Special Magistrate Monica Schmucker presided over a Fort Myers Beach code‑enforcement hearing on Jan. 14, where several property owners were found in compliance and one owner was ordered to take immediate safety steps.
The town reported that multiple properties had met the conditions of prior notices and would be closed with orders of compliance. Officer Hoffman, the town’s code enforcement officer, presented affidavits and photographs showing that properties at 61 Flamingo Street (case 20251067) and 175 Bahia Via (case 20251131) had submitted affidavits of compliance and worked with staff to resolve violations. Hoffman said the town would record the earlier violations and seek payment of the standard $250 administrative fee to cover the hearing costs. “The property is now in compliance with town code requirements,” Hoffman stated for one of the cases. Magistrate Schmucker admitted the exhibits and said she would issue orders accordingly.
In status updates, Terry Wyke of the town reported that a permit (no. 181692) for the property owned by Bryce and Barbara Giese at 1266 Anchorage Street had been issued and that supporting affidavits and photos dated Jan. 14 documented compliance; Schmucker said she would issue an order of compliance and close that case. Officer Hoffman also reported that reinspection of 150 Hibiscus Drive showed violations had been abated and that the $250 administrative fee had been paid; the magistrate said she would issue an order recording compliance.
One case remained unresolved. For case 20250968, involving 155 Hibiscus Drive, Wyke presented an affidavit of noncompliance and photos showing persistent rubbish, debris and a swimming pool that was “not clean or sanitary” and emitted a foul odor. The town asked for a $250 administrative fee and that fines of $250 per day be considered from the order date until full compliance is reached. Respondent Cecilia Gonzales told the hearing she plans to demolish the house and remove the pool, and submitted a contractor estimate and a demolition plan. “I am going to demolish the house,” Gonzales said, adding she had a contractor ready and money to pay up‑front.
Magistrate Schmucker issued immediate directives: she ordered the pool drained, cleaned and secured within one week and set a deadline for permit submission by Jan. 30, 2026. She warned that if paperwork is not timely submitted or the property is not brought into substantial compliance, the town may assess fines at the next hearing. The town’s code manager, Michael Hausman, advised that demolition and pool‑removal permits can be processed separately and described inspection expectations for pool fills and drain holes.
Other procedural actions included a granted continuance to Feb. 19 for case 20251156 (1240 Estero Boulevard) and a continuance request granted for case 20251220 (101 Baymar). For case 20250722 (167 Chapel Street), Wyke said a permit application (no. 252511) was pending; the town will hold a status hearing in February to confirm completion and to follow up on outstanding administrative fees.
The hearing concluded after the magistrate confirmed she would issue written orders documenting the compliance findings, the administrative costs, and the deadlines imposed on the noncompliant property. With no other business, the magistrate adjourned the session.
What happens next: the magistrate will issue written orders within 15 days reflecting the on‑record findings, and the town will verify compliance on cases where deadlines were set. If conditions at 155 Hibiscus Drive are not remedied by the deadlines, the town may pursue fines and further enforcement action.