Fort Myers Beach magistrate continues 151 Miramar Street case; $250‑per‑day fines continue to accrue

A Town of Fort Myers Beach special magistrate on May 7 granted a 60‑day continuance in the code‑compliance matter over 151 Miramar Street but left in place the town's fines, which continue to accrue at $250 per day until the property is brought into compliance. The magistrate said he will reassess fines and compliance at a status review in 60 days.

Michael Hauserman, the town's code compliance manager, told the magistrate that the violation case for 151 Miramar Street (case no. 20251060) is a continued status hearing to determine compliance, fines and the potential certification of a lien. "The town is seeking the imposition of fines in the amount of $250 a day from 03/28/2026 until compliance is obtained," Hauserman said, and reported that, as of May 7, administrative costs plus accrued fines totaled $9,750 for roughly 39 days of noncompliance.

The respondents, Danny Lewis Thomas and Carol Jean Thomas, are represented by attorney Zachary Liebetrue of Retzel and Andres, who said the parties met with town staff on April 17 and prepared after‑the‑fact permit plans. "The permit should be filed by end of this week or early next week," Liebetrue said, asking the magistrate for a 60‑day continuance to allow the town time to review the planned submissions and for the applicants to work toward compliance.

The magistrate indicated there was no dispute the property remained out of compliance at the hearing and said the town had not received any permit applications as of the morning of May 7. He said he would accept the town's exhibits into the record and that, based on the attorney's representations about imminent filings, he would continue the status review for 60 days "without prejudice" to the town's ability to seek fines retroactive to March 28. "I'll take that issue up again in 60 days and reassess based on where we are," the magistrate said.

Kelly Defericis, the town's floodplain manager, told the hearing she had not attended the April meeting and would be responsible for floodplain review and approval or rejection of any ground‑floor proposals once the town received an application.

The magistrate said he would issue an order reflecting the continuance, urged the respondents to proceed diligently with permit filings, and scheduled a return status review in 60 days. He did not enter a final ruling on mitigation or adjustment of fines at the hearing; the town's position and any potential reduction or certification of a lien will be revisited at the next status date.

The magistrate adjourned the proceeding. If the permit applications are filed and the town finds substantial compliance before the next review, the magistrate indicated the outcome could change at that time.