is scheduled at 9:00 a.m. My name is John Valen and I am the the town's special managership with code compliance. I'll be conducting today's hearings which will get underway shortly uh after we've finished going through some preliminary items. Uh to begin, let
me ask about the minutes from the October 1, 2025 uh agenda. Are there any objections to the approval of those minutes? >> No objections. >> All right. Without objection, those minutes are approved. Are there any other um preliminary matters that we
need to attend to? >> I don't believe so, your honor. Um my name is Nancy Stup. I'm an attorney with the Vos Law Firm. We have the honor of serving as the town attorney for the town of Fort Meyer speech. Um your honor, I'm not aware of any. However, I am going to go ahead and turn the mic
over to uh Michael Howerman. um and he is our code compliance deputy >> manager >> deputy manager and uh he's going to walk you through uh today's cases. >> Good morning, your honor. My name is Michael Herman. I'm the code compliance manager. We have a couple housekeeping
items on the agenda. Um item E 21591593 Wijon Terrace has been brought into compliance and will not be heard today. >> That's uh Fels >> Fowls LLC. Yes.
>> Very good. >> Item F 21631 Wijon Terrace Christopher um Floyd as being withdrawn at this time um and will be scheduled at a later date. >> Very good.
>> And item H 5570 Palmetto Street. Um we are requesting a continuance to the December hearing. Um they are working with the town. um and have some extenduating circumstances. >> All right. MDR beach properties continue >> a date for December.
>> All right. Very good. >> Your honor, the dates for December is December 4th. >> Very good. >> Okay. We'll start with agenda item A. Um John K. Daniels 2050 2052 Bajavia case
20250819. Um again my your honor my name is Michael Herman. I'm code compliance manager for the town of Fort Myers Beach. As a manager of the code compliance department I'm responsible for the day-to-day operations of the town of Fort Myers Beach code enforcement department and I have supervised three code and compliance
officers. I review all code enforcement cases with them and have access to all available code enforcement files. Um, I need to be sworn in >> as >> I think we're ready for us to be sworn in. >> Yes.
>> I'm sorry. What was that? I missed that last >> um I need to be sworn in if at all possible. >> Oh. Oh. If you raise your right hand for me, please. Do you swear or refine? The testimony you'll give will be the truth, the whole truth, and nothing but the truth. >> I do, your honor. Um, I've been sworn in and will be
providing testimony and documentation regarding the violations in case 2025819. During my testimony, I will refer to the exhibits in the agenda materials and request that these materials be emitted into evidence and included as part of the record in this case. The subject property is 2050 2052 Baja
via Fort Myers Beach, Florida. Um on 92425 the director Tom Yazo observed violations of Fort M Beach code of ordinances chapter 6-441 permits required. Um violations discovered um
were demolition construction and repair of the structure in disrepair without first obtaining required permits including but not limited to sighting, windows, roofing, interior remodel and full or partial demolition. He prepared a notice of violation, a notice of code enforcement hearing for the property owner. True and accurate unaltered
copies of photos taken on this date of the first inspection, the notice of violation and the notice of hearing have been marked as exhibit A and ex and um request those be ex accepted into evidence. >> I'll receive the the town's exhibits and evidence at this time.
>> Thank you. The notice of violation notice hearing for the property owner are addressed to the addresses of record on both the Lee County property appraisers website their mailing address 134 West Neasilla Road Akran Ohio 44319 and 25250
Baja via Fort Myers Beach Florida. True and accurate representations of these notices of the property appraiser have been marked exhibit A and accepted into evidence. On 9:24 2025, Officer Chavez sent copies of the notice of violation
and notice of hearing via certified mail receipt to the property owner John K. Daniels at 250 252 Bahavia and 134 West Namazil Road, Akan, Ohio. Per League County Properties appraiser certification
certified mail um 958907105273142135170. He also sent copies of the notice of violation notice of hearing via regular um certified mail, regular US mail to the property appraisers address and the violation address. He also posted copies of the notice of violation notice of
hearing at the subject property 250 252 Baja via Fort Myers Beach, Florida. Um, true and accurate unaltered copies of the certified mail receipts and pictures taken of the posting have been marked as here in exhibit A and accepted into evidence on September 25th, 2025.
Officer Chavez also posted town hall located at 2731 Oak Street, Fort Myers Beach, Florida, and the town website for publication. True and accurate unoccupied copies of the affidavit of posting, photos of the posting at town hall, and a copy of the website have
been met as exhibit A and accepted into evidence. In my notice of violation, in the notice of violation, notice of hearing, um Thomas Yazo gave the property owner, John K. Daniels until October 29th to comply by contacting Fort Myers Beach
Building Department. Um, we're submitting all required documentation requiring the permit and apply for said permit and follow the process through the issuance. I reinspected the property on October 28, 2025 and sub remained in violation of the town of Fort Myers
Beach code of ordinances. Um, they did not appear to be any um progress made towards compliance. This would be um issuance of a permit. At the time of my reinspection um based on my reinspection of the subject property, I prepared an affidavit of non-compliance with photos
attached. Those were sent to the magistrate as an exhibit. I would suggest I would request that those be submitted as exhibit B. Receive that evidence. The evidence was non compliance.
>> Thank you, your honor. At this time, I'd like to turn over the microphone to the property owner if they are present. >> Your honor, I do want to ask Mr. Howerman um a question or two, if I may, just to put um some information into the record. Your testimony was that you
verified that there was no permit. Could you tell the judge how you made that determination? >> Um yes, reviewed the building department's um online web source. Um and those were the printout was submitted into evidence with the
affidavit. Um exhibit B. So the the printout is is included in the um exhibit materials and um your review of that printout
um indicated to you that there was no >> there's no permit issued. There is one that has been submitted and is in revision um review at this time. >> And the the type of permit that's required. >> This would be a residential remodel including the items mentioned.
>> Okay. Thank you. >> Anything else? We have Mr. Daniels. >> I am Joe Daniels. Uh I'm John's son. Um and I'm his uh owner agent representative. Has the witness been sworn? >> No. You're you saying Joe Daniels?
>> Yes. I am the uh property owner's son. Um my father lives in Ohio and was not able to be here today, so I'm here on his behalf. >> All right. If you raise your right hand for me, please. Do you swear in front of testimony about to give the truth, the whole truth, and nothing but the truth? >> Yes, your honor. >> All right. You put your hand down and
proceed. Let me ask you first before we get started. Um are you disputing the allegations in the notice of violation? No, sir. >> All right. Have you had have you been in contact with the uh code officers about or the building officials about getting permits for the work?
>> Yes, I've been to town hall here several times. Um so, uh if you don't mind me making a statement, um I received a violation notice on Thursday, September 25th. The following week, I came into town hall to discuss my path forward. I
sat down with Chanette Thomas and she agreed to allow me to reopen the expired permit that we already had from the end of 2023 uh beginning of 2024 and advised me on the documents needed. The violation notice that I received was for doing a section of siding that was damaged from Hurricane Ian and was
beginning to allow water into the house. Um, instead of just addressing the siding, I told Miss Thomas that I wanted to disclose additional work that has been completed inside the house to get rid of this violation notice and avoid any issues going forward. I started getting all of the information together
to submit to the town. Um, due to my father, the owner, living in Ohio, it took some time for me to get all of the documents signed and notorized by him. On the 17th of October, I began to submit the required documents. Um, I'm
now waiting for the flood to be reviewed, which is scheduled to be completed by Joe Spec on the 31st. To my understanding, the building department has received all required um and requested documents to bring my violation notice into compliance.
Um, I'd like to express I'm doing everything that I can to address and solve the situation. >> Very good. Um, does the uh uh town have any questions for uh for Mr. Daniels? >> Not this time, but we do have a recommendation when you're ready.
>> Yes, let's get the recommendation on a compliance date and uh and penalty. >> Town is asking to provide the respondent 30 days with which to come into compliance with the side violation. If the compliance is not achieved, assess the respondent $250 per day until compliance is achieved. town is further asking that administrative costs in the
amount of $250 be assessed to cover cost and bringing this case before the magistrate. >> 30 days from earnings to uh about the end of November. What's the date? >> Apologize. December 29th. November,
let's say December 3rd would be fine. December 3rd. >> December 3rd. I'm sorry. Say again. December >> December 3rd. >> Third. >> So, um, Mr. Daniels, the county is recommending that we set a compliance
date to December 3rd to uh to get the uh the property into compliance u and uh avoid uh incurring any fines. Um uh after that date a fine of $250 will begin to acrue if compliance has not been achieved. Do you have any response
or object to the recommendation? >> Uh no objection. Um response I guess would be right now my hands are tied by the building department. Um I am returning all documents requested within a timely manner but then I'm just sitting on my hands waiting for a
response from them. So, the timeline's not really in my hands at this moment. >> Okay, let's let's do this. Mr. um Daniels, uh I'll go ahead and um and uh accept the recommendation. I'll make a finding violation violation not in
dispute. >> We'll set the compliance date to December 3rd, 2025 as recommended with a daily fine of $250. Uh beginning to run on the 4th of December of compliance at that timely achieve. If uh you get to that deadline and because of
circumstances beyond your control, there's some delays on the uh on the permitting side that uh that you're not responsible for, you're working diligently. Uh uh you can seek to extend that deadline and I can entertain that request. I'd like, you know, to see that
you're moving diligently forward if if that's the case. So, uh make all your best efforts and work diligently to get it done. uh if uh something happens that you can't control, you know, uh I don't want to find you for something that you can't control, but uh we'd have to take a look at the situation at that time.
All right. >> Yes, sir. >> All right. We'll also need to impose by statute the town's prosecutorial cost. That's $250. That would be in the order as well. Um do you have any questions, Mr. Daniel? >> No. >> All right. Great. Does county have
excuse me, the town have anything further on this one? anything else the town needs or >> um your honor. So, we would um basically be bringing this case back to you on December the 4th. Um hopefully we'll
have everything in compliance by that time. >> Um but if not, we can um talk about an extension or or something to that effect >> schedule for the J. >> All right, let me let me I'll revise that then. That's uh probably even better. Mr. Daniels, we'll go ahead and
set the case as well for a review on on the December 4 agenda. So, at that time, we can look at the issue of compliance. And at that point, if uh if the if the property is not in compliance uh and there are circumstances beyond your
control that have made that so, I can revisit the fine. Hopefully, however, you'll be in compliance by then. >> Your honor, I have to stand corrected. U Mr. Howerman uh indicated that the status would come back to you in January. So that even gives you a little bit
>> hopefully. >> Yeah. >> Okay. Okay. >> Just because of our scheduling processing for the agendas. >> All right. What's that January date? Do you have that handy just so we can let Mr. uh Daniels know? >> So the clerk is saying there's no
January date. >> Okay. So, the first Thursday, um, your honor, we defer to you then. Uh, what date do you want your hearings in January? The clerk is indicating she doesn't have a date. >> Um,
uh, >> we usually go the first th Tuesday, >> first Tuesday. >> Your honor, we can look at January the 6 if you are available on that date or we can try for January the 13th.
January 6 works. That's fine. >> Thank you. Okay. >> Thank you, your honor. >> All right. Thanks for coming in, Mr. Daniels. You're free to go. >> Next case is agenda item B. Jennifer
Rick's 140 Connecticut Street. Case 20250852. Um, good morning your honor. Again, my name is Michael Houseman. I'm co- compliance manager of the town of Fort Myers Beach. As the manager of the code compliance department, I'm responsible for the day-to-day operations of town of Fort Myers Beach code department. I
supervise three code enforcement officer and I review all code enforcement cases with them and have access to all available code enforcement files. I have been sworn in and providing testimony and documentation regarding violations in case 2025852. During my testimony, I refer to the exhibits in the agenda materials and
request these materials be admitted into evidence and included as part of the record in this case. The subject property is 140 Connecticut Street, Fort Myers Beach, Florida. On October 2nd, 2025, Officer Hoffman observed violations of Fort Myers Beach Code
ordinances, chapter 34-2351, subsection B, recreational vehicle subdivisions. Um B, a recreational vehicle cannot be substantially improved or placed on a lot in a subdivision except for parking. A single um
recreational vehicle purpose of dead storage. Um this was in reference to multiple two recreational um trailers on the property and um the appearance of one being used for occup occupancy.
Officer Hoffman Hoffman provide prepared a notice of violation notice of hearing for the property owner. True and accurate and altered copies of photos taken on this date of the first inspection and the notice of violation, notice of hearing have been marked as exhibit A and AC and and we request
these be accepted into evidence. >> I'll go ahead and receive the town's exhibit. >> The notice of violation and notice of hearing for the property were addressed to the address of record on both the Lee County properties appraiser weights website 140 Connecticut Street, Fort
Myers Beach, Florida. True and accurate unaltered copies of the Lee County Property Appraiser have been marked as exhibit hearing A and accepted into evidence. On 10725, Officer Hoffman sent copies of notice of violation, notice of hearing, certified mail to the property owner, Jennifer Ricks at 140 Connecticut
Street, Fort Myers Beach, Florida, per Lee County Property Appraisers um website. Certified mail 9589071052731421-34678. He also sent copies of notice of violation notice of hearing via USPS regular mail to the address listed on the um Lee County Properties website and
it was the same 140 Connecticut Street, Fort Myers Beach, Florida. True and accurate unaltered copies of the certified mail receipts and pictures taken of the posting um have been marked as exhibit A and accepted into evidence. On October 7, 2025, officer Hoffman
Hoffman posted um town hall posted the notice violation of hearing at town hall located at 2731 Oak Street, Fort Myers Beach, Florida. Um true and accurate and unlocked copies of the affidavit of posting um at town hall have been um submitted into evidence as exhibit A. as
well. In the notice of violation code notice of code enforcement hearing, Officer Hoppin gave the property owner Jennifer Ricks until October 24th, 2025 to come into compliance by removing any additional recreational vehicle so only one remains on the lot
and either remove the remaining recreational vehicle from the lot or discontinue all residential um type uses of the vehicle. I reinspected subject property on October 28, 2025, and the subject property remains in violation of town of Fort Myers Beach Code of Ordinances. Um,
I did not observe any um progress made towards compliance at the time of my reinspection. Um, based on my reinspection of the subject property, I prepared an affidavit of non-compliance with photos attached. um that was sent um to the magistrate as exhibit B
and that contains the affidavit of non-compliance photos of the violation. We um request that be accepted as exhibit B into the record. >> Yeah, I'll receive the the affidavian. Yes, I I did read that into the record.
Um town is asking um to provide the respondent 30 days of which to come into compliance with the sight of violation. If the compliance is not achieved, um the respondent be assessed $250 a day until compliance is achieved. Towns for asking administrative cost amount of $250 be assessed to cover any cost in bringing this case before the
magistrate. And that's all I have at this time, your honor. >> Mr. Do you have any questions for the code officer? Um, no your honor. I I think that through his testimony it was clear uh what the corrective action uh
is needed for this property. >> Right. So to bring this into compliance then uh either the uh uh Miss Rick removes at least one of the RVs and discontinues any sort of occupational
use of the remaining one or removes them both. >> Yes. >> I guess that's the bottom line. >> All right. Do we have Jennifer Ricks? >> No one appears to be present, your honor. >> Not present >> or is present. >> Not present.
>> Not present. All right. And what's the compliance date that you're recommending? >> Um we would keep it um at 30 days or um December 3rd, 2025. >> All right. >> And the same. So, uh, that's good. So, uh, I received the, uh, town's, uh,
exhibits into evidence. I'll make a finding of violation based on the testimony and the exhibits. Uh, and note that the, uh, respondent has not appeared at today's hearing. Um, we'll go ahead and set the compliance date to December 3rd, uh, 2025 as recommended.
In this instance, compliance is, uh, or should be relatively easy to achieve. Um, uh, I I don't believe, am I correct that there's no permit required to to get this in compliance? She just has to remove one and stop using the other. Um,
your honor, if I might explain, um, the town uh, under its code allows for the placement uh, emergency temporary placement permits, and that would be for a limited period of time after a uh, natural disaster, which in this case was
Hurricane Ian. The town uh council has directed that no additional permits be issued um because of the time that has that has since lapsed since the hurricane. Um so there is no permit. Um we did offer the opportunity to extend
individuals who had permits uh to come to the town and offer extinuating circumstances. Um, however, in this case, uh, I don't believe there was ever a permit issued. Um, and regardless, there are two vehicles on the lot. So,
one vehicle would need to be removed and the other could be used for storage uh, without the need for a permit. >> Without a permit, I thought she she's down to just one is only used for dead storage, then >> then she would be in comp, right? Yes,
sir. Otherwise, Yeah. Got it. All right. Very good. So again, it seems to me that compliance should be uh relatively easy to achieve uh by that date. Uh so I'll accept that recommendation. We'll set a a uh plan of $250 per day beginning to
run on December the 4th if compliance has not been timely achieved, plus prosecutorial costs of $250. And I believe this would come back uh for a status on January 6th as well. >> Yes, your honor. >> All right. So, we'll review this for
compliance uh and status on January the 6th, 2026. Does the town need anything else on this one? >> No, your honor. >> All right. Very good. Next is agenda item C. Um Adrien Turner,
12 Fairview Boulevard, case 2025853. Um good morning again, your honor. My name is Michael Howerman. I'm the code and compliance manager for the town of Fort Myers Beach. As the manager of code compliance department, I'm responsible for the day-to-day operations of the town of Fort Myers Beach code enforcement department. I supervise three code compliance officers. I review
all code enforcement cases with them and have access to all available code files. Um, I have been sworn in and providing testimony documentation regarding violation of case 2025853. During my testimony, I'll refer to exhibits in the agenda materials and request that those materials be evidence
and included as part of the record in my case. Um the subject property is 12 Fair View Boulevard, Fort Myers Beach, Florida. Um on 9:30 2025, Director Thomas Yazo observed violations of the Fort Myers Beach Code of Ordinances,
Chapter 6-441 permits. Um Director Yazo prepared a notice of violation and a notice of hearing for the property owner. True and accurate unaltered copies of the photos taken on the date of the first inspection and the notice of violation notice of hearing have been marked as exhibit A and we request those
be accepted into evidence. >> Yeah, I'll receive the town's exhibits and notice at this time. >> Notice of violation, notice of hearing for the property owner were addressed to the addresses of record on both the Lee County property appraisers website um mailing address 17226 Willowwood Drive,
Strongville, Ohio 44136. Um, true and accurate honor copies of the Lee County Properties appraiser have been marked as exhibit A and accepted into evidence. On 9:30 2025, Officer Chavez sent copies of the not of violation notice of hearing via certified return receipt to
the property owner Adrien Turner at 17226 Willowwood Drive, Strongville, Strongville, Ohio 44136. um per the Lee County Properties Appraiser website certified mail 95897105273142135125. He also sent copies of the notice of
violation notice of hearing via UPS USPS regular mail to the Lee County property page violation location address. He also posted a copy of the notice of violation notice of hearing at the subject property 12 Fairview Boulevard, Fort Myers, Florida. True and accurate unal copies of the certified mail receipts.
Pictures taken during the posting have been marked as exhibit A and accepted into evidence. On 9:30 2025, Officer Chavez post a town hall located at 2731 Oak Street, Fort Myers Beach, Florida 33931 and the town website for publication true and accurate and all copies of the
affidavit of posting. Um photos of the posting town hall and a copy of the website have been attached as exhibit A and accepted into evidence. In the notice of violation, notice of hearing, officer Yazo gave the property owner Adrien Turn until October 15, 2025 to comply by contacting the Fort Myers
Beach permitting department, providing any and all documentation required for the permit and to apply for said permit and follow through the process through to issuance. Um, I reinspected the property on October 28th and the subject property still remains in violation of town of Fort Myers Beach code of
ordinances. Um um there has not been any permits issued at this time. Um when I checked the records on October 28, 2025 um I prepared affidavit of non-compliance with photos and the permit record attached and um we request that be
submitted as exhibit B. >> Yeah, I received the affidav of non-compliance in evidence at this time. Officer, may I ask um for clarity in the record, could you state the work that was done without the permit?
>> This is in reference to um window door and garage door replacement without permits. And there are there is a permit give me one sec in progress. There was a permit applied for on October 15, 2025, and it is in review um
status at this time for a residential remodel. >> Um officer, another question. Um in your evidence packet, you do have um additional photos of the interior. Could you please comment on those? >> Um yes, those are um from a website
called Red Fin. Um it did show some um newer remodels to the interior of the structure um that appeared to be um referenced in that advertisement for real estate um that it was done without permits. >> Was it Red Fin or Zillow?
>> I apologize. >> It was Zillow. I apologize. >> Okay. >> So, we got some interior and some exterior work without permits. Uh do we have Adrien Turner is responding here. >> Yes, she is here, your honor.
>> Good morning, your honor. Good morning. >> And she'll need to be sworn in as well. >> All right. I can't see her. She's >> Here we go. >> Mr. Turner, can you hear me? >> I can. >> No, I've lost you again. There you are. >> I can hear you. I'm standing on tippy
toes. >> I see you now. If you raise your right hand for me, please. you swear or from testimony you're about to give be the truth, the whole truth, and nothing but the truth. >> Yes, sir. >> And you may put your hand down and state your name for me, please. >> Adrien Turner. >> All right. And let me just ask you here before we get started. Do you dispute
the allegations in the notice of violation? >> No. >> Okay. Have you had discussions with the building uh department uh or the code enforcement department about what you need to do to get into compliance? >> Yes, and I have a permit submitted. It's
in review now as of October 15th. >> I'm sorry, you br up just a little bit on me. Can you say that again? >> Is this better? Can you hear me now? Okay. Yes. I submitted a permit on October 15th. It's in review.
>> Okay. So, the permit that's pending uh the review process will cover all the work that's at least to your understanding that's in in the notice. >> Correct. >> Okay. Um All right. Very good. Do anything else you want to tell me? Go ahead. >> Oh, sure. Just that uh when the
hurricane hit, I was uh married to my ex-husband, Doug Turner, who did all the work. So, I was not I was I did not know that he didn't apply for the permits. We're now divorced. So, I am >> If you could I'm sorry, Mr. Turner, if you can slow down just a
little bit and speak into the mic. You're you're drifting away from me. I can't hear everything. >> Oh, sure. No problem. I just mentioned that during the um hurricane Ian I was uh married to my ex-husband who did not apply for the permits and I was not
aware. Um now we are divorced so I am the owner trying to remedy the situation. >> Okay. All right. Very good. Let me ask um uh uh officer houseman what what's
the town recommending here for a compliance date? Um we're asking for you to provide um respondent 30 days which to come to compliance. Um if compliance is not achieved $250 a day be assessed and town is further asking administrative costs amount of $250 be assessed to cover the cost and bring
this case before the magistrate. Uh Mer, so the town is recommending that we set a compliance date to be December 3rd to get the uh the violations uh uh abaded or corrected with the uh the
issuance of the permits you've applied for. Um after that, we start running a fine um of $250 per day. Um we review the case for compliance. It looks like it'll be on January the 6th of next year. Um do you have any um uh
questions, response or objections? >> Um yes, I would like to uh have it extended to January 6 because I know there are some in review that have been taking couple of weeks and still haven't gotten an inspection date. I'd also like to clarify that there was no outside
work, no garage doors, no windows, no doors done to the house. There are the original doors and windows and garage. It's only interior. Are you saying that the the work that you're getting permitted is somehow interior remaining? >> Correct.
>> I can respond. >> Go ahead. >> Um in our exhibit A um we included a photo from the Lee County Properties Appraiser Office from July of 2008 which showed a um pair of French doors um where the garage door is now. Um that's what we're referencing on the exterior.
Um, is that those two doors replaced with a garage door at some point without a permit? >> That Okay. I I was not aware. We bought it in 2020 and the garage door was there. >> Oh, I see. I see the different doors
here in the photographs. >> And what was that, Mr. Turner? I didn't hear you that last uh that last comment. When the property was purchased by my ex-husband in 2020, the garage door was uh present. There were no French doors.
>> You're saying you didn't do the work. >> I was not aware that work was done and correct. >> Right. Okay. Well, that uh I mean unfortunately you've uh inherited that problem. Um but uh the door was replaced
without a permit. It needs to be permitted after the fact. Um, as part of the uh corrective process. Um, I guess you haven't you haven't looked into that yet. >> I haven't.
>> All right. And let me ask again the town. Is that the only exterior piece then that garage door? >> Um, that's the only thing I'm aware of on the exterior. >> Okay. And would she be able to bring that into compliance with an after the fact permit?
>> Yes, your honor. >> Okay. So, um, Miss Tur, you'll need to check with the building department about that one as well about getting a ATF or after the fact permit to, uh, to get the door approved. >> Okay.
>> Um, but I I'll go ahead. Um, I'm going to accept the town's recommendation with respect to uh the compliance date of December 3rd uh with the daily fine of uh 250 per day running beginning on the 4th of December plus $250 in
prosecutorial costs. And Mr. Chair, we'll review this again on January the 6th. Uh if compliance has not been timely achieved, we'll take a look at the situation. uh you can let me know what the circumstances are and uh if you're working diligently and uh you
know for reasons that you can't control haven't gotten everything completed I'll take that into account. We'll see about adjusting that deadline but I would like to uh to get that deadline established and see that we get this moving towards compliance hopefully into compliance. Um, you know, I don't want to find you
for things you can't control, but I do want to make sure that you're moving forward to get things done. And I understand that there may be some issues here that either you weren't aware of or you weren't the the cause of. Uh, unfortunately, if you got an unpermitted garage door, you still have to bring it into compliance even if someone else did
the uh did the work. >> Okay. Thank you. >> Do you have any any other questions or or comments, Miss Turner? >> No, not at this time. Thank you. You got to speak up just a little bit. I can't hear the way that mic is. I can't hear you. >> No, I don't have any other questions. Thank you, your honor.
>> All right, Mr. Turner. Well, thanks for coming in. Um, and good luck and uh we'll see you back here for review on January the 6. Uh hopefully to hear everything's uh been correct. >> Okay. Thank you.
>> Thanks for coming. We'll move to agenda item D. Tea Investment Real LLC, 8010 Eststero Boulevard, case 2025988. Um, my name is Michael Herman. I'm the code compliance manager for the town of Fort Myers Beach. As manager of the code compliance department, I'm responsible
for the day-to-day operations of the town of Fort Myers Beach code enforcement department and I supervise three code compliance officers. I review all cases with them and have access to all available code enforcement files. I have been sworn in and will be providing testimony and documentation
regarding violations in case 2025 0988. During my testimony, I will refer to the exhibits in the agenda materials and request that those materials be admitted to evidence and included as part of the record. It'll be um it will be exhibits A and B.
Would you be able to accept those into the record, your honor? >> I'm sorry, I missed that last part. >> Sorry. Could you accept exhibits A and B into the record, your honor? >> Uh I'm sorry, I didn't uh I couldn't hear hear. Yeah, I'll accept the uh the town's exhibits AMV and B, the uh uh exhibit packet and the uh and the
affidavit of non-compliance proceeding at this time. >> Thank you, your honor. The subject property is located at 810 Eststerero Boulevard, Fort Myers Beach, Florida on 919 of 25 director Thomas Yazo observe violations of Fort Myers Beach Code of Ordinances Chapter 6441 permits um
regarding sighting, windows, roofing, interior model, or for full or partial demolition without permits. Officer Yazo prepared the notice of violation, notice of hearing for the property owner. True and accurate and unaltered copies of the photos taken on that date of first inspection and the notice of violation
notice of hearing have been marked as a hearing exhibit A and accepted into evidence. The notice of violation, notice of hearing for the property owner were addressed to the addresses of record on both the Lee County Properties Appraiser Office. Address is 15701 South Tamiami Trail, Fort Myers Beach, Florida
33908. True and accurate un altered copies of Lee County property appraisers um have been marked exhibit A and accepted into evidence property. So you need to explain that. >> Y um September 30th, 2025, officer sent
copies of the notice of violation and notice of hearing via certified mail receipt to the property owner Tia Invest. I apologize. Tia Invest Real LLC at 15701 South Tamiami Trail, Fort Myers, Florida 33908.
Um for the Lee County Properties Appraisers Office, certified mail 9589071052931425135194 and 95897105273142135187. He also sent copies of the notice of violation notice of hearing via regular mail to the proper appraiser's address and the violation location. The violation location
is a vacant lot. So of course we did not get service at that property. Um he posted copies of notice of violation notice of hearing at the subject property 810 EO Boulevard, Fort Myers Beach, Florida 33931. True and accurate non-altered copies of
the certified mail receipts and pictures taken posting have been marked exhibit A and accepted into evidence on 9:30 25 30 2025 officer Yazo posted town hall located at 2731 Oak Street Fort Myers Beach Florida um true and accurate and
all copies of the affidavit of posting photos um have been marked as a bedet and accepted into evidence in the notice of violation notice of hearing officer Yazer gave the property owner T of Invest Real LLC till October 15th to comply by um contacting the Fort Myers
Beach Permaning Department, providing any and all documentation required for a permit and to apply for said permit and follow the process through to issuance. Um this is a demolition without permit. So it' be an after the fact demolition permit and inspections. I reinspected the property on October
28th and the sub property remains in violation of the town of Fort Myers Beach Code of Ordinances. um did not appear to be any progress made towards um obtaining their demolition permit or final inspections at the time of reinspection. Based on my inspection of the subject property, I prepared an affidavit of non-compliance with photos
attached. Um those will be exhibit B submitted into the record and accepted. And in exhibit B, um I have also attached com copy of the permit record. Um there is a was a residential demolition permit applied for January
11th of 2024. Um that was not completed and is waiting on documentation and response. So it has not been issued or completed at this time. Um town's asking to provide the respondent 30 days which to come into compliance with the cited violations. If the compliance is not achieved, assess the respondent $250 per day until
compliance is achieved. The town is further asking the administrative costs amount of $250 be assessed to cover the cost and bringing this case before the magistrate. That's all I have at this time. >> May I ask one question? >> Um
Mr. Mr. Herman or officer, um what was actually on the property uh that was demolished? >> There was a residential structure on the property um I believe pre-torrm um and that was demolished. Um
>> and is there evidence to that effect in the record? >> I apologize. Yes, there is an aerial um it was included in exhibit A um showing the before and after of the lot. And is that what is where is that in the u the
agenda materials? Is that on page 127? >> That is correct. >> Okay. Thank you. The property data from the I guess from the county records. >> Yes. >> You're referring to >> that from the property appraisers office. Yes, your honor.
>> Property appraiser. Right. Got it. Okay. So, the demolition here it's uh it's of the residential structure that that existed uh uh previously. Uh uh there's no land clearing component here other than the demolition of the residential structure.
>> Correct. Yes, your honor. >> Yes. Very good. Do we have anyone here um for the respondent tea invest? >> No, your honor. >> No one's here. All right.
So, um I will uh make a finding of violation here uh on the charge of uh demolition without a permit on the subject property which now appears in the pictures to be a vacant to be a vacant lot. U so make that finding
backation based on the testimony and the exhibits which I've received. I'm going to accept the town's recommendations with respect to the compliance date which will be set at December 3rd, 2025. If compliance has not been achieved by that date, uh we'll start running a $250
per day fine on December the 4th and run that until the property has been brought into compliance imposed price cost of $250 and we'll review the case on January 6th with the others for status
uh and uh uh make any adjustments that might be necessary based on the circumstances at that time. Does the town need anything else on this one? No, your honor. >> Okay, we're going to agenda item G. Um, Mark and Sherry Leanne Brooks, violation
address 7846 Buccaneer Drive, case 2025811. My name is Michael Howerman. I'm the co- compliance manager for the town of Fort Myers Beach. As a manager of the code compliance department, I'm responsible for the day-to-day operations of the town of Fort Myers Beach code department and I supervise three code enforcement
officer. I view all code enforcement cases with them and have access to all available code enforcement files. I have been sworn in and provide testimony and documentation regarding the violations in case 2025811. During my testimony, I will refer to the exhibits in the agenda materials. I request these exhibits be evidence
included as part of the record. It'll be exhibit >> exhibits at this time. Thank you. It'll be exhibits A, B, and I believe C. >> I received A, B, and C at this time. >> Suffet property is located at 7846 Buccaneer Drive, Fort Myers Beach,
Florida. On August 7th, 2025, Officer Hoffman observed violations of the Fort Myers Beach Code of Ordinances, Chapter 6-441, Permits for the repair remodel of the structure without first obtaining permits. Officer Hoffman prepared a notice of violation for the property owner. True and accurate unaltered
copies of the photos taken on the date of the first inspection and notice of violation notice of hearing have been marked here as exhibit um I apologize exhibit A and B. Notice of violation with the property owner were addressed to the address of
record based both on the property ma lee county property appraisers office website mailing address 430 Elisa in Meta Mida Maine 55115. True and accurate unaltered copies of the Lee County Property Appraiser have
been marked as hearing as exhibit um A and accepted into evidence. On August 13, 2025, Hosman sent Hoffman sent copies of notice of violation certified mail return receipt to the property owner Mark and Sherry Brooks.
At 4:30, Alisa in and per the property appraisers certified mail was issued at 9589071052731-42172991. He also sent copies of noti notice of violation via USPS regular mail to the address at the Lee County um proper appraiser site and the violation
address. He posted a copy of the notice of violation at subject property 7846 Buccaneer Drive, Fort Myers Beach, Florida, 33931. True and accurate and unaltered copies of the certified mail receipts and pictures taken of the posting to have them marked here as exhibit B and accepted into evidence. On
813 2025, Officer Hoffman posted the town hall at 27:30 on Oak Street, Fort Myers Beach, true and accurate and unaltered copies of the affidavit of posting photos of the posting to town hall and a cop and have been marked exhibit B and accepted
into evidence and the notice of violation violation offer officer Hoffman gave the property owner um 15 days to come into compliance from August 13, 2025. given until August 29th to comply by contacting the Fort
Myers Beach permitting department providing all and all documentation required required for permits and obtain and apply for said permit and fall through the two issuance on 910 2025 permits were not obtained per records
check. Um a notice of hearing was issued on 1012025 for the special magistrate hearing on 1029 2025. Notice of hearing for the property owner were addressed to the address of record from the Lee County Property Appraiser
website um at 4:30 SLN. Um true and accurate and unaltered copies of Lee County Property Appraiser have been marked as exhibit A and accepted into evidence. On 101, officer Marcio Chavez sent copies of the not of the certified mail. Um, sent copies of the notice,
certified mail, return receipt to the property owner um to the address listed on the Lee County Property Appraisers Office. Certified mail 9589071052731-421-34708. He also sent copies of the notice of hearing via USPS regular mail to the Lee County Properties appraiser address and
the violation location. Um he posted a copy of the notice of violation at subject property 7846 Buccaneer Drive, Fort Myers Beach, Florida. Drew and accurate unaltered copies of the certified mail receipts. Pictures taken of the posting have been marked here as exhibit A and accepted into evidence on
1012025. Officer Chavez posted town hall located at 2731 Oak Street, Fort Myers Beach, Florida. um sure and accurate and all our copies of the affidavit of posting photos of posting to town hall have been marked as exhibit A and accepted into evidence. I reexpected the
property on October 28th and the subject property remains in violation of the town of Fort Myers Beach code of ordinances. Um did not appear to be any progress um regarding permits being issued for the violations at my time of reinspection. Um an affidavit of non-compliance with photos have been
attached as exhibit C. Um, your honor, at this time I would ask permission to add exhibit C. And um, I apologize. I already added that to the record. >> I do have a quick question. Um, officer, could you state what the work was that
was done without the permit in the record? Apologize. This was um sorry >> regarding windows and doors being replaced without permits. >> Was there also an issue with the garage
>> and I apologize and garage door um being replaced without permits? Um in the exhibit C that I sent um yesterday to the magistrate, there's a copy of the permit record. um appears that a permit was applied for on October 17, 2025. It is currently in review for um windows,
doors, and shutters. >> Windows, doors, and shutters. What we're looking at here, >> correct? And I did speak to the property owner this morning about adding the garage door um requirements for the permit. >> Okay. And do we have uh the respondents here?
>> Yes, we do, your honor. You come up. >> Your honor, are there witnesses ready to be sworn in? >> Okay. If if I could see them, please. I can't see the podium. >> Um, >> do you want to come to this podium? Yes, ma'am. >> Maybe that'll work better. Yeah. Here we
go. Good morning. Is this Mr. Brooks? >> Push the little button at the bottom. >> There you go. >> Mr. Brooks. >> Good morning. >> Good morning. If you raise your right hand, please. Do you swear or affirm the
testimony you're about to give be the truth, the whole truth, and nothing but the truth? >> I do. >> All right. You may put your hand down. Mr. Brooks, u let me ask you first off, are you disputing the allegations in the notice of violation? >> No. Okay. And you've had some conversations
with permitting or code compliance. >> Yes. >> Okay. And it sounds like there may be some you've got some permit or a permit application in process. >> Correct. We have the application for permit after the fact for the windows and doors, but the garage door, we have
not I just got the information yesterday on the garage door. So, we'll we will get that going. >> All right. So, um, the county, uh, excuse me, the town is recommending, I believe on this one, 30 days, >> correct, would recommend 30 days or 250
a day thereafter. >> You need to turn your mic on. I can't hear you. >> Apologize. Um, yes, 30 days or 250 a day thereafter and cost an amount of $250. >> Okay. So, um, uh, Mr. Brooks, the the town is recommending that we set a
compliance date of December the 3 um and uh start running a perdm or daily f $250 on the 4th of December and run that until compliance is achieved if it's not completed by the compliance date plus prosecutorial cost of $250. We
review this case again on January the 6th to see where things stand, whether we have compliance or or not. Um uh do you have any uh questions uh uh or objections regarding these recommendations? >> No.
>> Okay. >> So that's what we'll do. Then I'm going to making finding a violation which is not in dispute based on the testimony and the exhibits. Uh we're going to set the compliance date as uh as recommended to December the 3 uh of uh this year
with a $250 per day fine starting on December the 4th. If compliance is not timely achieved, prosecutoal cost $250. Mr. Brooks will look at this again on January the 6th. Uh if uh uh compliance has not been achieved, we'll look at the
circumstances and see uh if any uh uh adjustments or additional rulings need to be made. Uh but hopefully we'll have it all in compliance and the uh violations abated and uh we won't have to worry about fines. So any any other questions, Mr. Brooks?
>> No. >> Does the town need anything further on this one? >> No, your honor. >> Thanks for coming in, Mr. Brooks, before you go. >> Okay. Thank you. >> You're welcome. >> We're moving into the status hearings.
Um agenda item A under status hearings. Okay. >> This is regarding 134138 Connecticut Street, First Baptist Church of Fort Meyers. Um hearing was held on September 2nd, 2025. Um
they were direct the property was directed to comply by October 1st, 2025. Um with a status hearing scheduled for today. Um they were assessed $250 a day and $250 in cost at that hearing. Um
property was brought into compliance as of October 27th. Um evidence of the order, affidavits, and photos were submitted to the magistrate exhibit A and B. Um, town is not seeking fines in this case, but
would like the $250 in administrative costs to be assessed. >> So, all the town is seeking at this time is the imposition of the $250 proc. >> Yes, your honor. >> All right. So, we will so order that.
I guess they were able to raise the structure and they had to as I recall that they had to raise up something ft. I I think >> they were able to remove the structure from the property. >> Oh, they removed it, aren't they? >> Yes. And your honor, for whatever it's worth, they are seeking uh their
resoning on Monday and that's on second reading. So, they are proceeding down the road of redeveloping that parcel. >> Yeah. Okay. That sounds good. >> Staff agenda item B is Freeland Florida
Holdings LLC 450 Harbor Court. Um case was originally heard October 1st, 2025 with a compliance date of October 19th, 2025. Um with a status hearing scheduled for today. um reinspection um was
apologize um conducted on October 21st, 2025 and compliance was achieved. Um we're not seeking any um fines on this case, just the $250 administrative costs that were assessed at the hearing. >> Very good. And that is so order,000
costs. Agenda item C, Freedelland, Florida Holdings LLC. Violation address 450 Harbor Court. >> Just did that. >> I apologize. >> I apologize. 4,400 and 4530 um Bay Beach Lane, Astero
Bay Improvement. some reason. >> Yes, I apologize. Um, we'll go to Apologize. I skipped to item D. Um, Limos Limited LLC 6875 Astero Boulevard. Um this was heard on October 1st, 2025 with compliance date
of October 19th. Um property um affidavit of non-compliance was filed October 21st, 2025. Um followed up by an affidavit of compliance on October 27th, 2025.
Um town is not looking to collect fines in this matter, but just the administrative cost of $250 a day. So, uh, so $250 cost on Lady Mostly LLC. >> Yes, your honor.
>> I'm sorry. I didn't hear what uh what happened to to to item C. Um, Sar Bay Improvement Association. >> I apologize. I I'll have to step back on that one. I don't have it in front of me. I apologize. I'm not sure.
>> Yep. Agenda item E would be um Bradford Joseph Benson Trust, Buffalo Grill, property address 1021, Eststerero Boulevard. Case was heard October 1st, 2025 with compliance date of October 19th. Um
affidavit of non-compliance was filed on 1022 of 25. Um fine amount was 250 a day and $250 in cost. Um property was reinspected several times including this morning and the structure is still present.
Town is looking for the fines to be assessed from the day after the compliance date until compliance is achieved and cost of $250 a day. So the fine start started to run October the 20. >> That's correct, your honor.
>> So I will order that. And uh is there anyone here? >> No, your honor. >> All right. So we'll go ahead and order that. Uh those fines have begun to run as uh as previously found.
And I apologize. I can go back to agenda item C um because it is in compliance. This would be a stero Improvement Association 4,400 4530 Bay Beach Lane. That was heard also on October 1st, 2025 given until October 19th, 2025 to come into compliance. An affidavit of
compliance was filed on October 22nd, 2025. I'm sorry. Yeah, 20 Apologize I don't have the date, but the property is in compliance at this time. Um, we're not seeking a fine um on this property. This cost an amount of $250 be
assessed administrative cost. >> Right. So that will be somewhere as well. $250 in costs for SL bank association. And >> that's all I have at this time, your honor. >> That's all we have on the agenda today.
>> That is correct. >> All right. Any other business to attend to? >> Um, no, your honor. Um, I just have one item, your honor. Um, I wanted to confirm the receipt of email that was sent this morning regarding hearings for November.
>> I did see that we will have a hearing date on November the 4th. >> The cancellation for November 5th and >> the cancellation for November 5th and then our next set of hearings will be December 4th. No hearings in November.
>> November 5th. December. >> I think it's the fourth >> cancelling November 5th. >> Yes. >> Confirming December 4th. >> I was looking at the wrong one. >> Fourth, >> right? Yes. Got it. All right. Very good. Um, these ones
seem straightforward. If uh the town can send me on these, just the form orders and I'll go ahead and mark them up and get them out to you. Um just so I can see how you do these uh how you like the building permit cases. I think these are the first sort of straightforward ones I'
done for the town, you know, apart from those the FEMA flood cases, but we I can turn these around pretty quickly if you let me see how you how you like them. >> Um your honor, I have a procedural question. Um, so the fines that you've assessed, are those also to be certified
as a lean at this time or would that does the town need to bring them back for the certification? >> I can go ahead and certify that as a lean if you if you like that would be it seems to me more efficient. >> Agreed. Um, and it is just the
administrative um fees >> just the cost on most of them except the one I guess. >> Correct. Thank you. the Buffalo Grill, right? >> Yes, your honor.
>> Well, very good. Um, if there's no other business then on today's agenda, we're adjourned and I will see you all next time. >> Thank you. >> Thank you. >> Thank you.