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Owner of 190 Bayview granted 30 days to resolve permitting issues; town warns fines possible
Summary
Special magistrate granted Scott B. Sullivan 30 days to work directly with town staff to resolve permit resubmittal issues for unpermitted structures at 190 Bayview Avenue; the town asked for a $250 administrative fee and warned it could impose $250-per-day fines if progress is not made.
Monica Schmucker, the Town of Fort Myers Beach special magistrate, granted the property owner at 190 Bayview Avenue 30 days to work directly with town staff to resolve outstanding permit issues for work done without proper permits.
Terry Wike, a code enforcement officer with the town, testified the town’s records show an initial inspection on Aug. 15, 2024, that found construction of a wooden deck and a tiki hut outside the scope of permit number 20236648. The town issued notices and conducted reinspections; Wike said a reinspection on June 5, 2025, found the property still in noncompliance and that the permitting department had issued multiple rejection comments.
Owner Scott B. Sullivan told the magistrate he has had trouble getting the contractor to finish permit work and asked for time to take responsibility for permitting; he said he would personally pursue the needed materials. Wike said the permit review had reached at least three rejection cycles and that resubmittal must include measurements to show a 20-foot rear property line and the five-foot rear setback and that an as-built survey will be required to receive a final permit.
The town requested findings of violation, a $250 administrative fee, and 30 days for the owner to apply for and receive necessary permits. Wike added that the town would request a $250-per-day fine if the violations were not corrected after that period. Magistrate Schmucker said she would give the owner the 30 days and asked the town to work directly with him; she said she would not automatically impose fines if there was demonstrable progress, but fines could be ordered if there was no progress after the period.
Discussion only: town described specific permit deficiencies and measurement requirements. Direction: town staff to provide direct contact information and work with the owner to get the resubmittal started. Decision: magistrate ordered 30 days for the owner to show progress; potential fines remain a possible later enforcement step.
