Um, we're going to start over and this one will be the real one. Are we ready? All right. So, I'm going to call us to order again. Um, my name is Monica Schmecker. the appointed special magistrate to hear today's code
enforcement hearings pursuant to chapter 2 article 5 of the former Myers Beach land de land development code and Florida statutes chapter 162. I've approved the minutes um that we have on the agenda and next we're going to hear
the cases that are on the agenda in the order in which that they appear unless we make any changes at this time. >> Code enforcement manager Michael Howerman. Um item number A 20251015
7904 Sterile Boulevard is in compliance and will not be heard today. And item I case 202588 1339 Santos Road is in compliance will not be heard today. All right. We have two items that the um
town and owner is requesting a continuence of 30 days. Um item F 2025 1067 Tavia Investment Real LLC 61 Flamingo Street
and item H 2025 11131 TNI Global LLC 175 BA Bajavia. um owner has made efforts to come into compliance and is out of the country at the present time. >> Okay. Continuence you said for H also 30 days or
>> also 30 days. Yes. >> All right. No problem. Okay. Is that all for those? >> That's all for today. >> Okay. Perfect. Okay. So um [clears throat] these will be quasi judicial hearings
which means that they're similar to cases in court. Uh the rules are less formal. Formal rules of evidence do not apply. Fundamental due process will apply. I'm going to listen to the facts and the evidence before me and apply them to the applicable law. In all cases, the town will have the burden of proof, will prevent will present its
case first, and then the respondent will have the opportunity to speak, present evidence, um, and refute the town's allegations after the town is done with its presentation. All parties who are here to speak will have the opportunity to do so, including those that I I see we have electronically,
uh, via video. Um, 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. Um, at this time I'd like to ask everybody to stand up. Who will be testifying?
So, you can raise your right hand for the taking of the oath. Thank you. Uh, do you swear or affirm that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? >> Thank you. All right. You may be seated. And with that, the town can call its
first case. I believe that we have a status update um which is the GIE FMB case number 2024 0936 property address 126 Anchorage. You may proceed.
>> Yes. This case was originally heard um on September [snorts] 2025 um ordered on September 12, 2025 to come into compliance on or before October 31st, 2025. um or a fine of $200 a day be thereafter
be assessed. Um this is in reference to um building permits on a ground floor residence um regarding exterior walls and plumbing related um issues. Um I did um file an affidavit
which is in the record um an affidavit of non-compliance on November 24th, 2025 um that the permit had not been obtained for the referenced um unpermitted work. Um the owner has um made attempts to amend the
h permit in house to address um the violations that were cited under this original notice. Um we have a representative from our flood plane um that can explain a little bit more detail what the issues were on the first floor. Um but it isn't
currently in review um excluding the um plumbing issues. >> Uh good morning. Kelly Deferricius uh town of Fort Myers Beach flood plane manager. And um as a followup to what Michael was saying, currently right now um I have did a requires resubmit for
their revision. They so to start from the beginning when they applied for an application, what was approved were these walls that were knee walls. They were like walls that were halfway up, not fully up to the underside of the structure. It's an elevated structure. And so they constructed these walls all
the way up um higher than what was originally approved. So they worked outside the scope of work. when FEMA came through and was doing their audit, they're like, "Can we have all the permitting documentation for this structure and that's when it was discovered that they did not um follow
through with their permit and that they worked outside the scope of work for their permit." And so with that being said, they have came in and I've met with them a couple times with regard to the plumbing on the ground floor is not allowed. Um storage access parking is
are the only items allowed on the ground floor. So they have plumbing and the walls. They came in for a revision with their permit that they um worked out the side outside scope of work for to permit the walls. The walls have been approved by the structural reviewer and they have
provided documentation and they'll get their inspections for the walls. The plumbing has not been rectified yet. It has not u they have not submitted plans for the removal of the bathroom and the covering of the plumbing there. So, as of right now, until we get um
documentation that that bathroom's going to be removed, they have not followed through with um the the requirements of flood plane management by not removing the plumbing in the bathroom yet. So, um that's where we are with this right now. There's no documentation I've done.
Um their their disagreement, the owner's disagreement is that that bathroom's always been there. um through review of property appraisers and aerials and just photos property appraiser has you can see that it was an openired structure underneath until they put those walls up
which enclosed the area and now has a bathroom under there. So before it was lattice and like just wood on the exterior and you could see through it that there was no plumbing or bathroom on the ground floor. We're not um property appraiser has this structure as a 22 with that bathroom. It makes it a
23, which there's no record on property appraiser or taxes being paid on this bathroom that never received a permit and um shouldn't be there. So, that's where we are with that. >> Okay. Thank you.
Is that for the town for now or do you have additional comment? >> That's correct. To to remove the plumbing and and finalize the permits. Um they are on Zoom for comment. >> Okay. Thank you. All right. Mr. Mr. Mr. Mrs. Geese, can
you hear me? Okay. >> Okay. Good. We can't hear them though. Are they Is there a volume >> on just now? >> It's on now. >> Okay. Good. Good. >> All right. Thank you. Good morning. You may proceed.
>> Good morning. I can't tell you how that washroom bathroom got in. I have no idea. The bottom line is when we raised that home, we tore out the slabs, we discovered that the cast iron
plumbing that was under the slab that took care of the washroom bathroom was deteriorated. We replaced it and that's the bottom line to that whole deal. Um, there was an enclosure underneath that housed there was a washerd dryer that sat on
the slab and in the enclosure there was a makeshift bathroom, let's put it that way. It wasn't something that I would typically build being in the construction business, but it was it was the plumbing was put back for that bathroom. I understand the I understand
the severity as it relates to water now since we've had the storm. I get it. Um, I don't have a problem with abandoning that bathroom. I don't want to, but I will. I will comply with it. Um, I
intend to, um, cap off the the plumbing down there, the DWV, which is drain, waste, and vent. Take it out of there, and that'll be that. We're going to leave the room as more storage since I have a storage room behind that originally, which is back now again. And
we're going to turn that room into storage. Bottom line, in terms of the skirting that was around the outside of that house, there was old wood slatting as it was referred to. It was and we replaced it years ago when we raised the house with AAC skirting. It's a it's a poly
product. It's a manufactured product that is impervious to water, uh, rodents, bugs, anything else. Um, I had no idea when I replaced those walls downstairs. I had no idea where I was going. I do
know this. In years past, number of years ago, we were we were upstairs. It was early one morning. I heard some movement on the outside of the house since the floors are not insulated underneath this unit.
And I told my wife, I said, "I have no idea what that is, but I'm going to go downstairs and find out. So, I put some clothes on, went downstairs, walked around the corner, and here's a guy siphoning gas out of an automobile that I keep underneath that house, out of my car. I said, "Son, what
are you doing?" I said, "It's pretty obvious to me what you're up to." I said, "My suggestion to you is don't do it." I said, "Unless you want to walk out of here on your own power." I said, "Um, you better leave." His buddy was across the street in the church parking
lot. They had several gas cans. They had obviously done it in other places and they were try, as it turns out, I called the sheriff, had the sheriff come out. Sheriff ran them down two blocks down. They were doing it again. [clears throat] And that's just one issue I have with having that thing open
underneath. Um, the other thing is it it keeps out um it keeps out snakes, palm rats, u iguanas. I've had a myriad of things underneath that house. when we closed it in, we closed it in for that purpose.
>> Talk about how many times we have been down there that you have been down there. What came to light recently was after the storm, we were working on a permit before and then after the storm, Bryce submitted all the new application
and on that application was what he was doing. what he was it was right on there. What just came to light was in all the meetings that we've I have been out of this just listening
from the side, but Bryce was down there the day after the September hearing because we had a meeting with the town and didn't know we still had to come to the September meeting. We had just gotten down there. So therefore, we
weren't intentionally not coming. We thought we were supposed to go to the meeting with the people that we were meeting with the building department. Well, at that time, what came up as my understanding after asking Bryce several questions was that um they I'm going
back to this wall. That was what I'm talking about. The the enclosure of the taking the skirting off because it was all destroyed. Um, and what he did then preceding the storm was closing it in
with the framing, the stuckco and which was on the original permit. But what got left off was nobody ever ever in two years, this has been going on two years of trying to get the permitting
correct. um was at that meeting they said get us get a engineer's letter for the outside stuckle they did >> well as soon that's all they told us we immediately did that it took three to
four five weeks for us to get that letter um and that was what I was actually bringing down because we had called and called trying to reach Joe trying to reach Kelly we left quite a few messages kind of gave up, you know,
waiting for somebody to call us. >> And but that was the first time anybody had even said, "Get an engineer's letter for this, you know, what you did differently from the skirting." But what was discovered a week ago when I came in
and had a conversation because I was bringing more documentation down to Kelly at the time along with that engineer's letter was nobody until we called and spoke to somebody on your staff was
um that we needed to do a revision form which we didn't know anything about. Nobody in two years told us this and we had to do this drawing. So we went, what what revision form? We don't nobody's ever mentioned we had to revise the
original permit. It was on there. $7,500 for Stuckle was all on there, but that permit had been abandoned and then they are using the original permit that had not been in. We were not under any information that it had been finalized
because we had just been down there two weeks before the storm. So, we weren't aware. How could it how could it have gotten finalized? Um, so as soon as we learned, we had to do a
revision form and send in a drawing of what he did. And we both engineers letter. We emailed all this. I sent it to so many people in the departments. Um, we did it immediately.
But what I don't understand is how could we go that long sat in so many meetings in so many different locations and several different building department heads and nobody said you have to do these two steps. It was so simple once
we were told what we had to do for that wall that it blows my mind that [snorts] why has this gone on so long that nobody gave us the actual steps to take. >> In conclusion, there is an engineer's report down there and it's pretty
specific on what I have to do and relates to making those walls completely for her compliance. Dice gal, very well educated gal. She said, "You're going to have to cut control joints in those in those sections between those columns." I said, "I get it. I do it for a living." I said, "I
can do that." Um, I said, "I'm I'm going to have to I'm going to have to have some time to do it, though, cuz I'm going to have to take a dental saw and cut them since it is stuck cement stuckle." And I said, "We can do that sometime in January and make those completely compliant as it relates to
breakaway walls." I said, "I get it." >> And because we will not be back now until mid you know, latter part of January. We just returned home yesterday. >> So, okay. >> I mean, that's what I don't understand
is >> So, my my understanding is there's two issues. There's one with the walls, which the walls we've got relatively almost sorted out. They're in review for the walls. The real pending issue is the bathroom. >> Correct. >> Exactly.
>> Okay. So, and that's been kind >> that's kind of been a mystery to us, too, because we thought a year ago when we jumped through a bunch of hoops last November when we were down there, we talked to um Carl Carl Thomas.
>> So, let's let's take this one one issue at a time. Okay. So, with the walls, we're okay with putting that on hold until we can figure out whether or not that you said that's in review. So yes, the walls are the wall has been approved by the review has been approved by the building official who does the
structural review and I spoke to him with regard to that. You are correct with the structural letter and the requirement and he um had added inspections to that. So when he goes out and inspects what was suggest or what was required on that engineering letter when you pass those structural
inspections is when the wall will be compliant. So the building official is aware of what he is specifically looking for because of that letter. But now with >> so we're going to we're going to table that one because that one is is in the process of becoming compliant. What I'm
really more concerned about is the bathroom and my questions are in order for that to become compliant it would have to be removed. >> Mhm. >> Okay. does what does he need to do in order to remove it as far as permitting
or submission goes because you you specified a plan or a drawing. >> So the um the removal will be part of his revision that he submitted. So they've done a revision um with regard to the wall. So, they've they've done that piece, but um I can't approve that
revision until I get the bathroom removal plans because when you do the bathroom removal, you're going to have the inspector come in and check and make sure everything's capped off as well. So, you're just going to submit a drawing showing where that bathroom is, how you're going to be capping it off,
just as you explained to us. And then with when that is uploaded and submitted, I will sign off on the review. the inspector will validate it in the field that it's been covered. There's no plumbing. You're not going to be able to put that bathroom back in. And then that is how the permit will be closed. And so you have to add that to
the revision. >> So let's be let's be specific on let's be real clear on this. >> My intent is to cap off the plumbing in that room. I have to cap well when I do it. I'm going to have to cap off the shower drain. >> Correct. >> Concrete in that. I'm gonna have to cap
off the laboratory, which I can remove that's in there, >> and I'm gonna have to cap off the stool drain. I intend to do that. >> Yes. >> What you're asking me to do, I think, is give you a drawing on doing this. >> Well, you could use the property appraiser sketch showing the location of
the bathroom that you're going to be capping off. So, you just have to show on a plan where you're going to be doing it. And you could just write on that plan also what you're going to be doing. It doesn't have to be anything fancy or super detailed. You just you can use a
property appraiser sketch showing where the bathroom is and how you're capping it off and the details. >> Is there a revision form we have to use? >> You already have submitted a revision. So, you're going to be responding to my requires resubmit. So, you'll be uploading that document to the portal.
>> Oh, wait a minute. Say that again. You are go going to be responding to the requires resubmit in your permit that I've done by uploading a document with the details you've just described >> and we haven't received that from you yet though. >> That was the requires resubmit was done
this morning. >> Okay. I don't >> All right. Okay. >> I guess we [clears throat] haven't >> Did you send it to my email? >> I don't send it out. Cyerspace sends it out. So when I do a requires resubmit, then the permit tech out processes everything. So that that can take a few
hours because it does have to go through cyerspace. >> I have to tell you, we're a little nervous about cyerspace since we got hacked yesterday and were asked to pay $4,950 to your department. Yeah, >> we're a little >> we're a little concerned right now. >> Okay.
>> You do know we were hacked and it came from your departments, >> Michael. >> Michael knows about it. So, we're a little cautious here about stuff. >> Hey, Michael, can you hear me? Yes, we are working with the sheriff on that because it was not just you. A couple people got that email. So, we're trying
that. >> Okay. >> Well, that'll be separate. Sorry. >> I'll call you. I'll call >> We're not going to address that here right now. >> Call you on that. >> What we are going to What I am going to do is we're going to table the discussion about the walls just to make sure that that does get completed. [snorts] Um, and if there's anything
else that needs to be done that that gets addressed in due time. But since that ball is rolling on that, then we're not going to issue any sort of order on that because I want to make sure that that works out and it looks like it will. Okay. Um, as far as the bathroom is concerned, Mr. Mr. uh Mr. and Mrs.
Geese, what you will need to do is when when you you do get the email for the uh is a require revision. Yeah. >> Okay. So, or resubmit a resubmitt of something. Okay. So then how much time do you believe you would need to submit
a drawing uh pursuant to the request that the town is asking which is the drawing that includes the bathroom being removed and the plumbing being capped off and then >> I have a drawing downstairs on my drafting table. I can send it today. >> Okay. >> It's not a problem.
>> Well, I'll give you a little bit more time than that. Um but uh so what we could do is give them I don't what would the town request for for them to make sure to submit that that drawing to get the ball rolling on >> if he says he's going to I'll just put
myself a calendar reminder if I haven't seen it in a week I'll just reach out directly to him and send him but I it looks like they're sounds like they're very adamant about getting it correct >> and it sounds like they're ready to do that. So what we'll do is I'll give you say a week to get make sure you get that submitted and to continue to work with
the town to make sure that that becomes compliant. It is it is evident to me that the geesees want to become compliant and they want to work with you to do it. So I do not want to penalize them at this time for for that as long as the ball continues to be moving.
However, Mr. and Mrs. Geese, I will tell you this. I do expect that the ball continues to be moving to be compliant. So, so please keep working on that to get to where we need to be. Okay, >> we'll do. >> Okay, does that work? Yes. >> All right. So, what I'll do is I'll
issue an order just with the findings of fact of what we've what we've decided today. I'll I can't give them a week to become compliant because then you guys will have to be um you know, review it and do whatever the next steps will be. But I will put on they they they will be
submitting the next step anyway in a week and that they will continue to to move towards compliance and that they will be expected to be in substantial compliance within the next 30 days which you know when we have another hearing. Okay. >> Well, we won't be able to be in compliance.
>> Well, we won't be back till January. >> I I I understand. But what we've got going right now are the plans and the permitting, right? So, all of the next steps need to be taken. Okay. >> Right. Okay. All right. >> Okay. So, question, Kelly. >> Yes, sir.
>> If I send you this drawing, what else above and beyond that do you need? Be specific. >> I just as I specified, we'll need details of exactly how you're going to be capping it off. Are you going to be soldering it? Are you going to be dumping cement down the drains? How are you going to be capping off the how are
you be going to be capping off the the plumbing? Um, and then just like I said, the location on a plan and exactly how you're going to be doing it. So, Just details. >> I can do that. >> Okay. >> Okay. Um, is there anything else from
the town that you wish to address at this time? >> No, you're on. >> Okay. So, are we okay? Are we okay with setting a status conference for the next the January hearing January hearing >> which is more than 30 days because it is mid January.
>> So, is that okay? All right. We'll set it for status. Did you have something to say, Mr. Geese? you wanted to add >> to extend our >> well the permit the permit that Joe and I uh combined months ago uh 181692 and 233111
Joe and I met and combined those two permits so it'd be easier for the inspectors to do the inspections on the property. It was just too convoluted with having two two permits. Um no I really don't have anything else to say. I there's nothing else I can go over there. We do have our extension approved.
>> The the extension is through on that particular permit 181692 is through February I believe it's 15th and yes by February 15th I'll be done. So >> okay. Um we have the next status conference hearing is January 15th. We can just check where you are on things
at that time. When did you say you will return? Before that or after that? >> Mid January. >> I will be back uh mid January. >> Okay. Well, hopefully you'll be here, but if not, we can do it electronically as well so we can discuss your progress. Okay.
>> Thank you. Thank you. >> Okay. Is that is that all as well? All right. >> Yes, your honor. Thank you. >> All right. Thank you. So, then we are done with that case. Thank you. You have a good day. >> Thank you. >> Um the next item is uh violation cases.
Uh item B FM case number 20251012. Um, property address 2654 Eststerero Boulevard. Respondent is Astero Beach Club East Condo A. We have Officer Chavez.
Are we ready to proceed? Do we have a respondent on that one? Nope. Nobody here for that. Okay. Uh, >> yes. Hi, your honor. That has been complied. I'm sorry. >> I'm sorry. >> It has been compliant. >> Okay. Item B, they are compliant. >> Yes, ma'am. I mean, yes, your honor.
>> Okay. Um All right. Well, that works. Do you need an order of compliance or did you guys close that out? >> I just closed it out already. >> All right. So, it's dismissed. >> Yes. >> Okay. All right. So, the next item is item C. FB case number 20251135.
Property owner Beach and Sunsets LLC. Property address 4255 EO Boulevard. >> Okay, you may proceed. >> Good morning, your honor. My name is Marshall Chavez. I have been a code compliance officer for the town of For Myers Beach for a year and six years
prior with another jurisdiction. have been sworn in and will be providing testimony and documentation for case 2025 11:35. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted as evidence.
>> Um I have exhibits A and B and they've been reviewed and they will be accepted. Well, is there a respondent here on that one? No respondent. Okay. So, they'll be accepted in evidence. >> Okay. >> A and B. >> Thank you. Uh the subject property is located at 4255 at 7 Boulevard, Fort
Myers Beach, Florida 33931. Exhibit A contains a notice of hearing sent on November 4th. Affidavit of notice, hearing and posting, proof of certified and regular mail, and photos of the no posted on site and town hall on November 4th, 2025. The documentation that the
respondent, Beach and Sunset LLC, owns a real property that is a subject of the code enforcement case. Included in exhibit A is a copy of the Lee County property appraiser and that demonstrates that notice was provided to the property owners and affidavit of their compliance with photos completed
by employee officer Chavez. Drew and unaltered copies have been marked as exhibit A. [snorts] On November 4th, code court code officer Mar Travis observes beach and sunsets LLC in violation of the town for Myers Beach Code ordinances LDC section 6-1
adoption of international property maintenance code 308.1 accumulation of rubbish or garbage and section 6-2 weeds accurate and unaltered copies [snorts] sorry of the photos have
of the photos taken on the day of the first inspection November 4th 2025. The notice of violation and photos sent certified mail to the property owner and first class mail. The NOV was posted on site and on town hall on Arber 4th or have been marked at exhibit B.
Officer Travis performed a reinspection on November 26, 2025 and the subject property was still in violation of the town of Formy Beach ornances. An affidavit of non-compliance and photos of the in inspection are marked at exhibit C. Okay. Uh, Beach and Sunsets LLC was
given 20 days to bring violation to compliance with the town of Fort Myers Beach ordinances which was on or before November 4th, November 24th, 2025 as a result of the subject property owner's ability to not bring subject property into full compliance with town
code LDC. Section 6-1, adoption of International Property Maintenance Code, code 308.1, accumulation of rubbish or garbage, and section 6-2 weeds. Based on my sworn testimony and evidence that has been presented to you, including exhibits within the agenda packet, the
town of Form's Beach would like to ask that on the Florida statute chapter 162 and Town of Form Beach land development code sections section 2-427 be impose an administration fee of 250 to cover the cost of bringing this matter before the magistrate. Thank you.
>> Are you requesting that exhibit C be admitted into evidence? >> Yes. >> Okay, I'll um I will admit it. Okay. Um, am I right that the initial notice was November 5th, 25? >> Yes. >> Okay. Um, I'm going to >> I'm sorry, November 4th.
>> November 4th. All right. Um, I am going to allow 30 days for for them to come into compliance simply because I want to make sure that there's sufficient time for them to receive the notice of the order and everything since it's fairly recent. Um, and
I'll I'll do the the 250 administrative fee for them not coming into compliance. Um, excuse me. I'm sorry. Excuse me. Um, they are in communication with me. They said that um by December 10th, everything should be >> okay. >> Done. But
>> all right. >> We could give them to January. Yes, >> that's fine. They could be done by December 10th. That would be great. Um >> perfect. >> But I want to make sure that the the not everything gets to them because it is, like I said, it is fairly recent. So, I'll allow 30 days because after they do
become compliant, they still will have to contact the town to verify that compliance. So that'll give them a cushion as well if they need to fix anything else. Okay. So I will allow them 30 days in the order. Um you did request the 250 administrative fee, correct? >> Yes, correct.
>> All right. I will grant that. I'll issue an order. Um and if [snorts] if they are compliant by the next um January 15th hearing, then great. Then we could um issue an order of compliance at that time. Otherwise, then we could assess a
fee at that time. Okay. >> No problem. Thank you. >> I'm sorry. We could assess a fine at that time is what I meant to say. Um, all right. Is that all for that one? >> Yes, that's all. >> Good. So, then we can move on to the
next one. The next item I have is item D. FB case number 2025 0968. Property owner Cecilia Gonzalez. Um, property address 155 Hibiscus Drive. We have the respondent here. Okay,
great. You're more than welcome to come over here and have a you can stand there. >> And good morning for the town. We have Good morning, Terry W. Okay, you may proceed, Miss W. Good morning, your honor. My name is
Terry W. I'm a code compliance officer. I've worked for the town of Fort Meyer speech for a year and a half. I've been sworn in and will provide testimony and documentation for case number 20250968. The documentation is attached to the agenda as exhibits and we ask that all
documents be accepted into evidence. [snorts] The subject property is located at 155 Hibiscus Drive, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation, notice of hearing and photos
of the violations, all sent October 16, 2025. Affidavit of notice and posting copy of certified mail receipt and photos of the hearing posted on October 17, 2025 on site and at the town hall building. The
documentation that the respondent, Cecilia Gonzalez, owns the property at the subject address is all part of this code enforcement case. Included in exhibit A is a copy of the Lee County tax notice, the Lee County property
appraisers printout, both showing ownership of the property. The notice of violation and notice of hearing certified mail has not been returned to the town. True and accurate and unaltered copies have been marked as exhibit A and accepted into the record.
>> We haven't admitted them yet. >> Would you like to >> You don't have copies of all? >> I do. I just You haven't requested them to be admitted. So, I'm going to have ask her if she's reviewed A, B, and C. Okay. >> Um, so exhibits A, B, and C, which
you're referencing, were uh attached to today's agenda. Did or online? Did you have an opportunity to review AB and C? >> I did have an opportunity to review it. Um, I am a school teacher. Unfortunately, I took the paperwork to
school and I had not >> That's okay. I'm just asking you if you've had an opportunity to review it and whether you have any objection to the documents themselves. Now, >> you have no objections and I am taking steps to correct them. >> Okay. So, no, no problem. I just want to
make sure you don't have any objections to the document themselves. I will admit A, B, and C into the record. Okay. All right. >> Um, Cecilia Gonzalez was given 16 days to com come into compliance with the town of Fort Myers Beach Town or uh code
of ordinances section 6- 6-1 303.1 6-1308.1 sections 34-1176C1 6-2 302-.4 four of the Fort Meyer speech code of ordinances
um and giving her time to comply which was on or before November 1st, 2025. On November 4th, 2025, the town completed an inspection and found the property to be non-compliant. And that would be exhibit B with photos
of my inspection. Um, and then this morning the town completed another inspection today, December 2nd, 2025, and found the property still to be non-compliant. And I have photos and an affidavit of non-compliance
for you and for the property owner. >> Good morning. Thank you. Miss Gonzalez, just take a look at that and let me know if you have any objection to that being admitted. >> No, your honor, I do not have any objections. >> Okay. Thank you. Exhibit D will be
admitted. [clears throat] >> Thank you. as a result of the subject property owner's failure to bring the property into full compliance of the town of Fort Myers Beach ordinances and based on my sworn testimony and the evidence presented to you including the
exhibit exhibits in the packet and the the exhibit that just recently gave you. Um we're asking that an order be issued and the town would like to impose the $250 um administrative fee for bringing this case to the special magistrate. We'd
also ask like to ask for $250 day fine till the property owner ms the grass, maintains the lawn under 12 in in height, cleans all rubbish, garbage and debris from the property and secure cures the pool and treats the water to
eliminate mosquito larae or apply for a permit to um demolish the pool. And that's all I have to say, your honor. Thank you. >> Thank you, Miss Gonzalez. >> Okay. Um, I did receive this and I took
it to school and I had misplaced it. Actually, I found it last night. We took care of it this morning. Early this morning, we contacted someone already and he is going to begin tomorrow to remove the rubbish and to get the um the
property back in order. Um, as far as the fencing, we thought, excuse me, we thought that the fence that we had put up because it was originally way back maybe two years ago or a year and a half ago put up by our contractor. We lost
the um the permits and the contractor walked away. He did not do anything else and we went back and we put up a fence. Now, the fence fell or was pushed through um which was a temporary one and we are willing to go ahead and comply
with whatever needs to be put up there on around that pool. Okay. Thank you. All right. Um you said you had contacted somebody. Do you have a timeline on when you're looking to clean up the area?
>> Yes, I have his card right here. He's starting tomorrow. >> Okay, good. As far as the pool is concerned, um I I know there's the fence situation. Miss W, was there a temporary fence left at some point? Is that >> Yes, it's still there, but it has fallen
in several places and there is water and debris in the pool. So, it is unsafe and probably producing mosquito larae. >> Right. Okay. I am going to issue an order. I'll give you um I'll permit 30 days to get everything in order, including the pool. The pool will need
to be treated. If you need to put up a fence, more than likely, you're going to need some sort of permitting. So, you'll need to go through that process. Please do not delay because permitting is a process. Okay? So, just because I give you 30 days, please do not wait 29 days.
Please get that started immediately so that we could get a fence. That is a safety concern. Yes. >> Okay. So, we want to make sure that that gets taken care of. All right. Um so I'll issue an order um pursuant to that you will have the um
the responsibility to contact the town uh when somebody when something does become compliant. So once you've got everything cleaned up and the pool is ready to go you it will be your responsibility to contact code enforcement and let them know so that they can verify compliance. Okay. They very kindly can go out on their own but
they are not required to do so. So in order for like if if we show up here and you haven't called and said, "Hey, I've been compliant. Can you please come and verify >> then you can still be you know non-compliant as far as the fencing is concerned, we'll have to check to see where they are on that permitting." I would imagine that is a fairly simple
process, but please get that started so that gets done. Okay. So 30 days on that. >> Um you will assess a fine at the next hearing if necessary. Okay. >> Yes, ma'am. Thank you. >> Um Okay. And >> go Yeah. Are are you Okay, come come
come on up. >> What I want to add is u >> Well, I guess it's up to Miss Gonzalez. >> Yes, >> Fernando Dega. We had a major issue with the contractor that was on board from day one.
And it took two years for us to find out that the building was unsafe after we had spent most of the insurance that the mortgage company was holding hostage. to get the building corrected. We had engineering surveys done on the property
from day one saying the property was safe. We went ahead and did drawings again with Atlas engineering to mitigate where the window that fell off and build the beams again and pour concrete the
correct way. And then the permits get pulled out [snorts] two years after all that money was spent in the building. And now we're being told demolish or raise which it will be an option for her to decide. But it's unfortunate that
this kind of stuff is happening in Fort Myers Beach. Not only did we have a issue with Ian, we're also having an issue people's lives that are getting destroyed. We have a lean on the property by set contractor because they
want to get paid in full when they only have completed maybe 50% of the work. And we're going to have to solve that with a lawyer to try to get that guy off. He still has his sign there. When we told him about the fence falling down, he did nothing. I went with her to
Home Depot, bought an equivalent fence that our neighbor has next door. [snorts] We didn't know anything about this 4ft fence that now we have to build. So, we never got documentation that says, "Your fence is inadequate. Go upgrade it." Right. It did fall off. I
saw the pictures and we were just there this morning. >> We went with a landscaper who offered to clean the entire property, remove the the garbage that our people are dumping onto our property, right? We got wheelbarls from our neighbor. Most
likely he cleaned his left wheelbarls with bricks that we don't even own in the backyard. If you go take a picture, uh fences that fell over from we still had garbage in. I went and sucked the But you know it rains here. Want to come
back. But we'll treat it. I'm going to make sure we shock it first and then treat it for mosquito. But I can't do anything about the water. It's going to come back. So it's unfortunate. But and you can't have an empty pool in the summertime because it's going to pop up and she wants to sell the property
someday maybe with a pool. So I don't know how we manage that but we'll take care of this in two days. The contract we're coming back Friday night. So Saturday we're going to inspect that he cleaned it and then I'm going to fix the fence post that are broken. That's why
it's fell down. >> You need a permit >> until No, not for the temporary. Then we'll get a permit. If you have to build a 4ft or 6 foot picket fence of some sort, I'll get a permit. We'll do that. So look at that.
>> Okay. where um when we go for permitting, will they let us know what we need to do exactly for the fencing? >> Yes. >> Okay. >> The spacing of the post. >> Mhm. >> It's going to be adhere to the house. >> I would say chain link is probably your
easiest bet. But >> because I can drill to the concrete that's there around the pool. >> Okay. Whatever you decide. >> Attach it to the wall of the house of all sides and maybe to put a door. >> Yeah. Whatever you decide as long as it passes what the building department requires for safety.
>> Okay. >> So, okay. So, um go ahead and I'll issue an order giving you uh 30 days to come into compliance and we'll assess in uh January hearing which is January 15th at that point if there's any fines or or
fees to assess. Okay. >> Just keep in contact with me ma'am. I appreciate it. And right now, just I I know you talked about other items, but right now we're worried about securing the pool, cleaning the pool, and cleaning and mowing the area so that it is it is clean and neat. Okay. >> Mhm.
>> Um, anything else? >> No, ma'am. >> Okay. All right. You are free to go today and hopefully hopefully we'll have everything figured out by the next hearing. Okay. Thank you. Have a good day. Unfortunately, that we're in Miami >> and she doesn't get the documentation.
Sometimes the letter gets place and things like that, but we'll take care of the issue. >> Okay. Thank you. >> Much appreciated. Thank you. >> Thank you very much. >> Have a good day. >> You too. And take a quick 30 second break. >> [snorts]
>> All right. The next case that we have is item E on the agenda and it's FMB case number 20250722. Property owner Robert Yank or Yankee. Uh property address 167 Chapo Street. Do we
have a respondent present? >> I don't believe so. >> Okay. Um thank you. Town, you may proceed. >> Good morning, your honor. Again, Terry White, town of Fort Myers Beach. I've been a code compliance officer for a year and a half. Um, I've been sworn in
and will provide testimony and documentation for case number 20250722. The documentation is attached to the agenda as exhibits and we ask that all documents be accepted into evidence. >> I have exhibits A, B, and C. Um, and
seeing that there's no respondent, then uh I will go ahead and admit A, B, and C. >> Okay. Thank you. The subject property is located at 167 Chapel Street, Fort Myers Beach, Florida 33931. Exhibit A contains a notice of
violation/notice of hearing and photos of the violations. All sent September 30th, 2025. Affidavit and notice of posting, copy of certified mail receipt, and photos of the hearing. photos of the notice of violation and
notice of hearing posted on October 2nd, 2025 on site and at the town hall building. the documentation that the respondent Ronda Ronald Yankee owner of the real property um of this code
enforcement case including in exhibit A is a copy of the Lee County tax collector's notice uh Lee County property appraisers printout both showing ownership of the property the notice of violation notice of
hearing who was sent certified mail and the green card was returned and signed. Um, there's a stamp on the green card stating it's a Fort Myers Beach stamp, October 15, 2025. All true and accurate
and unaltered copies have been marked as exhibit A and accepted into the record. Ronald Yankee was given 30 days to come into compliance with the town of Fort Myers Beach Code of Ordinances section 6-501
6-5256-441 um all revalent to um permits required for the sheds that he's put on the property which he did not receive. Um, again, he was given 30 days to come into compliance, which was honored before October 30th, 2025.
And on October 30th, 2025, the town completed an inspection and found the property to be non-compliant. And all this, please accept uh the affidavit of notice of compliance and photos into the record as exhibit B.
Um this morning the town completed another inspection December 2nd, 2025 and found the property owner still to be non-compliant. Um please accept these affidavits and photos >> marked um
let's see we'll call this exhibit. Yes, please. Um photos of today and affidavit of non-compliance. and bring that over. Okay, I will admit D into evidence. Um, as a result, the property owner's failure to bring the subject property
into full compliance of the town of uh, code of ordinances and based on my testimony and the evidence that is presented to you um, including the exhibits within the agenda packet on behalf of the town of Fort Meyer speech, I would like to ask for an order to be
issued. Um, we would like to impose uh the administrative fee of $250 to bring this case to the special magistrate and ask for $250 fine for each day that the violation exists. Um, either until the sheds are removed or until the property
owner applies for and receive the permits required for the sheds and to follow through to issuance uh for of that permit. And it's considered a called a residential permit for accessory structure.
Have you had any communication with the owner? >> None. Okay. Um. All right. So, I will issue I'm sorry. Is there more? >> Oh, no, ma'am. Thank you.
>> I will issue an order allowing 30 days to come into compliance. I will assess a $250 administrative fee for not coming into compliance within the time initially given. Um, and 30 days from today will be January 2nd. So, as of
January 2nd, if they have not come into compliance, which would mean either removal or at least submitting the necessary paperwork for the permitting and getting that going, um, I will assess the fine. I will have to I will take [snorts] under adisement the amount of that fine just so it is consistent
with other non-permitting um issues but I will put that into the order which I'll I'll issue within the next few days. Okay, >> I appreciate that. Thank you. >> Is there anything else that I need to address? No. And in the order I will also put the responsibility on the owner to make sure that they notify you when they do come into compliance so that you
can verify that. Okay, >> sounds great. Thank you. >> Okay. All right. Thank you. I think that's it for this one, right? >> Yes, ma'am. Thank you. >> Thank you. All right, the next case that we have, I know we we've asked for a continuence on item F. So, item G, uh, case FMP case
number 20241153, property owner, >> [clears throat] >> uh, Copa Chu Ruben and Brisk Iona Iona. We'll go. I think that sounds
good. Okay. Property address 5660 Williams Drive. Please correct me if I said that name wrong. >> That's what I'm going with as well, your honor. >> Um, we don't have a respondent here, it doesn't look like. All right. Um, are we ready to proceed? >> Yes. >> Okay. You may proceed. >> Good morning, 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 13, 2024. I've been sworn in and will be providing testimony and documentation for case number 20241153. Documentation is attached to the agenda as exhibits and we ask that all
documents be accepted into evidence. >> The documents that are online will be accepted into evidence. >> Thank you, your honor. The subject property is located at 5660 Williams Drive, Fort Myers Beach, Florida 33931. Exhibit A contains the notice of violation notice of hearing sent on
October 16, 2025. Affidavit of notice and posting copy of certified mail receipt and photos of notice of violation notice of hearing posted on October 16th, 2025 on site. Notice of violation notice of hearing posted to town hall on October 16th, 2025. The
documentation that the respondents Copachu Rubin and Brisk IO Anna own the real 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. >> [clears throat] >> Exhibit B contains photos of the initial property inspection on October 16th, 2025 showing the violations. On October 16, 2025, code enforce enforcement
officer Hoffman observed Copa Rubin and Brisk Iana in violation of the town of Fort Myers Beach Code of Ordinance Section 110.1 for the boat dock lift on property being in disrepair and or unsafe condition. an example, but not limited to sections of
the roof missing and or damaged. Cables from the lift portion of the boat dock are hanging freely and not properly secured, and portions of the dock itself are damaged and or missing, all causing the boat dock lift to be in in a dangerous and unsafe condition.
[clears throat] EWC contains an affidavit of non-compliance and photos. I performed a reinspection of the property on December 1st, 2025 and subject property was still in violation of the town of Fort Myers Beach Ordinance section 110.1 for the bulk dock lift on property being in disrepair unsafe conditions. Please
accept this affidavit into the record. >> Okay. Is this exhibit C? Okay. Thank you. Exhibit C will be admitted. So we have AB that were online and this is exhibit C. >> C. Yes, ma'am. >> Uh the initial notice of violation
notice of hearing was issued on October 16, 2025 with a 30-day compliance period. The respondent Copachu Rubin and Brisk Iana have been have been in contact with code enforcement regarding achieving compliance
as a [clears throat] result of the of the subject property owners communication with code enforcement 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. Uh, the town would like to ask for a finding a
violation in reference to section 1110.1 for the bulk dock lift on property being in disrepair and or unsafe condition. The town is also 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 due to his communication with code enforcement an additional 60 days to bring the property into full compliance. Should the property not be in full compliance within the next 60 days, the town will be seeking daily fines of $250
per day until the property is in full compliance. Thank you, your honor. Okay. Thank you. Um All right. Is is that all then for this one? >> Yes. >> Okay. I will issue an order according to accordingly. So finding of a violation,
administrative fee for not coming into compliance within the time initially given. I will not assess any fines at this time. I'll allow them 60 days to come into compliance and then we could assess a fine at that time. You know, after that time if they haven't achieved full compliance by 60 days, we'll start
it from that day forward. Okay. >> Yes, your honor. >> Um and they are working with you. You said they are in communication. They are in communication and uh I we had a phone call with the property owner myself and our co-compliance manager Michael and it was explained to the property owner that
we are granting them this additional 60 days and that if it is not in compliance within the 60 days there will be no at that point in time that there will be no more extensions on the town's end. >> Okay. Um I'll issue a an order accordingly.
Um, and also I'll just make sure I'll put on there that they have to continue to communicate with you to ensure that they've that you're able to verify when they do come into compliance with the various items. Okay. >> Thank you, Ar. >> All right. Thank you. >> All right. So, that was item G. Item H
looks like we had a continuence for 30 days. So, I'll issue an order continuance on that one. And item I we've dismissed because they have become compliant. Correct. Are there any other cases that need to be called? >> No. >> Did you have something else that you
wanted to address? >> Okay. All right. If we're we're good then and we're done, then we can adjourn. All right. Good work.