Fort Myers Beach magistrate orders fines, authorizes town action on four Sugar Beach Estates properties; dismisses absent appellant

Monica Schmucker, the appointed special magistrate for Fort Myers Beach, signed orders at a code-enforcement hearing authorizing daily fines, lien certification and town action to secure four properties owned by Sugar Beach Estates LP after town inspectors found the sites remained in violation of the town's land development code.

The orders stem from reinspection findings that the properties had not been brought into compliance following a prior magistrate hearing on March 19, 2026. Town officers presented photographs taken April 15, 2026, and told the magistrate that reinspections performed April 2, 2026, showed no corrective work. "The property remains in violation... and remains a serious threat to the public health, safety, and welfare," Officer Offin said when describing the conditions at 5276 Estero Boulevard. The town asked that daily fines of $2.50 begin April 3, 2026, that lien certification be authorized and that an additional $250 administrative fee be imposed for each case brought back before the magistrate.

Officer Oscar Hoffman, representing the town for the other three cases, submitted the enforcement order dated March 24, 2026, and affidavits and photographs of post-hearing noncompliance. Hoffman told the magistrate the town had conducted permit searches and furnished the evidence for the record. "These properties were ordered to come into compliance and they have not done so," Hoffman said, summarizing the town's position.

Magistrate Schmucker admitted the exhibits, asked the town to submit proposed orders in Word format so she could make revisions before signing, and said she would enter orders consistent with the town's requests. For the Sugar Beach Estates matters, she authorized the imposition of the previously set daily fines, the assessment of costs including the requested $250 administrative fee, and the certification of liens for costs incurred by the town to correct violations. She also directed that the town take steps to secure the properties so that members of the public cannot access unsafe structures.

Separately, the magistrate called a citation appeal involving Robert Marmarosa for an alleged violation of LDC 19.06 (performing without a permit). Marmarosa did not appear despite being notified; after holding the case until the end of the hearing, Schmucker dismissed the appeal for failure to prosecute. Staff confirmed they would email copies of the final orders to the parties.

The hearings dealt specifically with code enforcement under chapter 2, article 5 of the Fort Myers Beach Land Development Code and procedures under Florida Statutes chapter 162. The magistrate prepared and will sign the final orders, which will document findings of fact, conclusions of law, fines, administrative fees and lien certifications. The hearings adjourned with no additional items on the agenda.