Eric P. Feichthaler

Dear Mr. Feichthaler,

I am one of the unfortunate that received the letter from the city last week saying that I violated city code by doing hurricane repairs without a permit. My house is relatively new, and though I did have some damage to pool screens and cosmetic damage, I didn’t need to perform any significant repairs. The hearing is next week. Can I ignore the notice? Could it be I was sent this letter in error?

Bill A.

Dear Bill,

I think the people of Cape Coral, as well as city government, have had enough of all the issues Hurricane Ian has brought. You likely have seen the stories over the past several weeks about the federal government stripping the city, as a whole, of the flood insurance discount we have received for many years. This discount was earned due to the city’s rigorous policies relating to permits and rebuilding. I personally have worked with several clients who could not simply make repairs as a result of the 50% rule.

FEMA determined that the city was not properly enforcing rules on unpermitted work, which led them to declare the city has lost its preferential rating. The city has responded with substantial evidence that it has, in fact, diligently enforced its rules and the rules required to continue the discount. As a result, FEMA has given the city an additional 30 days to respond to their concerns.

Which brings us to the issue you and, I believe, a few hundred others are facing. I believe FEMA provided a list to the city of potentially offending properties, and you are on the list. This list was complied in the Fall based on inspections made by FEMA officials from the street. Some of these inspections may have uncovered legitimate concerns. I also believe many, like yours, are simply caught in the cast net that FEMA has thrown to determine what complies and what does not.

I have dealt with city Code Enforcement from many sides over the years, and I can tell you this: Code Enforcement is highly capable and diligent enforcing city code, when a violation is brought to their attention. I also can state, based on experience, that the special magistrates in these situations, which govern the code hearing, are very fair, carefully consider evidence, and have a wide range of options when hearing a case, including holding off on fines until the issue is resolved, and dismissing cases where no violation took place.

Unfortunately, if your letter was like the others I have seen, it does not specify what has been done to violate code. This makes is particularly challenging to defend. However, one thing you should not do is ignore this notice. Whether you decide to hire an attorney or attend on your own behalf, someone must attend to avoid fines or other actions by the city. Whichever you choose, try to be prepared to address whatever violation you can anticipate, and to ask for time to resolve whatever it may be that was done in violation of code.

After observing the city’s actions post-hurricane and all of the information released recently about FEMA, it appears the city has taken extraordinary steps to comply with federal requirements relating to floodplain management. I am hopeful that, with these hearings coming soon, that most or all of these alleged violations are not sustainable by FEMA, and that the city will prevail to reinstate the flood insurance discounts received by our friends and neighbors.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, and Cape Coral Kiwanis. He has been married to his wife, Mary, for 22 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and primarily practices in real estate law and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.