Special Magistrate Hearing Minutes

Minutes of the June 21, 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; Jackie Schilling, Staff Assistant to Clerk’s office, 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 May 24, 2022, Special Magistrate Hearing

The Special Magistrate accepted and signed the hearing minutes of May 24, 2022, into the record as presented.

E. Old Business

2. Case 21-8298 — 207 Brevard Ave., William K. Maddox — Town of Lady Lake Ordinances Section 20-20(a)(1&5), Maintenance and Appearance Standards; 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 February 22, 2022; enter a fine in this matter for the unpaid $87 administrative fee for the Order of Enforcement hearing; an $87 administrative fee for this Order of Fine hearing, in addition to the daily accruing fine of $25. Total of fine accrued to date is $475. All fees and fine 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 21-8298 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 February 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; in addition to the daily accruing fine of $25 per day, and the total accrued fine to date of $475. All fees and fine will be recorded as a lien against the property. The Respondent will receive a copy of the full order.

3. Case 22-8504 — 710 Summit St., Sandra Curry — Town of Lady Lake Code of Ordinances Chapter 20, Community Preservation Section 20-15, Compliance with Minimum Standards; Section 20-17, Light; Ventilation; Section 20-18, Sanitation; Section 20-19, General Structural Specifications; Section 20-20, Maintenance and Appearance Standards; Section 20-21, Unsafe Dwellings, Hotels, or Rooming Houses; and Section 20-23, Responsibilities of Owners, Unsafe Structure; 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 February 22, 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 the daily accruing fine of $50. Total of fine accrued to date is $950.00. All fees and fine to be recorded as a lien against the property.

The Special Magistrate stated for the record that he listened to a few voice messages made by Ms. Curry to Ms. Crain. He stated that fragments of words can be heard on the voice message of June 5, 2022, and it is not clear what she was saying.

The Special Magistrate stated that it is his interpretation of the voice message from May 29, 2022, that Ms. Curry stated that she had brought “it” into compliance, then said that she was not going to let anyone in to inspect it.

The Special Magistrate verified with Ms. Crain that this is all the communication that she has received this month, and that Ms. Curry was served with notice of this hearing as it was in the Order of Enforcement dated February 22, 2022. The Special Magistrate verified with Ms. Crain on May 2, 2022; Ms. Curry stated in a voicemail she would be appealing the case. The Town has not received documentation to date.

Ms. Crain added that the Town has not received any contact from a plumber, electrician, or mechanical contractor. The Special Magistrate stated for the record that no one is present to speak regarding this case.

The Special Magistrate stated that at the beginning of this case, he tried to give Ms. Curry ample time to comply and to date, she has not come into compliance.

Special Magistrate Joshua Bills executed the Order of Fine for Case 22-8504 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 February 22, 2022. The Respondent shall pay $87.00 outstanding administrative fee for the Order of Enforcement hearing, in addition to $87 administrative fee associated with this Order of Fine hearing. Respondent shall pay $950 fine which is accrued amount to date of the $50 per day fine that commenced on June 2, 2022 for each day the property is not in compliance, and shall continue to accrue at that daily rate until the Property is brought into compliance. All fees and fine will be recorded as a lien against the property. The Respondent will receive a copy of the full order.

F. New Business

4. Case 22-8587 — 207 Morningside Ave., Newtro Corp 401k Plan — Town of Lady Lake Land Development Regulations Section 10-5(a)(1), Tree Removal 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 10-5(a),Tree Protection; Tree Removal Permit Required; impose administrative fee of $87; allow the Respondent until July 25, 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 until such time as the Property comes into compliance.

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

The Special Magistrate stated that the Respondent shall pay all costs associated with this matter in the amount of$87; the Respondent shall have until July 25, 2022, to bring the property into compliance to cure the cited violation(s) or an Order of Fine being entered at the daily rate of $50 to commence on July 26, 2022, and continue to accrue for each day thereafter that the Property is not in compliance and continue to accrue until such time as the Property comes into compliance. The Respondent will receive a copy of the full order.

5. Case 22-8614 — 217 Skyline Dr., Steven Simpkins Sole Proprietor 401k — Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulation Deemed Public Nuisance; Order of Enforcement to Establish Repeat Offender (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 7-67, Certain Conditions, Accumulation Deemed Public Nuisance; impose $87 administrative fee; order the Respondent and property as Repeat Offender and Repeat Violation.

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

Steve Simpkins stated that he did not receive the initial violation notices as they were sent to a previous address. He stated that he cannot maintain the property due to health reasons and that he has had difficulty hiring a dependable contractor to clean and maintain the property. He stated that the property has been mowed recently and is hoping the new contractor will continue to maintain this property.

The Special Magistrate asked Ms. Crain if orders were entered on the previous cases.

Ms. Crain advised that no prior orders are on file, and she did not have the documents of the previous cases in the packet for this case.

The Special Magistrate verified with Mr. Simpkins that he does not dispute the past code enforcement cases.

The Special Magistrate stressed to Mr. Simpkins the importance of keeping the property maintained.

The Special Magistrate stated that the Respondent shall pay all costs associated with the matter in the amount of $87; all fines and costs shall be paid by July 20, 2022, or an Order of Fine will be entered in this matter. The Respondent will receive a copy of the full order.

6. Case 22-8659 — 1102 Teal Lane, Brije, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Sediment/Erosion control; 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 recommendation is to find the Respondent in repeat violation and as a repeat offender of the Town of Lady Lake Land Development Regulations Section 13-7(f), Sediment/Erosion control; impose $87 administrative fee; order a fine of $10,500 to be paid by 4:00 PM, July 25, 2022, or a fine will be recorded as a lien against the property.

The Special Magistrate verified with Ms. Crain that the photos in the backup documents were taken by her, unless otherwise noted.

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

Mr. G. Michael Mahoney, Attorney, representing Brije, LLC verified with Ms. Crain that that the $10,500 fine is for the erosion that occurred because of the rainstorm of May 15.

Ms. Crain added that the fine had been accruing at $500 per day from that date.

Mr. Mahoney asked Ms. Crain if the erosion event that she referenced in her testimony is new seepage that is coming from the landscape wall, not the silt fence.

Ms. Crain clarified that the seepage is still coming through the landscape wall from the property. The silt fence has been covered by the wall.

Mr. Mahoney stated that there is no silt fence on the wall.

Ms. Crain advised that the silt fence was installed initially, and the landscape wall covers it.

Mr. Mahoney asked Ms. Crain if she notified Brije that the actual event was continuing other than to change the June 1st notice from a $500 fine to a $500 per day accruing fine. He stated that this change was not indicated in his conversations with her and that he was not advised that the $500 per day was accruing.

Ms. Crain stated that when she showed the photographs to her director of the ongoing erosion, he stated that because the area was not completely cleaned up initially, the daily fine should continue to accrue. She advised that another erosion then occurred. She stated that she explained this to Micah verbally.

Mr. Mahoney asked if this was conveyed in writing.

Ms. Crain stated that it was not in writing.

Mr. Mahoney stated to the Special Magistrate that it was his understanding that they were dealing with a one-time event with the rainstorm that happened on May 15th, the clean up on May 16th and the imposition of a $500 fine. He stated that he expressed to Ms. Crain that this was an act of God that was remedied the next day. He stated that her response was that this matter was being presented to the Special Magistrate. He stated that it was not conveyed to him that this has been a continuing event that has now accrued to $10,500 fine. Also, there is now a new case regarding the compromised retaining wall that is not a part of this hearing. He implied that a continuance may be necessary because they are dealing with different issues than what they were prepared to address at this hearing.

He stated that in his letter to Ms. Crain dated June 17, he was very clear as to what he considered to be the issue, and that Ms. Crain’s response was not detailed. Her response was that the Special Magistrate will deal with this. He stated that she did not indicate that this was an ongoing issue.

Mr. Mahoney stated that there are three different violation notices from different dates with different daily fines, and without explanation. Also, he stated that he does not believe that the posted notices state anything further.

The Special Magistrate clarified with Mr. Mahoney that he is requesting a continuance as well as he has completed his testimony.

Mr. Mahoney stated that if this matter will be continued, he has nothing further to add to his testimony. If the Special Magistrate does not want to continue, then he will continue as best he can.

Ms. Crain stated that Statute 162 regarding Code Enforcement states that for a repeat violation, the Town is not required to notify the Respondent. The Respondent receives a hearing notice and a repeat violation notice.

The Special Magistrate stated there was an Order of Fine dated May 18 for a repeat violation.

Ms. Crain clarified that there was a previous repeat violation on March 17 that was settled before the Special Magistrate hearing took place in May.

The Special Magistrate asked for clarification regarding the timeline from May 18 and June 1 that warranted (he did not complete his query).

Ms. Crain advised that the previous erosion sediment had not been completely cleaned up and subsequent erosion occurred from the property. Her director, Thad Carroll, advised that until the property is in complete compliance, the fine will continue to accrue. The Town’s Senior Town Planner, Wendy Then, who is also a Certified Storm Water Inspector and is present to provide key witness information, concurred with the director, Thad Carroll.

The Special Magistrate stated that this case will be continued at the July 26 Special Magistrate hearing. He stated that no more notices will be sent on this issue.

Ms. Crain requested that Brije supply her with a contact person for their storm water inspector. She advised that each construction company is required to have a certified storm water inspector on their staff.

Mr. Mahoney advised that he will provide that contact information.

Ms. Crain stated that she would like that information today.

The Special Magistrate stated that this case is continued to the July 26, 2022, Special Magistrate hearing.

7. Case 22-8660 — 1296 Lake Ella Rd, ROIB SFR Lake Ella, LLC — Town of Lady Lake Land Development Regulations Section 13-7(f), Sediment/Erosion Control; Section 13-54, Requirement to Prevent, Control and 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 recommendation is to find the Respondent in repeat violation of cited violations; impose $87 administrative fee; impose a fine of $18,000 which is the total to date of the accrued fine of $500 per day from May 16, 2022. Fine to be recorded as a lien if not paid in full by July 20, 2022.

Ms. Crain advised that she is willing to reduce the accrued fine.

The Special Magistrate clarified with Ms. Crain that emails in the backup documents from Mr. Courtney reflect that he is directing other people to correct the problems.

Ms. Crain explained who each person is and their role in the project.

The Special Magistrate acknowledged that based on the extensive photographs presented this is causing issues everywhere, i.e., roads, neighboring properties.

Ms. Crain confirmed this and clarified that the Respondent is still not in compliance with everything, yet she ceased the daily fine from accruing effective today.

The Special Magistrate verified with Ms. Crain that the Respondent was notified of 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 the Respondent shall pay all costs associated with this matter in the amount of $87; the Respondent shall pay a fine in the amount of $18,000 which is the total accrued to date of the daily fine of $500 from May 16, 2022, for repeat violation of the Order of Enforcement of Code Enforcement Case 21-8195, as entered on September 8, 2021. All fines and fees shall be paid by Wednesday, July 20, 2022 or an Order of Fine will be recommended and presented at the August 23, 2022 Special Magistrate hearing. The Respondent will receive a copy of the full order.

F. Adjourn

There being no further business, the meeting adjourned at 12:03 p.m.

s/ Joshua E. Bills, Special Magistrate

s/ Carol Osborne, Deputy Town Clerk