Minutes of the January 24, 2023, 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, Code Enforcement Assistant, and Carol Osborne, Deputy Town Clerk
Call To Order
Joshua Bills, Special Magistrate, called the meeting to order at 10:30 a.m.
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.
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.
A. Approval of Minutes
1. Minutes of December 15, 2022 Special Magistrate Hearing
The Special Magistrate accepted and signed the hearing minutes of December 15, 2022, into the record as presented.
Code Enforcement Officer Lori Crain advised that Case 21-8388 has come into compliance and will not be presented; Case 22-9257, Case 22-9361, Case 22-9363, Case 22-9376 are to be established as repeat offenders; Case 18-6725 and Case 20-7430 will be presented together.
B. Old Business
2. Case 18-6725 — 205 Brevard Ave., Donna Williams & Harold Canterbury — Town of Lady Lake Land Development Regulations Section 16-52(a), Building Permit Required. Request for Reduction of Lien; (Lori Crain)
Ms. Crain advised that Items 2 and 3 are presented together.
3. Case 20-7430 — 205 Brevard Ave., Donna Williams & Harold Canterbury — Town of Lady Lake Code of Ordinances Section 7-67, Trash, Weeds, Vegetation; Section 20-20(a)(1), Exterior Surfaces Maintained Adequately; Request for Reduction of Lien (Lori Crain)
Ms. Crain presented the background summaries for these agenda items (on file in the Clerk’s Office).
Ms. Crain stated that the property was sold twice. She stated that on January 3, 2023 while in the area, she observed that the property was completely cleared of the mobile home and debris. She ceased the fine from accruing effective January 2, 2023.
Staff recommendation is to forgive the total amount of accrued liens, fines and fees of $415,832.00, at the request of the new property owners, Charles Langill and Joanne Venn. The basis for this recommendation is the communication from Mr. Langill with Code Enforcement on intent and future plans for the property; the substantial financial amount Mr. Langill has invested in the clean-up of the property; and the result and compliance of the clean-up and corrections of the violations. Assess an administrative fee of $150 for costs involved with the preparing of the cases for Special Magistrate hearing and required and forthcoming Town Commission meeting.
The Special Magistrate asked if there was anyone present who wished to speak regarding this case.
Chuck Langill, Toronto, Canada, stated that he and his wife recently retired and purchased 205 Brevard to build a new home. He stated that they visited property in November and did not realize the extent of debris on the property. He stated that they hired a contractor to clear the property and worked with Code Enforcement to ensure the property was in compliance. Mr. Langill presented the Special Magistrate with current photographs of the property and a receipt from the contractor who cleaned the property and removed the structure. He stated that he also has a video; the Special Magistrate declined to view it.
Special Magistrate Joshua Bills stated that based on the evidence presented, including testimony and photographs, he approves waiving the accrued fines and fees. This lien reduction request will be presented to the Town Commission at an upcoming Commission meeting. A copy of the full order will be mailed to The Respondent.
4. Case 21-8388 — 317 Orange St., CAM Real Estate XIA, LLC — Town of Lady Lake Land Development Regulations Section 16-52(a), Permit Required; Order of Fine (Lori Crain)
This case has come into compliance.
C. New Business
5. Case 22-8697 — 230 Lake Griffin Rd., Virgil a. Smith, Estate — Town of Lady Lake Code of Ordinances Section 7-46, Storage of Junk, etc., Prohibited; Sections 20-18(e) and 20-18(f), Minimum Standards Sanitation; Town of Lady Lake Land Development Regulations Section 16-5(a), 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).
Ms. Crain testified that she has seen some progress toward compliance. She has not been granted access to the backyard for inspection.
Staff recommendation is to find the Respondent in violation of cited codes; impose $150 administrative fee and allow Respondent until February 8, 2023, to bring property into compliance with a final inspection or a $25 fine will begin to accrue every day until property is in compliance.
The Special Magistrate asked if there is anyone present who wished to speak regarding this case.
Mr. Smith, who resides at 230 Lake Griffin Rd., stated that he has pictures showing that most of the property is in compliance. He stated the fence was destroyed in the last hurricane and he removed the posts not knowing that a permit was necessary.
The Special Magistrate stated that the Code Enforcement Officer needs to inspect the property, and asked Mr. Smith if he is willing to work with Ms. Crain by allowing her access to the property. He stated that this case has been ongoing for several months.
Mr. Smith stated that he will work with Ms. Crain. He noted that there have been health issues with his family, which has slowed the delayed cleaning up the property.
The Special Magistrate confirmed with Ms. Crain the residents have been working toward bringing the property into compliance.
The Special Magistrate stated that he will extend the compliance date to February 15. He encouraged Mr. Smith to continue cleaning up the property, and to allow Ms. Crain access to the property for inspection.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 15, 2023, to successfully bring the property into compliance or a fine of $25 per day will begin accruing on February 16, 2023, and will continue to accrue thereafter for each day the violation continues to exist. A copy of the full order will be mailed to The Respondent.
6. Case 22-8807 — 1016 Aloha Way, Daniel O’Neil — Town of Lady Lake Code of Ordinances Section 7-47, Fire Hazards; Section 20-15, Compliance with Minimum Standards Required; Section 20-17(b), Lights & Ventilation; Section 20-17(g) Windows Weathertight, Good Repair; Section 20-18(e & f), Residential Property Maintenance Plumbing; Section 20-19, Structurally Sound; Section 20-19(a)(1), Weatherproof & Watertight; Section 20-19€, Electrical Wiring; Section 20-19(f), Structures Free From Infestations; Section 20-20(a)(1), Owner/Operator Maintenance; Health & Safety, Exterior Surfaces; Section 20-22, Repairs & Installations; Section 20-23(a)(3), Extermination; 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 on December 21, 2022, she observed the house had been power washed. She stated that she has sent all notices regarding this case to the property owner’s mailing address listed on the Lake County Property Appraiser’s website, to this property on Aloha Way, and to an address in Summerfield, Florida provided to her by Ms. Ward.
Staff recommendation is to find the Respondent in violation of the cited codes; impose $150 administrative fee and allow Respondent until February 8, 2023, to bring property into compliance or a $100 per day fine will begin to accrue for every day until property brought into complete compliance.
The Special Magistrate confirmed with Ms. Crain that the photos in the backup documents were taken by her.
The Special Magistrate asked if there was anyone present who wished to speak regarding this case.
Carol Ward, 1016 Aloha Way, she stated that she has lived at this address for over five years.
The Special Magistrate confirmed with Ms. Ward that some of the photos in the backup documents were taken by her. She stated that she has more pictures with her today.
Ms. Ward testified that a handyman was instructed to paint the roof. Per Ms. Ward, this man explained to her that there is a 12-14 foot “gash” along the peak between the new and old roof. She stated that he told her that this allows the wind and water in on both sides resulting in the entire area getting wet because the water is going underneath the roof.
Ms. Ward stated that she sent Ms. Crain more pictures from the latest storm showing the walls and floors are soaked. She has papers that the landlord signed and reneged. She stated that he posted a phony eviction notice on her door in the early morning hours of Christmas day.
She stated that she paid for the wall in the hall to be replaced. She stated rats and a skunk are in the walls. She paid an electrician to do some repairs who told her that many things in the house were wired directly to the grounding wire. She stated that he repaired those to make it safe for her.
Ms. Ward presented the Special Magistrate with photos of the property. She stated that she fears Mr. O’Neil will continue to avoid repairing the property as long as possible.
The Special Magistrate stated there has been extensive evidence presented.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 01, 2023, to successfully bring the property into compliance or a fine of $150 per day will begin accruing on February 02, 2023, and will continue to accrue thereafter for each day the violation continues to exist. A copy of the full order will be mailed to The Respondent.
7. Case 22-8839 — 923 St. Andrews Blvd., Hazel Cubeta Estate — Town of Lady Lake Code of Ordinances Section 7-67, Trash, Weeds, Vegetation; Section 20-20, Standards; Section 20-20(a), Owner/Operator Maintenance; Section 20-20(a)(1), Exterior Surfaces Maintained Adequately; Section 20-20(a)(5), Vacant Property Secured; Section 20-20(b), Deficient Property & Blight; Section 20-20(c), Yards, Vegetation, Hazards; Section 20-21, Unsafe Dwellings; Section 20-21(a), Abandoned & Open; 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 cited codes; Declare the structure as unsafe to occupy; impose administrative fee of $150; Allow Code Enforcement access to the property to post unsafe notices on the structure. Further order if property is not in compliance by February 15, 2023, a daily fine of $50 will begin to accrue until property is brought into compliance.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 15, 2023, to successfully bring the property into compliance or a fine of $50 per day will begin accruing on February 16, 2023, and will continue to accrue thereafter for each day the violation continues to exist. It is further ordered that Code Enforcement shall have access to the property to post unsafe notices on the structure. A copy of the full order will be mailed to The Respondent.
8. Case 22-9257 — 710 North 27/441, ARG RALLAFL001 LLC —Town of Lady Lake Land Code of Ordinances Section 8-201, Assessment of False Alarm Fee; 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 cited code; impose administrative fee of $150 and allow until February 06, 2023 for delinquent False Alarm Response fee to be paid to the Lady Lake Police Department and Administrative fee to Town of Lady Lake. If fees are not paid by this date, a $200 per day fine will begin to accrue on February 07, 2023 and continue to accrue until all fees are paid in full. It is further ordered that the Respondent is established as a Repeat Offender and any future violations of Section 8-201 will be repeat violations.
The Special Magistrate asked if there is anyone present who wished to speak regarding this case.
Nick Finelly, 6151 Candlewood Way, Sarasota, FL, 34243, stated that he is a representing the owner. He stated that he was unaware that he was to contact Code Enforcement when the fine was paid. He stated there is a lease in place for the property with Outback Restaurant and per the lease they are responsible and liable for this violation.
Marcia Williams, managing partner at Outback Steakhouse, 710 N. Hwy 27/441, Lady Lake, FL, 32159, testified that the security system and the security company are being replaced. She stated that she is the first point of contact on the call list and yet she is never contacted when the alarm is activated. She stated that she contacted the police department and the sheriff’s department to ensure that she is on their contact list. She stated that she, too, did not know she was to contact the Town when the fine was paid. The latest fine has been paid and she will forward that information to Ms. Crain.
Ms. Crain stated recommended they verify the address and keyholders with our police department.
Special Magistrate Bills stated that based on the evidence and testimony provided, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 06, 2023, to successfully bring the property into compliance or a fine of $200 per day will begin accruing on February 07, 2023, and will continue to accrue thereafter for each day the violation continues to exist. It is further ordered that the Respondent is hereby established as a Repeat Offender and any future violation of the cited code shall be Repeat Violations. A copy of the full order will be mailed to The Respondent.
9. Case 22-9361 — 207 Morningside Ave., Newtro Corp 401K Plan — Town of Lady Lake Land Development Regulations Section 16-52(a), 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).
Staff’s recommendation is to find the Respondent in violation of the cited code; impose administrative fee of $150. Allow Respondent until 5:00 PM Wednesday, February 15, 2023, to bring the property into compliance or daily fine of $50 will begin to accrue on February 16, 2023, and continue to accrue until property comes into compliance, including payment of the administrative fee. Further order that Respondent be established as Repeat Offender. And future violation of stated section will be cited as repeat violation.
The Special Magistrate stated for the record that no one is present to speak regarding this case.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 15, 2023, to successfully bring the property into compliance or a fine of $50 per day will begin accruing on February 16, 2023, and will continue to accrue thereafter for each day the violation continues to exist. It is further order that Respondent is established as Repeat Offender and any future violation of the stated code section will be cited as a repeat violation. A copy of the full order will be mailed to The Respondent.
10. Case 22-9363 — 261 North Clay Ave., Rogelio Cortez & Antonia Munoz — Town of Lady Lake Code of Ordinances 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).
Staff’s recommendation is to find the Respondents in violation of the cited code; impose administrative fee of $150. Allow Respondent until 5:00 PM Tuesday, February 07, 2023, to bring the property into compliance or daily fine of $25 will begin to accrue on February 8, 2023 and will continue to accrue until property comes into compliance, including payment of administrative fee. It is further ordered that the Respondent be established as a Repeat Offender. Any future violation of stated section will be cited as repeat violations.
The Special Magistrate stated for the record that no one is present to speak on this matter.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 7, 2023, to successfully bring the property into compliance or a fine of $25 per day will begin accruing on February 8, 2023, and will continue to accrue thereafter for each day the violation continues to exist. It is further ordered that Respondents are established as Repeat Offenders and any future violation of the stated code section will be cited as a repeat violation. A copy of the full order will be mailed to The Respondent.
11. 22-9376 — 870 North 27/441 F, Lady Lake Covenant Group, LLC — Town of Lady Lake Land Code of Ordinances Section 8-201, Assessment of False Alarm Fee; Order of Enforcement (Lori Crain)
M1. Cases. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the Respondents in violation of the cited code; impose administrative fee of $150. Allow Respondent until 5:00 PM Tuesday, February 06, 2023, for delinquent False Alarm Response fee to be paid to the Lady Lake Police Department and the administrative fee to the Town of Lady Lake. If fees are not paid by this date, a $200 per day fine will begin to accrue until all fees are paid in full. Further order that the Respondents are established as Repeat Offenders and any future violations of section 8-201 will be repeat violations.
The Special Magistrate stated for the record that no one is present to speak on this matter.
Special Magistrate Bills stated that based on the evidence and testimony provided, an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until 5:00 PM February 06, 2023, to pay the delinquent False Alarm Response fee to the Town of Lady Lake Police Department and the administrative fee to the Town of Lady Lake. If fees are not paid by this date, a $200 per day fine will begin to accrue on February 7, 2023, and will continue to accrue until all fees are paid in full. It is further ordered that Respondents are established as Repeat Offenders and any future violation of the stated code section will be repeat violations. A copy of the full order will be mailed to The Respondent.
Adjourn
There being no further business, the meeting adjourned at 12:12 p.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Deputy Town Clerk