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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