Special Magistrate Hearing Minutes
Minutes of the May 24, 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 April 26, 2022, Special Magistrate Hearing
The Special Magistrate accepted and signed the hearing minutes of April 26, 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 21-8405 cited section is incorrect on agenda; correct violation is Section 15-82(j)(1). She advised that it is correct on the violation notice to the respondent.
Case 22-8544 has come into compliance and will not be presented.
E. Old Business
2. Case 21-8388 — 317 Orange St., HMC Assets, LLC Solely in Its Capacity as Separate Trustee of CAM XI Trust — Town of Lady Lake land Development Regulations Section 16—52, Building Permit Required; and Code of Ordinances Section 7—67, Certain Conditions, Accumulations Deemed Public Nuisance; Request for Hearing on 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: revoke the order of Fine entered on 03/22/22, and allow the new property owner, HMC ASSETS, LLC, until August 31, 2022, to bring the property into compliance with the Order of Enforcement from January 25, 2022. Failure to bring the property into compliance with the Order of Enforcement shall result in the $200 daily fine to begin to accrue on September 1, 2022.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
Special Magistrate Joshua Bills revoked the Order of Enforcement for Case 21-8388, entered, and signed on January 25, 2022, based on the information provided through the evidence and testimony regarding this case.
Special Magistrate Joshua Bills revoked the Order of Fine for Case 21-8388, entered, and signed on March 22, 2022.
The Special Magistrate stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay $87.00 administrative fee. The Respondent has until August 31, 2022, to bring the property into compliance. Failure to bring the property into compliance by said date will result in a daily fine of $200 to begin accruing on September 1, 2022. The Respondent will receive a copy of the full order.
3. Case 22-8515— 303 W Rose Lane, Clarence Few — Town of Lady Lake Code of Ordinances Section 7—46, Storage of Junk, ETC., Prohibited: 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 April 26, 2022, enter an Order of Fine in this matter for the $87 administrative fee for the Order of Enforcement hearing, impose $87 administrative fee for this Order of Fine hearing; in addition to accrued fine of $250. All fees and fine to be recorded as a lien against the property.
The Special Magistrate clarified with Ms. Crain that Mr. Few understood that he needed to pay the accrued fine as well as the administrative fee.
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 22-8515 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 April 26, 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, and the total accrued fine to date of $250. All fees and fine will be recorded as a lien against the property. The Respondent will receive a copy of the full order.
4. Case 22-8561 — 755 N Hwy 27/441, Sam’s East, Inc., and Sam’s Club of Lady Lake — 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)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to enter an Order of Fine in this matter for failure to pay the administrative fee of $87 for the Oder of Enforcement hearing, and $87 for this Order of Fine hearing to be recorded as a lien against the Property if not paid by June 14, 2022.
The Special Magistrate asked if there was anyone in attendance who wished to speak regarding this case.
Special Magistrate Joshua Bills executed the Order of Fine for Case 22-8561 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, by not paying the $87 administrative fee. 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 total amount of $174 shall be paid by June 14, 2022, or the total amount of $174 will be recorded as a lien against the property. The Respondent will receive a copy of the full order.
F. New Business
5. Case 21-8405 —314 Stone Castle Loop, Maria Guadalupe Cruz De La Rosa — Town of Lady Lake Land Development Regulations Section 15-82(j)(1), Single Family Residence Driveway (Requirements); 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 15—82(j)(1), Driveway Apron Required; impose administrative fee of $87; Allow the Respondent until June 30, 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.
The Special Magistrate confirmed with Ms. Crain that the photos included in the backup documents were taken by her.
The Special Magistrate asked if there was anyone in attendance who wished to speak regarding this case.
John Weber, 3522 W. Griffin Dr., Fruitland Park, FL.
Mr. Weber stated that he works for Ms. Cruz and apologized that this matter has not been rectified prior to today. He stated that the contractor will be, again, applying for and submitting the permit application. He advised the first submittal was denied.
The Special magistrate asked Mr. Weber how much additional time is needed.
Mr. Weber asked for 30 days.
Ms. Crain clarified that this case will be closed once the permit is obtained. The Respondent then has six months to complete the project.
The Special Magistrate explained to Mr. Weber that the Order of Enforcement allows the Respondent until June 30, 2022, to obtain the permit. If the Respondent does not obtain the permit by then, the fines will begin to accrue.
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 June 30, 2022, to successfully bring the property into compliance or a fine of $50 per day will begin accruing July 1, 2022 and will continue to accrue at the daily rate thereafter for each day the violation continues to exist. The Respondent will receive a copy of the full order.
6. Case 22-8534 –618 Tracy Dr., Ronald O. Bell — Town of Lady Lake Land Development Regulations Section 16-54 (b)(2), Expired Building Permit; 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 Land Development Regulations Section 16-54(b)(2), Expired Building Permit; impose $87 administrative fee; allow the Respondent until June 30, 2022, to bring the property into compliance or a fine of $50 per day will begin to accrue at the daily rate until such time as 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 June 30, 2022, to successfully bring the property into compliance or a fine of $50 per day will begin accruing July 1, 2022 and will continue to accrue at the daily rate thereafter for each day the violation continues to exist. The Respondent will receive a copy of the full order.
7. Case 21-8544 —319 Orange St., Norma Padilla — Town of Lady Lake Code of Ordinances Section 7—46, Storage of Junk, etc., Prohibited: Order of Enforcement (Lori Crain)
This case has come into compliance.
8. Case L22005687 —Brittany Johansen, 241 W McClendon St — Town of Lady Lake Code of Ordinances Section 4—4, At Large Animal Repeat Violation; and Town of Lady Lake 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 Town of Lady Lake Code of Ordinances Section 4—4, At Large Animal, Repeat Violation, and impose full fines of $250. Also find the Respondent in violation Town of Lady Lake Code of Ordinances Section 4-36, Dog or Cat License or Vaccination, Repeat Violation, and impose full fine of $250.
The Special Magistrate stated for the record that one is present to speak regarding this case.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L22005687, 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 $250; impose administrative fee of $87. The Special Magistrate has considered the two separate violations, 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. The Respondent will receive a copy this full order.
F. Adjourn
There being no further business, the meeting adjourned at 11:15 a.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Deputy Town Clerk