Special Magistrate Meeting Minutes
Minutes of the March 22, 2022 10:30 a.m.
Special Magistrate Meeting
The regular meeting of the Special Magistrate was held in the Town Hall Commission Chambers at 409 Fennell Blvd., Lady Lake, Florida. The meeting convened at 10:30 a.m.
Town Staff Present
Lori Crain, Code Enforcement Officer; Denise Williams, Animal Control Officer; and Carol Osborne, Deputy Town Clerk
A. Call To Order
Joshua Bills, Special Magistrate, called the meeting to order at 10:30 a.m.
B. Pledge of Allegience
All present stood and recited the Pledge of Allegiance.
C. Swearing In
The Special Magistrate requested that anyone present who planned to speak at today’s hearing stand and be sworn in.
All individuals who presented information during these proceedings were sworn in. Those cases were heard first regardless of their order on the agenda.
Explanation of Procedure
Special Magistrate Joshua Bills explained to the public that this is a quasi-judicial hearing, which means that he has not seen or heard any evidence or testimony from staff or outside parties, other than cases that have been continued from a public meeting, as this would be in violation of ex-parte rules. He explained that staff will present their case and testimony, and he will ask any questions he deems necessary. At that time, the owner or interested party will be able to present their testimony or evidence, and staff will have an opportunity to rebut. The case will be closed for public comment and he will render his decision on each of the cases.
The Special Magistrate advised that all testimony is to be directed to him only.
Violators shall contact Code Enforcement to confirm compliance. Upon notification by the code inspector that the Order of Enforcement has not been complied with by the time stated in the ruling, the Special Magistrate may execute an Order of Imposing Fine in the amount set forth above. A copy of the Order Imposing Fine shall be mailed to the Violator. A certified copy of the Order Imposing Fine may be recorded as a lien against the property and or business. A hearing is not statutorily required for the issuance of the Order Imposing Fine. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty days of the commencement of the fine. The Order Imposing Fine shall advise the Violator of that right. When requested, such a hearing will be heard by the Special Magistrate. In some cases, fines will be recorded as a lien if not paid. The respondent or business owner will receive a copy of this order.
D. Approval of Minutes
1. Minutes of the February 22, 2022, Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of January 22, 2022 into the record as presented.
The Special Magistrate asked if there were any changes to the agenda.
Code Enforcement Officer Lori Crain advised the following cases are now in compliance: Case 21-8404, Case 21-8431, and Case 20-7703; Case 21-8408 will not be presented.
Ms. Crain advised that agenda Item 5—Case 06-0291, Item 6—Case 08-1105, and Item 7—Case 12-3803, will be presented together.
E. Old Business
2. 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 Fine (Lori Crain)
This case has come into compliance.
3. 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 Fine (Lori Crain)
This case has come into compliance
4. Case 21-8388 —317 Orange St, Highland Property Services Orlando, LLC — Town of Lady Lake Land Development Regulations Section 16-52, Building Permit Required and Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance; Order of Fine (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 has not complied with the Order of Enforcement dated January 25, 2022 and enter an Order of Fine in this matter, in the amount of $4,000, which is the current accumulated total of $200 daily fine. Additionally, the unpaid $87 admin fee from the Order of Enforcement hearing and this Order of Fine hearing shall be paid in full by 5:00 pm April 11, 2022, or the same to be recorded as a lien against the property.
Nancy Lyons, with Nancy Lyons Realty, 400 W Washington St., Mineola 34715, representing HMC Assets, the lien holder who foreclosed on the home. She presented the Certificate of Sale to the Special Magistrate. She stated that the sale of the home was finalized March 7, 2022. She advised that HMC Assets intends to work with the town’s building department to complete the construction of the home. She stated they did not have legal authority to deal with the violations until they had ownership of the property.
The Special Magistrate advised that the paperwork is in order indicating the transfer of ownership of the property. He asked Ms. Crain for her recommendation.
Ms. Crain advised that she and Ms. Lyons discussed this and have agreed the best course is to move forward with the Order of Fine and they can request a hearing within the 20-day timeframe.
The Special Magistrate asked Ms. Lyons how long it will take for this property to come into compliance.
Ms. Lyons stated that there is extensive work that needs to be completed, and that she will be meeting with the town’s building department representative after this hearing for a list of items that need to be addressed.
The Special Magistrate confirmed with Ms. Lyons that she understands the daily fine will continue to accrue.
Special Magistrate Bills executed the Order of Fine for Case 21-8388 based on the information provided through the evidence and testimony regarding this case. The Respondent was found to be noncompliant with the Order of Enforcement dated January 25, 2022. The Respondent shall pay a fine of $200 per day that commenced on March 2, 2022 and shall continue to accrue at the daily rate of $200 until such time that the property is brought into compliance; current total fine at the date of this order is $4000. The Respondent shall pay costs associated with the case in the amount of $87; to be paid in full to the Town of Lady Lake by 5 p.m. April 11, 2022. The Respondent will receive a copy of the full order.
5. Case 06-0291 — 207 Skyline Dr, Adam Richard Dahl — Town of Lady Lake Land Development Regulations Section 9-2(h) Outside storage and Section 20-20(a)(1) Property Maintenance/Residential exterior — Abatement of Lien Request (Lori Crain)
Staff’s recommendation and the Special Magistrate’s ruling is under Case 12-3803
6. Case 08-1105 – 207 Skyline Dr, Adam Richard Dahl — Town of Lady Lake Code of Ordinances Section 7-46 Storage of Unlicensed Motor Vehicle and Section 7-67 High Grass, Junk, and Debris — Abatement of Lien Request (Lori Crain)
Staff’s recommendation and the Special Magistrate’s ruling is under Case 12-3803
7. Case 12-3803 – 207 Skyline Dr, Adam Richard Dahl — Town of Lady Lake Land Development Regulations Section 9-2(h) Outside Storage of Unlicensed Vehicle, Appliances, Equipment and Other Household Items and Town of Lady Lake Code of Ordinances Section 7-67 Garbage, Junk, and Debris Visible in Front Yard — Abatement of Lien Request (Lori Crain)
Ms. Crain presented the background summary for agenda Item 5—Case 06-0291, Item 6—Case 08-1105, and Item 7—Case 12-3803 (on file in the Clerk’s Office). She noted that the some of the case notes she presents are from former Code Enforcement Officers.
Per Town of Lady Lake Administrative Code Section 1-83(h)(5)(a), the initial recommendation of town staff shall be to set the reduction to twenty-five percent of the value of the property if the accrued liens have exceeded that amount, or to five thousand dollars, whichever is less. Per Lake County Property Appraiser, the subject property is currently assessed at $20,661. Twenty-five percent of the assessed value is $5165.25. Therefore, staff’s recommendation is to reduce the liens of accrued fines and administrative fees grand total of $872,167 to $5,000, to be paid in full by April 30, 2022.
Ms. Crain advised that the property owner who requested the lien reduction did not attend today’s hearing.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
The Special Magistrate stated that he recommends the lien reduction.
F. New Business
8. 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 has come into compliance.
9. Case 21-8408 — 314 Woodland Trail, Troy B. Kubusheski & Heather C. Rogers — Town of Lady Lake Land Development Regulations Section 15-82(j)(1) Driveway Apron-Single Family Residential, Order of Enforcement (Lori Crain)
This case will not be presented
10. Case 21-8411 — 261 N Clay Ave, Rogelio Cortez & Antonia Munoz — Town of Lady Lake Code of Ordinances Section 7-46 Unlawful Storage of Junk, Debris; Section 20-19(f) Fence Maintenance/Repair and Town of Lady Lake Land Development Regulations Section 15-82(j)(1) Driveway Apron-Single Family Residential, 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 Respondents in violation of the codes and regulations stated, impose administrative fee of $87; allow the Respondent until April 22, 2022 to bring the property into compliance or a fine of $50 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.
Rogelio Cortez, 261 N Clay Ave.
Wendy Then, Senior Planner for the Town of Lady Lake, explained that she will be interpreting for Mr. Cortez. She advised that she spoke with Ms. Munoz via telephone regarding the violations and stated that Ms. Munoz understands the violations.
Ms. Then explained to Mr. Cortez the violations and what is required to bring the property into compliance.
The Special Magistrate asked if Mr. Cortez is aware of the delinquent Business Tax Receipt.
Ms. Crain stated that the BTR is not a part of this case. She included it in her narrative to show that a business is operating from this address.
The Special Magistrate asked if Mr. Cortez disputes anything represented in the photos.
Ms. Then advised that Mr. Cortez stated that he is not disputing anything presented and understands what he needs to do to bring his property into compliance.
The Special Magistrate asked Ms. Then to explain to Mr. Cortez that it is very important that he work with Ms. Crain.
The Special Magistrate 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 April 22, 2022, to successfully bring the property into compliance or a fine of $50 per day will begin accruing April 23, 2022 and will continue to accrue thereafter for each day the violation continues to exist. The Respondent will receive a copy of the full order.
11. Case 21-8472 — 309 Magnolia Way, Christopher E. Leviti — Town of Lady Lake Code of Ordinances Section 7-46 Unlawful Storage of Junk, Debris; Order of Enforcement (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office). She stated that there are three additional open cases on this property; two of the previous cases resulted with liens.
Staff’s recommendation is to find the Respondent in violation of Town of Lady Lake Code of Ordinances Section 7-46, Unlawful Storage of Junk, Debris; impose an $87 administrative fee and afford the property owner until April 20, 2022, to successfully bring the property into compliance or a fine of $50 per day be assessed thereafter for each day the violation continues to exist.
The Special Magistrate verified with Ms. Crain that the photographs included in the backup documents were taken by her.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
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 April 20, 2022, to bring the Property into compliance or a fine of $50 per day will begin accruing April 21, 2022 and will continue to accrue at the daily rate until such time as the Property comes into compliance. The Respondent will receive a copy of the full order.
12. Case 22-8559 — 486 N Hwy 27/441, SRK/Benchmark and Dollar Tree — Town of Lady Lake Land Development Regulations Section 16-2, Fire Codes and Town of Lady Lake Code of Ordinances Section 7-47, Fire Hazards; Request to Establish as Repeat Offender; 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 Land Development Regulations Section 16-2 and Code of Ordinances Section 7-47, Fire Code; impose an $87 administrative fee; Establish Respondents as Repeat Offender and the violations as repeat violations; allow Respondents until Thursday, March 24, 2022 to bring the property into compliance by successfully passing a Fire Inspection by Inspector Barnett, or a fine of $250 per day will begin to accrue for each day that the Property is not in compliance and continue to accrue at the daily rate until such time as the Property comes into complete compliance. Complete compliance includes payment of all outstanding fire inspection fees and administrative fees as well as compliance of the fire code deficiencies.
Charlie Chin, Attorney, representing SRK/Benchmark and Dollar Tree, stated the violations are being addressed by the new General Manager, Vincent Solomon. He presented photographs showing how certain violations have been corrected. He requested the status of repeat offender be removed, as Mr. Solomon is doing his best to address these issues with limited staff and having difficulty scheduling contractors. He stated that the violations presented in this case should be corrected by, March 23, 2022, when Ms. Crain will conduct the follow-up inspection.
The Special Magistrate asked Ms. Crain if there was a previous Order of Fine as a repeat violation for this Respondent.
Ms. Crain clarified that case was Dollar General. She advised that a previous case for Dollar Tree for these same violations was presented in December 2021. She advised that the violations were cured, and the Respondent complied on March 2, 2022.
The Special Magistrate stated that there are several fire safety inspection reports included in the backup documents.
Ms. Crain advised that Inspector Barnett submitted the photographs and dates. She stated there was one inspection date where the Respondent had come into compliance yet did not maintain compliance. She added that Inspector Barnett, who is not present, has requested the repeat offender status.
Mr. Chin stated that his client does keep in contact with Ms. Crain and addresses issues as best he can with the limited staff at the store.
The Special Magistrate stated that without the testimony of the Fire Safety consultant, he is not certain that he can establish them as a repeat offender.
Ms. Crain advised that she has the previous case file with her.
The Special Magistrate stated that there is enough evidence presented to him today to enter an Order of Enforcement, which can be used in the future to establish the Respondent as a repeat offender. He stressed that his decision today regarding this case does not preclude him from establishing the Respondent as a repeat offender in the future. He asked for the previous code enforcement case.
Ms. Crain stated that Case 21-8229, was presented at the December 16, 2021 Special Magistrate hearing. She advised that the Order of Enforcement was entered on December 16, 2021, for the same violations as today’s case, blocking egress and failure to comply within a timely manner; and for life-safety issues.
Mr. Chin objected from the audience. His testimony could not be heard clearly because he did not speak into the microphone.
The Special Magistrate stated that because he does not have the testimony of the person requesting the repeat violation, and that the original violation was not presented to him today, he cannot establish the Respondent as a repeat offender, as the evidence today is not appropriate for that finding.
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 March 29, 2022, to successfully bring the property into compliance or a fine of $250 per day will begin accruing March 30, 2022 and will continue to accrue thereafter for each day the violation continues to exist. The Respondent will receive a copy of the full order.
13. Case 22-8561 — 755 N Hwy 27/441, Sam’s East, Inc. — Town of Lady Lake Land Development Regulations Section 16-2, Fire Codes ad Code of Ordinances Section 20-54, Responsibilities of Owners; Order of Enforcement, Life Safety Violation (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 Respondents in violation of the Town of lady Lake Land Development Regulations Section 16-2 and Code of Ordinances Section 7-47, Fire Codes; impose administrative fee of $87; allow Respondents until April 20, 2022 to bring the property into compliance by successfully passing a fire inspection by Inspector Barnett and submitting required annual generator inspection test results, or a fine of $250 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 complete compliance. Complete compliance includes payment of all outstanding fire inspection fees and administrative fee as well as compliance of the fire ode deficiencies.
The Special Magistrate verified with Ms. Crain she took the photos that are included in the backup documents.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
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 April 20, 2022, to successfully bring the property into complete compliance which includes payment of all outstanding fire inspection fees, administrative fees, and compliance of the fire code deficiencies, or a fine of $250 per day will begin accruing April 21, 2022 and will continue to accrue thereafter for each day the violation continues to exist.
14. Case L22001826 — 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.
Ms. Williams advised that she has 30 videos and will present two videos.
The Special Magistrate asked if there is anyone present who wished to speak regarding this case.
Craig Morris, 360 Carriage Lane, stated that he submitted the videos presented. He stated that he is concerned with this matter because, as one of the videos Ms. Williams played shows that the dogs have now started to fight through the pen fence resulting in one of the dogs being injured. He stated that is happened a lot in January.
The Special Magistrate asked Ms. Williams if her recommendation of the full fine is the maximum.
Ms. Williams advised that because they have been established as repeat offenders, the Special Magistrate has the authority to increase the fine to $250. She stated that one violation citation represents 11 incidents.
The Special Magistrate stated that this is clearly becoming a danger to all the animals involved, and to persons once animals start biting.
Ms. Williams stated under Section 4—26, (b), a $250 fine can be imposed for any uncontested violation.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22001826, 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 $250. All fines and fees to be paid within 14 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 this full order.
15. Case L22002335 — 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 for this repeat violation.
Craig Morris, 360 Carriage Lane, noted that he was inside of the pen with his dogs in one of his videos that Ms. Williams played. He stated that he usually is not afraid of the dogs, but he was not certain that the other dogs were vaccinated for rabies.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22002335, 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 $250. All fines and fees to be paid within 14 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.
G. OTHER
Reschedule June meeting to Tuesday, June 21, 2022 at 10:30 a.m.
F. Adjourn
There being no further business, the meeting adjourned at 12:07 p.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Deputy Town Clerk