Town Takes Next Step To Foreclose on Illegal Parking Lot

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For years the town has accused Key Estero Shops owner Carmine Naccarato of operating an illegal parking lot on his property on Estero Boulevard. On Monday the town was one step closer to foreclosing on Naccarato’s property.

On Monday new Fort Myers Beach Town Magistrate Monica Schmucker ruled that the liens on the property were in good order and the town could proceed with foreclosure proceedings.

Naccarato came to the magistrate hearing unprepared and without legal representation. It was if he wasn’t taking the proceeding seriously. He called the town government corrupt and said they were “evil people” trying to destroy “this old man.” He tried to go into the history of how long he’s been on Fort Myers Beach but Schmucker cut him off and let him know the hearing was not place to relitigate what had already been decided.

The town alleges Naccarato has been operating an illegal parking lot at 1661 Estero Boulevard for years, charging anywhere from $10.00 per day during the off season to $30 per day for special events.

Under the old Lee County code, spaces were allowed to be rented out by the property owner. And, during the early years of incorporation, property owners were charging for parking in that lot and no violations were issued.

Spaces in the Key Estero parking lot are supposed to be for shoppers who come to the businesses in that plaza. The town has specific rules that need to be followed to operate a revenue-generating parking lot. A previous Fort Myers Beach Town Attorney said Naccarato was unwilling to agree to a specific number of spaces to sell, that he wanted to use the entire parking lot.

There are about 130 spaces in the lot. Other parking lot businesses on Fort Myers Beach, who follow the permitting rules, have had to compete with the alleged illegal parking lot losing tens of thousands of dollars to Naccarato if the town’s allegations are true.

In 2020 the town issued Naccarato a notice of violation and ordered he correct the violation by getting a special use permit. If Naccarato would have corrected the violation back then he would have paid a $75.00 administrative fee.

Key Estero Shop owner Carmine Naccarato

Naccarato did not correct the violation, fines began to accumulate and the town put a lien on his property. By the time the violation went before the town’s Special Magistrate in September 2020, Naccarato was facing $34,000 in fines. Naccarato continues to rent parking spaces, so to date, if we’ve done the math correctly, he’s racked up nearly $220,000 in fines that will keep accumulating at $200 per day.

Naccarato has also being accused by the town of selling parking spaces in the United States Post Office parking lot, which is behind his property.

If some sort of deal cannot be worked out between the town and Naccarato it looks as if the case will move onto a foreclosure court proceeding.

11 COMMENTS

  1. How can he have a parking lot for the tennis when her hurricane ian wash them all out to sea?
    He’s not making near on that parking lot as when key estero shops were tenant occupied before ian

  2. Everyone complains about not enough Parking!!
    This man was a victim of the old town
    Manger !
    After such a horrific disaster you would think this town would be working to not only correct the mess by the previous administration but resolve them ! There where 4 properties brought up for Foreclosure ! Why ? the old attorney has already filed illegal foreclosures on these properties! Now the town is trying to follow the right procedures
    To correct the mistakes,why not spend the time and effort to resolve them !

  3. The only difference between this man and Terry Persaud is a good lawyer. The town compromised with Mr Persaud and came to an agreement. This man needs a great lawyer ASAP.

  4. All you long time residence better get your seat belt on. This town is going to try to remove you or tax us right off the island. It’s really no one’s business how much money someone makes.

    • He is not in a zone that would allow him to operate a parking lot. I have a single family house I would rather like to rent out to multiple families, but I can’t because of zoning. Zoning and code keep the island from becoming a chaotic zoo.

  5. Living close to a residential property Carmine owns that was destroyed in Ian. I wouldn’t be surprised by anything he does. This house has not been torn down. It should be. There is a refrigerator with food in it. One side has a car stuck in it. It’s disgusting.

  6. Thats why fmb residents since i moved
    There in 1968 were against incorporating
    The beach! Just like cape coral! Another
    Shit show of greed!!!!

  7. The Law isn’t the Law anyplace in America- FMB is notorious for selective prosecution and ridiculous fines – they just dismissed Huge parking fines for one guy but they want this guys property – what a clown show –
    If these crazy local mandates aren’t applied across the board – they need to be repealed .
    FMB is over regulated and anti resident , visitor and Business –
    It’s ALL about the Benjamin’s

  8. The law is the law. (Except in DC) .. If nothing else set an example and move forward. Also, if I were on the council, I’d check to see what he’s been reporting as income (lotta cash in that business) since income equals tax revenue for the city .. I get the feeling that he doesn’t want them to know those numbers 🤑

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