All right, let's proceed then. >> Morning, your honor. Um, my name is Michael Hman, code enforcement manager for the town of of Fort Myers Beach. Um, we have some amendments to the agenda. I'd like to start with housekeeping if you're okay with that.
>> All right, let's go ahead and uh Is there needs to be here to get started? >> Um, yes. If you want to swear everybody in, that would be great as well. >> Yeah. Why don't we go ahead and take care of some of the preliminaries? Um, and good morning to everyone. Uh, this is the Fort Myers speech special
magistrate hearings uh scheduled for December 4, 2025 9:00 a.m. getting underway as scheduled. My name is John Van Lanningham and I am the Fort Myers speech special magistrate presiding today. Uh, and we are conducting the hearings by Zoom
teleconference. Um, I know we have a couple of primary items we can take care of fairly quickly here. I think um we have the minutes from the October 29 uh 2025 meeting for approval. Are there any objections to that? The approval of those minutes?
>> No, your honor. >> So, without objection, we will uh approve those and uh u Mr. Houseman, you were about to tell me about some changes to the to the agenda.
>> Um yes. First item on the agenda under status updates was a postponement from last month um case 2025809 that came into compliance since the last hearing and will not be heard before you today. >> Okay, very good.
>> And under violation cases, item C20250891 is now in compliance and will not be heard today. >> Good. Any other changes? >> No, that's it, your honor. >> All right, we can go ahead then and we
have two violation cases. Um, uh, here on the agenda, we can go ahead and, uh, call those. >> Um, agenda item A, case number 20251060. It is 151 Myiramar Street. Property
owners Carol Jean and um Danny Lewis Thomas. Um property address 151 Myar Street. Um again, good afternoon. My your honor. My name is Michael Hman. I'm a code manager for Town of Fort Myers Beach Code
Compliance. Um I supervise the day-to-day operations of Town of Fort Myers Beach Code Compliance Department and supervise three code enforcement officers. First case for you to review today is one is 2025 1060 151 Myar Street. Um for inclusion in the record, exhibit
A um as presented to the magistrate. Um contains notice of violation, a notice of hearing, affidavit of service, proof of mailing, and proof of ownership. Um we'd like to submit that into evidence. >> We go ahead and see that evidence at this time.
>> Initial inspection was conducted October 15, 2025. Um the notice of violation notice of hearing was issued on October 20th, 2025 with a compliance deadline of November 17th, 2025 with a hearing date of today at 9:00 a.m.
The notice of violation not hearing was posted at 151 Myar Street and Town Hall on October 20th, 2025 and sent certified mail and regular mail on the same date um to the property appraisers mailing
address of 20 220-67565 565th Avenue, Austin, Maryland 55912 and sent regular mail to the violation address violation before you today is keeping or maintaining a non-compliant portion of
the structure. Um more specifically um a sink and plumbing on the ground floor of the property um in violation of the code and FEMA regulations. Um, exhibit B, um, which was also sent to you is contains an affidavit of
non-compliance, um, dated November 25th, 2025, including a, um, permit review on that date. And I reviewed the records again this morning. Um, did not show any um, records submitted to remove that
plumbing. Um recommendation would be give the comp uh give the respondent 30 days which to comply or a fine of $250 a day thereafter and assess administrative cost in the amount of $250. The property owner is here today and
would um would like to >> they are ready to be sworn in your honor. >> All right. Very good. And who do I have here for the I have uh I have here You can state your name.
>> Hi. Um, >> may I please the court? My name is Carol Thomas and I'm here with my husband Dan in opposition to the administrative enforcement initiated by the town of Fort Myers Beach. Aiming or hope. >> Yeah. Let me just uh interrupt you here
for a moment. Let me get you sworn in. If you're going to give testimony, would you raise your right hand for me, please? You swear or affirm the testimony you'll give will be the truth, the whole truth, and nothing but the truth? >> I do. Yes, I do. >> All right. Very good. And did you have any questions for Officer Houseman?
>> No, I do not at this time. >> No, >> I do not have have any questions at this time. >> All right. You you may proceed then. >> Okay. My husband and I are here in opposition to the administrative enforcement initiated by the town of Fort Myers
Beach, aiming or hoping to force us to demolish our lower level or lower level plumbing, which has has been in place and recognized since 1971. I have previously on November 17th provided four packets of information to
the court and council with our exhibit list containing 11 separate exhibits. also provided our photos taken prior to our purchase in April of 2021 um that the Crumbies allowed us to take for them before we purchased. Your
honor, do you have a copy of our exhibits? >> I don't at the moment. I'm checking to see if I have them here. Give me one. >> They were delivered on November 17th. Four packets of information were given to the city on November 17th. Your honor, I just transmitted some
files to you this morning. >> Okay. One moment then, Mr. Thomas. Try open this file here. One second. Okay. All right. Just give me a moment to download these.
>> Sure. All right, I've got them here. >> Pardon me? >> I have them now. >> Okay. All right. I would also like today to add exhibit 12 to the documentation. It contains specific pages from permit
number 200007-100191. I have three copies um available for the court if they would like to have those. I did submit one copy this morning I gave you to have submitted to the judge. But if if Michael would like a personal copy, I have I have that in my hand
here. >> Pardon me. >> There is an exhibit 12 in the packet I was sent. It says portion of permit appraisal report. Is that what you're referring to? >> Um yes. Exhibit 12 says portion of permit/appraisal report. >> I do have that.
>> You do have that? >> I do. >> Okay. Thank you. >> I also have um a copy of the entire permit. It is a 75page document and I would happily lend it to the court for them to copy.
>> What's the permit for? the permit is is is is referenced a few times and so the whole I printed the entire permit. It's 75 pages. Um I decided not to make multiple copies because of the >> What? >> Yeah. What's it a permit for?
>> The permit is for is for the permit that was um initiated in 2007 by the Crumby family. >> They're the prior owners. >> Correct. One of the prior owners. You purchase from them or
>> We did purchase from them. Yes. >> Mhm. >> What year did you buy the property? >> We bought the property in 2021, April 30th. >> The photos that I submitted are from March of 2021. >> Go ahead. You proceed.
>> Okay. So, I would um I'd like to ask the court to recognize that our house was built in 1971, making it a pre-firm house. At this point, I will initiate our testimony in response to the allegations of the city. >> You go ahead and do that.
>> Okay. I'd like to direct the court's attention to exhibit one, which is the affidavit of Constance O. Harvey, who is a former resident of Fort Myers Beach at 81 Myiramar. Her family has
been on Myar Street or owned that property for over 85 years. She can attest to the fact that her house had a finished lower level uh going back well before 1984. And I offer exhibit one, which is her letter, which has been notorized,
her statement. This is a This is a statement of a neighbor. Miss Harvey's a neighbor. Is that what you're saying? >> She she lives um she live lived at one point down the down the street at 81 Myiramar. She no longer resides in
Florida. Um I did extensive research finding property owners to see if somebody had information in regards to our property. She was one of the people that I was able to contact and was willing to provide a statement because she had um knowledge of what our home
was. Her letter even her letter even part of her letter even says that um uh there were fewer homes. Um u there were fewer homes then. The population on the island was between 27 and 3,500 people. The island had about,00 homes in
total. It was a much smaller foot footprint back then, making it easier for me to have recall, especially when asked about homes on Myiramar. Our family watched many of the houses be placed on the street. Most of them came from streets and avenues from already on
the island. So, that's just a part of her statement. >> All right. Well, um, I'll receive it. I mean, it's hearsay because this witness isn't here to testify. Uh, so it may have limited value. uh to the extent it
might corroborate or supplement your testimony. I can look at it for those purposes kind of limited purposes, but I assume you're going to testify about the condition of the property when you purchased it. >> Pardon me. I'm sorry. >> I assume you're going to testify, I assume, about the condition of the property when you purchased it.
>> Yes, I I will get to that. >> Okay. Go ahead. So then I would offer exhibit number two which is a um notorized letter from Rebecca Krat who lived at 120 Myiramar Street. She indicated that her family has owned that
property and still owns it currently since 1976 and she also has um living working knowledge of the house being having a finished lower level since the 1970s. Exhibit number three is an affidavit
from Patty Smith. I would like to direct the court's attention to exhibit three. Miss Smith is now a resident of New Jersey. She can attest to her family owning the property at 81 Miramar Street since the 1930s. She indicated she cannot remember a time that the lower
level of 151 Myimar was not finished and she has been visiting Myiramar Street since the 1960s. She indicate that while she cannot remember the exact date, she can attest to the fact that she used the bathroom, the bathroom at the lower level of 151 Myiramar in 1980 while her
family's cottage was being raised and plumbing was being added to their ground floor. At this time, I would like to direct the court's attention to the exhibit number four, which is the affidavit of Helen Crumby.
The affidavit of Helen uh Mrs. Crumby is currently a resident of Fort Meyers. She and her husband Jim sold the property at 151 Myiramar to my husband and I. Mrs. Crumby and her husband purchased this property in May of 1998. And the lower level was finished at that time. They
purchased the property from Robert and Betty Carr who at the time had a retired postal worker renting the lower level as an efficiency apartment. Crumbies added an additional floor to our home in 2008 which included a bedroom and bathroom and also replacing the patio door on our
lower lower level. All of which was outlined in the permit which was issued, inspected and passed by all authorities. We offer exhibit number four. >> As with the other affidavit, I'll receive them again. They are here. So, um,
>> Mr. and Mrs. Crumby are here. Mr. and Mrs. Crumby are here as witnesses for me. >> Okay. Would you like to speak with them now, your honor? >> Why don't you finish your testimony and then we'll if you want to pull with them, you can do that.
>> Okay. Um, exhibit uh number I would now like to direct direct the court's attention to exhibit number five. The exhibit number five is the 2007 Lee County property data detail. Exhibit number five was take was taken from Lee
County website. the photo of which shows the finished lower level. On page two of exhibit number five, you can see that their data shows midway down the page, their data shows that the we had a finished lower level that was heated and
air conditioned under air where where it says heated/underair and it says base 528. Yes. Base 5 288. Yes. finished lower level and the carport and patio and scope of work is there. It is also
on the third page shows the county's drawing of the finished lower level. I offer exhibit number five. >> I'll receive that evidence. >> Thank you. I would now like to address the
uh court's attention to exhibit number six which is the per ther kumbies permit application number res20007-10191 that was submitted by woodland custom homes that clearly shows the living area bedroom and utility room on the very
first on the one of the pages of this document you can see that it is at the very top it is dated January 8th of 2008 at 11:08 a.m. And Judy Starns, S T A R Nees S, took this document and this
picture into record. And I've provided some other pictures that were a part of that 75page permit. We would offer exhibit six at this time. >> I'll receive that. >> Okay. Exhibit number seven. I would like
to direct the courts to exhibit number seven, which includes the a 2024 permit revision to permit number 232518, which was adding the lower level to the scope of work like for like. As you can see, the original floor plan shows the
bedroom, kitchenet, bathroom, and owner's closet. Plumbing was not added, removed, or changed. We made necessary repairs where needed at the site of the original plumbing. >> What sort of repairs?
>> Excuse me. >> What sort of repairs were made? >> Repairs meaning um after Hurricane Ian, for instance, the bathtub was damaged quite a bit. So, we removed the bathtub and just put in a standup shower. We
didn't change any of the plumbing. Um the the toilet was cracked, so we replaced the the toilet. We obviously cleaned and then the kitchen sink and the bathroom sink are exactly where they were, but they both had wooden cabinets underneath them. And we removed those
those things and replaced them with freestanding sinks. And if the court would like, I can I'm sure I can find pictures on on my phone of the what the sinks in the bathroom look like.
>> Okay. This is work that you did in 2024. >> The 2022 was what we did after Ian. >> That permit was from 2022 after Hurricane Ian. >> All right. Got it. >> Okay. Okay.
All right. Now, I would like to draw the court's attention to exhibit number eight, which is the completion certificate 20250721 for permit number 232518, which in the activities section says, realtor.com shows layout, which includes
bedroom and kitchenet. These plans were approved in revision and permit has been finalized. In addition, under the site inspection on that same page from July 11th, 2025, the permit indicated to add the lower level repair like for like, we
would offer exhibit number eight into evidence. >> I'll receive that in evidence. >> Pardon me? >> I'll receive it. >> Thank you. would now like to draw the c the court's attention to exhibit number nine which
is the Lee County property card. This was taken off of the Lee County Property Appraisers website which on page one indicates under the building sub area details and I have it highlighted on my page if you don't if you're not familiar
with where that is and it says base 1971 tells exactly what it was finished lower level 552 ft finished open porch and as you read down it will it tells you exactly everything that happened in 1971
on the first page. Second page was just a part of that, so I included it. And again, the third page of that of that document into evidence is the county's drawing showing a finished lower level. I would offer exhibit number nine.
>> I'll receive that. >> Okay. Exhibit number 10. I would like to address or um show the photograph that was provided to us by the Crumby family, which is a picture of the lower level um
when they purchased the home in 1998. This this picture will come into play again when I when I'm further down the road in in another evidence packet. So, I would offer exhibit number 10 into
for the court. I would now like to um >> just to clarify, I guess you did not personally see the property in this condition in 1998. >> No, I did not. The Crumbies are here and they g they provided these photos for
us. >> Okay. >> Okay. >> I'll receive it and we may hear testimony from the Crumbies. So, go ahead. >> Okay. Then I would like to address the court's attention to exhibit number 11, which is again a picture that I took off of the Lee County um website, which this
photo dates back to June of 2000, and it shows I blew the picture up probably too far. It's a little grainy, but it absolutely shows the finished lower level. The bottom level is enclosed, and that came off of the the Lee County website. I would ask for an exhibit 11
to be entered in to evidence. >> I'll receive that evidence. Okay. Then the next section is the is probably in your packet is probably the photos that we submitted from when we purchased the home. Now I'll move on to exhibit number 12. I
would like to present exhibit number 12 which is a portion of the 75 p page permit and appraisal report from 2007. in 2007. In the 2007 permit for the addition, in the appraisal report used to comply with
the 50% rule, it says the house prior to remodel was a two-bedroom, one and a half bath. It also discussed the ground floor and apartment being grandfathered in. Both the hand and architectural drawings clearly shows the efficiency apartment with the kitchen, bath, living
room, bedroom area, and laundry. The 2007 edition added a bedroom on the top floor and another bathroom. Again, the existing house had two bedrooms and one and a half bathrooms prior to the addition with the ground floor efficiency apartment that contains a
bathroom, kitchen, and sleeping area. Page one of exhibit 12 is an enlarged portion of page two. The highlighted area shows exactly what I am referring to. Page three are photos taken by the
appraiser which when if you when examined are close match are a close match to the photos provided by the crumbies in exhibit 10. And I'm not sure if your honor if you have this the picture that I have in front of me. It is a from the 2007 Lee
County um website that I went to and it is a very grainy photo that I did try to uh copy for you, but it does show if you look through there, it shows the two doors going into the house. Um, one door goes into what was referred to as the
owner's closet and the second door enters into the bathroom. >> I I have it. >> Okay. Thank you. My in my closing remarks, your honor, I am at a loss as to the the ob the objective the excuse me, I'm sorry, to
the objective of the city of Fort Myers Beach attempting to deny the existence of a finished lower level and plumbing, which by their own records show was present back to 1971. Since that time, there have been two permits for
expansion or improvement, both of which acknowledge the lower level efficiency apartment, and those permits were accepted, approved, inspected, finalized, and closed. As such, we
respectfully request that the court deny the request for relief from the town of Fort Myers Beach. Thank you. >> All right, M. Before you uh leave the the podium there, let me ask that the
town if it has any questions for Miss Thomas. >> Um just upon review of the documents that you submitted today um and we're really reviewing the construction and construction that happened after the hurricane which would
trigger this um plumbing violation which is what we're looking at. So, it would be we're not denying the existence that the structure is there and it was um addressed in permitting as shown on your representation. Um it's the
repair work done after the hurricane um that would trigger the um restriction on plumbing on the ground floor. The plumbing existed prior to Hurricane Ian and prior to the flood mapping by FEMA
in 1984. The plumbing has been there since 1971. We did not change plumbing. We did not remove plumbing. We did nothing. We were put back exactly what was there. Repaired only.
>> Okay. Thank you. >> Let me ask and Mr. Thomas, you have other witnesses you might want to call. Just wanted to ask officer houseman um just again uh so I'm clear the town is
focusing on the work that was done I guess in or around 2022. >> That's correct. Um any kind of repairs or dam substantial damage um to the structure after the hurricane. >> It sounds like there was at least some
interior remodeling and or repair if I understood Mr. Thomas's testimony, there was a replacement of a bathtub, for example, a toilet, um maybe some cabinets and sinks or cabinets. In any event, that's what the town is focusing on that sort of interior. Maybe it was
mostly interior work. >> That is correct. G Hunter, >> in our permit revision, excuse me, >> I'll just ask let me just ask again on that point. Is the um uh nature of the work such that uh the any
grandfathering I know there's been testimony about some grandfathering pre-firm you know the existence of the pre-firm structure is the town's uh position that compliance would require demolishing the lower level or is it getting after after the fact for
the interior remodeling and repair work that was done just so I can get an idea of the the scope of the uh corrective action should a violation be found. >> Um it would allow either a removal of the plumbing or um documentation and
approval of a prefer or non-conforming use on the ground floor. So if if she could get that through our um >> I'm sorry >> flood plane manager then that would that would allow that as well. There's a separate process that the um
owners could pursue w with regards to establishing the existence of pre-existing, you know, essentially establishing that it's a non-conforming lawful use. >> The owner could pursue that. Um and I could present this evidence and any further evidence to our flood plane
manager related to that. >> And if that failed, when you say remove the plumbing, would that mean remove all of the plumbing or just what was put in? What would they have to do >> if if it was found in violation? It requires it to be um capped off or removed. Um
>> Okay, so they couldn't have any plumbing in the lower level at that point. Uh right, there would just be no plumbing there >> under the current code. Yes. >> Right. Um could the lower level continue to exist or would that have to go too? Um it could still be used as storage and
um parking things of that nature I guess >> but not habitation like somebody >> could be as a habitation. They did there's a restriction on the plumbing on ground floors. >> Yes, the plumbing. Okay. >> All right. Okay. Um >> if you wanted to if you felt comfortable
um continuing this and letting the flood plane manager review the documentation um she has a copy of it as well um and bringing this back to you next month. I have no problem with that. So hopefully get this taken care of. Um if it's allowed to be there then um we can get
that documented by the flood pain manager. I >> mean that would be um if the town's agreeable to that uh that might be efficient. I I think the determination of whether the property is a lawful
non-conforming use, a brief room from structure that that would allow this work to be done um is probably something that has to be decided through another channel um as opposed to being decided
by me. Um so, uh if that can be done, you know, before next month's hearing, um what do you think about that? Uh, Miss Donald, >> I guess I'm I'm a little bit at loss as to what more the city would like me to
provide as to the proof that the plumbing existed. Um, I I will do whatever the whatever the court asks of me, but I'm confused as to what the proc the next process would be for me to further prove.
>> Yeah, if I'm understanding correctly, and it's probably not so much a matter of the nature of the proof. I mean, you've got a stack of documents here. You've got uh testimony about the condition of the property. As I understand it, there's not really there's no dispute that there
was a lower level um that dates back for for years as you as you testified. Uh I think the town is disputing that. The question is um uh
will the town recognize the structure as a you know a a pre-firm structure that's a law for long-term use that you could do this work on without triggering you know some requirements that would require you to come into compliance with current flood
plane uh regulations which uh you might not be able to meet would require the capping off of the plumbing. So, it's maybe a matter of who the decision maker is on that. Um, that might be a decision that's not mine to make in the first instance. Does that make sense?
>> It it does, your honor. >> Um, and obviously if the town decided that that your property was, I guess, to use the veracular grandfathered, then uh it looks like to me like the path
forward is much simpler. or if the town decides it's not, then uh then we come back and we then I I make a decision as to whether there's a violation and if so what the corrective action is to bring the property into compliance, which uh in that scenario, I think the town's
position would be you've got to cap off the plumbing, which would mean no bathrooms, no sinks down in that lower level. Uh um >> which uh >> which for me I my biggest question is
it was it as it states in our permit when we revised it replacing things like for like the permit was approved. It was inspected.
It was finalized and it was closed. They were there. They saw everything. We didn't hide anything. And >> and I'm not Yeah, I'm not suggesting that you did. Um I don't think I don't
hear the town to be saying that necessarily either. Um uh there's a lot of documentation here that you have provided. Um, and obviously I haven't had a chance to read through all the the records that you provided. Um, that's something of course I would do before
making a final decision in the code enforcement matter. >> Okay. >> Um, you presented, you know, 50 or 60 pages of documents and uh, and while I'm listening to you, I just haven't had a chance to read them all. Um, but it looks to me, at least on the face of it,
that you've presented some permit, you know, records and things of that nature that, uh, certainly are I I I'll need to review. Um, and, uh, this isn't as straightforward as some building without permit cases where, you know, where it's just straightforward work's been done,
there's been no permit. Here, you've got a permit history. You've got a, you know, there's there's history here. Um, but um, again, if uh, If you're agreeable and the town's agreeable, we could postpone the completion of this
hearing until the next agenda in a month or so. and in the meantime get an official determination from the flood plane manager at the town as to whether the property um uh can be treated as you
know grandfathered so that you might be able through that through that pathway to avoid the the what would I think be the most serious consequence for you as the owner the the potential of having to cap off your your plumbing
and I'm not saying that's you know necessarily going to be the decision. I don't I don't know yet. I haven't I haven't made a decision on the enforcement case, but that's what the town is seeking in. So, from your standpoint, I guess would be the worst case um in the enforcement case.
>> That that would be fine with me to appear again in a month. And I do have a copy a full copy of the 75page permit. If some if the count if the if you yourself or the town would like a copy of that, I'd be happy to lend it for
>> Why don't you um uh bring that next time if if we hear this again in in a month um you can provide a copy that can be scanned in and I can download it. Um let me go back to officer houseman. Is that is that agreeable to the town? we can uh
continue to pass this to the next agenda. In the meantime, get the manager review this and uh depending on the outcome maybe at the next hearing, have the flood plan manager testify about those those facts. >> That's agreeable to the town and
hopefully we'll get it taken care of before the next hearing. >> That sounds fantastic. And if you would like to hear from the crumbies, they are here now. And as one of my witnesses, >> why don't we u are they um potentially not available if we meet again?
>> Just a moment. I'll have to ask them. >> And the second I guess the second issue is um there may not be any disputed facts with respect to the things that they would testify about. Uh that I take it the town's not disputing
that there was a lower level or a lower closure for all. >> The crumbies would be unavailable at the next hearing, your honor. >> The crumb Yeah. >> Well, why don't we why don't we uh have them testify next time if need be? And
uh again it may be most of those facts are you know helpful background give me an idea of what happened but um obviously the town is focusing on 2022 and that time frame. The history makes obviously some difference because it may
it relates to the issue whether the property grandfather's in um and their information might be something that would be uh useful to the flood plane manager and reviewing that issue. But um why don't we uh we'll defer hearing from them until next time. If we need to take that testimony, we will.
>> Okay. I'm not sure. They are not available to come to the next hearing. >> Oh, they're not? You said >> they are not available to come. I'm sorry, your honor. >> Oh, I misunderstood. Um well, um I mean, how much did you want? Do you have a
lengthy presentation with them? >> Um no, I they just agreed to appear here. They Mrs. Crumby submitted a le of letter of affidavit that was provided I believe in exhibit
four and as you stated some of that is hearsay if they aren't here present to back up their statement. Crumbies are here to back up the statement that they've made and I can if need be make the other people would probably be willing to appear next month but the
crumbies are not available next month. >> Well, let's go ahead. I I mean u since they're here and and aren't available next time, let's go ahead and take their testimony um it probably won't take too long and then if we need it, we'll have it in the record. >> Okay. Thank you, your honor. Before I
step away, I'd like to thank you for your time today. >> You're welcome. >> Your honor, I also like to share that the next hearings have been set for January 6, 2026. It's a Tuesday. >> Okay.
Very good. >> Yes. >> But you can both talk. >> Good morning, your honor. >> Morning. >> Oh, okay. Here, come next to me. >> Okay. Where are the crumbies?
Go ahead. >> Okay. >> All right. Uh, can I get your names, please? >> I'm Helen Crumby >> and James Crumby. >> And you, sir? >> James Crumby. >> James. >> Mhm. >> And it's uh, Crumb is C R U M B I E.
>> Correct. >> Yes. >> All right. If you would let me have you each raise your right hand for me, please. You swear from testimony give will be the truth, the whole truth, and nothing but the truth. >> I do. >> Yes. All right. You've heard what's uh
transpired so far. Why don't you go ahead and uh either one of you uh if you'd like to go first, just go ahead and uh tell me I know you've got an affidavit here, but why don't you just go ahead and tell me what uh >> the thing >> what you want to say.
>> Yeah, we we uh purchased the home in 1998. And when we purchased it, there was already a gentleman, a retired postal worker, living downstairs on the first floor. He's living in sleeping there and
showering there and doing whatever business he had to do. There was plumbing. And uh we wanted to eject him as soon as we could after we bought the house because he was a real heavy smoker and everything was stained yellow from the cigarette smoke.
So, we actually evicted him about three or four months after we settled on the house, but he was living there, and I don't know for how long he was living there prior to us purchasing the property, but he'd been
there for quite some time, apparently. So, that's about all I can tell you. >> All right. Thank you. Uh, uh, Mr. Crumby, Mr. Grumby, do you have anything you want to add? I believe the people that we bought the
house from also in the owners what they refer to what Carol Thomas refers to as the owner's closet. I believe she ran a little business out of there. She had a hair salon. So there was plumbing. There definitely was plumbing all through that
lower level. >> All right. Thank you, Mr. Crumby. Mr. Town have any questions for either Mr. or Mr. Crumby or both of them? Not this time. No. >> All right. Well, thank you uh folks for coming in. We appreciate your time and your testimony.
>> You're welcome, your honor. >> Thank you. >> And Miss Thomas, did you have anything else um that you wanted to add? I think what we'll do here is we'll continue this until the January 6 agenda. That's uh will be next month about roughly 30
days from now. >> That'll be just fine. We'll be here. >> All right. If if need be, we will be here. >> All right. So, we'll continue the hearing then at that date if if we need to and uh uh we can pick up where we have left off and perhaps also hear more
from the flood plane manager about some of these issues that you've raised. Um and uh and we'll take it from there. >> May I ask? >> Yeah, go ahead. >> Um I'm I do have some concerns about the $250 a day fine and the $250 court fee.
I I is when does that go into play and should I be worried that I'm incurring fees and fines at this point? >> You aren't incurring any fees uh or fines at this point. Um that would be uh
part of the remedial action if you're found in violation. Um no, I haven't made a finding of violation yet. >> Okay. >> Uh we're continuing the hearing. So, if I make a finding of violation at uh next month's hearing or at some point after
that date, there would be a a compliance date established in the, you know, as part of that ruling. >> Okay? >> And you would have some period of time in which to bring the property into compliance uh to avoid incurring a daily fine. Um
if the property was not timely brought into compliance, then that fine would start to run until compliance had been achieved. But we're not there yet. We're getting a little bit ahead of ourselves. I guess the short answer is no. You don't have to worry about it today. Uh
but that would be something that could become an issue in the future depending on how things go. >> Thank you. >> Thanks for coming in uh uh Miss Thomas. And uh we'll be uh continuing on this
one until January 6, 2026. >> Okay. Again, I thank you for your time. >> All right. and I'll get with the flood plate manager and let you know as soon as possible. >> Okay. Thank you so much. >> Thank you, officer. >> I guess our next case is uh 297.
>> Correct, your honor. Um, good afternoon. Good morning, your honor. My name is Michael Herman, code compliance manager with the town of Fort Myers Beach. As a code compliance manager, I'm responsible for the day-to-day operations of the town of Fort Myers Beach code compliance department and supervised three code enforcement officers.
Case before you today is 2025828. Um, location 20 290 seminal way. Um, inclusion in the record, exhibit A contains notice of violation, notice of hearing, affidavit of service, proof of mailing, and proof of ownership. Um,
like to admit those into evidence at this time. I received those documents and items at this time. >> Initial inspection was conducted October 15, 2025. The notice of violation notice hearing was issued on October 20th with a compliance deadline of November 17th,
2025 with a hearing date of today, October 4th at 9:00 a.m. The notice of violation notice hearing was posted um at 290 seminal way and town hall on October 20th. Um, certified mail and regular mail were sent on October 20th
as well to the property listed at the Lee Lee County Property Appraisers Office, PO Box 35, Barcelo, Illinois 62218, and sent regular USPS mail to the location of the violations
290 Summon Way. Violation. Um remaining before you today is a um um interior um exterior remodel um was missing some information to obtain the
required permit um regarding values and um notice of commencement and um some various other paperwork. Um some further since the violation um further documentation has been submitted to the building department and is in progress
at this time. Um, exhibit B, um, also contains original inspection photos and evidence of the, um, permit in house. And also sent to you on exhibit C, affidavit of non-compliance. Um, property and records were reviewed on
November 25th, 2025 and this morning. Um, where the permit still has not been issued at this time. I believe the, um, property owner is here to speak. Um, if you'd like to hear from them. >> All right.
>> Why don't you come on up there? >> Good morning, your honor. Good morning, uh, Mr. House. >> Morning. >> Morning. >> What's your name? >> Uh, Kent Luper. L O E P K E R. >> All right, Mr. Luper. Before you begin, um, do you have any questions for
Officer Houseman? >> No, your honor. He's been working with me very well, and we just want to do the right thing. >> All right. Let me uh uh you want to testify? You want me to swear you in? >> I don't. Yes, your honor. >> Why don't you raise your right hand
then? Do you swear or refer the testimony you'll provide will be the truth, the whole truth, and nothing but the truth? >> Yes, sir. >> All right. Go ahead. >> Um I submitted as requested uh from initially everything that they asked uh
and been assisted because I don't do this. I but I try to do the right thing. So under I just recently put it submitted the notice of commencement got it registered and everything at Lee County yesterday and the owner builder
afford a affidavit was submitted. So >> you submitted an application for an after the fact permit to get this work uh properly. >> Yes, your honor. I Yeah, the permit that was in house was
just missing some required documentation and he is in the process of providing all that. >> Oh, okay. All right. Um, so what is the town seeking off in terms of a compliance state on this? >> Um, we're willing to give them an additional 30 days to get through the
permitting process or a fine of $250 a day thereafter. And there are court costs of $250. 30 days brings us to what? It's going to be around I guess around January 6th. Do you have the exact date? >> I apologize.
That would be fine for me. January >> January 6. >> Yes, your honor. >> Yeah, it gets us past the New Year holiday. So, it's January 6 on the right. And let me go back then to
Mr. uh Lur. Um if we set a compliance date of January 6, 2026, uh do you have any that's what the county, excuse me, the town is requesting. Do you have any uh any response or objection to that? >> No, your honor.
>> No. No, sir. >> Okay. So, what I'll do on this then is I'll receive the exhibits and evidence. I'm going to make a finding of violation as to the charges set forth in the notice which uh I I believe are not in dispute. The owner has uh established
and I think it's undisputed that uh the uh remedial actions are underway and the the permitting process is uh underway. And so we're going to set the compliance date to January 6, 2026. If the property is not in compliance by
that date, we'll start running a $250 per day fine on January 7 and run that fine until compliance has been achieved. So, celebrity, you do want to stay on top of this and make sure it gets uh gets uh uh taken care of before that date and brought into compliance so that
you don't run into uh to that kind of of a financial penalty. Uh, I am also going to need to assess by statute the prosecutotorial costs which will be $250 uh for uh the uh the cost of maintaining
this code enforcement action. Um, Mr. uh Leopard, do you have any questions? >> No, sir. I'd be happy to work with the city. >> And officer Hman, is there anything else the town needs on this one?
>> Nothing further, your honor. All right. Very good. Thank you for coming in. Uh, Mr. Ler, you all are free to go. >> Oh, I'm sorry, your honor. >> Okay. Thank you. >> Said thanks for coming in. You're free to go. >> Okay. Thank you, your honor.
>> Your thing. >> Thank you, city. >> Sure. >> All right, Officer Osman. Do we have any other um >> Nothing further today. Nothing further today, your honor. >> All right. So I think I only I've got we
continue the one case one's in compliance. So I just need to get you out of order on this Leper case on seminal way. >> Correct, your honor. >> All right. Well, thanks very much. Um uh
I will I'll get that out to you and um uh seeing no other business to attend to uh this morning, we will be adjourned until next time. You take care. >> Thank you. and our happy holidays to you. >> You too.