Magistrate to impose fines after unpermitted sunroom work at 130 Flamingo St. remains incomplete

Terry Wyke, a code enforcement officer for the Town of Fort Myers Beach, told Special Magistrate Monica Schmucker that a May 20, 2026 reinspection of 130 Flamingo Street found the property remained in violation for work done without required permits for a rebuilt sunroom.

Wyke told the magistrate the respondent, Michael Schumacher, had been ordered to obtain permits by April 18, 2026 but the permit application (permit number 260255) is listed as "waiting on resubmittal" and town plan reviewers issued rejection letters on Feb. 25 and March 9, 2026. Wyke submitted exhibits including the magistrate's prior order, affidavits of noncompliance and photographs dated May 20, 2026; the magistrate admitted the materials into the record.

Wyke said Schumacher paid the previously ordered administrative fee and costs ($352.38) in the required time frame but has not provided the additional paperwork the town needs to issue the permit. The town requested daily fines of $250 beginning April 18, 2026, and asked for associated costs to bring the matter before the magistrate. Wyke said he had emailed a draft order to the magistrate.

Wyke also said Schumacher called the town and reported medical issues and that he believed he had submitted required paperwork; Wyke said the town had not received the documentation. Magistrate Schmucker said she will impose fines effective as of the date of her prior order (April 18, 2026) if Schumacher did not come into compliance and that the parties may request another status hearing if circumstances change. She said she will issue a written order to finalize fines and costs.

The magistrate's written order will set the official finding and any monetary penalties.