On Monday the Fort Myers Beach Town Council denied a request from Robert Himmelstein to reduce a code violation fine from $16,500 to $0. The fines were a result of shipping containers Himmelsten had in his parking lot to store retail furniture for his store during his build-out.
Himmelstein is refurbishing the old bank building, in front of the Sea Grape Plaza, into a furniture store. Himmelstein was not at the Town Council meeting. He was represented by an attorney and his property manager Jeff Walker. Attorney Robert Hartzell said to the Town Council, “We’re here hat in hand asking for some relief from the fine.”
Town Manager Will McKannay recommended the Town Council deny Himmelstein’s request citing the “gravity of the violations” and the length of time it took Himmelstein to come into compliance. McKannay was trying to get property owners with trailers into compliance after a FEMA visit. It was a time the town was also trying to get back in FEMA’s good graces after losing the 25% discount on FEMA’s flood insurance.
Himmelstein was first served with a violation in October of 2024. Himmelstein was given 30 days to correct the violation which the town said he failed to do. The first Special Magistrate hearing on this issue was in January of 2025. Himmelstein was then given until March 1, 2025, by the Special Magistrate, to correct the violation, which the town says he did not do. The property was brought into compliance in May of 2025. As a result, Himmelsten racked up 65 days worth of fines at $250 per day for a total of $16,250 plus a court fee of $250.
Himmelsten received a temporary permit for the containers in February of 2023. As a result of a FEMA visit that permit was revoked in December of 2024. Himmelsten eventually moved the contents of the containers into his building and sold the containers at an $11,000 loss.
He was requesting the fine be dropped stating he acted in good faith to get the containers removed once it was clear the town would not renew his permit. The Town Council did not buy that argument. They believed Himmelstein had enough time to remove the trailers off the island to get them in compliance. Walker saiid he tried as hard as he could to get a buyer for the trailers, it just wasn’t that easy.
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So now they e done this how can they ever let any of the other violations go away! Especially the nasty man who owns the car parking area and likes to hit old folks!
Does the town have any idea how difficult it is to operate a private business and show a profit? When is the town going to pay back the 11 million dollar bridge loan they received from the state?
Just another way the town is discouraging businesses! And the is the town going to go after all the damaged structures still standing from Hurricane Ian
He should now sue the Town for issuing him the permit in the first place.. mal practice.
If I owned the biz, I’d be flying the middle finger and moving my business elsewhere. What a ridiculous example to set for other prospective new business owners.
I watched this online. So glad the town did not decrease fines. Oh, and is that place ever going to open?