've reviewed them and I will be signing them. So they are approved without any revisions.
Okay. Next we'll hear the items on the agenda starting with the violation cases. Uh we will hear them in the order that they appear unless we need to make any changes at this time. >> Yes, I have some housekeeping issues. >> Okay.
>> I'm code compliance manager Michael J. Howerman. Um we have some um housekeeping on the agenda. Item number B, 2025 10:30 156 Hibiscus Drive is in compliance and will not be heard today.
Agenda item E, 2025 08584963 E or Stero Boulevard is in compliance and will not be heard today. Agenda item F, case 2025 0814 8000 Lagoon Road is in compliance and
will not be heard today. Agenda item G 20 uh case 2025 0899 address 225 Fair Weather Lane is in compliance and will not be heard today. Agenda item H, case 2025 0793,
address 360, seminal way, is in compliance, will not be heard today. And agenda item J, case number 20250813, address 5455, Aendina Pescador is in compliance, will not be heard today. The rest of the agenda remains as listed.
>> Okay. Thank you. I've noted those changes. All right. Thank you. Okay. Um, as for the remainder, we will be hearing the violation cases first. As a reminder, these are quasi judicial hearings, which means they're similar to cases in court,
but the rules are less formal. Formal rules of evidence do not apply, but fundamental due process will apply and will govern these proceedings. I'll listen to the facts and evidence before me and apply them to the applicable law. In all cases, the town has the burden of proof and will present its case first,
and then the respondent will 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 opportunities to do so. At the conclusion of each case or within 15 days, I'll issue an order with findings of fact, conclusions of law, and
affording the proper relief consistent with Florida law. At this time, I will ask anybody who will be providing testimony to please stand up and raise your right hand for the taking of the oath. Do you swear or affirm that the testimony you are about to provide is
the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. Thank you. At this time, we will call the town can call the first case I have on the agenda as FMB case number 20251033.
Property address 150 Hibiscus Drive. [Music] >> Good morning. >> My name is Officer Hoffman officer. Fort since May, sorry about that. Since May 13, 2024, I've been sworn in and will be
providing testimony and documentation for case number 20251033. Documentation is attached to the agenda as exhibits, and we ask that all documents be accepted into evidence. >> I have exhibits A and B um that have
been submitted and posted online and they've been reviewed. Um, do you have any others for a sec? >> I do have exhibit C to submit. >> Okay. And we'll look look at those in a minute. Thank you. Um, is there anybody here? Is there a respondent here on this one on this matter?
>> No. Okay. Seeing that there's no respondent, no objection. Uh, exhibits A and B will be admitted. >> Thank you, your honor. >> Okay. Okay. Exhibit A contains a notice of violation, notice of hearing sent on October 1st, 2025, affidavit of notice
and posting, copy of certified mail receipt, and photos and photos of notice of violation, notice of hearing posted on October 1st, 2025 on site. Notice of documentation that represents the respondents, Gerald
Robert L. third and Gerald Robin D own the real property that is the subject of this code case. Included in exhibit A is a copy of the Lee County Property Appraiser, a copy of the property tax statement from Lee County Collector. These records demonstrate that notice was provided to the property owner.
Exhibit B contains photos from the initial property inspection on September 29th, 2025, showing the violation. On September 29th, 2025, uh, Officer Hoffen observed Gerald Robert L. the third and Gerald Robin D 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 Robertson garbage for the overgrowth of grass and or weeds exceeding 12 in in height throughout the
property and failure to keep the exterior of the property free of rubbish and or debris an example but not limit limited to orange pieces of construction fencing and other miscellaneous items throughout the property. Exhibit C. Exhibit C contains two affidavit of
non-compliance and photos. I performed a reinspection of the subject property on October 29th, 2025 and on November 3rd, 2025 and the subject property was still in violation during both reinspections of the town of Fort Myers Beach Court ordinance as provided in exhibit B. The
initial notice of violation, notice of hearing was issued on September 30th, 2025 with the 30-day compliance period. To the best of my knowledge, no efforts on the part of the respondent, Gerald Robert L. III and Gerald Robin D have been made to contact the town code
enforcement department to discuss the initial violations and no attempts to correct violations have been made. Please accept this in the record. >> I've reviewed exhibit C and it will be admitted. Thank you. Thank you, your honor. As a result of the property owner's failure to bring
the property into full compliance with town code requirements, and based on my sworn testimony and evidence that has been presented to you, including the exhibits within the agenda packet on behalf of the town of Fort Myers Beach, I ask that an order be issued. The Tom would like to ask for a finding of violation and to impose an
administrative fee of $250 to cover the cost of bringing this before the special magistrate. The Tom would also like to ask that a $100 a day fine be imposed until all violations are abated. >> Is that all? >> Yes, ma'am. That's all. Um once again,
calling, is there a respondent on this? Anybody who's come in? Okay. I find that there's sufficient evidence to find a violation of the code. Um, I will allow
two weeks to come into compliance and I will issue an order accordingly. There'll be a $250 administrative fee. And if the property does not come into compliance within those two weeks, um, then a fine will be imposed, a daily fine will be
imposed in the amount of $100 per day as requested. >> Thank you, Aron. Okay. You're welcome. Before you go, there's no proposed order on this, right? >> Okay, no problem. Okay. Um, I'll issue
an order then with after the hearing. All right. So, the next case that we have on the agenda, uh, item C, which is FMB, case number 20251032, property address 161 Hibiscus Drive.
Do we have a respondent here? Okay. Right. Will the town please present its case? Good morning, your honor. My name is Officer Hoffman. I'm a code enforcement officer 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 2025 1032. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. >> I have exhibits A and B that were
attached to the agenda and I've reviewed those. Um, and seeing that there's no respondent here and no objection, I will admit exhibits A and B. Thank you, your honor. >> Thank you. >> The subject property is located at 161 Hibiscus Drive, Fort Myers Beach, Florida 33931.
Exhibit A contains the notice of violation notice of hearing sent on October 1st, 2025. Affidavit of notice and posting copy of certified mail receipts and photos of of notice of violation notice of hearing posted on October 1st, 2025 on site. Notice of violation, notice of hearing posted to
town hall on October 1st, 2025. The documentation that represents respondents hall peggy craft le e own the rail property that is subject of this code enforcement case 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. These records demonstrate that notice was provided to the property owner. Exhibit B contains photos from the initial property inspection on September 29th, 2025 showing the violation. On September 29th, 2025, Officer Hoffman
observed hauled Peggy Craft LE in violation of town of Fort Myers Beach Code of Ordinance Section 6-2 Amendment Weeds section 34-1176 C, 1 in ground swimming pools and chapter 6-1 section 303.1
swimming swimming pools for the overgrowth of grass and or weeds exceeding 12 ines in height throughout the property and for the pool on property not being properly scared with proper fencing and obtaining stagnant water causing a safety concern to the general public.
Exhibit C, which I would like to admit Exhibit C contains two affidavit of non-compliance and photos. I performed a reinspection of the property on October 29th, 2025 and on November 3rd, 2025. The subject property was still in violation of the town of Fort Myers Beach Ordinance section 34-1176
C1 and ground swimming pools in chapter 6-1 section 303.1 swimming pools for the pool on property not being probably secured with proper fencing and containing stagnant water causing a safety concern to the general public. The respondent is no longer in violation
of section 6-2 amendment weeds as this violation has been abated. The initial notice of violation notice of hearing was issued on September 30th, 2025 with a 30-day compliance period. The respondent hall PGCraftle has taken significant measures to come into
compliance. The grass inner weeds has been mowed and trimmed. The orange temporary construction fencing around the pool has been repaired and reinstalled. The property is still in violation due to the fencing being used to secure the pool as it is temporary fencing and no and the pool also still
contains stagnant water and remains a safety concern to the general public. In the initial notice of violation notice of hearing it states install proper fencing to secure the pro the pool on property temporary temporary orange construction fencing will no longer satisfy the requirement for properly
securing a pool on property. This portion of the notice of violation notice of hearing has been included in exhibit C and highlighted for ease of reference. Please accept this into reference record. Sorry. >> Exhibit C is admitted. >> Thank you, your honor.
As a result of the subject property owner's current efforts to bring the subject property into full compliance, the town with town core requirements and based on my sworn testimony and evidence that has been presented to you included including the exhibits within the agenda packet on behalf of the town of Fort
Myers Beach, I ask that an order be issued. The Tom would like to ask for a finding a violation in reference to section 34-1176 C1 in ground swimming pools and chapter 6-1 section 303.1 swimming pools. We are not seeking a violation for section 6-2 amendment
weeds as this violation was abaded. The town is seeking an administrative fee of 250 to cover the cost of bringing this before the special magistrate. Currently at this time, we are not seeking any additional daily fines and would ask to extend the respondent an additional 30 days to bring the property into full
compliance. Should the property not be in full compliance within the next 30 days, the town will be seeking daily fines of $250 until the property is in full compliance. >> Okay. Thank you. Is that all? >> Yes, ma'am. >> Okay. Um
I'm just I'm going to ask this, but if you don't, that's fine. But you don't have a proposed order with which you're seeking. I assume. >> I'm sorry. >> You don't have a proposed order with what you're seeking? >> No, ma'am. >> Okay. So, I'll enter an order um finding
a violation of the the code section in relation to the pool and I will allow 30 days to come into compliance. Um I'll impose the 250 administrative fee. I will hold off on any daily fine and we can have a status
conference set for the next hearing. >> Thank you, Aron. Thank you. All right. Um the next matter on the agenda is FM is item D. FMB case 20251034.
Is that right? Is that where we are? D. Okay. Property address 167 H Highus Drive. >> Good morning, your honor. >> Good morning. >> My name is Officer Hoffman. I'm a code enforcement officer with the town of Fort Myers Beach. I've worked for the
town since May 13th, 2024. have been sworn in and will be providing testimony and documentation for case number 20251034. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. >> I have exhibit A
um only and that's attached to the agenda. Is there a respondent here for this matter? >> No. Okay. Um I've reviewed exhibit A and that will be admitted into the record. >> Okay. I'd like to enter exhibit B into
the record. Thank you. Exhibit B contains an affidavit of non-compliance and photos. I performed a reinsspection of the subject property on October 29th. Subject shop, excuse me, the subject property was still in violation of the town of Fort Myers Beach Ordinance section 6-41.
Permits required for the demolition, construction, and or repair of a structure and disrepair without obtaining required permits, including but not limited to siding, windows, roofing, interior remodel, and full or partial demolition defined in section 6-441 of the FMB code of ordinance. The
respondent is no longer in violation of LDC section 6-1 adoption of international property maintenance code 308.1 accumulation of rubbish or garbage as this violation has been abaded. Please accept this into record.
>> Uh exhibit B will be admitted. >> Thank you honor. The initial notice of violation notice of hearing was issued on September 30th, 2025 with a 30-day compliance period. The respondents Trhatel Anna A and Lopez Mario A Pino
have taken measures to come into compliance. The property is still in violation due to section 6-441 permits required. I would like to turn this portion of testimony over to Michael Herman, co code compliance manager for further details regarding the violation. Okay.
>> Thank you. My name is Michael Hman, co- compliance manager. Um, I just want to note for the record in exhibit A, um, there is a photo from the property appraisers office, um, taken in November of 2021 showing the front view of the house, um,
condition at that time that is different than the condition at this present time. And there's also a copy of permit 220315 um, was the only permit we found in reference to doors and windows. Um, and it only permitted the front door and the one window directly to the right of the
front door, not the other ones that are referenced in today's case. >> Okay. Thank you. >> Thank you. >> Okay. As a result of the sub of the subject property owner's current efforts to bring the subject property into full compliance with town code requirements
and based on my sworn testimony and evidence that has been presented to you, included including the exhibits with the within the agenda packet on behalf of the town of Fort Myers Beach, I ask that an order be issued. The town is seeking an administrative fee of 250 to cover the cost of bringing
this matter before the special magistrate. No, no daily fines are being requested at this time. an additional 45 days to come into full compliance is being requested. A fine of $250 per day after the additional 45 days will be requested to be assessed until the
property has achieved full compliance. >> Thank you. Um am I correct in that it's the permitting issue? So we're the only thing that's left is for them to obtain the proper permitting for that additional work that has been done or the work that's been done. >> Yes, your honor to obtain the permits
and follow them to okay completion. >> Are you aware of any I mean are they in the process of doing this or have we >> I am unaware at this time your honor. >> Okay. All right. Okay. So I will issue an order um finding a violation
with regard to that issue. um with a $250 administrative fee, I will permit 45 days to come into compliance and we can set a status hearing thereafter. Um following the 45 days,
there will be an imposition of a daily fine and the amount I'll put into the order so it is consistent, but we'll set not the December hearing, but we'll set it again for the January hearing for status. >> Okay. Thank you, your honor. >> Okay. Yes,
um and one more thing as well, if the party if the respondent does come into compliance before that January date, um the parties can submit, you know, a request for an order of compliance because I will be putting in an order of violation. So if if it comes into compliance within that date, then you
could submit uh to just issue an order of compliance. Okay. >> Understood hearing. >> An order of compliance wouldn't necessarily unless we need to address any other issues, we wouldn't necessarily need to have another hearing. >> If they do. Okay. All right. Perfect. Um that's it for that one. I know we're
skipping G&H, so we've moved on to item I, FMB case number 2025 0888. Property address 1339 Santos Road. Do we have a respondent present? Okay,
thank you. Um, you may take the podium. >> This one? >> Yes. And would the town like to present its case? No. Um, are we on the right? Yes. Right. This is
the right item. Okay. Just making sure. >> Sorry. >> Yes. >> Could we um that this one be um put on hold? Um the officer needs to go get some information prior. >> Absolutely. Do you want to skip this one from the agenda and then come back to it? Is that what you're asking? >> Yes. Yes, your honor.
>> That's no problem. Can you just um hang out for a little bit here? >> I can do that. >> Sorry. We'll recall your case. >> Thank you. >> Okay. No problem. >> Okay. So, we are skipping Jay. Um they are in compliance and then we're moving
on to the status updates. So, you just give me a second. Let me All right. So the first item that we have, item A under status update is FMP case number 20240736.
Uh property address 4855 Dolphin Lane. And we have respondents here. >> All right. Please take the podium. >> Okay. And the town may proceed. Good morning. >> Good morning. >> Um, my name is Terry Wike, code enforcement officer with the town of Fort Myers Beach. I've worked here for a
year and a half. I've been sworn in. Will provide status update for this case number 20 240736. The subject property is located at 4855 Dolphin Lane, Fort Myers Beach, Florida 33931.
I reinspected the property located at 4855 Dolphin Lane, Fort Myers Beach on October 15, 2025. My reinspection revealed that the property owner has abated the violations. Um, they've received all the permits required to
bring the property into compliance and they've paid the administrative fee of $250. I'd like to submit exhibit A um which is an affidavit of compliance with photos dated October 15, 2025 and a print out of the permit received showing that the
property is currently in compliance. If you would please accept this into the record. Have you reviewed exhibit A? >> I'm sorry. >> Have you reviewed exhibit A? >> Uh no. >> Okay. Uh I mean it is online if you want to show it to him. I imagine you don't
have any objection to it. No. >> Okay. Is that the the entirety of what's on attached to the agenda? You can hand it to her. >> Yeah. >> Okay. >> All right. I reviewed exhibit A and no objection.
So, it will be admitted. >> Thank you. The town would like to ask for a finding of compliance and we appreciate that. Thank you, your honor. >> Okay. >> Any response? >> Yeah.
I don't hear very well, so I'm sorry. >> Just tell me what to say. >> Wonderful. No problem. >> I think her her testimony was Yay. >> Yay. >> Okay. >> I will um I will issue an order of
compliance. >> Thank you. >> Okay. >> All right. Thank you. >> Thank you. >> I have it here. >> All right. I don't I mean I can take it but I have it here. >> Do you have a place for it?
>> Well, you know what? Yeah, because it's easier for me to type when I look at. So, okay. >> Okay. All right. Uh the next case on the status
>> uh the status updates are FMB 20240691 property address 5560 Aanita Pescadora. Um and that's item B. Do we have a respondent here?
No. Okay. I know a couple of people came in so I didn't know. All right. Uh the town you may proceed. Good morning, your honor. Again, Terry W, Town of Fort Myers Beach Code Enforcement. I've worked here for a year and a half. I've been in sworn in. Will provide a status update for case number
20240691. The subject property is located at 5560 Avita Pescadora, Fort Myers Beach, Florida 33931. I reinspected the property located at 5560 Avita Pescador, Fort Myers Beach. On September 3rd, the town presented
this case at a public hearing and on September 12th, 2025, an order was created. On October 30th, 2025, my inspection revealed that the violation had not been abated. The property owner has not received their permits required to bring
the property into compliance, and they have not paid the administrative fee of $250. I'd like to submit into evidence affidavit of non-compliance with photos dated um October 30th, 2025. >> Please accept this into the record.
>> You have an exhibit >> A. I'm calling it exhibit A. >> Um exhibit A. Oh, I don't know that it's not marked on here. So, I'll take a look at Thank you. I have extra copies if you need it. You
>> okay? You need Do you have a stapler? Actually, >> okay. Um, exhibit A may be admitted. >> Thank you, your honor. Um, the town would like to ask for a finding of non-compliance to include the payment of the administrative fee of $250 for
bringing it to our hearing previously. Um, and the town would like to ask for a $250 fine uh be imposed from the order of compliance date from October 31st, 2025 until full compliance is met by
applying for and receiving permits for the brick paper driveway, two small electrified U pillars and a driveway gate and follow the process through insurance of certificate of completion. Thank you, your honor. >> Thank you. Has there been any steps
towards compliance? >> Uh they applied for a driveway permit. Um but it did not include the other things that um were required as far as the pillars. >> Do you know when they applied for that approximately?
>> Uh let me see if I printed it. >> You mean after the the last hearing or was that before? Because I know there was a permit before. Um, so right, if you recall that, I'm sorry that I don't recall that. So I yeah, I believe that they did apply for that, but it's still
in review or in hold because they haven't applied for the pillars and the gate yet and the electricity for the pillars. >> Okay. So Okay. Sorry. Is there anything else on that? >> No, ma'am.
>> Okay. Um the previous order stated that they were to come into compliance by October 31st. Um and I will issue an order finding that they did not come into compliance
um by October 31st pursuant to the order. Um the order has an imposition of a daily fine of $100 per day for each day thereafter. So it um would begin November 1st. So, my order will reflect that the uh
fine of $100 per day will begin November 1st and will continue to acrue until the violation has been abated and once the respondent comes into compliance, they shall um notify the
town. Okay? And I'll put that in the order as well. I don't think I'm going to put this into a status conference. The parties can request that when compliance happens. >> Okay. >> Okay. >> Great. Thank you. >> All right.
>> Is that it? Did I address it all? >> Yes, ma'am. >> Okay. >> Mhm. >> Okay. All right. The next item is item C, case number 2024936,
property address 126 Anchorage Street. Uh, we have a respondent here. >> We do. >> Okay. >> All right. Would you like to take the podium? >> Sure. >> All right. Would the town like to proceed?
Yes, ma'am. Good morning again, your honor. My name is Terry White, code enforcement officer with the town of Fort Myers Beach. I've worked for the town for a year and a half. I've been sworn in and will provide a status update for case number 2024 0936.
The subject property is located at 126 Anchorage Street, Fort Myers Beach, Florida 33931. I reinspected the property located at 126 Anchorage Street on Fort Myers Beach and on September 3rd, 2025, the town
presented this case to a public hearing. Except on September 12th, 2025, an order was executed. On October 30th, 2025, my reinspection revealed that the violations have not been abated. the property owner has not received the
permits required to bring the property into compliance it and have not paid the administrative fee of $250. Um, I have exhibit A, which has my affidavit of non-compliance and photographs. And I've also added um a
print print out of a permit that they do have, but that permit that they had applied for, they um did work that was not part of that permit. So, they either need to get a revision on that permit or they need to
apply for a whole new permit. Have you I do have exhibit A here electronically. Could you provide a copy? >> Yes, ma'am. And I'm going to give you um I'm not quite sure what was submitted through um the computer system that you guys all
look at. Um I'm going to give you an updated permit that actually has a copy of the plans that were approved and what was approved is not what is out there. So again, either they need to receive a revision to what they've put in there or
they need to apply for a whole new permit. >> Could you please state your name? >> My My name is Bryce. My last name is Geese. G I E S E Y. >> Okay. Mr. GC, could you please take a look at the exhibit that she handed you and just let me know if you have any
objection to that being admitted? >> I do have an objection. >> No objection to that being >> I I do have an objection. >> What's your objection? >> Well, good morning. First of all, >> well, hang hang on. We're still they're still going to present their case, so
they're not done. This is just related to to this exhibit and your objection to the exhibit. I'll give you an opportunity to speak as soon as they're done presenting their case. Yes. >> Okay. Admitted. >> Go ahead and admit this. >> Okay. Thank you. All right. All right.
So, exhibit A will be admitted. May I proceed? >> The town may proceed. >> Sorry. Um, the town would like to ask for a finding of non-compliance to include the payment of the administrative fee for $250 for bringing
this to a hearing previously. Um, the town would also like like to ask the $200 fine be imposed um which states in the order uh dated October 31st, 2025 until full compliance is met by either
applying for and receiving permits for the lower level improvements, the exterior improvements and follow the issue through through follow through till issuance of completion or again apply um for a revision for the permit.
that had been submitted um and follow through to that till we can do a completion permit. >> Thank you, your honor. >> Thank you. All right, Mr. Gei, did I say that right? >> Gezi, you're close enough.
>> Okay, Mr. Gizy, you may proceed. >> Good morning. Let's start it off with that. >> Good morning. In 2018, I'm going to back this horse way up. In 2018, I applied for a permit, which is 181692.
The reason I know it by heart is because I have enough documentation here to float a boat. I've spent u about 35 years in the building business. And first of all, I want to say I take offense to no permits. I have never done anything
without a permit on my commercial jobs, my residential jobs out west, none of them. This particular permit 181692 was taken out originally to raise elevate the home,
build pour a new slab underneath and build new decks. And that's exactly what we did. 12 days before the hurricane hit, the big one. I pulled away from here with one of the trailers, the truck, and all
the machinery. I had the place done. We had done all three of those things along with putting in some landscaping. I'm not going to go into that, but we did all of that. It was it was put to bed. As we pulled away, I had my wife with me and I said, "I got this. We're finally
done." 12 days later it was something less. At that time the city prior or just after that time the city issued an ordinance that you could apply for a per
for for a permit and wave the wave the fees. So before the deadline, I think it was three days before the deadline, I had my wife I I sat down at my desk. I put it all together. I had 20 some odd pages. I
said, "Here, email us down to Florida. This should take care of it." That permit number is 233111. It encompasses, and I've got all the documentation. It encompasses everything that needed to be done to that home
relative to the damage that we incurred. I also hired a structural engineer to come out after the after the hurricane out of Panagorta, consult engineering. He walked through it with me. We took it down in detail along with cleaning up
the mess while he was there. He said, 'Well, it did what it was supposed to do.' I said, 'It did.' I said, the walls blew out. I said, and those wouldn't have gone in between the columns had had I not built it the way I built it. It was structurally sound.
Um, I said, "So, where do you think I ought to go from here?" He said, 'Well, the way I look at this, you got two choices. He's either tear it down the rest of the way or rebuild it. I said, 'Well, we're going to have to decide what we have to do. This happened to be a family home of
my wife's grand folks that they built back in the 50s. So, there was some emotional attachment to it. I wasn't terribly emotional about it. I could have gone either direction, but between the two of us, we decided, well, let's put it back together. Let's take a look at the numbers of what it takes,
dollars, time to put it back together. And since I've grown up in this business, and I'm now 72 years old, I've been in it a while. I pulled a number of permits through my days. When we did this, I first submitted,
like I said, the permit the first time three days before the deadline. I then got the rebuttals back from the city with the administration that was in at that time. And by the way, let me back way up. When I took out the first
permit, the building official here was Robert Bogart. And I've met with Robert. The second one was Jack McStraik, head building inspector. And when the hurricane hit, he said, "I'm done. I'm out of here." Steve Paposki came over from Cape Coral, as I understand it. And
I met with Steve also on this. Then I met with Joe Speck. And I met with Joe Speck this year several times. And the last time I met with Joe Speck, I said, "Joe, why don't we take the old permit 181692,
the new permit 23311? Let's combine them because I've got it to the point I need to get the inspections done so I can cover this thing up and get a CO on this unit. I need to get to the goalposts. I need to get it done. Enough's enough. There's
been enough enough times passed and I have other things I have to do out west anyway. Well, we did that and it's on the inspection report. When Joe and I decided to combine those two, it's on the the inspection report. It says it right on the report. I've got a copy of
it in here. Okay. So, I'm not trying to do something I shouldn't be trying to do. All the inspections have been done. It's darn near done. I've spent the last two months down here trying to get it done. I'd like to get done by the end of the year. Enough is enough. I don't want
to drag it into another year. That's where I'm at. I have enough documentation on this place for the last years and how many times I have re-uped the 181692, let alone the new permit. I've done it several times. I can't tell
you how many times I paid the city to up this permit. I've got the documentation. I hired a structural engineer here three weeks ago after I met with Tom Yoo. Tom wanted a letter from a structural engineer
stating the house itself. I walked it with the structural engineer. She supplied a letter which I have for him. I've got a copy of it here for him. I also met with Kelly at the same time. Kelly required an updated copy of the uh
uh certificate of uh elevation. I gave that to her at that day, the same day. I've also got the documentation here for her that she requires on the lower level washroom bathroom/b that was in there. Now,
that particular that particular washroom bathroom was a was a factor of her grand folks underneath the house several years later. When we elevated the home, we had to tear out that room that was there because it was attached to the bottom of
the floor joist. We had to rebuild it. So when we tore out what slab was there and got to the plumbing underneath the cast iron that was in the ground, not very far in the ground, we found was all honeycombed and gone. So we replaced
with schedule 40 DWV plastic, the heavy stuff, all of the sewer lines that came into that house. In addition, we added a backwater, what's called a backflow valve, a backwater valve on the outside
of the foundation. Put that in. Ran a new line all the way to St. Peter Street where I tie into where my saddle's at. We put that new line in. It was all done according the way it should be done.
We put it back. The only thing I did, I'm not going to lose another washer and dryer. I put a stack unit upstairs when I reframed the inside number of weeks ago or a number of months ago and it's upstairs on the upper level, not downstairs anymore. The only thing we've
got is the original bathroom put back. That's it. Period. And it is built to the to the standards that if we get another one of these bad ones, it'll either go away or if it's there, it can be washed out and continue to be
used. I'm done. >> Thank you. The first permit you said 1819862. >> 181692. >> 692. >> Okay. The new one's 233111. And by the way, Joe abandoned that permit after we talked. That's why it
doesn't show up. Got it. Out of all those building inspectors, I can tell you Joe Speck cares. He gets it. He understands. He's levelheaded. He understands the business. >> Okay. >> Kudos to him.
>> Right. Town, you have a reply. >> Um I do agree with the permit combination. Um it shows in the record, plain and simple. Um, so basically 23311
has been abandoned and added to the permit that he was talking about. 181692. >> Exactly. >> Yep. >> Exactly. I've got more documentation on this little house than I've had on a commercial job, even with General Motors
Corporation years ago. I've got it all and it's here and you're welcome to it. >> I can also I can also tell you one more thing. Not only do I have the documentation, but I submitted 233111,
not once, not twice, not three times, but four times with the rebuttals to this administration. Now, I know you've had some turnover here. I get it. But the bottom line is it's been done. I've done everything I was asked to do and
then some. >> Okay. Did I say he's coming up? Michael Hman, code manager. Um, we are open to continuing this to the December hearing to schedule a meeting with the building department and the building official to discuss these specific items
he's bringing up, having them not in front of me at this time. Um, so hopefully we can get it taken care of and compliance. If not, we can bring it back before you in December. >> If you can push that, I I just assume not do it December, I won't be here. I can't I can't stay much longer. >> Well, hopefully if we have a meeting, then we can get it taken care of and in
compliance. Um, >> can we do it sooner than them? >> I can I can try and schedule a meeting this week. >> That would be with you and the building official. >> Super. We need to get this taken care of. >> He's just referring to the hearing coming before me for the status. So, um,
you would have to discuss it before that anyway. So, >> I have no problem with that. I'll hold off on issuing um an order imposing the fine as of October 31st, which is what the previous order stated um until we can have another status. So, I'll issue
an order continuing this one pending whatever you need to do for resolution. >> Thank you, your honor. And if we have to come before you, we'll bring someone from the building department to address it. >> And Okay, good. And then I can um that would be very helpful. And then I will
put it for the December status hearing, but if we need to uh request a continuence, if you're still in the process of doing that, you can just do that as well. >> Okay. >> All right. Um, okay. So, I'll issue the order continuing the status and holding
off on any imposition of the fine, but the previous order does begin to acrue as of October 31st. So, I'm not going to impose that today, but do know that that's if we can't get it resolved that there is an order that would impose the fine as of that day. But, as long as
there's compliance and we're working towards compliance, then we'll we'll >> Thank you. >> we'll hold off on on imposing that. Does that work? Thank you. Thank you, honor. We can get that put together. >> Yep. Soon as we're over done here, I'll I'll >> work for me. Works for me. Thank you for your time. >> Okay, perfect. Then that's all for this one today.
>> Okay, >> I'm going to keep this one. All right. >> Thank you. That's okay. Does the Okay. Does the town wish to return to um item I from the violation cases yet or do you need I know that we
have a respondent here. So I just wanted to take this time to see if you were ready to present. >> Yes, your honor. after conversations with the officer and the respondent. We'd like to continue this one to December um to provide clarification to the property owner on how to come into
compliance. >> Okay. And to be clear, that's item I from the violation cases and that's case number 2025 0888. >> Correct, your honor. >> Okay. All right, then just give me a moment. I can I can do that. You want me to just I'll just issue an order
continuance and we'll get it set. Is that okay? Okay. Okay. So, we won't take any evidence on that one today. >> No, your honor. >> Okay. All right. Good. Then we will proceed to status case um
item D 2025 0560 property address 810 0 Lagoon road hearing. Okay. All right. Uh, do we have a respondent here for this case? No. Okay. Thank you. The town may proceed. >> Good morning, your honor. Again, Terry White, Town of Fort Myers Beach Code
Compliance Officer. I've worked with the town for a year and a half. I've been sworn in. Will provide uh status update for case number 202560. Excuse me. The subject property is located at 8100 Lagoon Road, Fort Myers Beach, Florida
33931. the reinspection of the property. Um, sorry, take that back. On October on October 7th, 2025, the town presented the case in front of a public hearing. October 17th, 2025, an order was
executed. On October 22nd, 2025, my reinspection revealed that the violation has not been abated. The property owners not received the permits required to bring the property into compliance. Um they did however apply for a permit but it's been waiting on resubmitt for many
days and they have not paid the administrative fee of $250. Um I have exhibit A which is an affidavit of non-compliance photos taken after the compliance date and a print print out of the um permit status.
>> Thank you. I have um I see an exhibit A that was attached to the agenda and it is four pages, but I also received electronically another exhibit A. I don't know if that was meant to be exhibit B.
Is this is this the one here? Okay. Do you do you have you have an exhibit? Let me see what you've got. Okay. Here. You want to take a look at that? Okay. So,
this is definitely not I don't know if it's just bigger. Hold on one second. Let me just compare what's here. >> Yes, ma'am. All right. So, here's what I'm going to do. I'm going to admit exhibit A that was attached to
the agenda and I'm going to re just make this exhibit B because it is a larger file. Um, and that will be exhibit B. >> Yes, ma'am. Thanks. I appreciate that. >> Thank you. Let me take this. Thank you. This is
okay. This is a part of it. Here >> it is. >> Yeah, there's a lot of things here. So, >> sorry. >> That's okay. So, just go ahead and take a moment and sort it out and then we'll figure out what we want as exhibit B. Um
the one online, just so you know, it's four pages. It has um affidavit of non-compliance and that is dated well I it just talks about a 10:22 uh inspection and it was signed at 10
10:22 and then it has one photo attached which is taken 10:22 at 10:1325 a.m. Um >> yes ma'am. So, what I'll give you is the affidavit of non-compliance dated October 22nd
and four photographs and then a copy of the permit that says it's waiting on resubmitt. >> Okay. Thank you. So, we'll have this as exhibit B and then
she said it was a copy of a permit. Okay. I'm going to let's do the copy of the permit as a separate exhibit. Okay. So, I'm going to do the copy of the permit as exhibit C just because it's different than what we've got online. >> Thank you.
Sorry. Hold on one second. That's not it. That's all right. All right. Okay. Okay. So, exhibit C will be the permit. Okay. >> Thank you. >> You may proceed. >> Sorry about the confusion. >> No, no, that's okay. That's okay. >> Um, the town would like to ask for
finding of non-compliance to include the payment of the administrative fee $250 to bring this to the previous hearing. Uh the town would like to ask for $150 a day to be imposed, which is the recommendation in the order dated
October 21st, 2025, and until full compliance is met by receiving a permit for the wooden carport and following the pro uh process through insurance of a certificate of completion. Thank you, your honor. >> Thank you. I have that um they were to
correct the violation by 21st. Have you had any uh contact or has anyone from the town had any contact with responded on this? >> Um not that I'm aware of. >> And has anything else or anything been submitted in relation to the carport?
>> Um no ma'am, not that I can find in our um files online. Okay. >> All right. Um, I'll issue is that is that it? >> Yes. Thank you. >> Okay. Um, I will issue an order finding
that the violation was not uh corrected by October 21st. And in the order there's a daily fine of $150 per day um as of the 21st. So, I will issue an order imposing a fine
after the 21st. So, starting on the 22nd until compliance is achieved and $250 to cover the cost for bringing the matter before um us here twice. >> Thank you.
>> Okay. And the the respondent shall contact the town to advise when compliance is achieved. I will not set this for another status hearing until the parties request such to um verify compliance.
Okay. >> All right. Thank you, your honor. >> All right. Thank you. >> Okay. Um, the next is item E, case number 2025 0341. Property address 5850 EO Boulevard.
>> Do we have a respondent here? Anybody come in? No. >> No, your honor. >> Okay. Thank you. Uh, the town, you may proceed when you are ready. Good morning. >> Good morning. Okay, you may proceed. >> I'm I'm sorry. I'm sorry. I didn't hear anything. So, what's
>> I said you may proceed. >> Okay. This is for the status update. Correct. >> We are Yes. Item E uh 20250341. Property address 5850. >> Okay. Uh this is status update. Um
>> I'm sorry. I'm sorry. 5850 Boulevard. >> Yes. uh this this uh this property has not been uh as of October 31st has not come into compliance and and I know they had until October 21st to
come into into compliance as of the 31st. There's no there has been no contact with me or the town for any update at all. >> Okay. Um, yes. I'm sorry. The town would like
to um ask for a 250 daily uh fine until until compliance is achieved. >> Okay. Thank you. Is that >> that's all? Yes. >> Okay. Um so the previous order states they must
come into compliance by October 21st. >> Correct. Um, I will issue an order assessing a fine. The fine was $200 per day for every day thereafter. So, beginning October 22nd, um, the $250
fee, I assume they've not paid from the previous hearing >> has not. >> Okay. Um, I'll impose a $250 fee to cover this hearing as well. And then
we will not need to set a status of compliance until the parties request one. Once compliance has been achieved, the fine will continue to acrue until that time should come. Okay. >> Okay. Thank you. >> And if the town
and this is a a pool issue, um it has a barrier. So if the town feels the need to erect a barrier then the town should um request to do so and that way and then we can hold the hearing on that and
that cost will be borne by respondent. >> Okay. >> Okay. >> Perfect. >> Um I think I have addressed everything on that one. Do you have anything else to request? >> That's all your honor. Okay. Okay. So, the next hearing is case is
item F, case number 20250675, address 140 Flamingo Street. Morning, your honor. >> Good morning. >> My name is Officer Hoffman, code enforcement officer 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 20250675. The subject property is located at 140 Flamingo Street, Fort Myers Beach, Florida 33931. Reinsspection of the property located at
140 Flumino Flumingo Street on 113 2025 revealed that the property is still in violation. The respondent MSV holding Trust Corp, to the best of my knowledge has not contacted the town of Fort Myers Beach Club compliance department and have taken no actions based on my observation during reinspection on 113
2025 to come into compliance with the violations. The photos taken during inspection on 113 20225 provide proof of evidence to support this statement. I'd like to enter
actually MSB Holdings Corp. The respondents were ordered to bring the violation into compliance by October 17th, 2025. I would like to submit into evidence an affidavit of non-compliance with photos dated 113 2025 showing that the property was not brought into full compliance by
the October 17th date set forth by the special magistrate. Please accept us into record. >> That will be exhibit A. Your >> Thank you. Again, we don't have a respondent here for this one. Okay. Seeing that there's
no objection, exhibit A will be admitted. >> Thank you, your honor. The town would like to ask for a finding to oppose an administrative fee of $250 to cover the cost of bringing this before the special magistrate. Tom would like to ask that the $100 per day fine be imposed from
the order of compliance date of 1017 2025 and thereafter until full compliance is achieved. Thank you, your honor. >> Thank you. All right. Um, I'll issue an order. Yeah, I'm looking at the order from last
time and compliance date was October 17. So, I'll issue an order assessing that the fine will begin as of October 18th pursuant to that order um stating that the respondent has not um come into compliance pursuant to the
order and they are in violation of the order. The daily fine of $100 per day will will begin October 18th. The $250 fee was not paid, I assume. >> Not to my knowledge, honor. >> Okay.
um and a $250 cost for bringing this matter today before the special magistrate and the respondent shall notify the town when they have come into compliance. We will not need a status hearing until
compliance is achieved. The daily fine will continue to acrew until that happens. >> Thank you, your honor. >> Have I addressed it all? >> Yes, you have your honor. Thank you. >> Thank you. Okay, I think that is I think that is it. Is there any other case that needs
to come before? >> Nothing further, your honor. >> Okay. Any any other matters that need to be addressed? >> No, your honor. >> All right, then we are adjourned. Thank you.