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Special Magistrate finds violation, imposes fines for unpermitted fill at 256 Astego Drive
Summary
Special Magistrate John Van Laningham found a violation for unpermitted fill at 256 Astego Drive on May 5, 2026, ordered an administrative fee of $352.52, a $250-per-day fine until abatement and set a 30-day compliance deadline; several other permit cases were continued to Aug. 4, 2026.
Special Magistrate John Van Laningham found a code-enforcement violation on May 5, 2026, for unpermitted shell fill at 256 Astego Drive in Fort Myers Beach and ordered penalties and a 30-day compliance deadline.
The town’s witness, Officer Hoffman, presented sworn testimony and exhibits that included a notice of violation and a permit-search affidavit showing no permit had been applied for or issued for the shell fill work. Officer Hoffman identified the property owner as KW Oasis Limited and asked the magistrate to issue an order, impose an administrative fee of $352.52 and assess a $250-per-day fine until the code violations are abated. “As a result of the subject property owner's failure to bring the property into full compliance with town code section 6-441, permits required... I ask that an order be issued,” Officer Hoffman told the magistrate.
After reviewing the exhibits and testimony, Special Magistrate John Van Laningham said, “So based on the exhibits and the testimony, I will make a final violation,” and entered a code enforcement order reflecting findings of fact and conclusions of law. The magistrate set a compliance deadline of 30 days from the May 5 hearing, ordered the administrative fee of $352.52 and the $250-per-day fine to run until the violation is abated. The magistrate said an order documenting the decision would be issued to the parties.
The town cited the action under town code section 6-441, which requires permits for the work in question. Officer Hoffman said the town’s exhibits included posting and certified-mail records showing the respondents were notified and final inspection photos dated May 4, 2026. The magistrate accepted the town’s exhibits into the record.
Earlier in the session, the clerk moved to continue two permit-related cases — Case 20240733 (146 Hercules Drive, Midwest Decoration Company) and a B&B property with permit 240836 — because the owners need additional time to supply final information and finalize flood-type compliance for a first-floor area; the magistrate continued both matters to Aug. 4, 2026. The clerk also noted that Estero Boulevard case 202600575863 is now in compliance and was removed from today’s agenda.
The magistrate and clerk announced that lead assessment hearings from prior matters will be scheduled in the coming months. The magistrate noted a special set on May 7 for an ongoing matter and then adjourned the hearing.
The town will issue the magistrate’s written order and any necessary notices; the compliance deadline is 30 days from today’s hearing (May 5, 2026).
