Special Magistrate Hearing Minutes
Minutes of the July 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; 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.
Explanation of Procedure
Special Magistrate Joshua Bills stated for the record that no one is in attendance relating to any of the cases on the agenda and dispensed with explanation of procedure.
C. Swearing In
Code Enforcement Officer Lori Crain was sworn in by the Deputy Town Clerk.
D. Approval of Minutes
1. Minutes of the June 21, 2022, Special Magistrate Hearing
The Special Magistrate accepted and signed the hearing minutes of June 21, 2022, into the record as presented.
Code Enforcement Officer Lori Crain advised the following cases have come into compliance and will not be presented: Case 21-8405; Case 22-8659; Case 22-8630; Case 22-8631; Case 22-8638; Case 22-8646.
She advised that Case 22-8587 will be presented at the August 23, 2022 Special Magistrate Hearing.
E. Old Business
2. Case 21-8405 — 314 Stone Castle Loop, Maria Cruz De La Rosa — Town of Lady Lake Land Development Regulations Section 15-82(j)(1), Driveway Apron (required); Order of Fine (Lori Crain)
This case has come into compliance.
3. Case 22-8534 — 618 Tracy Dr., Ronald O. Bell — Town of Lady Lake Code of Land Development Regulations, Section 10-5(a)(1), Tree Removal Permit Required; 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 May 24, 2022 by not paying the $87 administrative fee; 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, for a total due $174, to be paid in full to the Town of Lady Lake by 5:00 pm August 16, 2022, or the fines will be recorded as a lien against the property.
Special Magistrate Joshua Bills executed the Order of Fine for Case 22-8534 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 May 24, 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. All fees to be paid by 5:00 pm, August 17, 2022, or the fines will be recorded as a lien against the property. The Respondent will receive a copy of the full order.
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 Fine (Lori Crain)
The case will be presented at the August 23, 2022, Special Magistrate hearing.
5. Case 22-8614 — 217 Skyline Dr., Steven Simpkins Sole Proprietor 401K — Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance. Amend 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’s recommendation is to amend the Order of Enforcement Repeat Offender, signed on June 21, 2022, to Order of Enforcement to Establish Repeat Offender, and include the verbiage, “Further order that any future violations of Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance will be cited as Repeat Violations and the property Owner as a Repeat Offender”.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
Special Magistrate Joshua Bills amended the Order of Enforcement dated June 21, 2022, to include the following verbiage, “Further order that any future violations of Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance will be cited as repeat violations and the property owner as a repeat offender”.
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, Continued from June 21, 2022, Special Magistrate Hearing (Lori Crain)
This case has come into compliance.
F. New Business
7. Case 22-8557 — 924 April Hills Blvd., Marisela Mendez — Town of Lady Lake Land Development Regulations Section 16-54(b)(2), Expired Building Permit, and Section 15-82(j)(1), Single Family Driveway Apron (required); Order of Enforcement (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Crain testified that her initial site visit was due to a citizen complaint regarding sewage spilling out in the front yard. While there she saw damage to the right-of-way and the yard; evidence of the right-of-way being used as a second driveway to access the yard. She stated that she has observed commercial trailers and building materials on the property. She stated that when she opened this code enforcement case, she located an expired re-roof permit from 2017. No inspections were noted. Ms. Crain contacted Lake County Health Department regarding the sewage issue.
Ms. Crain stated that she has had several communiques with the property owner advising her of what she needs to do to cure the violations.
Staff’s 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, and Section 15-82(j)(1), Single Family Residential Driveway Apron; impose administrative fee of $87; allow the Respondent until August 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 comes into compliance.
The Special Magistrate asked if the sewer issue has been resolved.
Ms. Crain replied that as of this morning, she has not received an update from the Lake County Health Department.
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 August 30, 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 August 31, 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.
8. Case 22-8604 — 221 Skyline Dr., Hien Kim Nguyen — Town of Lady Lake Code of Ordinances Section 16-52, Building Permit Required; Order of Enforcement; (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
She testified that to date, the permit to set the mobile home is the only permit on file. She stated that she has spoken to the property owner several time of the remaining permits that are required, and that they are not permitted to reside at the site in any capacity until they have complied with Town codes.
Staff recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 16-52, Building Permit Required; impose $87 administrative fee and allow the Respondent until August 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 comes into compliance.
The Special Magistrate verified with Ms. Crain that the respondent needs only to obtain the necessary permits to cure the violation.
The Special Magistrate stated that the Respondent shall pay all costs associated with the matter in the amount of $87; The Respondent shall have until August 30, 2022, to bring the property into compliance to cure the violation(s) or a fine of $50 per day begin to accrue August 31, 2022, until the property comes into compliance. The Respondent will receive a copy of the full order.
9. Case 22-8619 — 312 S Hwy 27/441, Lady Lake Dollar, LLC — Town of Lady Lake Code of Ordinances Section 20-51(b), Maintenance of Exterior and Interior of Premises (Commercial 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 recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 20-51(b), Commercial Exterior Maintenance; impose $87 administrative fee and allow the Respondent until August 8, 2022, to bring the property into compliance or a fine of $100 per day will begin to accrue at the daily rate until such time as the Property comes into compliance. Further order that no more notices will be issued either verbal or written. Immediate future violation will result in a Hearing Notice to Special Magistrate to Establish Repeat Offender. Staff is request Special Magistrate to fund sufficient evidence to order and establish the Respondent as a Repeat Offender.
Ms. Crain testified that this is an ongoing issue with this property; code enforcement cases for similar violations have been opened from 2013 to today.
The Special Magistrate stated for the record that he has reviewed the backup documents presented today of previous violations and finds the offender as a repeat offender.
The Special Magistrate stated that the Respondent shall pay all costs associated with the matter in the amount of $87; the Respondent has until August 8, 2022, to bring the property into compliance to cure the violation(s) or an Order of Fine will be entered at the rate of $100 per day to commence August 9, 2022. It is further ordered that any future violations of Section 20-51(b) will be cited as repeat violations and the property owner as a repeat offender. The Respondent will receive a copy of the full order.
10. Case 22-8630 — 1070 Bichara Blvd., City Furniture — Town of Lady Lake Code of Ordinances Section 8, Licenses and Business Regulations, Article II, Business Tax Receipt (delinquent); Order of Enforcement (Lori Crain)
This case has come into compliance.
11. Case 22-8631 — 525 St. Andrews Blvd., Todd Conroy, Business Owner of Conroy’s Handyman House Service — Town of Lady Lake Code of Ordinances Section 8, Licenses and Business Regulations, Article II, Business Tax Receipt (delinquent); (Lori Crain)
This case has come into compliance.
12. Case 22-8638 — 580 N Hwy 27/441, Kyle Voege, Business Owner of Papa John’s Pizza — Town of Lady Lake Code of Ordinances Section 8, Licenses and Business Regulations, Article II, Business Tax Receipt (delinquent); (Lori Crain)
This case has come into compliance.
13. Case 22-8646 — 102 S Hwy 27/441, Take 5 Oil Change — Town of Lady Lake Code of Ordinances Section 8, Licenses and Business Regulations, Article II, Business Tax Receipt (delinquent); (Lori Crain)
This case has come into compliance.
14. Case 22-8647 — 930 Bichara Blvd., Villages Florist — Town of Lady Lake Code of Ordinances Section 8, Licenses and Business Regulations, Article II, Business Tax Receipt (delinquent); (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 Business in violation of the Town of Lady Lake Code of Ordinances Chapter 8, Licenses and Business Regulations, Article II, Business Tax Receipt, Section 8-26, License Required to Engage in Business, Profession or Occupation; impose $87 Code Enforcement administrative fee; and afford the business owner or their agent until August 15, 2022 to pay the delinquent Business Tax Receipt amount of $53.16, or a $250 penalty will be assessed on August 16, 2022, per Town of lady lake Code of Ordinances Section 8-33.
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 the matter in the amount of $87. The Respondent shall have until August 15, 2022, to comply or an Order of Fine of $250.00 will be entered on August 16, 2022. The Respondent will receive a copy of the full order.
F. Adjourn
There being no further business, the meeting adjourned at 11:17 p.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Deputy Town Clerk