Special Magistrate Hearings - November 4, 2025 (2025-11-04)

Fort Myers Beach Special Magistrate Hearings

Town Hall Council Chambers 6231 Estero Boulevard Fort Myers Beach, FL 33931 Tuesday, November 4, 2025

Minutes

9:00 AM

ORDER OF BUSINESS

I. CALL TO ORDER

Present: Code Enforcement Manager Michael Hauserman, Town Clerk Administrative Coordinator Lizzette Roman, and Special Magistrate Monica Schmucker.

II. APPROVAL OF MINUTES

A. October 7,2025 Special Magistrate Schmucker approved the minutes.

III. VIOLATION CASES

Special Magistrate Schmucker swore in those providing testimony.

A. FMB Case # 20251033

Officer Hoffman noted that the documentation was attached as exhibits and he asked that they be accepted into evidence. Special Magistrate Schmucker accepted them. She verified that the respondents were not present.

* * *

Special Magistrate Schmucker found a violation existed and allowed the respondents two weeks to achieve compliance. She will order a $250.00 administrative fee and if the property does not come into compliance within two weeks, a daily fine of $100.00 will be imposed.

B. FMB Case # 20251030

Property Owner: Ekonomiuk Radoslaw & Wesolowska Iwona

Status: Property Maintenance

Property Address: 156 Hibiscus Dr

C. FMB Case # 20251032

The property was verified to be in full compliance prior to the hearing. No further action was taken.

Property Owner: Hall Peggy Craft L/E

Status: Property Maintenance

Officer Hoffman noted that the documentation was attached as exhibits and he asked that they be accepted into evidence. Special Magistrate Schmucker accepted them. She verified that the respondents were not present.

On September 29, 2025, Officer Hoffman observed overgrown weeds and the in-ground swimming pool was not properly fenced and contained stagnant water. He submitted Exhibit C as evidence.

He reinspected the property on October 29, 2025, and November 3, 2025, and the pool violation still existed. The overgrown weeds violation was abated and the orange temporary fencing has been repaired and reinstalled. The property was still in violation because the fencing was temporary and the pool still contained stagnant water.

The town requested a finding of violation and an administrative fee of $250.00. The town asked for an additional 30 days to bring the property into full compliance; otherwise, a daily fine of $250.00 will be imposed until compliance is achieved.

Special Magistrate Schmucker found a violation existed. She imposed an administrative fee of $250.00 and granted 30 days to come into compliance. A status conference will be set for the next hearing to determine whether fines will be imposed.

Officer Hoffman noted that the documentation was attached as exhibits and he asked that they be accepted into evidence. He asked that Exhibit B be accepted. Special Magistrate Schmucker accepted the exhibits. She verified that the respondents were not present.

Officer Hoffman revealed that the violation for an accumulation of rubbish or garbage had been abated.

Status: Property Maintenance

* * *

The initial notice of violation and notice of hearing were issued on September 30,2025,with a 30-day compliance period.

Manager Hauserman noted that permits for the front door and one window were issued. The other windows referenced in the case were not permitted. The town requested a finding of violation, an administrative fee of $250.00 and a 45-day extension to come into compliance. If compliance is not achieved, a $250.00 daily fine will be requested.

Special Magistrate Schmucker found a violation existed. She imposed an administrative fee of $250.00 and granted 45 days to come into compliance. A status conference will be set for the January hearing to determine whether fines will be imposed. If the respondent comes into compliance with the timeframe, the status conference will not be needed.

E. FMB Case # 20250858

Property Owner: Yzaguirre Cynthia O L/E

Property Address: 4963 Estero Blvd

Status: Property Maintenance

The property was verified to be in full compliance prior to the hearing. No further action was taken.