Fort Myers Beach special magistrate issues compliance orders, fees and fines for multiple properties

FORT MYERS BEACH, Fla. — At a special magistrate hearing Oct. 7, the Town of Fort Myers Beach issued a series of compliance orders, administrative fees and daily fines against multiple property owners after code enforcement officers reported unresolved safety and permitting violations.

The magistrate found some properties in compliance and imposed only administrative costs; for other properties the magistrate ordered daily fines to begin if owners did not meet deadlines and set status hearings to review progress.

The hearing covered roughly a dozen code-enforcement cases. Town code officers presented reinspection photos and affidavits for each property and asked the magistrate to assess a $250 administrative fee in most cases to cover the cost of bringing the matters before the special magistrate. Officers also requested daily fines in instances where prior compliance deadlines had passed.

Several outcomes announced at the hearing included:

- Little Conga LLC, 5531 Estero Boulevard: Town code officer Marshall Travis reported the pool and fence were secured in a reinspection on Aug. 26. The magistrate found the property in compliance as of that reinspection, declined to impose the requested daily fine and instead assessed a $250 administrative fee to cover the town’s cost of bringing the matter before the magistrate.

- Scott Sullivan, 190 Bayview Avenue: Code officer Terry White (Terry Wyke appears elsewhere in the record) reported the tiki hut and raised decking remained without an approved permit and that the administrative fee had not been paid. The magistrate found Sullivan out of compliance and imposed a $150-per-day fine effective Oct. 1 and an administrative fee of $250; the magistrate directed Sullivan to notify the town when compliance is achieved.

- Cummings / Driscoll / Stevens, 280 Fairweather Lane: Officer Tee Hoffman reported the vehicle with expired registration remained and the structure remained in disrepair despite partial repairs. The magistrate found the respondents not in full compliance, assessed a $250 administrative fee and—after noting partial repair of a pool barrier—announced she would “reduce the fine to $1.50 per day until it comes into compliance,” and placed the burden on the respondents to notify the town when compliance is achieved.

- Starlight Property Investments, 132 Andre Marr Drive: Officer Hoffman testified the pool enclosure remained unsecured and contained stagnant water. The magistrate found the property still in violation, ordered a $200-per-day fine starting Sept. 25, 2025, and assessed a $250 administrative fee; the magistrate directed the respondent to notify the town when the property is secured.

- Bayview Life Inc., 16 Bayview Boulevard: Marshall Travis reported the pool had been cleaned but the pool enclosure remained unrepaired. The magistrate found the property in violation, ordered a $200-per-day fine beginning Sept. 25, 2025, and assessed a $250 administrative fee; no immediate status hearing was set unless parties request one.

- 3111 Shell Mound Boulevard (Marie Denon): Officer Terry Wyke reported demolition and cleanup had been completed and the required $250 fee had been paid. The magistrate found the property in compliance and issued an order of compliance; no fine was imposed.

- 1901 Estero Boulevard (Y or Yay LLC): Officer Hoffman reported ongoing structural disrepair and unsecured areas presenting a public-safety concern at a North End property. The town asked for a $250 administrative fee and a $250-per-day fine from the Sept. 10 compliance date; the magistrate found a violation, imposed the administrative fee and said she would impose a fine but took the amount under advisement to review submitted documents before issuing a final written order. Attorney James Ink, representing the property owner, told the magistrate the owner had applied for demo and other permits and said, “we are diligently working at trying to get this abated.”

- 5530 Palmetto Street (Katadan LLC): Officer Hoffman reported the property had been brought into compliance by late September. The magistrate verified compliance, imposed a $250 administrative fee and assessed a $125-per-day fine for the period between Aug. 26 and Sept. 24, 2025, consistent with the evidence of delinquent compliance during that interval.

- 8100 Lagoon Road (Marco Lopez and Anna Bridal): Officer Wyke reported work performed without permits and noted a permit application submitted on Sept. 30 was in “awaiting required documents” status. The town requested a $250 administrative fee and asked for daily fines if required documents were not provided. The magistrate gave the property owners two weeks to provide requested documents and scheduled a status hearing for Nov. 4; if the owners fail to provide documents by the court-ordered deadline, fines will begin to accrue.

- 120 Sable Drive (Ekman / Swayze) and 130 Sable Drive (Roadheffer): Inspecting officers reported both properties had since been brought into compliance. The magistrate found compliance in both matters, imposed $250 administrative fees in each case for having to bring the cases before the magistrate, and did not assess daily fines.

- 5850 Estero Boulevard (Dreebs Family Trust): Officer Travis reported the pool enclosure remained unsecured; the magistrate found a violation, imposed a $250 administrative fee, gave the owner two weeks to come into compliance and scheduled a Nov. 4 status hearing; a daily fine will begin after the two-week deadline if the matter is not resolved.

- 140 Flamingo Street (MSB Holdings Trust Corporation): Officer Hoffman reported overgrowth and accumulation of debris. The town asked for a $100-per-day fine and a $250 administrative fee. The magistrate ordered the property owner to abate the violations within 10 days, set a status hearing for Nov. 4, and said a daily fine would be imposed automatically after the 10-day deadline if the property remains noncompliant.

Throughout the hearing the magistrate repeatedly emphasized that, unless a property owner notifies the town that they have achieved compliance, fines will continue to accrue. The magistrate also noted she would issue written orders with findings of fact and conclusions of law within 15 days.

The cases were presented by town code officers (Marshall Travis, Terry Wyke/Terry White, Tee Hoffman and Marshall Chavez) and, in at least one matter, a property-owner representative (attorney James Ink) spoke on behalf of the respondent. In multiple matters the town admitted photographic affidavits as exhibits and requested administrative fees of $250 to cover the cost of bringing cases to the special magistrate.

What’s next: The magistrate will issue written orders in the coming days with the precise fines and deadlines she announced from the bench; several matters were set for status review at the Nov. 4 docket if compliance deadlines are not met.