Downtown Fort Myers high-rise still violating fire safety codes, city says

FORT MYERS, Fla. — A downtown Fort Myers high-rise that has been the subject of repeated WINK News reporting is still out of compliance with fire safety requirements, according to the Fort Myers Code Enforcement Board.

During a code enforcement hearing on Thursday, city fire inspector Heather Kirkland told the board the 33-floor Harbor Grand apartment building (formerly known as Oasis) located at 3040 Oasis Grand Boulevard remains in violation of city codes tied to fire protection and life-safety systems.

“As of March 10, 2026, the property still remains involved in violation and non-compliance,” Kirkland told the board.

A representative for the property’s management company, Matthew Lopez with Casento Property Management, was at the hearing on behalf of Harbor Grand.

“We’re well aware of the violations and have been working and trying to partner and move this as expeditiously as possible,” Lopez said during the hearing.

Lopez told the board elevator repairs are underway and inspections of the building’s fire protection systems have been scheduled.

“We do have 24-hour fire watch on the property,” Lopez said. “In the meantime, we’re just working together to get all these things resolved.”

Despite those updates, the Code Enforcement Board determined the property is still out of compliance and moved forward with enforcement, meaning the building will pay a daily fine of $250 until the violations are corrected.

WINK Investigates obtained dozens of pages of inspection reports and code enforcement complaints tied to the building.

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Records show inspectors previously flagged issues involving the building’s fire alarm system, sprinkler equipment and other fire protection systems meant to protect residents in an emergency.

Inspection reports also documented deficiencies involving fire safety equipment and components of the building’s alarm system.

The Harbor Grand building has been the subject of multiple WINK News reports over the past several years. The most common complaint are the elevators out of service.

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Former residents Michelle and Mark Gemma say ongoing problems inside the building eventually pushed them to move out in December 2024.

When they first moved in back in 2019, they said they believed the building would be their long-term home.

“We thought we’ll never leave. This is paradise,” Mark Gemma said “Immediately it went downhill."

“ I felt very unsafe,” Michelle Gemma said. “That played a big part in us moving.”

The couple says elevator outages became one of the most frustrating issues during their time living there.

“The elevators would go out for not an hour, but days upon days,” Michelle Gemma said. “There would be zero elevators.”

The couple lived on the 17th floor.

“You would either be stuck in your apartment or do the trek,” she said.

Mark Gemma said the situation became increasingly stressful over time.

“When we would come home, the first thing we would do would be complain to each other about our experience,” he said. “It became very stressful.”

Despite their experience, the couple says they hope the building can eventually return to what it once was.

“It should be the crowning jewel of the river district,” Mark Gemma said.

“I’ve always hoped they would get their act together and be the beaming light that they should be,” Michelle Gemma added.

WINK Investigates attempted to speak with building management before and after the hearing. Lopez declined an on-camera interview but said a statement would be provided.

WINK Investigates emailed several questions to management, including:

• How many residents currently live in the building?
• Why the property is currently not in compliance?
• What specific steps have been taken thus far to building into compliance?
• What work still needs to be completed and the timeline to complete it?
• Whether management believes residents are currently safe in the building?
• Whether the daily $250 fine costs could impact residents financially (for example through rent or other fees)?
• When management expects the building to be fully compliant?

WINK Investigates received no response despite several follow-up emails.