Fort Myers Beach Property Owner Challenges Code Violation at Special Magistrate Hearing
- Meeting Overview:
The Fort Myers Beach Special Magistrate convened to address code enforcement issues, highlighting a significant case involving a property on Bayew Avenue. The case centered on a wooden deck and structure that exceeded the scope of its permitted work, leading to a complex discussion about permitting requirements and potential penalties for non-compliance.
One notable matter discussed at the hearing was the case concerning the property owned by Sullivan Scott B, who faced allegations of violating town code due to the construction of a deck and tiki hut. The issue arose from the construction exceeding what was allowed under the existing permit, prompting Officer Bam M to present evidence of the violation. Officer M, with ten months in his current role and five years of prior experience, provided testimony supported by photographs and documents detailing the non-compliance observed during inspections.
The violation notice was issued on August 15, 2024, with a compliance deadline of September 28, 2024. However, a follow-up inspection in January 2025 revealed ongoing violations, leading to the formal proceedings before the Special Magistrate. Officer M requested an official order confirming the violations and suggested possible administrative fees and daily fines for continued non-compliance.
Sullivan Scott B, the property owner, expressed confusion regarding the permitting requirements, asserting that his contractor assured him of compliance. He argued that the deck and tiki hut were a single structure and questioned the need for separate permits. His contractor, Craig Knight, corroborated this by explaining that the deck was integrated with the tiki hut. Despite their efforts to clarify the situation with town officials, ambiguity persisted regarding the permit requirements.
Kendra Rose, the zoning coordinator, clarified that the tiki hut did not require a building permit under the Florida building code, while the deck did. She noted that the submitted permits focused on unrelated structures, such as the pool and tiki hut, without addressing the deck. This misalignment in permits was a focal point of the discussion, highlighting the communication gap between the property owner, contractor, and town officials.
The magistrate facilitated a discussion to address the compliance issues, emphasizing the need for clear communication and documentation in the permitting process. The hearings revealed a broader issue of unclear site plans and the tendency to apply for permits after construction commenced, which contributed to the complications surrounding the case.
As the discussion unfolded, it became evident that obtaining the necessary permits could be a lengthy process due to the review and approval procedures required by the town. The magistrate showed understanding of the situation and expressed a willingness to allow time for compliance before imposing penalties.
In addition to the primary case, the meeting also addressed a second case involving a property on Buccaneer Drive. The code compliance officer, Officer Bat, reported communication with the property owner, Henry Lions, who was out of state. Given this, a continuance was granted to March 5, 2025, to provide the owner additional time to comply with the code requirements without being present at the hearing.
The discussions aimed to resolve the current violations while also establishing clear guidelines for future compliance to avoid similar situations.
Dan Allers
Special Magistrate Officials:
-
Meeting Type:
Special Magistrate
-
Committee:
-
Meeting Date:
02/05/2025
-
Recording Published:
02/05/2025
-
Duration:
35 Minutes
-
Notability Score:
Routine
Receive debriefs about local meetings in your inbox weekly:
-
State:
Florida
-
County:
Lee County
-
Towns:
Fort Myers Beach
Recent Meetings Nearby:
- 03/20/2025
- 03/20/2025
- 219 Minutes
- 03/20/2025
- 03/20/2025
- 138 Minutes
- 03/20/2025
- 03/20/2025
- 61 Minutes