Special Magistrate Hearing Minutes

Minutes of the September 27, 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; 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.

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.

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.

D. Approval of Minutes

1. Minutes of August 23, 2022, Special Magistrate Hearing

The Special Magistrate accepted and signed the hearing minutes of August 23, 2022, into the record as presented.

Code Enforcement Officer Lori Crain advised that Case 22-8557 and Case 22-8647 have come into compliance and will not be presented.

E. Old Business

2. Case 22-8388 — 317 Orange St., Cam Real Estate XIA, LLC — Town of lady Lake Land Development Regulations Section 16-52, Building Permit Required; Order of Fine (Lori Crain)

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

Ms. Crain testified that this property was initially presented to the Special Magistrate on January 25, 2022; Order of Enforcement was entered. At the March 25, 2022, Order of Fine hearing, a representative for the new property owner was present and agreed to a reduced fine. Since that time, the property has another new owner and both parties have agreed to a reduced fine and a new compliance date.

Staff’s recommendation is to enter an Order of Fine in the amount of $1,000, reduced from $5,200 total accrued to date; suspend the $200 daily fine from accruing, and allow the Respondent an extension until January 10, 2023, to obtain compliance. Further order that failure to bring the property into compliance by January 10, 2023, shall result in the $200 daily fine to resume accruing on January 11, 2023, until the property is brought into complete compliance. The $87 hearing fee is also ordered to be paid.

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

Joanna Mitchell on behalf of the Howard Law Group stated that it is her understanding that an agreement has been reached and requested that the Order of Fine be granted.

The Special Magistrate verified with Ms. Mitchell that her request is what is recommended by the Town.

Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8388 based on the information provided through the evidence and testimony regarding this case. The Respondent shall pay administrative fee of $87. The Respondent shall pay a reduced fine of $1,000.00 from the total accrued fine to date of $5,200.00. The daily fine of $200 is hereby suspended to allow the Respondent an extension until January 10, 2023, to obtain compliance. Failure to bring the property into compliance by January 10, 2023, shall result in the $200 daily fine to resume accruing on January 11, 2023 and continue to accrue until such time as the property is brought into compliance with the Town’s codes. The Respondent will receive a copy of the full order.

3. 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)(l), Single Family Driveway Apron (required); Order of Fine (Lori Crain)

This case has come into compliance.

4. Case 22-8604 — 221 Skyline Dr., Hien Kim Nguyen — Town of Lady Lake Land Development Regulations Section 16-52, Building Permit Required; Order of Fine (Lori Crain)

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

Ms. Crain testified that the Respondent has not complied with the Order of Enforcement dated July 26, 2022, by the contractor failing to submit the required General Liability and Certificate of Insurance certificates by the August 30, 2022, comply date.

Staff’s recommendation is to find the Respondent in violation of the Order of Enforcement dated July 26, 2022, by failing to comply by 08-30-2022; enter an Order of Fine in this matter in the amount of $350, reduced from the total accrued amount of $700, and pay the $87 administrative fee.

The Special Magistrate asked Ms. Crain to clarify “…the after-the-fact window permit application is in plan check…”

Ms. Crain responded that when a permit application is submitted, it is reviewed by the building official and the fire official. Also, also the contractor of record must submit the required paperwork for the project, which is reviewed by our building department staff.

Hien Kim Nguyen, 221 Skyline Dr., testified that that she has worked with Ms. Crain to cure this violation.

The Special Magistrate verified with Ms. Nguyen that she agrees with the recommendation of the reduced fine.

Special Magistrate Joshua Bills executed the Order of Fine for Case 22-8604 based on the information provided through the evidence and testimony regarding this case. The Respondent shall pay administrative fee of $87. The Respondent shall pay a reduced fine of $350 from the total accrued fine to date of $700. The Respondent will receive a copy of the full order.

5. 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); Order of Fine (Lori Crain)

This case has come into compliance.

6. Case 22-8682 — 860 Avenida Central, Maniscalco Holding, LLC — 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), Maintenance of Exterior Premises and 20-54 (a and b), Responsibilities of Owners; 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 August 23, 2022; enter an Order of Fine in the amount of $2200, the total amount accrued daily fine of $200 for eleven days, in addition to the unpaid administrative fee of $87 to become a lien against the property. Staff also requests that the $87 administrative fee for this Order of Fine hearing be waived per the effort and evidence of Respondents’ intention to pay prior to the hearing.

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 22-8682 based on the information provided through the evidence and testimony regarding this case. The Respondent shall pay administrative fee of $87. The Respondent shall pay fine in the amount of $2200, which is the total of accrued daily fine of $200 that accrued from August 31, 2022, to September 11, 2022, at which time the property was brought into compliance with the Town’s codes. The Respondent will receive a copy of the full order.

7. Case 22-8688 — 207 Morningside Ave., Newtro Corp 401K Plan — Town of lady Lake Land Development Regulations Section 7-46, Storage of Junk, etc., Prohibited; and Section 7-67 Certain Conditions, Accumulations Deemed Public Nuisance.

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 Order of Enforcement dated August 23, 2022, and enter an Order of Fine in this matter in the amount of $800, which is the total of $50 daily fine to date and will continue to accrue; in addition to $174 for the unpaid $87 administrative fee and $87 administrative fee for this Order of Fine hearing, to become 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 22-8682 based on the information provided through the evidence and testimony regarding this case. The Respondent shall pay a fine in the amount of $50 per day commencing on September 11, 2022, until such time as the property is brought into compliance with the Town’s codes. The current total fine at the date of this Order is $800. The Respondent shall pay all costs associated with this matter in the amount of $87, along with the unpaid administrative fee of $87 from the Order of Enforcement hearing. The Respondent will receive a copy of the full order.

8. Case 22-8731 — 241 W. McClendon St., Brittany Johansen — Town of lady Lake Code of Ordinances Section 20-19(e), Electrical Maintenance; and Section 20-21(a), Unsafe Dwellings.

Staff recommendation is to find the Respondent in violation of the Order of Enforcement dated August 23, 2022, and enter an Order of Fine in this matter for the unpaid $87 administrative fee and the $87 administrative fee for this Order of Fine hearing, for a total of $174, to become 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 22-8731 based on the information provided through the evidence and testimony regarding this case. He ordered that the Respondent shall pay all costs associated with this matter in the amount of $87, It is further ordered that 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 Code Enforcement. A lien against the property exists along with a daily accruing fine. The Respondent will receive a copy of the full order.

The Special Magistrate called for a brief recess at 12:03 p.m.

The meeting reconvened at 12:10 p.m.

F. New Business

9. Case 22-8484 — Green Key Village, LLC & Green Key Village Owners Association, Inc. — Town of Lady Lake land Development Regulations Section 13-7(a, c & f); Sediment/Erosion Control; Section 13-52, Discharge Prohibitions; Section 13-54, Requirement to Prevent, Control & Reduce Stormwater Pollutants by use of Best Management Practices; and Section 13-56 (requiring); Enforcement; Order of Enforcement to Establish Repeat Violator/Violation; (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 cited codes; impose administrative fee of $87; Establish properties and owners as Repeat Offenders. Any subsequent violation will result in Hearing Notice to Special Magistrate to recommend fines be assessed.

Ms. Crain advised that the Town’s stormwater expert, Maryann Krisovitch, is present, has viewed the property, reviewed the case and is able to offer testimony.

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

Ms. Crain replied affirmatively. She added that some photos were emailed to her by residents, and they are documented as such.

Gregg Thomas, Green Key Village, stated that these are construction sites, and he is using different materials to move the sediment where it needs to go. He stated that the sand is cleaned from the road. He explained that there is 30 feet of slope and many of these properties are bare ground because the sod has not been installed. Therefore, when it rains, there will be erosion even though there are some areas that have three layers of silt fence.

Mr. Thomas stated that when he purchased this property ten years ago, the road in front of the lift station was six feet deep due to erosion. He stated that when an erosion occurs, he addresses it, and that he does not let these instances go unaddressed. He stated that he has spent thousands of dollars to clean the retention pond and the roads of sediment.

He stated that Ms. Crain advised him to install a silt fence around the property. He stated that because he has several homes at different stages of construction, a silt fence around the property is not practical. He explained that a dumpster needs to be on the property, construction vehicles delivering materials need access to the property, and there are employees continually coming onto the property. He stated the silt fence is installed where he feels is strategic, where he can catch as much water as possible. There are times when too much water overpowers the silt fence. He stated that the retention pond was over-dug in anticipation of it collecting more dirt.

Mr. Thomas stated that Ms. Crain did not present photos of the erosion that was caused by the drain blocks in front of the lift station. He stated that because of the drain blocks, the water buildup flowed through the lift station and eroded the sides and the back. He stated that it is not his responsibility to fix that and asked who will.

He reiterated that he does his best to prevent erosion, yet he cannot prevent it all. He noted that last big rainfall produced between three and six inches of rain, and that overpowered the silt fences in two locations. He stated he cannot control acts of God and is requesting help from the expert witness to come out to the site and give him advice.

Maryann Krisovitch, Surface Water Professionals, stated that she has been the Town’s NPDES consultant since 2002. She stated that she toured the site with Ms. Crain and noted issues where the sediment fences were not properly installed. She stated that there were areas where water was allowed to come off the site through a pipe directly onto the sidewalk. She explained that NPDES requires that sediment must remain on site. She noted that this is an active living community; therefore, each of these lots is its own construction site.

Ms. Krisovitch explained that improper installation of a best management practice (BMP) is a major cause of sediment and water overtaking a BMP. If a BMP is continually failing, it is not a best management practice. It is not satisfactory to say that a silt fence is installed. If it is not capturing and holding sediment on the site, if it is frequently being overrun or not properly installed, it is not considered by the Florida Department of Environmental Protection to be the best management practice. Often with elevation changes, several BMP are required to comply. In the case of impending storms, there are early warning system to prepare sites. The goal is to keep sediment onsite. She stressed that DEP is aware that some things do fail; the key is how quickly the site is remedied following the event. DEP requires inspections prior to and within 24 hours of an excessive rain event.

Ms. Krisovitch presented the Special Magistrate pictures of the failing best management practice items on the properties in question. The Special Magistrate asked Mr. Thomas to view them as well. Referring to the photos, Ms. Krisovitch explained to Mr. Thomas how to improve the sites to catch excessive water.

The Special Magistrate clarified for the record that it is the State of Florida that imposes these requirements.

Ms. Krisovitch added that the Town is the enforcer of those requirements.

Ms. Crain clarified that she did not advise Mr. Thomas to install silt fence completely around the lot. She stated that she told Mr. Thomas that gravel is to be installed at the entrance of the lot to allow vehicles to enter and exit the lots, and silt fence is installed along the sides of the driveway. Also, she stated that Mr. Thomas claimed the drain blocks caused erosion because the drain socks were in the drain. She clarified that if they are maintained correctly by removing sediment from the area, it would not have caused the erosion.

Mr. Thomas stated that the drain blocks do what they are meant to do — block the drain. He stated that they are full of rocks and are designed to be held in place by gravity. He stated that Ms. Crain insisted that he have them and the water eroded up and over, and out through the back of the lift station. He stressed that Ms. Crain told him that she wanted the silt fence around the lot.

Mr. Thomas stated that he does not know what the best management practice is until there is a fault. He stressed the water will not go through the silt fence, yet it will go up and over, or under the fence. He stated that he has consulted with two engineers regarding this issue and was advised that this cannot be prevented. All that can be done is try to slow down the erosion.

The Special Magistrate stated that he understands.

The Special Magistrate verified with Ms. Crain that no fine associated with this case.

Ms. Crain stated that this is to establish the Respondent as a repeat offender.

The Special Magistrate explained to Mr. Thomas that these requirements are set by the State of Florida and that the Town must enforce them to comply with their permit. He stressed that he is sympathetic with what Mr. Thomas deals with.

The Special Magistrate ordered that the Respondent shall pay all costs associated with this matter in the amount of $87 to be paid by 5:00 p.m. Monday, October 10, 2022. If fee is not paid by date ordered, the Order of Fine will be recommended and presented by Code Enforcement Officer at the October 25, 2022, Special Magistrate Hearing. It is further ordered that any future violations 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 22-8671 — 109 W. Guava St/130 W. Hermosa St., Bharat Khirbat — Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance; Order of Fine; (Lori Crain)

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

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

Staff recommendation is to find the Respondent in violation of the cited codes; impose $87 administrative fee and establish the Respondent as a Repeat Offender and Repeat Violation status.

The Special Magistrate ordered that the Respondent shall pay all costs associated with the matter in the amount of $87; If not paid by dated ordered, the Order of Fine will be recommended and presented by the Code Enforcement Officer at the October 25, 2022 Special Magistrate hearing. It is further ordered that any future violations of Section 7-67 of the Code of Ordinances will be cited as repeat violations and the property owner as a repeat offender. The Respondent will receive a copy of the full order.

11. Case 22-8766 — 102 Third St., David W. Griffith — Town of Lady Lake Code of Ordinances Sections 20-19(e), Property Maintenances, Electrical; Section 20-20(a)(5), Maintenance and appearance Standards; 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 property was brought to her attention by a citizen while she was in the area, who advised her that the property is vacant and that the front door is continually being opened. She testified that she contacted the property management, confirmed with Duke Energy that there is no electric service to the property, and confirmed with the Town utility department that there is no current water connection. She was advised by the Town’s utilities staff that there is a recorded utility lien against the property.

Staff recommendation is to find the Respondent in violation of the cited codes; impose $87 administrative fee; and find the property unsafe to occupy due to lack of properly working and connected electricity and water. 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 resided in until proof of electric connection and water is provided to the Town of Lady Lake. Property must be secured and boarded up according to the Code by October 17, 2022, or a fine of $50 per day will begin to accrue until 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 ordered that the Respondent shall pay all costs associated with the matter in the amount of $87. Further order that the Code Enforcement Officer shall be allowed on the property to post the “Unsafe to Occupy” notice. The property shall remain unoccupied and vacant until such time as properly working electrical connection and water utilities 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. 

12. Case 22-8773 — 1296 Lake Ella Rd., ROIB SF lake Ella, LLC — Town of Lady Lake Land Development Regulations Sections 13-7(f), Sediment/Erosion Control; Section 13-54, Requirement to Prevent, Control & Reduce Stormwater Pollutants by use of BMPs; and Section 13-56 (requiring) Enforcement; Order of Enforcement on Repeat Violation and Fine (Lori Crain)

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

Ms. Crain testified that she has discussed with Town of Lady Lake Senior Planner, Wendy Then, and Public Works Director, C.T. Eagle.

Staff recommendation is to find the Respondent in repeat violation of the cited codes; impose $87 administrative fee; and impose a fine of $14,500 which is the total to date of the accrued fine of $500 per day from August 29, 2022. The fine will continue to accrue at the daily rate until such time as the property comes into complete compliance. Fine to become a lien against the property.

Andres, who lives in the Hidden Oaks Subdivision, testified that to date there have been six instances of failure that has damaged HOA property and his property. He stated with the incident that occurred July 9, 2021, mass amounts of soil were deposited from ROI Lake Ella Estates onto the HOA property, onto his property and into Lake Ella.

He stated that another incident occurred September 22, 2021; a stop work order was issued on that date. On March 15, 2022, May 15, 2022, May 20, 2022, August 28, 2022, there were catastrophic failure of the retaining wall at the end of Holston Road, into and onto the end of Hidden Oaks Drive and on HOA property and onto his property.

He stated that that he does not feel anyone is addressing the problem. He stated that he does not understand how these issues are permitted to continue. With the impending hurricane, he stated that he is fearful that this will fail again and put his life or his property at risk.

Andres stated the latest solution from the Lake Ella Estates official is basically the same as it was for the most recent failure on August 28, which is to put a small swale on the boundary between the HOA property of Hidden Oaks and Lake Ella Estates. Andres stressed that this is going to fail, and it will cause property damage. He stated that he believes this project is a flawed designed and Lake Ella Estates and the Town of Lady Lake are pointing the finger at each other, and they are not resolving the issue. He stated water is being pushed everywhere except to the retention pond.

Andres presented copies of pictures and documents he referred to during his testimony to the Special Magistrate for the record.

The Special Magistrate stated for the record that what is before him is an Order of Enforcement related to the failure of the erosion control system. He advised that he does not have control over the plans. He thanked Andres for his testimony as it helped to understand the impacts of this failure on the surrounding properties.

The Special Magistrate stated that a representative from the other party is not present.

The Special Magistrate ordered that the Respondent shall pay all costs associated with the matter in the amount of $87. The daily fine of $500 shall continue to accrue from August 29, 2022, at the daily rate until such time as property is in compliance for repeat violation of the Order of Enforcement Case 21-8195, as entered on September 28, 2021. Failure to bring the property into compliance by October 10, 2022, shall result in an Order of Fine being entered at the rate of $500 per day. The Respondent shall receive a copy of the full order.

G. OTHER BUSINESS

The Special Magistrate hearing scheduled for November 22, 2022, is cancelled. The December Special Magistrate hearing is rescheduled to Thursday, December 15, 2022 @ 10:30 a.m.

Ms. Crain informed the Special Magistrate that the commission approved an increase in code enforcement administration fees.

H. Adjourn

There being no further business, the meeting adjourned at 12:37 p.m.

s/ Joshua E. Bills, Special Magistrate

s/ Carol Osborne, Deputy Town Clerk