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Magistrate continues Fort Myers Beach enforcement hearing over lower‑level plumbing at Miramar Street home

December 05, 2025 | Fort Myers Beach, Lee County, Florida


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Magistrate continues Fort Myers Beach enforcement hearing over lower‑level plumbing at Miramar Street home
Special Magistrate John Van Laningham on Thursday continued a code‑enforcement hearing over alleged noncompliant ground‑floor plumbing at 151 Miramar Street until Jan. 6, 2026 to allow the town’s floodplain manager to review documents submitted by the property owners.

The continuation came after Michael Hausman, the town’s code compliance manager, told the magistrate the town’s enforcement focus is repairs and work that occurred after Hurricane Ian in 2022, which could trigger floodplain‑related plumbing restrictions. Hausman put the alleged violation on the record as "keeping or maintaining a non‑compliant portion of the structure," citing FEMA regulations and the town code; he recommended 30 days to comply and a $250‑per‑day fine thereafter if the property were found in violation.

Owner Carol Thomas, who bought the house on April 30, 2021, presented multiple exhibits, including a 75‑page permit file, a 2007 permit application (RES2007‑10191), a Lee County property card and a completion certificate for permit 232518 dated July 21, 2025. Thomas argued the lower level has been finished and contained plumbing since 1971 and that the town’s historical records corroborate the condition. "The plumbing existed prior to Hurricane Ian and prior to the flood mapping by FEMA in 1984," Thomas said. "We did not change plumbing. We did nothing. We would put back exactly what was there, repaired only."

Witnesses Helen and James Crumby, prior owners, testified they purchased the home in 1998 and said a tenant lived downstairs and used the plumbing then. James Crumby told the court, "There was plumbing."

Magistrate Van Laningham explained that if the floodplain manager determines the use can be documented as a pre‑FIRM/nonconforming use, the owners could avoid having to cap off plumbing; if not, a finding of violation could require plumbing to be capped or removed. "If the property is not in compliance by that day, we'll start running a $250 per day fine on January 7," Van Laningham said, noting that costs of processing the enforcement action would also be assessed only after a violation determination.

The magistrate therefore continued the matter to the Jan. 6, 2026 docket to give the floodplain manager time to review the evidence. The town indicated it will provide the floodplain manager the owners’ documentation prior to the next hearing.

Next steps: the town’s floodplain manager will review the submitted exhibits and advise the magistrate; the hearing will resume on Jan. 6, 2026 and the magistrate will then determine whether a violation has occurred and, if so, set compliance deadlines and any fines.

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