Code enforcement dismisses 'The Whale' case after owner brings property into compliance

At a Fort Myers Beach code enforcement hearing, town staff said the property maintenance violation for 1249 Estero Boulevard, known as “The Whale,” has been corrected and the case will be dismissed with a $250 administrative fee.

Town Attorney Nancy Stupart told the hearing the parties had worked toward a stipulation to avoid an evidentiary hearing. Officer Thomas Yazzo, the town’s operations compliance manager, testified that the structure causing the violation had been removed and that the property had come into compliance “as of Friday of last week.”

Officer Yazzo said the town would move to dismiss case number FMB20240919 but seek an administrative cost. “They have removed the structure that was causing the issue. They are in full compliance as of this time,” Yazzo said. Nancy Stupart clarified the town sought a finding that a violation occurred and a $250 administrative fee but was not seeking a fine because the owner cooperated.

The hearing officer said the tribunal would enter a final order finding the violation, confirming compliance, and imposing prosecutorial costs recoverable by statute. The officer confirmed the administrative fee amount as $250 and that the property’s remaining obligation was to maintain compliance.

No further action was taken at the hearing on this matter; the clerk will reflect the dismissal in the file and the case will be closed consistent with the order entered by the hearing officer.

Ending: The hearing record shows the matter resolved by compliance and a modest administrative fee; the clerk will enter the final order reflecting the dismissal and fee.