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Special magistrate finds three Fort Myers Beach properties in compliance, assesses or waives $250 administrative fees

2506342 · March 5, 2025
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Summary

A special magistrate hearing March 5 in Fort Myers Beach recorded three code-enforcement cases as resolved: two properties were declared compliant with $250 administrative fees assessed (one with 30-day payment, one with 60-day hardship payment) and one property’s $250 fee was waived after timely compliance.

Special Magistrate Monica Schmucker presided over a Fort Myers Beach special magistrate hearing March 5 and recorded three code-enforcement matters as resolved after officers reported the properties had been brought into compliance.

The actions covered three cases: case no. 20241151 at 207 Driftwood Lane, case no. 20240786 at 7864 Buccaneer Drive, and case no. 20240680 at 32 Fairview Boulevard. In each matter the town proved a prior violation and officers presented affidavits of compliance and photographs documenting remediation.

Schmucker said she would issue orders for each case. For case 20241151, filed against Praras Builders LLC for property at 207 Driftwood Lane, Code Compliance Officer Bette told the magistrate the respondent had brought the property into full compliance on or before March 4, 2025. The town requested no daily fines and a $250 administrative fee be assessed; the respondent representative, Hema Prasad Ritti, said the respondent agreed. Schmucker said she would find a violation had occurred, that it was now complied with, assess a $250 administrative fee, and issue an order within several days. Officer Bette and Ritti discussed a 30-day payment period.

In the continued case, 20240786, involving property at 7864 Buccaneer Drive owned by Henry Lyons, Code Compliance Officer Batt reported the property was brought into full compliance on or before Feb. 18, 2025, following a prior hearing and a continuance to March 5, 2025. The town asked the magistrate to record the violation as complied, assess no daily fines and impose a one-time $250 administrative fee; Batt requested 60 days to pay the fee because of hardship. Schmucker said she would issue an order finding the property had been in violation and had been brought into compliance and that the $250 administrative fee would apply with 60 days to pay.

For case 20240680, a status update on a property listed as Selhart Properties at 32 Fairview Boulevard, Officer Batt testified the property was in full compliance by Jan. 30, 2025. Batt asked that the $250 administrative fee previously ordered on Jan. 14, 2025, be waived because the bulk of the work had been completed before that hearing and the remaining work finished within allowed time. Schmucker issued an order of compliance and waived the $250 fee and said she would close the case on receipt of the signed order.

All exhibits submitted by the town—affidavits of compliance, photographs and related email chains—were admitted into the record for the respective cases. Schmucker reminded those providing testimony they had been sworn and said orders would follow by email.

The hearing was adjourned after the magistrate completed the docket.