Attorney Any Thibaut, on behalf of La Ola restaurant, has filed paperwork with the Florida State Administrative Judge overseeing the restaurant’s code violation case in Times Square. The town has until the end of the day today to respond.
La Ola is on the first list of Fort Myers Beach property owners the town has cited for illegal trailers and conex boxes in a flood zone. The town is going after these property owners after getting pressure from FEMA to have them removed or face being kicked out of the National Flood Insurance Program. The town has already lost its 25% NFIP discount for residents for this and other reasons.
The town has hired a state administrative judge to hear the cases and the first batch was heard on January 7th. La Ola was first in line. After the judge heard the La Ola team argue why they should be allowed to stay and the town argue why they needed to go (Story HERE), the judge offered both sides an opportunity to submit additional arguments. La Ola submitted January 17th. The town has until the end of today to respond. The judge is expected to rule before the next round of hearings which is on February 4th.
One of the arguments the town made to have La Ola removed is that they violate FEMA’s Flood Plain regulations. Thibaut argues that La Ola is unique. It’s neither a “structure,” nor is it a “recreational vehicle.” La Ola is a container on wheels, she says. “FEMA’s regulations simply do not contemplate this type of innovative development and therefore do not regulate it – at least not currently.”
The town also argued that La Ola was in violation of its land Development Code because the containers were not elevated “to establish minimum requirements to safeguard the public health, safety and general welfare and to minimize public and private losses due to flooding.” Thibaut’s argument to that: “The Containers adhere to this intent, as they provide an innovative solution to minimize risk of damage to the Property in the event of a storm. The Containers are installed on trailers that are easily removed.” Owner Thomas Houghton proved, by video, he could remove his structures in a few hours.
Thibaut argues that the town cannot penalize something that is not prohibited. “The Containers are not prohibited by FEMA regulations and comply with the Town’s floodplain management regulations. Therefore, there is no violation of the LDC, and the undersigned respectfully submits that no penalties -either fines or Town removal of the Containers – should be imposed.”
La Ola owner Thomas Houghton has said he’d like to be allowed to operate permanently in Times Square until something substantial is built in the area. Property owner Chris Primeau and his family, who own the property, as of today, have no plans to build on the property.
The La Ola team has asked the judge for a finding of no violation and added that if he did rule in favor of the town that they be allowed to operate through at least June 2, 2025.
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My wife and I have waited several years to return to Fort Myers Beach we stay at Islands end for the month of April each year we are so pleased with the recovery efforts being made please continue to debate with FEMA we look forward to enjoying the entire Island this April those in charge keep up the good work
FEMA says you are and it supplies the money, flood insurance and health, safety and building requirements in flood zones.
The town long ago accepted the money and the rules.
You take the money you obey the rules.
Really? La Olas is and has been a beacon of loyalty and ingenuity to FMB. Whats most important is having a thriving business or any business in any form in the desolate wasteland that is now TS.Get over yourself.
Agreed
Imagine what Times Square would look like without La Ola there…
What happened to South Beach returning to Santini?
I find it interesting that the town council is concerned about the land development code and La Ola being in violation, where was the concern when three members of the town council voted for the Seagate project, which is also against the land development code.
Spot on – Only thing more dysfunctional than our Town Council is FEMA- thankfully FEMA will not be the same in 48 hrs as they are about to be neutered – Thank God .
Last night I watched the meeting that President Trump had in California and watched President shut down their useless mayor when she started with her lies and excuses. He shut her right down when she started with the excuses to delay permits and he told her a week was too long. I can’t wait until he shuts down FEMA and that will remove a lot of excuses from incompetent people. If anyone did not see President Trumps’ and meeting with mayor Karen Bass and the others, I suggest you watch it. You will see how a competent leader handles things vs incompetent, unqualified fools.
So where do I start!
I have been traveling to Fort Myers since the age of 13, and am now 58 and own in Fort Myers.
Time square is a gem on the beach but now looks like a disaster.
La Ola is a great start to rebuild but it isn’t enough insensitive to rebuild properly, the gem that Time Square needs to be again.
Dear Ola, rebuild properly and start the weel spinning. Get the land owner to work with you and sign a lease or partner with some arrangement for legal rebuild.
You have proven that Ola works and are now a keystone to the square. Take advantage of your success and be the goat on the block.
Ps. Love your place! But build it permanently.
We didn’t loose the discount because of La Ola. We should be looking at FEMA and their impossible rules/requirements for rebuilding. These containers are not permanent and can be removed quickly. The island needed and still needs businesses to bring in tourists to support our regrowth. La Ola was one of the first to bring back a little normalcy. How many of us had to deal with the FEMA b***s? Personally, after Ian we had someone from FEMA come out and approve us for a trailer. They measured and marked the location for a trailer. Three months later we were informed that trailers aren’t allowed in flood zones… Really? Then when we tried to get a room at Diamond Head or Pink Shell, both of whom had subsidized availability for flood victims and were holding reservations for us; we were told (by FEMA) that we had already been approved for a trailer and couldn’t be moved to a different housing option. Meanwhile, our neighbor was able to rent his upstairs unit to FEMA workers for $8,000/mos. No plans to rebuild isn’t the fault of the restaurant owner, that’s on the owner of the building. I say ‘Good Luck’ La Ola!
So nice of you Houghton to experiment with FEMA at the expense of the whole islands standing with FEMA. You created something new and innovative. Congratulations! You have gotten to run your business for long enough out of the make shift containers.
What’s most important here isn’t you getting approved it’s the island getting the discount and having future help from FEMA and if you truly cared about the majority and their well being you’d get your two feet and a heartbeat hooking those inventions up and pull them off FMB! Our future depends on it! It’s time for things to move toward rebuilding and the longer these types of things are allowed the slower that goes as well.
I kind of agree with you. Rehab a building on Old San Carlos like SOB did. Move into Santini (they need another restaurant). No plans to rebuild is a red flag.
Well said, Susan!