Town Going After Work Being Done Without Permits

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This Thursday at 11AM, Fort Myers Beach Special Magistrate Myrnabelle Roche will hear several cases of work without a permit. And, once again, she’ll see someone who’s become a regular before her, Times Square property owner Terry Persaud.

Here are the cases on the Magistrate’s agenda…

Stingrays Raw Bar, located at 250 Old San Carlos Boulevard, is being accused by the town of remodeling the interior of its location without a permit. It appears “Stingrays Raw Bar” is a business name for The Yucatan, which opened back up back in May after serving food from their parking lot almost immediately after the storm.

Michael and Rosanna Reilly are being accused by the town of working on the lower level of a property at 222 Mango Street without a permit.

The property owners at 210 Redfish Road are being accused by the town of installing HVAC equipment and remodeling without a permit.

Sunset Grill owner Terry Persaud is on the Magistrate’s agenda for two issues the town has been fighting him on for years…renting beach chairs behind his restaurant property in Times Square without a permit and operating an illegal parking lot.

Persaud occupies two slots on the Magistrate’s agenda for alleged repeated beach chair rental violations at 1028 and 1046 Estero Boulevard. Persaud has repeatedly denied renting chairs to the general public. The town doesn’t believe Persaud and neither did Roche last time this issue came before her.

In July of 2022 we reported that Roche slapped Persaud with $671,000 in fines. Those fines have not been paid but we also understand there are negotiations taking place to possibly settle the fine issue. Persaud rejected at least one settlement offer the town put on the table.

Persaud gets a third podium visit with the Magistrate for alleged violations of special exception conditions at 1046 Estero Boulevard, which is the alleged illegal parking lot. Despite announcing back in July of 2022 that he would be cutting off his lot to the general public, Persaud continues to rent spaces in the lot, which the town claims is illegal.

Persaud and the town have been battling for years over these issues. So much so that the town has put a lien on Persaud’s property and has been trying to foreclose on it. The battle adds an additional layer of uncertainty to the future of Times Square.

We will carry the Magistrate meeting live on Thursday at 11AM.

13 COMMENTS

  1. Time to END the NANNY State that is FMB-
    Time to deregulate , homeowners should be allowed to take care of and improve their HOME without paying, seeking permission and jumping thru stupid non essential hoops –
    We don’t need to expedite permits so much as cut back on ALL the stupid permit demands – Town is out of control –
    HELP
    Where is new town manager ? Let’s go cut the red tape , roll back regulations for homeowners

    • You think other towns and cities don’t have to pay for permits? Or comply with state building code, floodplain regs, etc.? 🤦‍♀️

  2. Following up on homeowners repairing their property without permits is questionable in the later months of 2022, when the inspectors were roaming neighborhoods allowing work to proceed without permits, suggesting “photos” sufficient to record the work for later inspections. The Town didn’t appear to have their act together with permits taking 2-3 months, with fines tacked on for delay in applying.

  3. It’s all BS. If you don’t want to issue the permits people are requesting then who is keeping you from it? Can’t get revenue back into your town by setting on these matters! This is people’s livelihood.

    • Amen. Bottom line is all of this must pass final inspections. So if you need to charge me then for the permit do so. But don’t hinder Simone because the lack luster permitting department is over their heads. Shame on the new town manager for not trying to fix this issue that this town has had since it’s incorporated nonsense

  4. Any chance that there could be some transparency on reasons people are being given citations? I am thinking of some metrics that simply state the number of citations per month and the reason. No need for owner information and address. This information will help property owners in determining how the building inspectors are “interpreting” local and state building codes (cannot find placement of gravel in either city or Florida building codes). Also, is there any requirement for inspectors to request access to a property that is occupied? Or are the inspectors simply relying on their interpretation of detriment to health, safety and welfare and subsequently do not require an administrative warrant? I recently encountered an official with a clipboard asking about a neighbor’s property (cringe factor, are they relying on “informants”? Also, can we get some visibility on building permits submitted, permits in progress and permits issued per month? Without metrics, no accountability !

    • “Transparency on the reasons” for citations?? There IS.

      You can see the violation, letter, supporting photos/documents, etc. in the code enforcement database.

  5. Good morning Ed , just to clarify, Sunset grill is on the Agenga because we requested a Re hearing of the cases that was held in July 2022 and after 1 year it’s now on the Calendar! We have been working with the town to resolve the dispute and has never rejected the town offer! But sent in a counter offer which is typical. However it was never presented by the former attorney to the town to resolve all matters ! So we are working with the new town attorney to resolve these matters ! Council has been very supportive of attempting to resolve all legal matters that the Town is involved in ! And we hope to resolved this with the new attorney Soon !
    Terry P

    • We reached out to the town yesterday before we wrote this story. They said they made you a settlement offer and you rejected it.
      Ed

      • When the town makes you an offer it’s an admission of guilt. If anyone believes they haven’t been in violation of any code infraction then why pay? Just because the town says to? Just because their interpretation of the code is different? Seems an olive branch from both should be extended in the wake of everything to say “ let’s start anew”. Let’s move forward from this, and see just how petty in the big scheme of things this is.

    • I personally resent you trashing the west side of San Carlos Blvd with your properties….. Burn’t out house that sat wide open for over a year. The junkyards you created, Joe’s construction trash….. I could go on and on. The public doesn’t begin to know the half of what you pull but the county and FMB Town Council do. I have photos I sent to Lee Co. when I was added to those complaining about your properties, and it was sickening.

    • Just pay up Terry. I haven’t heard of the Special Magistrate or any judges going after the town for any of this. You violated long standing regs and ignored the penalties. You’re accountable not the town.

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