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Owners of Coco Kai units at 5040 North Beach Road granted 90 days as insurance delays stall demolition
Summary
Representatives for the Coco Kai association said open insurance claims and disputed coverage have delayed demolition or repairs at 5040 North Beach Road; the magistrate found the property in violation, consolidated related unit cases, gave 90 days to begin compliance, and authorized county abatement if owners fail to act.
The Charlotte County special magistrate on April 23 entered a consolidated order for multiple units at Coco Kai (5040 North Beach Road) after county staff said the structure was substantially damaged by recent hurricanes and no demolition or repair permits were on file.
Gary Rodelhorst, the county’s certified code-compliance officer, presented photographs and permit-history information and told the magistrate there were no permits for demolition or permanent repair. "There has been no permit issued for the repair or demolition of the unsafe, dangerous structures," he said when offering photographic evidence into the record.
Unit owner David Shearer told the magistrate that the reason the building had not been demolished was ongoing insurance disputes. "The whole reason we have not demoed the building right now is because they have open insurance claims that have not been paid," Shearer said, adding contractors have provided quotes and the owners had sought FEMA-related contractor assistance to address demo costs.
The magistrate acknowledged the hardship and the difficulty of contractor availability and insurance timelines but said the county must also protect neighboring properties ahead of hurricane season. The magistrate consolidated the related unit cases, found the properties in violation, and set a 90-day compliance window to start work and obtain necessary permits. He also granted the county the option to abate (require county-performed demolition) after that window and said fines would accrue for continued noncompliance. "I'm going to grant the county abatement in this case," he said during the order.
The action requires owners to move forward with either permitting for repair or contracting for demolition; if the county performs abatement the associated hard costs would become liens against the property, a risk the magistrate explicitly warned owners about. County staff said demo permits can be expedited but that mobilization by contractors and insurance negotiations can extend timelines.
