Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Code Enforcement Pool 155 Hibiscus topic
No spam. Unsubscribe anytime.
Magistrate orders daily $250 fines, authorizes town to secure pool at 155 Hibiscus
Summary
A Fort Myers Beach special magistrate ordered daily $250 fines and authorized the town to secure a partially fenced pool at 155 Hibiscus after the owner failed to apply for demolition or permanent‑fencing permits despite removing debris and draining the pool.
Special Magistrate Monica Schmucker ordered an enforceable remedy on 155 Hibiscus after code enforcement officials reported the property remained without required permits and presented recent photos showing temporary fencing and the pool structure still in place.
Terry Wyke, a town code enforcement officer, told the hearing the owner, Cecilia Gonzales, had "removed the debris, has maintained the weeds and grass below 12 inches, and removed the pool water," and had paid earlier administrative fees. However, Wyke said, "the property owner has not applied for any permits to demolish the pool or erect a proper pool barrier," and photographs from 02/18/2026 showed temporary fencing still in place.
The town asked the magistrate for a "final order of noncompliance" and requested daily fines of $250 "for each day the property has remained in noncompliance since the 01/01/2026" order, and asked that the owner either install permanent fencing or demolish the pool (both actions require town permits).
Magistrate Schmucker said she would "issue an order imposing those fines pursuant to the January order. As of 01/01/2026, I'll impose another $250 administrative cost for today's hearing as well as, I will authorize the town . . . to hire somebody to secure that, then that can be done as well, and the costs would be added . . . to the lien as well." The magistrate instructed the town that, if the violation was an immediate safety threat, it may correct the hazard and place the cost as a lien on the property.
No representative for the property owner appeared at the hearing. The order described above will be issued in writing by the magistrate following the hearing, and any costs the town incurs to secure the site will be charged to the property as provided by the order and town code.
