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Special Magistrate Continues Two Code Cases to April 1; Dismisses Seven After Compliance Filings
Summary
At the Fort Myers Beach Special Magistrate hearing March 4, the magistrate granted continuances for two ongoing code cases and dismissed seven cases after receiving affidavits or evidence of compliance.
The Fort Myers Beach Special Magistrate on March 4 continued two enforcement cases to April 1 and granted motions to dismiss seven cases after city staff filed affidavits showing compliance.
The actions affect properties on Estero Boulevard and Miramar Street and follow follow-up work after prior hearings. Thomas Yazzo, Fort Myers Beach operations clients manager, told the magistrate that several items had been moved on the agenda and that some properties had since come into compliance.
Why this matters: the dismissals remove pending code enforcement liens or actions for property owners who filed required paperwork, while the continued cases remain active pending permits or an appeal in circuit court.
The magistrate continued two matters at the request of respondents and with no objection from the city. Jeff Walker, with Himelstein Associates, asked for a continuance for 2815 Estero Boulevard while permitting reviews and FEMA-related reviews proceed. Walker said, “We were in the process of, permitting, getting the permit approved. It's in review right now to come in compliance with what the city and FEMA require.” The magistrate set that matter for April 1.
Attorney Amy Tubbo of Retzel and Andres asked that KLC Surf LLC be continued while an appeal proceeds. Tubbo said the respondent has taken steps to obtain building plans and had provided renderings to the town. She said the temporary permits that were previously issued and later rescinded required permit plans to be filed by September; the respondent is accelerating those efforts. The magistrate continued KLC Surf LLC to April 1.
The magistrate also granted motions to dismiss the following cases after the town received affidavits or other proof of compliance: Island Towers Condo Association (4900 Estero Boulevard), 2450 Estero Boulevard LLC (2450 Estero Boulevard), Windward Passage Resort Condo (406 Estero Boulevard), trustee of Patricia Smith (81 Miramar Street), the property at 8285 Estero Boulevard owned by Carrie and Laura Kledzic, and 1821 Estero Boulevard Corporation (dba Sun and Fun). The city had filed motions and affidavits for those matters and the magistrate granted the dismissals at the hearing.
During the hearing Thomas Yazzo summarized the docket changes and confirmed placement of several items into the compliance section after recent submissions. The magistrate commented that the progress since hearings in January represented a positive outcome and adjourned the session noting satisfaction with the number of cases resolved.
Votes at a glance: the hearing record shows the magistrate granted continuances and approved dismissal motions; these actions were not recorded as contested roll-call votes. Specific dispositions recorded in the hearing include continuances to April 1 and case dismissals following affidavit filings.
What’s next: the magistrate scheduled the next hearing for April 1, where continued matters will return and additional affidavits of lien or compliance may be presented.
