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Fort Myers Beach special magistrate hears multiple code-enforcement cases; several owners given deadlines or cited for fines

September 04, 2025 | Fort Myers Beach, Lee County, Florida


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Fort Myers Beach special magistrate hears multiple code-enforcement cases; several owners given deadlines or cited for fines
FORT MYERS BEACH, Fla. — The Town of Fort Myers Beach’s special magistrate held a consolidated code-enforcement hearing addressing multiple properties with alleged building, floodplain and property-maintenance violations and set deadlines for compliance, the magistrate said during the session.

The hearing included status-of-compliance and violation matters for properties at addresses including 4855 Dolphin Lane; 190 Bayview Ave.; 280 Fairweather Lane; 132 Andre Marr Drive; 16 Bayview Boulevard; 3111 Shell Mound Boulevard; 710 Matanzas Court; 5560 Avida Pescadora; and 126 Anchorage Street. Town code officers presented evidence and photographs for each case and asked the magistrate to issue findings of violation, administrative fees and, if necessary, daily fines until violations are abated.

The magistrate opened the session by reminding participants this was a quasi‑judicial proceeding and that the town bears the burden of proof. “Formal rules of evidence do not apply, but fundamental due process will apply in government proceedings,” the magistrate said. Town officers then presented exhibits and testimony case by case.

Town officers requested findings of violation and administrative fees (the town sought $250 in multiple matters) and asked that daily fines be authorized to begin if properties remained noncompliant. For example, Code Officer Tee Hoffman and Marshall Chavez presented multiple exhibits (notice of violation, reinspection affidavits and photos) for separate properties and asked the magistrate to admit them into evidence. Those exhibits were admitted during the hearing.

Several outcomes and next steps named during the hearing:
- The magistrate said she would issue written orders after reviewing the materials. For several matters she set a near-term compliance benchmark and said fines would begin to accrue after the specified deadline if violations were not remedied. The magistrate repeatedly set a three‑week status timeline for matters where the town sought immediate follow-up and said she would enter orders documenting the findings.
- For one case (710 Matanzas Court), the town’s affidavit of compliance for a 09/02/2025 reinspection was accepted; the town reported the property was in compliance as of that inspection and the magistrate indicated she would include that finding in her order.
- For the property at 3111 Shell Mound Boulevard (owner Marie Dion), town staff reported a demolition permit had been applied for and was issued on 08/21/2025; the magistrate said demolition or securing the structure and removing debris would satisfy key public‑safety concerns and reiterated the three‑week compliance window for remaining items.
- In cases involving unpermitted structural and decking work (for example, 190 Bayview Ave.), town staff and respondents discussed permit reviews. The magistrate allowed a permit revision route in at least one case (the Tiki‑hut and adjacent decking at 190 Bayview Ave.) pending permitting review rather than ordering immediate removal.
- Several respondents said they had applied for permits or submitted paperwork; town permitting staff told the magistrate during the hearing that some submittals were still in review or that the permitting office had not yet received certain documents that respondents believed they had provided. The magistrate asked the town to confirm what, if anything, remained outstanding and to work with respondents to resolve remaining submittals.

Responding property owners and representatives were given the opportunity to speak. Christopher Robertson, identified in the hearing as a property owner, told the magistrate, “Everything is complete,” and said he had recorded a floodplain affidavit and submitted photos of installed flood vents; town permitting staff said those items had not yet been approved through permitting. Respondents in other cases described delays obtaining surveys or contractor availability and asked for continuances or time to finalize permitting steps.

The magistrate took several matters under advisement, said she would review submitted permit records and supplemental materials, and stated she would issue written orders (some within 15 days, others after further review) setting the formal findings, compliance benchmarks and any fines or administrative fees. The magistrate repeatedly urged town staff and respondents to clarify outstanding submittals so the matters could be closed if the town confirmed substantial compliance.

The session closed with the magistrate instructing the town to continue communicating with respondents about outstanding permitting requirements and promising written orders that will document each case’s compliance status and next steps.

Ending: The magistrate will issue written orders for each case after review of the hearing record and submitted permitting materials; those orders will set compliance deadlines, and fines and administrative fees will be applied only if properties remain out of compliance after those deadlines.

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