The primary focus of the meeting was case number 20251060, concerning the property on Myar Street. The town’s code enforcement manager, Michael Hman, presented the case, citing non-compliant plumbing on the lower level of the residence as a violation of town code and FEMA regulations. The notice of violation was originally issued on October 20, 2025, with a compliance deadline of November 17, 2025. The town recommended a fine of $250 per day plus administrative costs if the property owners failed to comply within 30 days.

In response, property owner Carol Thomas argued against the town’s enforcement action, emphasizing the historical context of the property’s plumbing. She provided extensive documentation, including affidavits from neighbors and former residents, asserting that the plumbing had been in place since the house was built in 1971. Thomas highlighted that it was a “pre-firm house,” constructed before current flood regulations, and argued that the plumbing should not require demolition.

Thomas introduced multiple exhibits to support her case, including affidavits from Constance O. Harvey and Patty Smith, both attesting to the existence of the finished lower level since before the 1980s.

The magistrate acknowledged the hearsay nature of these affidavits but accepted them for limited corroborative purposes. As the discussion continued, Thomas presented further evidence, including a completion certificate for a permit and a Lee County property card, both supporting the long-standing existence and configuration of the lower level.

The town clarified that their investigation focused on the post-Hurricane Ian repairs, which they confirmed involved “like for like” replacements and had been properly permitted and inspected. However, the conversation turned towards the implications of these repairs on the property’s compliance with current flood regulations. The court recognized the substantial documentation submitted but noted the need for deeper examination to determine if the property could be recognized as a lawful non-conforming use.

The possibility of deferring the hearing for further review by the floodplain manager was introduced, with the town expressing willingness to consider additional documentation to clarify the property’s compliance status. Thomas expressed confusion over what further evidence was needed, given the extensive records already provided.

In a related development, the meeting also addressed case number 2025828, involving a property on Seminal Way. Code Compliance Manager Michael Herman reported on a violation related to missing documentation for a required permit for an exterior remodel. Property owner Kent Luper acknowledged his efforts to comply and expressed his intention to meet the requirements. The magistrate set a new compliance date of January 6, 2026, with a warning of fines for non-compliance.