Town seeks fines for Pink Flamingo property at 5266 Estero Boulevard over code violations

Marshall Chavez, a sworn enforcement officer for the Town of Fort Myers Beach, told Special Magistrate Monica Schmucker that the property owned by Pink Flamingo at 5266 Estero Boulevard remains in violation of the town code.

Chavez said he submitted exhibits including the notice of violation and hearing (posted Jan. 30, 2026), affidavit(s) of noncompliance, certified‑mail receipts and photographs from reinspection, and asked the magistrate to find a final violation, assess administrative hearing costs of $392.24 and impose fines of $250 per day until the violations are abated. He said the property lacks fencing and, because of its proximity to the beach and public access, represents a health and safety concern.

The request was supported by a reinspection affidavit and photographs dated May 19 and May 20, 2026, which Chavez entered as evidence and the magistrate admitted. When asked, Chavez said the only response from the property owner was an earlier statement that they would address the issues; no further compliance documentation has been submitted to the town.

Magistrate Monica Schmucker said she will review the evidence and issue a written order with findings of fact, conclusions of law, costs and any fine. "I will review the evidence, and issue an order with costs and a fine," she said, and indicated she would give the owner time to come into compliance before finalizing the amount of any fine. The magistrate noted that orders are issued at the conclusion of each case or within 15 days.

The case remains pending the magistrate's written order.