Special Magistrate Hearing Minutes

3. Case 22-8682 — 860 Avenida Central, Maniscalco Holding, LLC & CVS #5120 — Town of Lady Lake Code of Ordinances Section 7-47, Fire Hazards; Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance; Section 20-51(a)(5), (b), and (j), Commercial Maintenance of Exterior and Interior of Premises; and Section 20-54(a & b), Responsibilities of Owners; 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 this violation was reported via email by a Waste Management route manager. She stated that she conducted several site visits, documenting these with photographs showing that the property has continued to be noncompliant, and no communique has been received by the store manager or the property owner.

Staff’s recommendation is to find the Respondent in violation of the cited codes; impose an administrative fee of $87; allow the Respondent until August 30, 2022 to bring the Property into compliance or a fine of $200 per day will begin to accrue at that 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 Hearing Notice to Special Magistrate to Establish Repeat Offender.

The Special Magistrate verified with Ms. Crain that the pictures 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.

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 will be entered at the daily rate of $200 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. Further order that no more notices will be issued either verbal or written. Immediate future violation will result in Hearing Notice to Special Magistrate to Establish Repeat Offender. The Respondent will receive a copy of the full order.

4. Case 22-8688 — 207 Morningside Ave., Newtro Corp 401k Plan — Town of Lady Lake Land Development Regulations Section 16-52, Building Permit Required; Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance; Section 7-46, Storage of Junk, Etc., Prohibited; 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 she received a complaint by a citizen regarding junk and high grass on this property. Upon initial inspection, Ms. Crain stated that she observed the founded violations. Another complaint was received by the same citizen that interior remodeling and new windows were being installed at the property. Ms. Crain verified that no permit had been applied for or issued to date.

Violation notices were prepared and sent to the property owner. She noted that at today’s pre-hearing inspection she observed that the property had been mowed; no permits have been submitted.

Staff recommendation is to find the Respondent in violation of the cited codes; impose an $87 administrative fee and allow the Respondent until September 10, 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 Ms. Crain if she has had any contact with the property owner.

Ms. Crain replied that she has had no contact from the property owner.

The Special Magistrate verified with Ms. Crain that the Respondent has made some attempt to bring the property into compliance.

Ms. Crain replied affirmatively.

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 September 10, 2022, to bring the property into compliance to cure the violation(s) or a fine of $50 per day will begin to accrue on September 11, 2022, until the property comes into compliance. The Respondent will receive a copy of the full order.

5. Case 22-8731 — 241 W McClendon St., Brittany Johansen — Town of Lady Lake Code of Ordinances Section 20-19(e), General Structural Specifications, Electrical; and Section 20-21(a), Unsafe Dwellings; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office). She stated this was reported via email from Sgt. Reyes of the Lady Lake Police Department. He stated that there is no electricity at the property.

Staff recommendation is to find the Respondent in violation of the cited codes; impose an $87 administrative fee; and find the property unsafe to occupy due to lack of properly working and connected electricity. Further order that Code Enforcement may return to the property on or after the date the Order of Enforcement is signed, to post the property as unsafe to occupy. Property shall not be occupied until proof of an electric connection is provided to the Town of Lady Lake.

The Special Magistrate stated 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 Code Enforcement Officer shall be allowed on the property to post the “Unsafe to Occupy” notice and the property shall remain unoccupied and vacant until such time as properly working electrical connection to the house is reestablished and proof of connection is provided to the Code Enforcement Officer. The Respondent will receive a copy of the full order.