Due to the uncertainty of what FEMA will do regarding the National Flood Insurance Program if the town does not take action, everyone that owns a trailer that cannot be easily hooked up to a pickup truck and moved is getting a code violation today.
FEMA has given the town until November 18th to take action toward removing all temporary structures off the island. This includes shipping containers, trailers, and other temporary structures like pods. Mayor Dan Allers says one thing is for sure, if the town does nothing, they will be put on probation, meaning residents will lose their 25% insurance discount and every resident will have to pay a $50 fine. He’s also been told once a municipality is put on probation it’s near impossible to get off.
There will be no exceptions, no playing favorites. La Ola is getting a notice of violation, The Goodz is getting a notice of violation. Beach Baptist, Margaritaville for the Lee County Sheriff’s trailer, Sun & Fun Rentals, Seagate, plus any condo on the island that uses a trailer for storage. And, yes, even the town of Fort Myers Beach will be receiving a notice of violation from the Town of Fort Myers Beach for its trailers on the Bay Oaks property.
In all, between 40 and 50 notices of violations are being sent out today.
Some business owners were given the impression by the town that as long as they were in the process of rebuilding (with plans on the books) they could keep operating out of trailers until their brick-and-mortar structure was up. However, that is not an agreement FEMA signed onto apparently and without a rock solid understanding from FEMA that trailers can stay past November 18th, they must go.
This is going to be a huge body blow to businesses especially who must now close up shop just when season is about to begin. FEMA’s rationale is that these structures never should have been allowed in the first place, 2 years is long enough, and they will not pay out for the same thing twice. In other words, temporary structures become projectiles that damage other structures in a storm.
If you receive a notice of violation you can take it through the normal town appeal process. That would eventually put you in front of the Special Magistrate. She may rule in your favor and say you are following everything the town asked you to do. You may even have documents to prove your case. The problem with all of that is that FEMA does not care.
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