On Monday the Fort Myers Beach Town Council will consider a request from Robert Himmelstein to reduce a code violation fine from $16,500 to $0. Himmelstein is refurbishing the old bank building in the Sea Grape Plaza into a furniture store.
The fines were a result of shipping containers Himmelsten had in his parking lot to store the retail furniture for his store during his build-out.
Himmelstein was first served with a violation in October of 2024. Himmelstein was given 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.
Himmelsten received a temporary permit for the containers in February of 2023. As a result of a FEMA visit that permit was revoked in December of 2024. Himmelsten eventually moved the contents of the containers into his building and sold the containers. He is now requesting the fine be dropped stating he acted in good faith to get the containers removed once it was clear the town would not renew his permit…