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Town presents ongoing pool‑structure violation at 1240 Estero Boulevard; magistrate to issue order
Summary
Fort Myers Beach code officers reported ongoing structural issues at 1240 Estero Boulevard (Gannon Properties LLC). The magistrate accepted evidence, took the penalty under advisement, and said she would issue a written order shortly.
Town code enforcement described a deteriorated in‑ground pool foundation at 1240 Estero Boulevard that the town says poses a public‑safety risk because of its proximity to the beach.
Officer Tim Hoffman presented exhibits including a notice of violation, certified‑mail receipts and photos (exhibit A) showing notices posted in November 2025, an affidavit of noncompliance after a 01/21/2026 reinspection (exhibit B), and a final affidavit of noncompliance with photographs after a 02/18/2026 inspection (exhibit C). Hoffman said these records "demonstrate that notice was provided to the property owner," and asked the magistrate for a finding of violation and imposition of administrative penalties.
Hoffman asked that the magistrate impose a $250 administrative fee to cover the cost of bringing the matter before the special magistrate, and requested a daily fine of $250 "starting on this date until the violations are fully abated" because of the site's safety concerns. Magistrate Monica Schmucker confirmed the condition is structural ("there's no water ... It's a structure issue") and asked whether the town could secure the property if it became a safety hazard; Hoffman said he would inquire.
The magistrate took the question of penalty under advisement to review the photos and evidence and said she would issue an order with findings of fact and conclusions of law within a day or so rather than waiting the full 15 days allowed for orders.
The town counsel or property representative did not present contrary testimony at the hearing. Any order the magistrate issues will reflect the evidence admitted into the record and the magistrate's determination of appropriate fines or remedies.
