With a visit from FEMA only days away the Town of Fort Myers Beach has asked Circuit Court Judge Keith Kyle to expedite the case, dispense with oral arguments, and rule on the eviction of La Ola from Times Square immediately.
The reason the town wants Judge Kyle to rule on the case quickly is because FEMA representatives will be rolling over the Matanzas Pass Bridge on July 15th to inspect the town’s progress. They will be looking to see if the town has come into compliance with a list of FEMA requirements that will get the town off probation and reinstate the 25% discount in the National Flood Insurance Program. The Mayor has said the town has done everything FEMA has asked and he hopes the town gets off probation later this year.
In an 8-page filing with the court this week, the town states to the judge that “One of the reasons the town was placed on NFIP probation was that the town “did not remove non-compliant structures that were incorrectly permitted and should not have been placed in the Special Flood Hazard Area.” The Town must demonstrate that all noncompliant structures are brought into compliance to avoid additional NFIP sanctions.
A magistrate judge previously ruled in the town’s favor and gave La Ola owner Thomas Houghton until March 1st to leave Times Square or come into compliance (use a structure that could be removed using a light duty truck). Houghton and property owner Chris Primeau appealed that ruling to the Circuit Court, hired local attorney Amy Thibaut to help fight it, and a back-and-forth of filings has gotten us to this point in time. Despite Hougton being able to dismantle his operation and truck it off the island on a few hours notice, FEMA says that’s still not good enough.
The town document filed this week goes on to say that La Ola “continues to maintain the shipping containers in the Special Flood Hazard Area, causing the town to remain out of compliance with FEMA requirements. And, La Ola’s ongoing noncompliance with the order on appeal, FEMA directives and regulations, and the town’s floodplain regulations, is causing continuing harm to the town, which is obligated to enforce its floodplain regulations and cause the removal of appellants’ shipping containers before the town can be removed from probation under the National Flood Insurance Program, as well as the town’s property owners, who are required to pay more in flood insurance premiums while the Town is on NFIP probation.”
The next step in the process was expected to be oral arguments in front of Judge Kyle. However the town wants Kyle to take what’s already in the record and make a quick ruling. “It would be in the best interests of the town’s residents and property owners for this matter to be considered on an expedited basis without the necessity of oral argument.”
Finally, the town requests that if Judge Kyle intends to grant La Ola’s request for oral argument, they are scheduled on an expedited basis and a decision rendered as soon as practicable thereafter.
The case started months ago when Florida Administrative Judge John Laningham, acting as a Special Magistrate for the town, ruled that La Ola was in violation and needed to be out of Times Square by March 1st or face daily fines of $250. Houghton appealed the ruling on February 12th, ten days after Laningham’s ruling.
The race to chase La Ola from Times Square started when FEMA told town officials they wanted all containers, conex boxes and anything else that could fly around in a storm removed from the island. FEMA then proceeded to take away the town’s 25% discount in FEMA’s National Flood Insurance Program. Mayor Dan Allers and the town staff have put the town on the path to get the discount back and Allers has made it clear he believes La Ola needs to go in order to make FEMA happy.
FEMA told the town that all structures that could not be removed from the velocity zone quickly with a light duty pickup truck must be removed. La Ola’s containers are on wheels in Times Square but do need a bigger truck to pull them.
La Ola recently celebrated 15 years in Times Square on Fort Myers Beach. Houghton does plan to rebuild on the site. He’s released drawings of a new restaurant and is now going through the early steps to start the rebuild. He’d like to be able to stay setup on the property for as long as possible before the rebuild starts and said on Beach Talk Radio it could be 3 years before he reopens.
If the court rules in favor of the town, Houghton and Primeau are also facing the possibility of $250 per day fines dating back to March 1st. By the end of June that amounted to about $30,000. It’s unclear if a La Ola win at the Circuit Court level might mean to FEMA if anything.
Read the town’s court filing from this week HERE.
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Staying is NOT being a good neighbor. This loss of discount will cost condo associations thousands of dollars. It’s not right to ask property owners to subsidize this business.
So if La Ola stays in their shipping container and that container sets flight as missals during the next storm or tornado that can pop up anytime during a storm ( and you don’t have time to prepare for tornados) and someone is injured or killed then what geniuses? It’s more than having a business in times sq. Their concoction is dangerous and they should do what is not only right according to our towns floodplain regulations, but they should want safety for the people of FMB. Oh and their decision to stay is also COSTING the property owners more for their flood insurance. They are not good neighbors as much as many of you won’t like to hear this. Now let’s see if Ed deletes this because it’s not aligned with his agenda! And every other business complied with our flood plain regulations, Quicky bikes, the hardware store, the golf cart and bike rental and so on. La Ola is the ONLY one fighting so they can stay a safety hazard!! Shameful!
Why have they designated that a certain size truck must be used ? STUPID ! That’s the part I don’t understand .. Plus, they didn’t describe what a “light duty truck” is, as far as I know. Get the truck Tom used last time to move his business and paint “ Light Duty” on the doors …
“Light duty truck” is defined in the Code of Federal Regulations.
Light duty has always and as far as I know designated as any truck that does not require a special license to operate. There is absolutely no question an F350 dually would pull them trailers without even breaking a sweat.
Do a little research please. EVERYTHING, including defining a light duty truck in the floodplain regulations. Nothing worse than uneducated comments. Jeez!!!
Shame on FEMA. With the weather pattern that we have now makes sense to have those type of temporary structures. With the major distuction the beach had was devastating and the time and effort of clean up has cost millions. When a business can be moved for major storm is the smart way to go.
No matter how much the newer structures are built there is a chance they will not survive. That like asking the business that survived they need to rebuild.
The leaders need to be for the great people of Fort Myers Beach and get better Lawyers and go up against FEMA. Grow some Brass Balls.
Shame on fema? So if someone gets injured or killed is a storm flys thru here and their trailer goes flying who’s fault is that? FEMA is just trying to make our town adhere to our own floodplain regulations for the safety of the people who live on this island. No one’s life is worth less than a stupid business for goodness sake. Wake up and realize what’s at stake
I think the real issue is that La Ola has already demonstrated their ability to move their entire operation off the island in under a day, that isn’t good enough so they’re falling back on their vague description of a light truck.
If people don’t start standing up to the these government agencies they will literally be telling us how to live our lives and what we can and cannot do and they have proven to be of no use when they are needed the most!!!!
Amen !!!
If people don’t stand up to business who are non compliant putting islanders at harms risk and costing every flood insurance policy holder more money because they don’t want to comply is nothing more than fuck$& up!!! Sorry you can’t see that but you probably don’t understand the risk of having this type of structure in a hurricane and tornado prone area.
I think they should go above FEMA, they have done nothing great in the disaster issues and Trump is getting rid of the main organization. I would take the next step above FEMA and write in to those who serve the state and government.
So no fema, then who will clean up after a storm? Who will help homeowners out who lost everything? Your comments depict your lack of knowledge of what FEMA does and it’s not going away because it’s desperately needed after a natural disaster. If you ever lived thru a natural disaster like we did you would understand but go ahead and keep making stupid ignorant comments.
Such a cluster muck.
All caused by this council and a few business owners refusing to believe FEMA would enforce its rules, the council too long stubbornly defending the violating businesses.
They found out otherwise, too late to save those 5000 property owners from higher premiums and bringing the island to the brink of of losing flood insurance altogether.
Ed asked the mayor a good question Sunday: what happens when the FEMA officials get to the top of that bridge next week and see those trailers still sitting there?
The only things missing in this soap opera are the usual suspects named Orlandini and Persaud.
Why not have them remove their trailers a day before inspection? Then bring them back after the inspection. If there so easy to remove.
They can’t be removed easily, that’s that whole point to this issue!!!! And they didn’t / couldn’t move when Milton & Helene came through.
Get your facts straight, they did move for Helene and Milton!
I think that when FEMA arrives,La Ola should be able to demonstrate how quickly they can evacuate. FEMA is one of the federal governments most incompetent organizations, as evident by their miss handling of numerous natural disasters.
So funny to read this comment. Everyone hates FEMA until they need them and the people complain because the response wasn’t fast enough or didn’t pay for everything.
If insurance companies would do as promised without finding loopholes not to pay their customer’s claims, we wouldn’t need FEMA.
It’s all comical in a sickening way.
Ed can you ask the town when the Interiors Unlimited trailer, 6800 Estero is going to be removed. It has to be over 50 feet long. Every other trailer had to be removed, Goodz, the bike rental place, Surfside Casual, etc. I’m sure FEMA is going to see that when they come for their visit.
Please remove the sheriffs structure on Estero Blvd as well. That’s definitely a structure at risk for hurricanes! FEMA will be driving by that too. My insurance is out of control and if it doesn’t come down, I will sell too.
The sheriff’s trailer is an acceptable moveable RV that can be removed with a light duty truck and there-for, in compliance with the rules for FEMA.