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Magistrate signals demolition or securing authority for four Sugar Beach Estates properties near the beach
Summary
After testimony and evidence showing multiple deteriorated structures and public‑access risks, the magistrate granted the town authority to secure or, if necessary for public safety, demolish four Sugar Beach Estates LP properties and ordered the owner to secure the sites or apply for permits within two weeks; imposition of daily fines was reserved.
The Fort Myers Beach special magistrate reserved immediate rulings on four related cases against Sugar Beach Estates LP but said the deteriorated beachfront properties present a public‑safety risk and authorized the town to secure or, if structures are imminently dangerous, demolish them with costs to be placed as liens on the properties.
Officer Hoffman (town code compliance) presented evidence across the four cases — notices of violation, affidavits of non‑compliance, and reinspection photos — and asked the magistrate for findings of violation, administrative costs (the town requested $3,612 per case) and a $250‑a‑day fine until abatement. Hoffman emphasized the sites’ proximity to the beach, public access and observed conditions, including unsecured structures and accumulation of rubbish.
A witness for the property owner, a realtor who identified himself as Goran (he spelled his last name on the record), described Hurricane Ian damage, said the out‑of‑state owner is financially strained and is trying to sell the properties, and said he had been cleaning lots and allowed the Fort Myers Beach Fire Department to use the properties for training. He asked for leniency while owners seek to sell.
Magistrate Monica Schmucker said several structures “look very dangerous” and that because they are close to the beach the town should be permitted to secure them immediately. She said she would authorize the town to proceed with securing (fencing) and to demolish if a structure is a danger to the public; related costs could be placed as a lien on the properties. The magistrate granted the town costs for the hearings and ordered the property owner to secure the properties or submit permits for securing/demolition within two weeks; she reserved a decision on the fines’ start date and said she will issue written orders.
Why it matters: The cluster involves multiple nearby beachfront parcels whose structures were found to be deteriorated and accessible from the beach; the town’s authorization to secure or demolish, if implemented, could remove public hazards but also carries consequences for the out‑of‑state owner and any potential sale of the properties.
The magistrate took the remaining rulings under advisement and said written orders would be issued on the matters.
