Fort Myers Beach magistrate issues fines, grants continuances in multi‑case code‑enforcement hearing

Special Magistrate Monica Schmucker presided over a code‑enforcement hearing for the Town of Fort Myers Beach on Nov. 3, 2025, where the town presented evidence in multiple property‑maintenance and permitting cases and the magistrate issued orders ranging from an order of compliance to daily fines and continuances.

The town’s case presentations were led by Officer Hoffman, a court enforcement officer for the Town of Fort Myers Beach, and by Michael J. Hauserman, the town’s code compliance manager. Officer Hoffman presented photographs, certified‑mail receipts and affidavits in several matters, and the town asked the magistrate to find violations and impose administrative fees and daily fines where properties remained out of compliance.

The most immediate enforcement action concerned FMB case 20251033 (150 Hibiscus Drive). Officer Hoffman offered exhibits showing overgrown vegetation, debris and construction material on the property and said a reinspection on Oct. 29 and Nov. 3, 2025, showed the violations persisted. With no respondent present, Special Magistrate Monica Schmucker found sufficient evidence of a code violation, allowed two weeks for abatement, assessed a $250 administrative fee and stated a $100‑per‑day fine will be imposed if the property does not come into compliance by the deadline. “I find that there's sufficient evidence to find a violation of the code,” Schmucker said after admitting the exhibits into evidence.

In FMB case 20251032 (161 Hibiscus Drive), Officer Hoffman testified the property’s overgrown weeds had been abated but the in‑ground pool remained secured only by temporary orange construction fencing and contained stagnant water, creating a safety concern. The town asked the magistrate to find a violation limited to the pool barrier and to allow time for permanent repairs. The magistrate found a violation relating to the pool barrier, imposed a $250 administrative fee, allowed 30 days to secure the pool with a permanent fence and deferred any daily fines pending a status hearing.

For FMB case 20251034 (167 Hibiscus Drive), the town presented evidence that exterior work had been performed without the required permits. Code Compliance Manager Michael J. Hauserman told the magistrate the town found only a single prior permit (for a front door and one window) but not permits for other window, siding or roofing work. The magistrate found a violation for the lack of permits, assessed a $250 administrative fee, granted 45 days to obtain and finalize the required permits and reserved the right to impose a daily fine thereafter.

At least one property was returned to compliance during the hearing. Code Enforcement Officer Terry Wyke reported that the owner of FMB case 20240736 (4855 Dolphin Lane) had obtained required permits and paid the $250 administrative fee; the magistrate issued an order of compliance.

Other cases were ordered or continued as follows: the magistrate found FMB case 20240691 (5560 Avenida Pescadora) remained noncompliant and ordered a daily fine to begin Nov. 1 until permits are obtained and the administrative fee paid; FMB case 20250560 (8100 Lagoon Road) remained noncompliant and the magistrate imposed the previously established $150‑per‑day fine beginning Oct. 22 plus the $250 administrative fee; FMB case 20250341 (5850 Estero Boulevard) remained noncompliant on a pool/barrier issue and the magistrate ordered the daily fine established in the prior order to begin Oct. 22 and assessed unpaid administrative costs; and FMB case 20250675 (140 Flamingo Street) remained out of compliance and the magistrate ordered a $250 administrative fee and a $100‑per‑day fine beginning Oct. 18 until compliance is achieved.

One contested matter, FMB case 20240936 (126 Anchorage Street), drew extended public testimony from property owner Bryce Giese, who described multiple prior permits, a post‑hurricane reconstruction permit and numerous communications with building‑department staff. The town and Mr. Giese agreed to a scheduling meeting with the building/permits staff; the magistrate continued the matter to the December hearing and held off imposing daily fines while the parties pursue a resolution. “I’ve spent about 35 years in the building business,” Giese said while summarizing his documentation and permit history.

Another matter with a respondent present, FMB case 20250888 (1339 Santos Road), was continued by agreement to allow the officer to obtain additional information and to give the property owner time to clarify compliance steps.

The magistrate closed the hearing after entering orders and continuances. In all cases the magistrate instructed respondents to notify the town when compliance is achieved and indicated that, unless otherwise continued, daily fines described in the prior or newly entered orders will continue to accrue until the town is notified and an order of compliance is issued.

Votes at a glance (selected case outcomes): - Case 20251033 (150 Hibiscus Drive): finding of violation; 2 weeks to comply; $250 administrative fee; $100/day fine to accrue after deadline. - Case 20251032 (161 Hibiscus Drive): finding of violation limited to pool barrier; 30 days to comply; $250 administrative fee; daily fines deferred pending status. - Case 20251034 (167 Hibiscus Drive): finding of violation for work without permits; 45 days to obtain permits; $250 administrative fee; daily fines reserved thereafter. - Case 20240736 (4855 Dolphin Lane): compliance confirmed; order of compliance issued. - Case 20240691 (5560 Avenida Pescadora): finding of noncompliance; daily fine to begin Nov. 1; administrative fee outstanding. - Case 20250560 (8100 Lagoon Road): finding of noncompliance; $150/day fine beginning Oct. 22; $250 administrative fee. - Case 20250341 (5850 Estero Boulevard): finding of noncompliance; daily fine from Oct. 22; administrative fee assessed. - Case 20250675 (140 Flamingo Street): finding of noncompliance; $250 administrative fee; $100/day fine beginning Oct. 18.

The magistrate set or confirmed status follow‑up dates where noted and instructed the town and property owners to request a status hearing or submit an order of compliance if corrections occur before the scheduled status date.