Special Magistrate Hearing Minutes

Minutes of the April 26, 2022 10:30 a.m.
Special Magistrate Hearing

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 hearing, 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. 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 the full order regarding their case.

D. Approval of Minutes

1. Minutes of the March 22, 2022, Special Magistrate Meeting

The Special Magistrate accepted and signed the meeting minutes of March 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 that Case 22-8559 has come into compliance.

She advised Case 21-8394, Case 22-8562, Case 22-8564, Case 22-8565, Case 22-8566, and Case 22-8568 will be continued and not presented today.

Case 22-8515 — the address is incorrect on the agenda; the correct address is 303 W Rose Lane.

Case 22-8563 — cited section is incorrect on agenda; correct violation is Section 13-7(f), and Section 13-54 was omitted in error from the agenda for this case. She advised that the correct sections are stated in the violation notice.

E. Old Business

2. Case 21-8472 — 309 Magnolia Way, Christopher Leviti — Town of Lady Lake Code of Ordinances Section 7-46, Unlawful Storage of Junk, Debris; 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 in violation of the Order of Enforcement dated March 22, 2022, by failure to pay the $87 administrative fee; and enter an Order of Fine in the amount of $174, the total of the administrative fees for the Order of Enforcement hearing and the Order of Fine hearing; allow the fees to be recorded as a lien against the property.

The Special Magistrate stated for the record that no one is present to speak regarding this case.

Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8472 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 March 22, 2022. The Respondent shall pay $87.00 outstanding administrative fee in addition to costs associated with this Order of Fine hearing in the amount of $87.00. The Respondent will receive a copy of the full order.

3. 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, Order of Fine (Lori Crain)

This case has come into compliance

 

 

F. New Business

4. Case 21-8394 — 120 Hidden Oaks Dr., Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Clearing and Grading Standards/Sediment and Erosion Control; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

5.

  1. Case 22-8515 — 303 W Rose Lane, Clarence Few — Town of Lady Lake Code of Ordinances Section 7—46, Unlawful Storage Junk, Debris (inoperable vehicle and vehicle parts); Order of Enforcement (Lori Crain)

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

Staff recommendation is to find the respondent in violation of the Town of Lady Lake Code of Ordinances Section 7—46, Unlawful Storage of Junk, etc., Prohibited; impose $87 administrative fee; allow the respondent until May 10, 2022, to bring the property into compliance or a fine of $50 per day will begin to accrue on May 11, 2022, and continue to accrue until the property is brought into compliance.

The Special Magistrate stated for the record that no one is present to speak regarding this case.

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 May 10, 2022, to successfully bring the property into compliance or a fine of $50 per day will begin accruing May 11, 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.

6. Case 22-8562 – 107 Hidden Oaks Dr., Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Clearing and Grading Standards/Sediment and Erosion Control; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

7. Case 22-8563 – 1296 Lake Ella Rd, ROIB SFR, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Sediment and Erosion Control; Section 13-54, Requirements to Prevent, Control, Reduce Stormwater Pollutants by the Use of Best Management Practices; 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 repeat violation of Town of Lady Lake Land Development Regulations Section 13-7(f), Sediment/Erosion Control; Section 13-54, Requirements to Prevent, Control, Reduce Stormwater Pollutants by the Use of Best Management Practices; impose an $87 administrative fee; impose a fine of $250 per day of violation on March 16, 2022, and $3500 fine for daily accrual of the $500 per day fine from March 28, 2022 through April 4, 2022.

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

Maryann Krisovitch, NPDES Specialist with Surface Water Professionals, who has been under contract with the Town for approximately 19 years, stated that the Town operates under a Florida State permit, National Pollutant Discharge Eliminations System, that requires that the Town must prevent erosion, sedimentation, and other pollutants from entering the waterways. That is the purpose of inspecting properties. Ms. Krisovitch stated that areas that disturb one or more acres are also required to have a state permit and comply with a stormwater pollution prevention plan. Regarding this Respondent, Ms. Krisovitch stated that it is her understanding that the issue was remedied once it happened. She stated that the NPDES permit is to prevent these instances from occurring. She stated that sites that are one or more acres must have best management practices in place that are properly functioning. All sediment and waste is to be maintained on the construction site. Ms. Krisovitch stated that this development property is 93 acres. She added that this property has a greater challenge due to the large elevation change. She stressed that these prevention elements must be in place in advance to prevent the sediment from going into the waterways, as well as prevent draining onto the lower neighboring properties.

The Special Magistrate verified with Ms. Krisovitch that best management practices were not in place.

Ms. Krisovitch clarified further that they were not implemented to the maximum extent and those that were implemented were not properly maintained. DEP recommends with a site of this size, that once the grading of an area is complete, that sod is installed to help prevent the erosion of the property.

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; Respondent shall pay a fine of $250 for the repeat violation that occurred March 16, 2022; Respondent shall pay a fine of $3500 for second repeat violation that occurred March 28, 2022 through April 4, 2022. All fines and fees are to be paid by 5:00 p.m. Thursday, May 19, 2022. The Respondent will receive a copy of the full order.

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.

 

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.

8. Case 22-8564 — 104 Hidden Oaks Lane, Brije, LLC Ann St, James A. Bennett — Town of Lady Lake Land Development Regulations-Section 16-52 Building Permit Required; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

9. Case 22-8565 — 202 Shady Oaks Lane, Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Clearing and Grading Standards/Sediment and Erosion Control; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

10. Case 22-8566 — 207 Forest Park Lane, Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Clearing and Grading Standards/Sediment and Erosion Control; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

11. Case 22-8568 — 1102 Teal Lane, Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Clearing and Grading Standards/Sediment and Erosion Control; Repeat Offender Order of Enforcement (Lori Crain)

This case is continued to May 24, 2022, Special Magistrate hearing.

12. Case 22-8581 — 923 St. Andrews Blvd, Hazel L. Cubeta Estate — Town of Lady Lake Land Development Regulations Section 9-13(d)(1), Home Occupations Prohibited Motor Vehicle Repair, Section 14-10(a)(2), Connection with Water System Required; and Code of Ordinances Section 20-21(i and j), Unsafe Dwellings; 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 cited regulations and codes; impose an $87 administrative fee and allow the resident(s) until 8:00 AM Monday morning, May 2, 2022, to vacate the property as living quarters. Further order that Code Enforcement shall be allowed access to the property on or after May 2, 2022, to post unsafe notices on the structure. No one may reside at the property until valid water connection is established with The Villages Utilities.

Paul Cubeta, 923 St. Andrews Blvd. Lady Lake, was sworn in prior to testifying.

Mr. Cubeta stated that he is on a fixed income and will pay the water bill soon and requested more time. He stated that he will stop working on golf carts at this property.

The Special Magistrate asked Ms. Crain when the water issue is resolved, what else needs to be resolved.

Ms. Crain stated that she is requesting that the water be restored by May 2. If that does not happen, she is requesting that no one reside in the house until the water is restored.

Mr. Cubeta stated that May 2, 2022, is enough time to have the water bill paid.

The Special Magistrate stressed to Mr. Cubeta to resolve the matter as soon as possible or the conditions in the order will be implemented.

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 May 2, 2022, to vacate the property as living quarters. It is further ordered that Code Enforcement shall be allowed to access the property on or after May 2, 2022, to post unsafe notices on the structure. It is further ordered that no person may occupy, reside, or inhabit the property until such time as a required and valid water connection is established and confirmed with The Villages Utilities by Town of Lady Lake Code Enforcement. The Respondent will receive a copy of the full order.

13. Case L22002324 — James Kennedy and Danielle Croup, 212 Arlington Ave — Town of Lady Lake Code of Ordinances 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 Respondents 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.

The Special Magistrate stated for the record that no one is present to speak regarding this case.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22002324, he finds the Respondent is in violation of the Town of Lady Lake Code of Ordinances Section 4—36, Dog or Cat License or Vaccination. Impose a fine of $35 and administrative fee of $87. 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 the full order.

14. Case L22003121 — Brittany Johansen, 241 W McClendon St — 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).

Ms. Williams advised that the complainant, David Rawls, is present.

Staff’s recommendation is to find the Respondent in violation of the cited codes and impose full fines of $250 for repeat violation of Section 4-4, At Large Animal; $100 for repeat violation of Section 4-36, Dog or Cat License; total fines of $350.

David Rawls, 236 W McClendon St., testified that he submitted the photos of the dogs to Ms. Williams.

The Special Magistrate stated that with his interpretation of the Code, he cannot impose a $100 fine for the vaccination violation.

Ms. Williams explained that Case L22000376, included in the backup documents, was heard in February and the respondent was found in violation of Section 4—36, and a $35 fine was imposed. She advised that the Respondent has not complied with that Order, making this a second violation for this section of the Code. Today’s case is the second citation for Section 4—36, increasing the amount of the fine to $100.

The Special Magistrate stated that his interpretation of the cited code section is that a $250 fine shall be imposed for an uncontested violation of this chapter.

Ms. Williams clarified that there are two separate violations with separate fines that total $350.

The Special Magistrate stated that each violation will be read into the record separately.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22003121, he finds the Respondent is in repeat violation of the cited Code Section 4—4, At Large Animal and, as a repeat violation, imposed a fine of $250; And the Respondent is in repeat violation of Code Section 4—36, Dog or Cat License or Vaccination and, as a repeat violation, imposed a fine of $100; impose administrative fee of $87.

The Special Magistrate has considered the two separate violations thus arriving at the determination to impose the fines. All fines and fees to be paid within 14 days of the date this Order is entered. He stated that the Respondent will receive a copy this full order.

15. Case L22004271 — Brittany Johansen, 241 W McClendon St — 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 Respondent in violation of the cited codes and impose full fines of $250 for repeat violation of Section 4—4, At Large Animal; $100 for repeat violation of Section 4—36, Dog or Cat License; total fines of $350.

Ms. Williams stated the complainant, Sgt. Ostrom, with the Lady Lake Police Department could not attend today’s hearing due to scheduling. She stated that his signed affidavit is included with the backup documents for this case. She advised that Mr. Rawls also witnessed this incident.

The Special Magistrate stated for the record that he read the affidavit from Sgt. Ostrom that is included in the backup documents regarding this case.

The Special Magistrate stated for the record that he reviewed the prior cases relating to this Respondent that aided in his ruling.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22004271, he finds the Respondent is in repeat violation of the cited Code Section 4—4, At Large Animal, impose a fine of $250; and in repeat violation of Code section 4—36, Dog or Cat License or Vaccination and imposed a fine of $100; impose administrative fee of $87.

The Special Magistrate has considered the two separate violations thus arriving at the determination to impose the fines. All fines and fees to be paid within 14 days of the date this Order is entered. He stated that the Respondent will receive a copy this full order.

 

 

F. Adjourn

There being no further business, the meeting adjourned at 11:46 a.m.

s/ Joshua E. Bills, Special Magistrate

s/ Carol Osborne, Deputy Town Clerk