Special magistrate gives Fort Myers Beach property owner time to resolve unpermitted deck work

Fort Myers Beach — Monica Schmucker, the appointed special magistrate for the Town of Fort Myers Beach, gave the owner of 190 Bayview Avenue until the magistrate status hearing on April 2 to secure permits and finalize work after town code officers found a raised deck on the property constructed outside the scope of issued permits.

The case, listed as 20240743, was presented by Officer Babb, a code compliance officer for the Town of Fort Myers Beach. Babb said the town’s evidence shows a wood deck and related structure were installed beyond the scope of permit number 236648 and that the deck was not addressed by permit number 243180. Babb said the town issued a notice of violation, posted it on the property on Aug. 16, 2024, re-inspected the site on Jan. 23, 2025, and found the property remained out of compliance. Babb asked the magistrate to issue an order finding a violation of town code and imposing administrative and daily fines in accordance with the code.

The town’s case packet included a warranty deed and tax records tying ownership to Sullivan Scott, photographs from the August inspection, an affidavit of posting for the notice of violation and for the hearing notice, and copies of the referenced permit files. Babb requested an administrative fee of $250 and noted the code allows fines up to $250 per day for each continuing violation.

Sullivan Scott, the respondent, said his contractor assured him permits had been applied for and that there was confusion about whether the tiki-style roof (referred to in the hearing as the “tiki hut” or “cheeky hut”) and the decking required one permit or two. Sullivan said he had been in contact with the contractor and others who reviewed the work and that he thought the permitting had been handled.

Kendra Rosa, the town zoning coordinator, told the magistrate that, based on a conversation with the building official, the tiki hut structure is “not regulated or . . . exempt by the Florida building code,” while the raised deck requires a building permit because it involves building-code-related review; the zoning review for the tiki hut focuses on setbacks. Contractor Craig Knight confirmed the deck and tiki roof are connected and that site plans were submitted during permitting discussions.

Magistrate Schmucker said she would issue a written order within two weeks describing the terms but indicated she would not impose penalties immediately if the owner made demonstrable progress. She set a status check for the April 2 magistrate hearing and said she would allow time for the permitting process, recommending the parties work with the town’s permitting department to obtain the correct permit(s). She warned that if the property is not in compliance by the April 2 status check, fines could begin to accrue.

Background documents in the record show the town first inspected the property on Aug. 15, 2024, posted a notice of violation on Aug. 16, 2024, and performed a reinspection on Jan. 23, 2025. The record includes permit numbers 236648 (pool and surrounding decking, applied Dec. 2023) and 243180 (tiki hut application filed Dec. 12, 2024), neither of which, according to the town’s presentation, clearly addressed the raised deck subsequently installed.

The magistrate’s order will specify deadlines and conditions for substantial compliance; parties were instructed to provide clear, printed site plans and to work with permitting staff to finalize outstanding application items before the April 2 hearing.