Good morning, your honor. Can you hear us? Okay. Good morning. Y'all hear me? >> We can hear you. Can you hear us? >> Yeah. >> Okay, great. Maybe we need to turn the volume up a little bit for him, please.
Okay, we're ready for you whenever you are, sir. >> All right, I'm ready. Um I can't see you yet. getting your login screen, but I hear you fine. >> Okay. He's working on it right now. >> There you go.
>> All right. Everyone ready? >> Yes, your honor. >> All right. Well, let's bring this proceeding to order then. This is the Fort Myers Beach special magistrate hearing for uh Tuesday, June 2nd, 2026.
getting underway as scheduled at 9:00 a.m. My name is John Van Lingham and I am the special magistrate. I'll be presiding in today's hearings. We'll begin calling individual cases momentarily. We do have some preliminary matters to attend to. Uh first um uh I
do have the uh minutes from last month's uh meetings. Are there meeting is there any objection to the approval of the May 5, 2026 minutes? >> No objection, your honor. Without objection, are there any other administrative items or preliminary
matters that uh the bring up? >> Um yes, your honor. Agenda item D 2026 0455 136138 Madison Court is in compliance and will not be heard today. >> Very good.
>> Anything else? >> No, your honor. We ready to start calling the case? >> Okay. Um, agenda item A, case number of 2026 0407, owner Katherine F. Brewster, 13 Fairview
Boulevard, located in Fort Myers Beach, Florida, will be our first case. And I apologize, I need to get sworn in. >> Do we have anyone here for the respondent? >> We do not. >> If you raise your right hand, please swear testimony gift will be the truth. Old truth and nothing but truth. I do,
your honor. >> Um, again, this is 13 Fair View Boulevard located in Fort Myers Beach, Florida. Um, this case was handled by Officer Thompson, uh, Hoffman. I apologize. Um, he's not in today, so I'll be um, presenting the case in his stay. Um, his initial inspection was
conducted on 417 of 26 um, where he found construction and rebuilding of a dock without a building permit. Um, at that time he conducted a record search and no permits were found. On 4212026, a notice of violation, notice of hearing was issued, giving the respondent until
52126 to come into compliance by obtaining the required permits. Um, if compliance was not achieved, the owner was noticed to appear at today's hearing on 6226 at 9:00 a.m. Um, affidavit of service was executed on 42126 affirming service by posting at 12
Fairview Boulevard and at town hall. It further states that certified mail was sent to the address listed on Lee County Properties Appraisers website by certified mail. Um, please accept these into exhibit as exhibit A into evidence as previously submitted to you. Um, it
includes service records, notice, ownership records, and original inspection photographs. >> The town's exhibit A and Ev. >> I conducted a um permit search this morning. Um, the property um property owner has applied for a dock permit,
which is permit 20 or sorry, 260833. It is in waiting on resubmitt status. Um there are currently some zoning issue, site plan issues as well as some property encroachment issues that need to be addressed by the owner um to further this along in the review
process. Um this was presented to you in exhibit B um which contains the permit records um letter submitted to the owner by the building department and the current cost sheet. Please accept this into evidence. >> All right.
Um, my recommendation is to find the property owner in violation of the codes cited. Um, give the respondent 60 days of which to come into compliance or a fine of $150 per day thereafter be assessed and administrative cost as shown on the cost sheet of $34044.
>> Plus 60 days brings us to what? August there. >> That would be fine. Yes. So uh I I will u based on the testimony and the specifying violation start to
set forth in the violation and as recommended I'll set compliance date to 60 days hearing which on August 1st that later but 60 days for today's hearing with the compliance date if
compliance is not achieved by that time we'll start running a daily of today for the next day with the compliance on that finance has been achieved also assessed cost in the amount of $34044 to show the cost sheet there anything
else on this >> that is it on this case thank you your honor um we're having some audio issues so if you give it just a few minutes we're trying to correct that on our side you can't hear my low >> we can hear you but there's some static um so we're trying to
We can go ahead and move forward, your honor. >> All right. Morning. >> Good morning. >> Thank you. >> Get you sworn in. >> Okay. >> Raise your hand for me, please. You swear or firm testimony about be the
truth, the whole truth, and nothing but the truth. >> I do. >> Um, good morning, your honor. My name is Terry W. I'm a code compliance officer. I've been with the town of Fort Myers Beach for two years and 23 years prior
code enforcement experience with another jurisdiction. I've been sworn in and will be providing testimony and documentation for case number 20260234. The documentation is attached to the agenda as exhibits and we ask that all
documents be accepted into evidence. I'll receive the househ. >> Um, the subject property is located at 340 Crescent Street for Myers Beach, Florida. Exhibit A contains the affidavit of notice and posting, the notice of violation, notice of hearing,
the certified mail receipts, photographs of the notice of violation and notice of hearing posted at town hall and on site on April 22nd, 2026. the documentation that the respondents um Eugene Reich trust for Reich Trust E Reich and Doris
F Reich own the real property that is subject of this code enforcement case. Included in exhibit A is also a copy of the Lee County tax notice, the Lee County property appraisers printout and the deed all showing um property
ownership of the property. Also included are my inspection photographs of the residents dated March 3rd, March 6, both 2026. Photographs showing the unsafe conditions of the home, including a
person sitting on the second floor with a door open with no railing or porch. pre and post hurricane photographs showing the changes that have been made without permitting, including but not limited to new doors, new windows, and removal removal of windows replaced with
sighting. April 22nd, 2026 photograph is one of the new windows installed without a permit. True and accurate and unaltered copies uh um have been marked as exhibit A and please accept them into the record.
>> Excuse me. Yeah, I'll set down exhibits. So, exhibit A is the the first bank here at OC. >> Thank you. Um Eugene E Reich Trust for Reich Trustee Reich and Doris F. Reich were given 30 days to come into compliance with the town ordinance which
was on or about May 23rd, 2026. Um the following code sections were violated. Section 6-441 permit required 6-11 adoption amendments of the Florida Building Code. 105.1 permit required and
103.5 unsafe building or system. On May 20th, 2026, a permit was applied for to correct the issues. Um, since then, the permit has been paid for and has been in the review status for 17 hours. On May
26, 2026, an inspection was complete completed, an affidavit of non-compliance photographs of the 2026 of photographs of the May 26th, 2026 inspection, permit affidavit, a copy of the permit record, and email
communications with the property owner's realtor, and the signed certified mail green card are marked as exhibit B. Please accept these into the record. just >> as a result um of the subject property owner's failure to bring the subject
property into compliance with the town of um Fort Meyer Beach code of ordinances and based on my sworn testimony and the evidence that has been presented to you, including exhibits within the agenda packet and on behalf of the town of Fort Myers Beach, I would
like to ask for an order be issued. Um, the town would like to impose an administrator fee of $250 to cover the cost to bring the this matter before the special magistrate. We'd also like to give the property owner 10 days to
temporarily install a guard rail at least 36 in high with rungs no less than 4 in apart to secure the second floor door that is facing facing Crescent Street um for the safety of anyone that's inside the building. Um, we'd also like
to give the property owner 60 days to comply with the town to supply the town with any and all required paperwork um associated with permit 260954 um to the point where it can be issued. And if all required is paperwork is um
not submitted um we would then have a status hearing um after that 60-day um time frame and um at that point we would then like to impose daily fines of $250
until the violations are abated. Thank you your honor. >> That the $250 will start to run after which compliance date? You want you want 10 You want 10 days for the guard rail for the door to be shorted up so you have that unsafe
condition? >> Yes, please. >> And then was it 60 days to get the permit application completed? >> Yes, please. >> Okay. And the uh well, I guess the clients would begin to run after the 60-day deadline or deadline.
>> Yes, please. after that 60 days because they have made an attempt. Um, unfortunately they didn't do it quick enough, but hopefully they can get in all the paperwork required so that this can move forward. >> Let's
capture all this here. It's kind of a few things going on. First of all, based on testimony exhibits, I'll make a fun violation as stated in the notice and not in particular based on photographic evidence that that doorway
on the second floor does look uh obviously unsafe based on pictures in the picture hanging out the door which looks like a bad idea to me. So >> right >> uh I I think u the the evidence is very
clear there. Uh so uh I will accept those recommendations. will set a compliance date of 10 days from today, which is June 12th, in order to get that uh that unsafe condition uh corrected uh with the installation of a guard rail at
least 36 in high with rooms no less than 4 in apart to keep the keep persons from falling out of that uh falling out of that doorway. um will set a second date of 60 days out for the
completion of the application paperwork for the permit you required. So on about August 1st I'll figure 60 days out afterward 6 days from today the uh the owners will need to have gotten at least gotten all of the paperwork in place for
the town to be in position to issue the permit looking forward at that point. Um failing that we'll have a status conference at the the next available hearing date to determine what further steps to take. It could include uh the
imposition of fines of $250 per day beginning on that day after the compliance date on on August 1st. Um so we'll also need to assess at that time what to do if the owners do not get
that guard rail in place at 10 days. Uh my inclination would be that u if that's not done not likely to be lenient on that we need to get that unsafe condition corrected so don't have that time come with the
status case it will almost ser >> um not that I'm aware of the only communication ations I've had um is with the realtor um who has the property for sale and the contractor and the contractor seems to be um working with the town um
quickly and >> unless the town uh u prefers it otherwise I I would given the unsafe nature of that condition uh would uh also like to include in the order that fines could be imposed $250
per day starting on June the 13th if that door isn't to up and we can uh make final decisions on that at the status conference if we have one when they're not showing compliance. But I do want to be sure that there's a way to toel you know propel compliance with that issue
because it is unsafe graph it's unsafe and that's a priority uh they need to I'm going to specify in the order that uh that should compliance be achieved on that issue. Daily fin could be imposed
retroactive. >> Okay. Yeah, I appreciate that. I'll reach out to the contractor today um and tell him what occurred at the hearing and I think he'll work with the town and getting at least getting that um to the point where it's safe.
>> Yeah, that that's a that's a real concern and we'll impose costing $250 as well. >> Okay. >> Anything else the town needs on this one? >> I don't believe so. Thank you. I appreciate your time. >> All right. Very good. Thank you. So next is um item C for my speech case
number 20251083. Good morning. Let me go ahead and get you. >> Officer Chavis will be speaking. >> Good morning, your honor. >> Raise your right hand for me, please. You're about to give will be the truth. Whole truth and nothing but the truth. >> I do. >> Very good. You may proceed.
>> Okay. Um, first thing, uh, the case number is is correct, but on the on the on the notice of violation, it says 2026. There's a little error there. >> Oh, instead of 2025. Yes, instead of
2025, it says 2026. There was a little error there. >> You say that where is the typo? Which do >> the type? >> Did you say typograph notice or? >> Yeah, the the typo is in in the case
number on the the notification and paper. It says 2026 1083, but it should be 2025 1083 >> on the notice of violation. >> On the notice of violation. >> Yes. Sorry. >> Yeah. Go ahead. It's I understand. I've got it written down.
I just want to see what what do >> Okay. Good morning, your honor. Uh my name is Marshall Travis. I am a code enforcement officer for the town of Formar's Beach. I have worked for the town since July 23rd, 2024. I have been sworn in and I will prov be providing testimony on documentation for case
number 2025 1083. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. >> All right. I'll go ahead take you're going to offer probably exhibit A and B. So I'll take off. >> Okay. The subject property is located at
8000 Lagoon Road, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of violation, notice of hearing sent on April 24th, 2026, affidavit of notice and posting, copy of certified MEVC, and photos of notice of violation, notice of
hearing posted on April 24th, 2026. On site, notice of violation, notice of hearing posted to town hall on April 24th, 2026. the documentation that the respondents open doors for you investment LLC owned the real property
that is the subject of this code enforcement case. Included in exhibit A is a copy of the Lee County property appraiser and Lee County tax collector. These records demonstrate that notice was provided to the property owner. Exhibit B. Sorry, that's for me. I would
like to submit exhibit B as an affidavit of non-compliance with photos. I performed a reinspection on the subject property on May 30th, 2026, and the subject property was still in violation of the town of Formy Beach ordinance. Please accept this into record. At this time, I received the town's
exhibits A and B in the >> Open Doors for You Investment LLC was given 30 days to come into compliance with the town for Mars Beach ordinance, which was on or before May 22nd, 2026. as a result of the subject property owner's failure to bring the subject
property into full for compliance with town code section 6-1 adoption of international property maintenance code 301.3 vacant structures and land and based on my sworn testimony and evidence that has been presented to you on behalf of the town for my speech I ask that an
order be issued the the town would like to impose an administration fee of $250 to cover the cost in bringing this bring this case before the special magistrate Also, the town would like to ask that a $250 uh $250 a day fine be imposed starting
on this date until uh until the violation is upate is abated. Thank you, your honor. >> Uh just a couple questions for you. Um what date do you recommended for a compliance date? >> A compliance date? >> Oh, compliance date was uh May 22nd.
>> May and then you wanted you're recommending what is daily fine? uh daily fine of $250. Yes. >> Very good. And uh these photographs here
I'm just somewhat amused that the violation among other things includes open door structure without doors and windows. The name of the respondent is open doors. So I guess it's appropriate. Anyway, uh uh I will uh based on the
testimony and the uh and the exhibits make finding violation as charges set forth in the notice, we're going to set the complaint date to May 22nd, 2026 as recommended. Uh if compliance is not achieved by that date, we're going to start running a daily fine of $250 per
day and run that fine uh until the property has been brought fully into compliance. Also assess costly about $250. Is there anything else the town is looking for on this one? >> No, that's all your honor. >> Very good.
>> Um, just want to make sure I heard it. You set the compliance date at May 22nd. >> May 22nd. Yes. >> Okay. So, that's back that is backdated, correct? Or >> Oh. for my case. >> Okay, let me let's back up. What What compliance are you taking?
Obviously, can't be May 22nd. Um, so I'm glad to point that out. What What date are we looking for here? >> How much time are you looking to give them? >> Oh, um, we give them They've had enough time. Um, I'll give them another uh 15 days.
>> 15 days. Thank you, your honor. >> Second. >> Okay. >> And uh let let me be a little more specific in terms of what uh you need them to do to be in compliance and spell out. Let's just put this in record
quickly. Um in terms of being in compliance by that date, so we're not giving them a lot of time. What do they need to do to >> They need to board up the windows and all the doors cuz everything is out in the open. >> So, what they need to do to get that in compliance does not require a permit.
They need to get out there and board it all up. >> No, no, that I know of. >> No, it's not, sir. No, no, no, your honor. >> Well, that makes sense to me. So, uh, I'm going to first of all apologize somewhat a badly for having accepted a
compliance date. It's in the past. I forgot it's already June. This year is going by quickly. Um, but we're going to go ahead and set the uh compliance date then to June 17th, which is uh
which is 15 days from uh from today. and uh is not in the past. So it will be June 17, 2026 uh with a daily fine of $250 per day beginning on June 18. Compliance has not been achieved. Compliance in this
instance being getting the property secured, the open doors and windows boarded up so that so it's just not open the way it is now. Now then, is there anything else the town needs on this one? >> Um, no. That is all, your honor.
>> Okay. Thank you. >> Thank you. >> That was our last case for today, your honor. >> Oh, no. Okay, very good. Well, I will u get you orders on these fairly
quickly. Um, we have three of them today. And uh, there any other business to attend to? >> No, your honor. Thank you for your time. >> We're journed. I'll see you next time. Thank you very much. >> Thank you.