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Council declines to impose penalties at appeal; city attorney says fines require separate hearing

City of Fort Myers City Council · October 30, 2024
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Summary

Council deliberations noted a stop‑work order was issued and violated; City Attorney Alley advised any fines or enforcement proceedings would require a separate, due‑process hearing rather than being decided as part of the appeal.

Several council members and members of the public pressed for enforcement after witnesses said workers continued facade alterations despite a city stop‑work order. Council members described the alleged violation as "troubling" and asked what remedies were available beyond the appeal decision.

City Attorney Alley cautioned that the matter before the council was the appeal of the Historic Preservation Commission's denial and not an enforcement proceeding. He advised that any civil fines or penalties relating to the stop‑work order would require notice and a separate hearing so the property owner could present a defense. Council did not impose sanctions during the appeal; Councilmembers suggested staff return with options for enforcement and possible ordinance clarifications to reduce reliance on dictionary definitions in future disputes.