Hi. All right. Good morning. Um, I'll call these hearings to order. As a reminder, if everyone could please turn off their cell phone or put them on silent. Uh, my name is Monica Schmucker. the appointed special magistrate to hear today's code enforcement proceedings as
provided for in chapter 2 article 5 of the Fort Myers Beach Land Development Code and Florida Statutes Chapter 162. Uh first item we have is approval of the minutes February 4th, 2026.
Uh I did review them. Thank you. I know that these were the ones that were revised. Does anyone have any comments on these? >> No. >> No objections. >> All right. So, I will approve these as these are written and I will sign these. Please remind me before I go. All right.
I'll have them right here. Next, we're going to hear today's cases that are on the agenda and the order in which they appear, unless anybody needs to make any changes to the order at this time. >> No changes. >> Okay. Um, these are quasi judicial hearings, which means that they're
similar to cases in court, but they are less formal. Formal rules of evidence do not apply, but fundamental due process will apply and will govern the proceedings. I'll listen to the facts and evidence before me and apply them to the law in each case. In all cases, the town has the burden of proof, and we'll present the case first. If there's a
respondent, we they'll have the opportunity to speak, present evidence, and refute the town's allegations. Everyone who's here to speak will have the opportunity to do so. It does not look like we have any of the respondents here today. Is that correct? >> That's correct. >> Okay. At the conclusion of each case or within
15 days, I'll issue an order affording the proper relief um with findings of facts and conclusions of law. Uh at this time, anybody who's going to be testifying, please stand and raise your right hand for the taking of the oath. Do you swear or affirm that the testimony you will provide today is the
truth, the whole truth, and nothing but the truth? >> I do. >> I do. >> Okay. Thank you. All right. We have the first item on the agenda is citation a violation of LDC1906 performing without a permit. We have Robert Marmarosa
um yeah this is a citation appeal for citation 1000 um requested and um by the respondent and they were notified of the date and time. >> Okay. Um he was uh sight cited with a
violation >> cited with a violation of um land development code ordinance 1906 performing without a license >> requested a hearing and he's not here. >> That's correct. >> The hearing was to appeal the citation. Is that correct? >> That's correct. >> Was um he notified of the hearing date and time? >> Yes, he was.
>> Okay. Um, I will go ahead and at this time, I mean, if he's not here to discuss the the appeal or to appeal the citation, I can dismiss the appeal. If he does show up before the end of the before the end today, I'll we'll recall
that case. Okay? So, I'll just leave it until the end. If he doesn't show, then we'll dismiss the appeal and he can work with you. I don't know something later on. >> Thank you, your honor. >> Okay. So, let's move to status updates. We have uh FMB case number 20250298.
Property owner Sugar Beach Estates LP. Property address 5276 Eststerero Boulevard. >> Good morning, honor. >> Good morning. >> My name is Officer Aen with Town for Fort Myers Beach. I work for the town since May 13, 2024. I've been sworn in
and will be providing a status update for case number 20250298. The subject property is located at 5276 Sterile Boulevard, Fort Myers Beach, Florida 33931. Exhibit A contains the court enforcement
order dated March 24th, 2026. Please accept this in the record. >> I have the items that were uh attached. You said exhibit A is the signed order. I have A and B that were submitted. >> Okay. Thank your honor. I was >> I'll admit them into the record. >> Okay.
Uh, Sugar Beach Estates LP, the property owner in this code case was was found in violation when the case was heard before the special magistrate on March 19th, 2026 and was ordered to bring the property into compliance by May 2nd, 2026. The property remains in violation
based on the reinspection performed on April 2nd, 2026. There has been no change to the conditions of the property and remains a serious threat to the public health, safety, and welfare as the conditions on the property appear to be irreparable or irreversible in nature. Uh I would like to submit
reinspection photos of the property dated April 15, 2026 to demonstrate the conditions of the property as they currently exist. Please accept these into as record C exhibit C. Okay, exhibit C will be admitted. >> Thank you, your honor. If I can direct
you to the uh first two photos in the packet. Uh those photos are taken from the eststerile side of the of the uh property. Uh it demonstrates that the property is still unconsur unsecured and it also shows a clear pathway from Eststero Boulevard all the way out to
the beach. Um, you can also see all three properties within the photo just to show the proximity of the uh four structures that will be heard today and the need to make sure that these properties are secured properly.
Uh the town has submitted a proposed proposed order in this case for the imposition of fine and lean certification due to the continued safety concern to the general public. The town is also asking for an additional $250 administrative fee for bringing this case before the special
magistrate for a status update hearing. Thank you, your honor. >> Thank you. Um thank you for the proposed order. Uh, if somebody could please submit that in Word so that I can um make any revisions
to it before I sign it, that would be great. And that could be emailed. Um, >> yes, your honor. >> Yeah. So, have you had any communication with with the respondent at all since the last hearing? >> No, your honor. Um the LA the last communication from the property
owner was on um February 25th of 2026. Uh we discussed over the phone uh regarding what needed to take place in order to achieve compliance. Um, at that time, uh, the property owner informed me that the weeds had been trimmed and we
we dis we further discussed the need to make to, uh, apply for a permit for fencing to, uh, to make to get the property secured, that was the last communication that we've had.
>> Okay. All right. Well, seeing that they didn't comply with the order and that they've taken no steps to come into compliance, um I know I I did authorize the the town in the previous order to take any measures that they need to in order to secure the property. Um if they didn't
come come into compliance or take any steps towards compliance by the I think it was April 2nd date. Here I have the April 2nd. >> Um so I will I'll enter an order accordingly. um consistent with your requests and the
fines will be imposed the daily fines of 250 a day as of April well April 3rd so after April 2nd um until they come into compliance and the town is authorized to take the steps necessary at this point.
So I'll enter an order accordingly. Okay. And then I see you requested cost of 250 as well. >> Yes, your honor. >> Okay. All right. Anything else on this one? >> No, your honor. Thank you. >> Okay. Thank you. All right. Then we have case number FM. I'm sorry.
Yeah. Uh case number 20250296, Sugar Beaches Estates LP, 5280 Estero Boulevard. Okay. Good morning, your honor. Officer Hoffman 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 a status update for case number 20250296. The subject property is located at 5280 Sterile Boulevard, Fort Myers Beach, Florida 33931. Um, exhibit A contains the code enforcement order dated 324206.
Exhibit B contains post-hering affidavit of non-compliance with photos, building permit search affidavit, and print out of building permit search. Please accept these into record. >> Uh, exhibits A and B that were submitted online. Yeah, I reviewed them and
they'll be admitted into the record. >> Thank you, your honor. Sugar Sugar Beach Estates LP, the property owner in this code case, was found to be in violation when the case was heard before the special magistrate on March 19th, 2026,
and was ordered to bring the property into compliance by April 2nd, 2026. The property remains in violation based on the reinspection performed on April 2nd, 2026. There has been no change to the condition of the property and remains a serious threat to the public
health, safety, and welfare as the conditions on property appear to be irreparable or irreversible in nature. I would like to submit reinspection photos of the property dated April 15th, 2026 to demonstrate the conditions of the property as they currently exist.
And this will be exhibit C. Thank you. Exhibit C is admitt. >> Thank you, your honor. The town has submitted a proposed order in this case to for the imposition of fine and lean certification due to the continued safety concern to the general
public. The town is also asking for an additional $250 administrative fee for bringing the case before the special magistrate for a status update hearing. Thank you, your honor. >> Thank you. Same with this one. If you could please submit the proposed order. >> Yes, your honor.
>> Okay. Um, seeing as they've not com they have not complied with the previous order, I'll enter an order uh consistent with your requests. Thank you, >> All right, that's it for this one, right? >> Yes, your honor. >> Okay. Um, next we have case number
20250404. Property address 5268 Boulevard. Property owner Sugar Beach Estates OP. Correct. Okay. Good morning, your honor. Officer Hoffman with the town of Fort Myers
Beach. I work for the town since May 13, 2024. I've been sworn in. We'll be providing a status update for case number 2025044. The subject property is located at 5268 Eststero Boulevard, Fort Myers Beach, Florida 33931.
Exhibit A contains the court enforcement order dated March 24th, 2026. Exhibit B contains post-hering affidavit of non-compliance with photos, building permit search affidavit, and print out of building permit search. Please accept these exhibits into record.
>> Exhibits A and B, which were submitted online, uh will be admitted into into the record. Thank you, your honor. Sugar Beach Estate LP. The property owner in this code case was found to be in violation when the case was heard before the special magistrate on March
19th, 2026 and was ordered to bring the property into compliance by April 2nd, 2026. The property remains in violation based on the reinspection performed on April 2nd, 2026. There has been no change to the condition of the property and remains a serious threat to the p
public health, safety and welfare as the condition on property appear to be irreparable or irreversible in nature. I would like to submit reinspection photos of the property dated April 15, 2026 to demonstrate the conditions of the property as they currently
continue to exist. These will be exhibit C. Exhibit C is admitted. >> Thank you, honor. The town has submitted a proposed order in this case for the imposition of fine and lean certification due to the contin
continued safety concern to the general public. The town is also asking for an additional $250 administrative fee for bringing the case before the special magistrate for status update hearing. Thank you, your honor. >> Thank you. Um All right. I is is that
that okay? >> Yes, sir. Um, yeah, I have reviewed the evidence and seeing that they've not come into compliance, uh, I will enter an order consistent with your requests, um, imposing the fines that were already imposed in the previous order, authorizing the town, which the town is authorized to correct the violations,
the costs that were requested. >> Um, and I believe that covers everything, right? >> Yes, everything else. Okay. So, I'll submit an order accordingly or I will prepare an order accordingly. I'm sorry. you submitted this uh the word I mean you submitted the proposed I just asked that you send me the word document so I
can make a couple of revisions and then I can sign that. >> Okay. Yes, your honor. >> Thank you. >> All right. So, and that'll be the same with all four because I saw that you prepared one for all four. So, just make sure you send me all four in word. >> Yes, your honor. >> Um FMB case number 2025
0297 Sugar Beach Estates. Property address 53000 is Sur Boulevard. Officer Offen 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 giving a status update for case number
2025297. The subject property is located at 53000 Sterile Boulevard, Fort Myers Beach, Florida 33931. Exhibit A contains the code enforcement order dated March 24th, 2026. Exhibit B contains post-hering affidavit
of non-compliance with photos, building permit search affidavit, and print out of building permit search. Please accept these exhibits into record. >> Exhibits A and B um will be admitted. >> Thank you, your honor. Sugar Beach states LP the the property
owner in this code case was found to be in violation when the case was heard before the special magistrate on March 19th, 2026 and was ordered to bring the property into compliance by April 2nd, 2026. The property remains in violation based on the reinspection performed on April
2nd, 2026. There has been no change to the condition of the property and remains a serious threat to the public health, safety, and welfare as the conditions on property appear to be irreparable or irreversible in nature. I would like to submit reinspection photos
of the property dated April 15th, 2026 to demonstrate the conditions of the property as they currently exist. This will be exhibit C. Exhibit C is admitted. >> Thank you, your honor. The town has submitted a proposed order
in this case for the imposition of fine and lean certification due to the continued safety concern to the general public. The town is also asking for an additional $250 administrative fee for bringing this case before the special magistrate for a status update. Thank you, your honor.
>> Thank you. Um, okay. So, same as the others, I'll I'll um sign the order with the imposition of the costs, the daily fine pursuant to the previous order and um and and authorizing the town to
correct uh the violations to make sure that this property is safe. I do encourage the town to do, you know, I don't know, at least secure it so that people can't access it. Um, any costs of course incurred by the town would be a lean that would be placed on the
property. Um, is there anything else on this one? I saw that you wanted. Okay. >> No, thank you. >> Um, okay. And I do find that they are in violation of the previous order. So,
so I think that's it on this one. Yeah. >> Yes, honor. Thank you. >> All right. Well, thank you. And we can go back to the appeal of Mr. Marmarosa uh Mr. Marosa's violation LTC1906. It
does not appear that he has come in. Right. >> That's correct, your honor. >> Okay. So, since he's not here to pursue the appeal of the violation, I'll dismiss that appeal. >> Thank you, your honor. >> And yeah, so that's it. Is there anything else on that one? >> That's it. And I will um get Lette and
get you the email copies of the orders, proposed orders. >> Perfect. All right. Excellent. Is there anything else for today that needs to be heard or discussed? >> No, your honor. >> All right. Then then this these hearings are adjourned.