Himmelstein Pays Hefty Code Fine

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The Fort Myers Beach Town Council was about to start the process of foreclosing on the former bank building at 2815 Estero Boulevard in front of the Sea Grape Plaza owned by Robert Himmelstein. On Wednesday, Himmelsten went to Town Hall and paid the $16,500 code fine to resolve the issue.

The issue that led to the foreclosure process is related to a violation of the town’s flood regulations for the “storing of non-compliant structures/shipping containers on the property.” 

Himmelstein was first given a Notice of Violation in October of 2024. He had 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. Himmelstein appealed the fine, it was denied, and the lien remains unpaid.

Here’s a statement Himmelstein posted to our website Wednesday:

“After my father notified me of this situation, I immediately contacted the Town. Although we believe the fine was excessive and unfair, we paid the full settlement amount of $16,750 today so we could move forward in good faith.

Unfortunately, we still have no idea when our store will be permitted to open, as the Town is now requiring us to obtain a Limited Development Order before we can begin operations.
My parents first brought me to Fort Myers Beach in 1974, and I met my wife there in 1996. Our family’s connection to this island spans decades, and we care deeply about its future.
We love Fort Myers Beach and remain committed to investing in the community by opening a store that serves residents and visitors alike. We hope to work cooperatively with the Town so we can finally welcome customers and contribute positively to the island we have cherished for so many years.”
Robert Himmelstein
roberthim@icloud.com

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