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Magistrate finds Fairview Boulevard owner in violation over unpermitted dock
Summary
At a June 2 Fort Myers Beach hearing, a magistrate found the owner of 13 Fairview Boulevard in violation for rebuilding a dock without a permit and set a 60-day compliance deadline or a $150-per-day fine; the town cited a pending permit application that remains in resubmittal status.
Special Magistrate John Van Lingham found the owner of 13 Fairview Boulevard in Fort Myers Beach in violation after town staff reported an April 17, 2026 inspection that identified construction and rebuilding of a dock without a building permit.
A town presenter said no permits were on record at the time of the initial inspection and that the owner later applied for a dock permit (permit 260833), which remained in “resubmittal” status because of zoning, site-plan and property-encroachment issues. The presenter asked the magistrate to impose a 60-day compliance period, after which a daily fine of $150 would begin and administrative costs from the town’s cost sheet would be assessed.
Van Lingham accepted the town’s evidence and recommendations and set a compliance deadline 60 days from the hearing; if the owner did not obtain required permits and resolve the listed issues by that date, fines of $150 per day would begin and administrative costs would be assessed. The magistrate said the town’s record materials — including inspection photographs, service records and permit documents — supported the finding of violation.
The order will be formalized in written findings the magistrate said he would issue soon. The owner, Katherine F. Brewster, did not appear at the hearing.
What happens next: the town will continue plan review of permit 260833 for zoning, site plan and encroachment issues; if the paperwork is brought into compliance within the 60-day window, fines will not be assessed.
