Hearing for 151 Miramar Street continued after town reports no visible compliance; new date May 7 at 2 p.m.

At a Fort Myers Beach special magistrate hearing April 7, the magistrate continued the status hearing for the property at 151 Miramar Street after town staff reported multiple inspections showed no visible compliance with floodplain and permit requirements.

Code Enforcement Manager Michael Howerman said the Jan. 27, 2026 order required compliance within 60 days and authorized fines of $250 per day plus administrative costs for continued violations. Howerman told the magistrate that inspections on March 30 and April 6 found "no visible evidence of compliance" and that town staff filed affidavits corroborating those findings. Howerman also said staff had not been granted interior access to confirm work inside the structure.

Counsel for the property owners, Attorney Zachary Lieru of Wretzel and Andress, said he recently took over the file and requested a 30-day continuance to meet with town staff and develop a path to compliance. "We are in agreement with a 30-day continuence to allow time to have more meetings with town staff and the town attorney," Lieru said.

The magistrate and parties discussed whether the continuance would affect appellate timing; the magistrate said he did not intend to alter statutory appeal periods and would not rule on that point now. Both sides agreed to defer any decision on imposing fines or certifying a lien until the next hearing. The magistrate continued the case without resetting the compliance deadline and set a special hearing for May 7, 2026 at 2:00 p.m. for a progress report and further consideration of fines or other remedies.

The town said it prefers to assist property owners in reaching flood-code compliance to maintain the town's obligations under the National Flood Insurance Program. The magistrate said he would draft and circulate orders reflecting the continuance.