Special Magistrate Meeting Minutes

3. Case 20-7703 — 210 Ann St — James A. Bennett — Town of Lady Lake Land Development Regulations-Section 16-52 Building Permit Required; Order of Enforcement (Lori Crain)

This case will not be presented.

4. Case 21-8298 — 207 Brevard Ave – William K. Maddox — Town of Lady Lake Code of Ordinances Section 20-20(a)(5) Property Maintenance, Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 20-20(a)(1 & 5), Maintenance and Appearance Standards; impose an administrative fee of $87; Allow the Respondent until April 1, 2022, to bring the property into compliance or a fine of $25 per day will begin to accrue for each day the property is not in compliance and continue to accrue at the daily rate until such time as the property comes into compliance.

The Special Magistrate asked if there is anyone present who wished to speak regarding this case.

William Maddox, 207 Brevard Ave., stated that he was affected by Covid-19 and was unemployed for 14 months. He stated that he began working last year for a new company in north Florida making significantly less than his previous job. He advised that his desire is to sell the property and noted that the cost of supplies has increased, and he cannot afford to purchase a lot of building materials. He stated that he felt that he had complied with the violations and has been working with Ms. Crain on this matter.

The Special Magistrate asked Mr. Maddox if he has immediate plans for the exterior of the structure.

Mr. Maddox stated that he had planned to pressure wash the structure, but the weather has not allowed him to proceed.

The Special Magistrate verified with Ms. Crain that the immediate issue is with the exterior and securing the structure.

Ms. Crain clarified that the windows and doors need to be boarded, and that the skirting needs to be secured. She stated that there are area churches that may be able to assist Mr. Maddox.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay an administrative fee of $87, and have until June 1, 2022, to successfully bring the property into compliance or a fine of $25 per day will begin accruing June 2, 2022 and will continue to accrue thereafter for each day the violation continues to exist.

5. Case 21-8404 — 444-446 Winners Cir — GABSAN LLC, — Town of Lady Lake Land Development Regulations-Section 16-52, Building Permit Required and Section 9-4(a) Fences and Walls; Permit Required; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondent in violation of the Town of Lady Lake Land Development Regulations Section 16-52(a), Building Permit Required; and Section 9-4(a), Fences and Walls: Permit Required; impose an $87 administrative fee and afford the property owners until March 15, 2022, to successfully bring the property into compliance or a fine of $25 per day be assessed thereafter for each day the violation continues to exist.

The Special Magistrate verified with Ms. Crain that the photo included in the backup documents was taken by her.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay an administrative fee of $87 and must successfully bring the property into compliance by March 15, 2022, after which a fine of $25 per day will begin accruing March 16, 2022 and will continue to accrue thereafter for each day the violation continues to exist.

6. Case 21-8431 — 802 Harper Pl – Artemisa Posadas — Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondent in violation of Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed public Nuisance; impose $87 administrative fee and afford the property owners until March 20, 2022, to successfully bring the property into compliance or a fine of $25 per day will be assessed thereafter for each day the violation continues to exist.

The Special Magistrate stated for the record that no one was present to speak on this matter.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay an administrative fee of $87 and must successfully bring the property into compliance by March 20, 2022, after which a fine of $25 per day will begin accruing March 21, 2022 and continue to accrue thereafter for each day the violation continues to exist.

7. Case 21-8432 — 307 Stone Castle Loop – Espie & Joseph Gepega — Town of Lady Lake Code of Ordinances Section 17-26(b) Parking of Commercial Vehicles, and Town of Lady Lake Land Development Regulations Section 15-82(j)(1) Single Family Resident Driveway Aprons; Request to establish Repeat Offender, Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

The Special Magistrate stated per Ms. Crain’s testimony that the Respondent was in partial compliance and asked for clarification.

Ms. Crain stated that the Respondent obtained permits regarding the driveway apron and the fence. She advised that the Respondent has been established as a repeat violator in the past and wants this status to continue.

The Special Magistrate asked if there is anyone present who wished to speak on this case.

Joseph Gepega, 307 Stone Castle Loop, apologized for not complying sooner, and stated that he will try to correct the violations.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent is hereby established as a repeat offender and any future violation of the Town of Lady Lake Code of Ordinances Section 17-26(b) will be cited as repeat violations.

8. Case 21-8443 — 263 N Clay Ave — Andrea T. Grace Estate — 7-67–Certain Conditions, Accumulations Deemed Public Nuisance; Order of Enforcement (Lori Crain)

This case has come into compliance.

9. Case 22-8504 — 710 Summit St — Sandra J. Curry – Town of Lady Lake Code of Lady Lake Ordinances Chapter 20 Community Preservation — Sections 20-15 Compliance with Minimum Standards, 20-17 Light; Ventilation, 20-18 Sanitation, 20-19 General Structural Specifications, 20-20 Maintenance and Appearance Standards, 20-21 Unsafe Dwellings, Hotels or Rooming Houses, and 20-23 Responsibilities of Owners. Order Declaring Unsafe Structure, Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondent in violation of Town of Lady Lake Code of Ordinances Chapter 20, Community Preservation, Compliance with minimum standards and all violations listed in Violation/Hearing notice; code enforcement requests the magistrate declare and order the property as unsafe to occupy; impose an $87 administrative fee and afford the property owner, occupants, guests, and all tenants until March 1, 2022, to vacate the property as living quarters. Only those performing maintenance and clean up are allowed on property during daylight hours as well as licensed contractors for which open valid permits are posted. It is further recommended Respondent be allowed until June 1, 2022, for permitted work to pass final inspections and walk-through by a Building Official and Code Enforcement or a fine of $50 per day will begin to accrue thereafter for each day the violations continue to exist.

The Special Magistrate confirmed with Ms. Crain that the photos included in the backup documents were taken by her.

The Special Magistrate asked if the building official is present.

Ms. Crain explained that the Town’s building officials are contracted through a third party and do not have regular, scheduled hours.

The Special Magistrate asked if there is anyone present who wished to speak regarding this case.

Arlene Udik, FL Bar #32768, representing Ms. Curry pro bono through Community Legal Services of Central Florida.

Ms. Udik stated that she objects to the photos dated January 2022 presented by Ms. Crain as there has been major cleanup and the photos do not represent the current state of the property.

The Special Magistrate stated that the Code Enforcement Officer testified that a walk through was conducted February 16 and there had been improvements to the exterior of the property.

Ms. Udik stated she and her client discussed presenting photos of the property and decided against it because every day the state of the property changes. She stressed that Ms. Curry is working hard to come into compliance.

The Special Magistrate stated he will not make a ruling solely on the photos. He reiterated that Ms. Crain testified that the condition of the property has changed. He noted that it would have been helpful if Ms. Udik had photos to present. He stated that he understands the status of the property has changed, yet no recent photos of the property have been presented.

Ms. Udik stated that she objects to the testimony of police being called to the property due to criminal activity. She stated that she has discussed this with Ms. Curry and admitted that she has not reviewed the police reports.

The Special Magistrate stated that the police issue is not relevant to his decision. He stated his main concern is that the home has been alleged to be completely unsafe for habitation and is a hazard to Ms. Curry.

Ms. Udik presented a background summary regarding Ms. Curry. She stated that Ms. Curry has lived on the property since 1984, the mobile home was built in 1972 and a room was added on in 1977. She stated that any aging property could be noncompliant due to code changes and age of the building.

Ms. Udik stated that there are two issues with this property, the yard, and the mobile home. She stated that the septic has been pumped recently and they are waiting for an inspection. A fence had been erected admittedly without a permit and she advised that Ms. Curry will be obtaining the permit. An electrician and a plumber will be contacted to bring the mobile home into compliance.

Ms. Udik advised that funding options are being researched, such as Habitat for Humanity, who will be contacted for aid to bring the property up to code. She acknowledged this project will take a lot of work and it will not be completed by June 1.

Ms. Udik noted that, Ms. Curry did not have to invite Ms. Crain or the building officials into her home. However, Ms. Curry used that opportunity for everyone to assess the status of the home and discuss what needs to be done to correct the violations. She acknowledges that there are many violations with the home because it has not been maintained and it will take a lot of time to repair. Ms. Udik asked the Special Magistrate to consider that Ms. Curry is sight disabled and does not see what the public sees.

The Special Magistrate asked Ms. Udik if there is anything specific that she is objecting to with respect to the recommendation of the Code Enforcement Officer.

Ms. Udik replied that there is nothing specific she objects to.

The Special Magistrate asked Ms. Udik if Ms. Curry is currently living in the home. and this is a life-safety issue

Ms. Udik replied that Ms. Curry lives in the home with her two children.

The Special Magistrate reiterated that he has been asked to enter an order to require Ms. Curry to vacate the property and needs to know if Ms. Udik is objecting to that. He stated that he has been advised that this is a life-safety issue, and it is in your client’s interest not to have a life-safety issue around her especially because Ms. Udik testified that her client cannot see very well.

Ms. Udik replied that she does not know where they would go, and asked Ms. Curry to address this.

Sandra Curry, 710 Summit Street, stated that she objects to being ordered to vacate her property. She stated that she has made several improvements to the property since she purchased the mobile home in 1984. She stated that she can live there because she knows the layout of her home. She stressed that she has nowhere else to live and that she will live in a tent on her property if she is not permitted to live in her home. Ms. Curry stated that she has no family other than her two children, that she has maintained the property as best as she could with her limited income. Ms. Curry stated that she has opened her home to many people over the years to provide them with a meal, clothes, or appliances that she has collected. She stated that discussed her situation with Habitat for Humanity and was advised by the representative that she is eligible for a new home on the site however she does not expect it to happen before June 1.

The Special Magistrate asked Ms. Udik if she is familiar with Habitat for Humanity and if they have given a timeframe for construction.

Ms. Udik stated her knowledge of the program is just what she read online. She stated that she is not familiar with the process or the timeframe, just the qualifications.

The Special Magistrate asked Ms. Crain if she compiled the Memorandum List of Requirements or was it compiled by the building inspector.

Ms. Crain stated Ms. Udik submitted that list to her.

The Special Magistrate verified with Ms. Crain that she discussed this case with two building officials.

Ms. Crain advised that she showed the photos to Mr. Charles and Bob Keigan who is the acting building official and accompanied her on the site inspection and walk-through on February 16.

The Special Magistrate verified with Ms. Crain that both building officials are of the opinion that one just looking at the photos and the other physically inspecting the property.

Ms. Crain concurred and stated that Mr. Charles had already signed notices for her to post. When Ms. Curry stated that she was hiring an attorney and the case was continued to today’s hearing, Ms. Crain did not proceed with the posting.

The Special Magistrate stated for the record that the yard cleanup that has been conducted is immaterial to the safety of the structure.

Ms. Crain replied affirmatively, clarifying that it is about the unsafe structure.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted.

The Special Magistrate paused to ensure Ms. Curry that his ruling is not an attack on her or her character. He stated that he is compelled to rule by the evidence and testimony provided.

The Special Magistrate continued his ruling.

Respondent shall pay an administrative fee of $87; all fines and costs shall be paid to the Town of Lady Lake. The Special Magistrate declared the structures on the property are declared to be unsafe and its use or occupancy is prohibited. Respondent, occupants, guests and tenants shall have until 11:59 p.m. Tuesday March 1, 2022 to vacate the property as living quarters; only those performing maintenance and cleanup as well as licensed contractors for which the open valid permits are posted may be present and allowed on the property during daylight hours. Code enforcement shall be allowed access to the property on or after March 2, 2022 to post unsafe notices on the property. It is further ordered that the Respondent shall have until June 1, 2022 for permitted work to pass final inspections and conduct walk through by building official and code enforcement or a fine of $50 per day will begin to accrue on June 2, 2022 and continue to accrue at the daily rate until such time the property comes into compliance.

The Special Magistrate noted to bring this case before him if a time extension is warranted for this case to continue to be brought into compliance.

10. Case L21019151 — 303 Magnolia Way — Alexandria Harris — Town of Lady Lake Code of Ordinances, Section 4-36, Dog or Cat License or Vaccination (Denise Williams)

This case has come into compliance.

11. Case L22000376 — 241 W McClendon Street — Brittany Johansen — Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal – Repeat Violation; Section 4-36, Dog or Cat License or Vaccination (Denise Williams)

Ms. Williams presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 4-4, At Large Animal; impose full fines of $100 for this repeat violation. Find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 4-36, Dog or Cat License or Vaccination; impose full fines of $35 for this violation. Total fines due $135.

The Special Magistrate asked if there is anyone present who wished to speak regarding this matter.

David Rawls, 236 W McClendon Street, stated that he took the pictures Ms. Williams presented, and has already given her more pictures. He asked what recourse is there if the respondent does not pay the fine.

The Special Magistrate advised that his role is to enforce the code and order a fine.

Mr. Rawls conveyed his appreciation to the Special Magistrate for his honesty. He stated that there does not seem to be any way to enforce these judgements.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22000376, he finds the Respondent is in violation of the cited Code section 4-4, At Large Animal, as a repeat violation, impose a fine of $100; and in violation of Code section 4-36, Dog or Cat License or Vaccination and imposed a fine of $35; impose administrative fee of $87. All fines and fees to be paid within 15 days of the date this Order is entered. He stated that the Respondent was properly served with notice of these proceedings and did not appear at these proceedings. The Respondent will receive a copy this full order.

12. Case L22000321 — 365 Carriage Lane — Brandy Steinmetz & Chase Smallwood — Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal — Repeat Violation (Denise Williams)

Ms. Williams presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondents in violation of the Town of lady Lake Code of Ordinances Section 4-4, At Large Animal; impose full fines of $100 or this repeat violation.

The Special Magistrate asked if there is anyone present who wished to speak regarding this case.

Samantha Anderson, 360 Carriage Lane, stated that this issue with Bubba has been constant for over a year. She stated that the Town has been lenient with the Respondents, and the problem is progressing. She stated the Respondents have two other dogs and video show them trying to attack her dogs. She stressed that this issue needs to get under control and that they need to be held accountable. She stated that this is an all-around safety issue and a responsible dog-owner issue. She advised that the other dog owners in the neighborhood walk their dogs on a leash and pick up after their animals.

Craig Morris, 360 Carriage Lane, stated that he testified at the January Special Magistrate hearing regarding this matter. He agreed that this is an ongoing problem and would like to get it under control.

The Special Magistrate verified with Mr. Morris that the videos presented were from the security camera on his house.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22000321, he finds he finds the Respondent is in violation of the cited Code section 4-4, At Large Animal, as a repeat violation, impose a fine of $100; impose an $87 administrative fee. All fines and fees to be paid within 15 days of today’s hearing date. He stated that the Respondent was properly served with notice of these proceedings and did not appear at these proceedings. The Respondent will receive a copy of this full order.

13. Case L22000604 — 365 Carriage Lane — Brandy Steinmetz & Chase Smallwood — Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal — Repeat Violation; Section 4-36, Dog or Cat License or Vaccination — Repeat Violation (Denise Williams)

Ms. Williams presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff’s recommendation is to find the Respondents in violation of the Town of Lady Lake Code of Ordinances Section 4-4, At Large Animal; impose full fines of $100 for this repeat violation. Find the Respondents I violation of the Town of Lady Lake Code of Ordinances Section 4-36, Dog or Cat License or Vaccination and impose full fines of $35 for this repeat violation. Total fines due, $135.

Samantha Anderson, 360 Carriage Lane, pointed out that some videos Ms. Williams presented shows when one of owners comes to get her two bulldogs, she never has a leash, which is why this problem keeps occurring. Ms. Anderson stated that she used her leash to secure the dog so the owners would come to get their dogs.

Ms. Williams advised that in the last video presented the gentleman next to Mr. Morris is not one of the dog owners. She advised that he is another neighbor assisting Mr. Morris.

Craig Morris, 360 Carriage Lane, stated the videos Ms. Williams presented were submitted by him. He stated that the issue with the dogs coming onto his property is escalating.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22000604, he finds the Respondent is in violation of the cited Code section 4-4, At Large Animal, as a repeat violation, impose a fine of $100; and in violation of Code section 4-36, Dog or Cat License or Vaccination and imposed a fine of $35; impose administrative fee of $87. All fines and fees to be paid within 15 days of the date this Order is entered. He stated that the Respondent was properly served with notice of these proceedings and did not appear at these proceedings. The Respondent will receive a copy this full order.