The most notable issue involved a property on Estero Boulevard, where shipping containers used by a local business were flagged for non-compliance with floodplain regulations. Town representatives argued that these containers, situated in a high-risk flood zone, did not meet the required base flood elevation of 13 feet above sea level. Compliance Officer Thomas Yazo documented the presence of a non-elevated shipping container on the property during inspections and issued a notice of violation. Despite receiving notice, the containers remained on site, prompting further legal action.

Floodplain Manager Carl Thomas testified about the potential hazards posed by these non-compliant structures, emphasizing that failure to adhere to the American Society of Civil Engineers (ASCE) standards could jeopardize the community’s participation in the National Flood Insurance Program. The town proposed a $250 daily fine for continued violations, alongside an administrative fee, should compliance not be achieved by the set deadline.

In defense, Amy Toau Retzel, representing the respondents, contended that the shipping containers were not permanently affixed structures and thus did not violate FEMA or town regulations. She highlighted that the containers were on trailers and could be moved in the event of a storm, a point demonstrated when they were removed ahead of Hurricane Milton. Retzel argued that the town had previously approved the configuration and that the containers had been recognized as compliant by various regulatory bodies. She stressed the economic significance of the Lola Surf Side Restaurant, which employs numerous locals, cautioning against the adverse effects of enforcing these alleged violations.

The meeting also addressed a similar case on Estero Boulevard, where shipping containers were found to be non-compliant with floodplain regulations. Yazo provided testimony that the containers lacked elevation and engineered plans, leading to the revocation of their temporary use permit. The property owner, represented by Mr. Walker, explained that the containers were intended as temporary during the rebuilding of a business affected by Hurricane Ian. Walker requested additional time to bring the structures into compliance, citing plans to meet the regulatory standards.

Throughout the proceedings, the town’s representatives sought a balance between enforcing regulations and accommodating the recovery efforts of local businesses still reeling from the impact of Hurricane Ian. The town expressed a willingness to collaborate with property owners to achieve compliance and proposed a status review after the compliance deadline to avoid imposing fines if sufficient progress was being made.

Another case involved a property on Estero Boulevard, where non-compliant structures, including shipping containers and trailers, were highlighted as posing risks in coastal high hazard areas. The town had stopped issuing permits for such structures and requested an extension from FEMA to address the violations, which was denied. Officer Yazo testified about the containers’ lack of compliance, and subsequent inspections confirmed their continued presence. The property owner, Goran Stokowski, represented the corporation at the hearing, engaging in a discussion on the town’s floodplain codes and the requirements for compliance.

The magistrate noted the complexities of these cases and the need for written arguments from both parties to ensure a review. The town set deadlines for submitting these arguments.

In a separate case concerning a property owned by Patricia O. Smith, located on Riverside Boulevard, the town issued a notice of violation for non-compliant structures. Despite the temporary permit, the shipping containers on the property were not elevated as required, leading to the revocation of the permit. The town sought compliance or removal by a specific date, proposing fines for continued violations. The property owner’s representative contested the characterization of the structures as non-compliant, arguing that compliance issues only arose following FEMA’s intervention.