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Fort Myers magistrate orders abatements, fines and liens across April 28 docket
Summary
At an April 28 Special Magistrate hearing, Presiding Attorney Richard B. Akin II found multiple property owners in violation, set abatement deadlines with daily fines (ranging from $200 to $500 per day), mitigated several liens and began liens for noncompliance; noncompliance and mitigation hearings were scheduled as noted.
The Code Enforcement Special Magistrate of the City of Fort Myers met April 28, 2026, and Presiding Attorney Richard B. Akin II issued rulings across a broad docket of code cases, ordering abatements, daily fines and, in several instances, the initiation of liens or future noncompliance hearings.
Most immediately consequential was a repeat-offender finding in case COD-047231-2025 (Gail L. Annett). The magistrate found the respondent in violation and, as a repeat offender, ordered abatement by May 20, 2026, or a $500 per day fine beginning May 21, 2026, with no statutory cap; a noncompliance hearing was set for May 29, 2026. Several other property owners or entities were found in violation and were given abatement deadlines with daily fines and caps: fines commonly were set at $200 or $250 per day, with caps ranging from $10,000 to $50,000 depending on the case and property.
The hearing also granted mitigation requests for multiple liens. For property at 3036 Palm Beach Blvd (cases COD-041016-2025 and COD-041021-2025), the magistrate reduced a $5,400 lien to $814.42, payable by June 23, 2026, and reduced a separate $3,500 lien to $0. In a separate mitigation, the magistrate reduced a $25,000 lien against 1512 Veronica S Shoemaker Blvd (COD-034146-2024) to $0.
‘The Special Magistrate finds the defendants in violation’ was the dispositive finding repeated across the hearing record; where defendants or representatives appeared, they were given the opportunity to respond before the magistrate issued orders. Several commercial properties (including JBCC Cleveland Ave LLC and Sunshine Gasoline Distributors) were found in violation and ordered to abate by mid-June or mid-May deadlines, or face daily fines and caps as specified by the magistrate.
The magistrate also confirmed prior rulings to begin liens for properties found previously noncompliant, including 4101 Colonial Blvd and 4444 Cleveland Ave, and set subsequent noncompliance hearings where required. Where property owners or representatives appeared (for example, Alex Riley, Fritz Gaspard, Ron Soriano, Colton Brausen and Juan Miranda), the transcript records their presentations; in many cases no representative appeared and the magistrate found the defendant in violation in their absence.
The meeting recessed at 10:45 a.m. and reconvened at 10:50 a.m. It adjourned at 11:16 a.m. A list of removed agenda items was read into the record at the start of the hearing.
Votes at a glance (selected docket entries): • COD-047231-2025 (Annett, Gail L.): found in violation; abate by May 20, 2026; $500/day starting May 21, 2026; no cap; noncompliance hearing May 29, 2026. • COD-041016-2025 / COD-041021-2025 (Fisher, Charles — 3036 Palm Beach Blvd): mitigation granted; $5,400 reduced to $814.42 payable by June 23, 2026; $3,500 reduced to $0. • COD-047335-2025 (JBCC Cleveland Ave LLC — 3038 Cleveland Ave): found in violation; abate by June 17, 2026; $250/day from June 18, 2026; cap $50,000; noncompliance hearing June 23, 2026. • COD-053760-2025 (Sunshine Gasoline Distributors — 2265 Colonial Blvd): found in violation; abate by May 20, 2026; $200/day from May 21, 2026; cap $50,000; noncompliance hearing May 29, 2026. • COD-045130-2025 (Riley, Flossie M. + Riley, Eric A. — 872 Nuna Ave): found in violation; abate by May 20, 2026; $200/day from May 21, 2026; cap $20,000; noncompliance hearing May 29, 2026.
(For a complete list of docket outcomes and dates, see the meeting timeline and the actions array in this record.)
The magistrate scheduled subsequent noncompliance hearings where required by each order and recorded that a number of items had been removed from the posted agenda. No statutory authorities beyond the City's code enforcement process were invoked by name in the transcript record provided. The hearing adjourned at 11:16 a.m.
