Special Magistrate Hearing Minutes

1. 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)

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

Ms. Crain testified that she has had several communiques with the Respondent’s attorney, Harris Howard, regarding complying with the Order of Fine executed September 27, 2022. She stated that she advised Mr. Howard that the permit fees must be paid, that the septic permit or the release from Lake County Health Department is obtained, and the current liability insurance documentation from the general contractor, CFL Building Contractor is submitted. She stated that a settlement of the accruing fines had been reached at the end of January 2023, and payment received.

Ms. Crain stated she has regularly inspected the property and the property remains noncompliant. The agreed-upon required documentation has not been submitted, nor have the permit fees been paid. She stated that the Town Building Department staff has researched and found that remodeling was completed in 2016 without required permits and that the contractor was allowed to use the septic system that was present on the property at that time. She stated that a second septic permit was issued in 2017 and expired prior to inspection by Lake County Health Department.

Ms. Crain stated that to date the Respondent and his attorney have not complied with the instructions they were notified of through the Town of Lady Lake Growth Management staff and from Ms. Crain.

Staff’s recommendation: find Respondent in violation of previous Order of Fine, dated September 27, 2022; enter a new Order of Fine in this matter in the amount of $9,600 which is the total amount of $200 daily fine accrued and due to date since January 11, 2023. The fine will continue to accrue at the daily rate of $200 until such time as property comes into complete compliance. Further order and impose the $150 administrative fee. Fine and fees to be paid in full to Town of Lady Lake by 5:00 PM, Monday, March 13, 2023, or all to be recorded as a lien against the property.

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

Dean Reed, representative for attorney Harris Howard, acknowledged that he does not have much information regarding this case. He stated that he knows that one of the causes of delays in this action is the Town of Lady Lake insisting that the impact fee be paid prior to the issuance of the permits. He stated that it was determined later that the impact fee was not required, which caused some delay from the owner and the contractor and that the fines were accruing due to the delay.

The Special Magistrate asked Mr. Reed for the progress on the other issues.

Mr. Reed stated that the contractor would need to provide the Workers Comp Insurance and the septic permit, and he has not had any contact with the contractor. He reiterated that he is here on behalf of Mr. Howard, that he will advise Mr. Howard and the owner that these issues need attention immediately.

The Special Magistrate asked if Mr. Reed if he can speak regarding the delays that occurred between the permit applications and the requests for information from Town staff, i.e., if the clients were trying to get information, or if they were they having difficulty getting information.

Mr. Reed stated that he would defer to Ms. Crain’s testimony regarding this as she dealt with Mr. Howard.

Malina Wright, Permitting Technician with the Town of Lady Lake, was called as a witness by Ms. Crain.

The Special Magistrate asked Ms. Wright if she has had direct contact with the owners. He stated that he needs to determine if they are trying to cooperate with Ms. Crain’s request for information or have there been long periods where they did not respond.

Ms. Wright clarified that staff in the permitting department mainly interact with contractors because they supply the permit application. She explained that she received the first part of the permit information. She stated that it is policy that the impact fees are required to be paid when the permit is issued and picked up.

Ms. Wright stated that there are no records because this project began long ago. She stated that she asked for time to research these documents to determine if the impact fees had been paid, or if the contractor could produce proof of payment. She stated that she told them that payment would not be required until the Certificate of Occupancy was issued.

Ms. Wright stated that she explained all of this to the contractor’s representative when he came to pick up the permit. She stated that while he was waiting, she contacted the Lake County Health Department who informed her that they had a letter dated 2016—2017 acknowledging that the septic at that time was good. She asked the health department staff if they require a new permit application and they replied affirmatively because the letter had expired one year after issuance.

Ms. Wright stated that she also contacted Lake County inquiring if the impact fees had been paid and they responded via email that they had no record that the impact fees had been paid. She stated that she contacted the property appraiser who told her that when they originally conducted a site visit of the property, the permit was issued in 1997, and that the house was still not completed in 2002. Ms. Wright acknowledged that in 2002, there would be records of a Certificate of Occupancy or a permit application, and that there is no record of either of these. She stated that a CO would not have been issued if the house was not complete. She concluded that because there is a permit, it is her belief that impact fees were paid in 1997.

The Special Magistrate verified with Ms. Wright that the records are unclear.

The Special Magistrate asked Mr. Reed if there are any mitigating factors that he could provide.

Mr. Reed stated that Ms. Wright testified to voids or questions if or when things were done. He stated that the major issues, workers compensation insurance and a septic permit, are minor and can be taken care of quickly. He stated that assessing a fine will unnecessarily burden the homeowner and will not be a benefit to either party. He asked that the fines be waived and to begin from this point. He stated that the issues are associated with the contractor and not the homeowner.

The Special Magistrate noted that there is effort on behalf of the respondent as well as a lack of response from the respondent. He stated that Code Enforcement acts to bring property into compliance.

The Special magistrate executed the Order of Fine. Respondent shall pay fine in the amount of $100 per day commencing January 11, 2023, for each day the property is not in compliance and shall continue to accrue at the daily rate until such time a s the property is brought into compliance. Current total fine at date of this order is $4,800; The Respondent shall pay all costs associated with this matter in the amount of $150.00. All fines and costs shall be paid to the Town of Lady Lake by 5:00 PM, Tuesday, March 21, 2023. The Respondent will receive a copy of the full order.

2. 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 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 property owner and complainant are present.

Staff recommendation: find Respondent in violation of the Order of Enforcement dated 01/24/2023 by failure to comply and failure to pay $150 administrative fee. Enter an Order of Fine in the amount of  $3900, which is the total amount of the $150 daily fine which accrued from February 2, 2023, and will continue to accrue until complete compliance is obtained; impose $150 administrative fee for this Orde of Fine hearing; all fees and fine to be paid to Town of Lady Lake by 5:00 PM Tuesday, March 21, 2023, or will be recorded as a lien against the property.

The Special Magistrate stated that he will hear testimony from Mr. O’Neil first.

Daniel O’Neil stated that the only time he went to the property in October, Ms. Ward called the police. He stated that he has a witness to verify this. He stated that he has contacted The Villages and they are waiting for the outcome of this hearing. He stated that he has documents showing that her competency is limited.

Mr. O’Neil stated that he has the house inspected annually by Section 8 and have not had any problems for five years. He stated that he called four or five roofers and a handyman, and they walked off the job. He stated that he owns other properties in The Villages and tries to maintain them, and that The Villages never had a problem with him. He stated that right now he is dealing with a problem that is not his fault.

Mr. O’Neil stated that everything will be worked on during the month of May because he notified Lake County to cancel her assistance and have her move out. He stated that he was informed that Ms. Ward has a lease until April 30.

Glen Gates, 3331 Roanoke St., The Villages, FL.

The Special Magistrate asked Mr. Gates when the incident he witnessed occurred.

Mr. Gates replied it was in October. He stated the roofer was present to work on the house and stated that Ms. Ward would not let him do it.

The Special Magistrate asked Mr. Gates if the roofer left as a result.

Mr. Gates stated that “…we left because she was calling the cops...”.

The Special Magistrate stated for the record that Mr. O’Neil presented him with screenshots of various text messages related to his testimony.

The Special Magistrate asked for testimony from Ms. Ward.

Mr. O’Neil stated from the audience that if he is not needed, he does not want to stay. He stated he cannot take the stress without becoming violent.

The Special Magistrate asked Mr. O’Neil to wait outside of chambers until he is needed.

Carol Ward, 1016 Aloha Way, Lady Lake, FL stated that Mr. O’Neil has slandered her to others, including a roofer. She stated that one roofer contacted the supervisor of the company who advised him not to work for Mr. O’Neil. Per Ms. Ward, the roofer relayed this information to Mr. O’Neil.

Ms. Ward stated that in October, Mr. O’Neil had been out of state and with many rainy days and the roof leaking, she had to continually clean with bleach. She stated that there is one small bedroom that was not affected, and that she moved everything out of her room into this small bedroom. She stated that she had to bleach one bathroom every other day due to mold.

Ms. Ward testified that in July, the floor in the other bathroom had caved in. She stated that Mr. O’Neil told her then that the roof would be fixed. She stated that he was remodeling another residence and then left the state.

Ms. Ward stated that the day in October that Mr. O’Neil and Mr. Gates testified to, she was attempting to hand Mr. O’Neil her rent checks for the months he was gone. She stated that she has copies of text messages between her and Mr. O’Neil regarding what to do with the rent checks during his absence. She stated that Mr. O’Neil came toward her waving his arms; at that time, she asked him to calm down and asked if she needed to call the police. Ms. Ward testified that there was no roofer there that day.

The Special Magistrate stated that much of this testimony was discussed at the January 24 hearing. He asked Ms. Ward if she has prevented anyone from coming onto the property since the date of the January hearing or have any contractors come forward.

Ms. Ward stated that no one has come to the house and that Mr. O’Neil has never sent a roofer. She stated that she spent a lot of time last summer getting roofing estimates and sending them via text to Mr. O’Neil. She showed the Special Magistrate that she has documents from roofers.

The Special Magistrate verified with Ms. Ward that no contractors have come to the property since January 24, 2023.

Ms. Ward stated that Mr. O’Neil had a handyman clear the roof and paint it prior to Hurricane Ian’s arrival. She stated that she has that receipt, along with a document dated June 2022 from The Villages stating that Mr. O’Neil did not comply with resodding the back lawn.

Ms. Ward testified that the house flooded on February 8, and she fell. She presented pictures of the water coming into the house and pictures of her injuries.

She stated that her neighbors are complaining about the yard not being sodded. She stated that The Villages visited the property and stated that Mr. O’Neil is responsible for maintaining the property.

Ms. Ward stated that due to her late husband’s medical expenses, she cannot afford a large rent payment, and that she was fortunate to find an elder’s program that subsidizes a portion of her rent. She stated that she is never late with her portion of the rent because she would lose this subsidy. She confirmed that the house is inspected annually. She read from the inspection report that, “…after months and months Mr. O’Neil did not fix the roof. It is considered a life-threatening repair that needs done…”.

Ms. Ward stated that she has a weatherization program through HUD, and that they stopped repairing his property. She stated prior to them beginning any work, Mr. O’Neil had to sign a letter renewing her lease beginning May 2023 for at least two years, which she showed the Special Magistrate.

She stated that Mr. O’Neil has received 18 months of full rent and has not completed the repairs or maintained the property.

Ms. Ward stated after Hurricane Ian, she submitted a claim to her renter’s insurance for the loss of much of her personal property. She stated that the insurance company will not send her payment because Mr. O’Neil will not sign papers acknowledging that the roof had been repaired. She stated that the weatherization program was stopped for the same reason.

Ms. Ward continued to list several issues that Mr. O’Neil has neglected to repair on this structure.

Mr. O’Neil returned to the hearing. He stated that after April 30 it will all be fixed when the property is vacant. He stated that he will explain this to The Villages as well.

The Special Magistrate stated that it is unfortunate that both parties involved do not see eye-to-eye on this matter. He stated that many of the issues that have been raised by both parties are civil matters. He stated that he has pictures before him of a home that is not in compliance with the Lady Lake Codes of Ordinances or the Land Development Regulations. He stated that he finds that there are problems with the property that have not been repaired.

Special Magistrate Bills executed the Order of Fine. The Respondent shall pay fine in the amount of $3,900, which is the total amount of accrued daily fine to date. The daily fine of $150 commenced on February 02, 2023, and shall continue to accrue at the daily rate until such time as the property is brought into compliance. Respondent shall pay costs associated with this case in the amount of $150.00, and have until 5:00 PM Tuesday, March 21, 2023, and bring the property into compliance to cure the violation(s) described above. A copy of the full order will be mailed to The Respondent.

3. Case 22-9361 — 207 Morningside Ave., Newtro Corp 401K Plan — Town of Lady Lake Land Development Regulations Section 16-52(a), 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 executed on January 24, 2023.

Staff recommendation is to find the Respondent is not in compliance with the Order of Enforcement dated January 24, 2023, for failure to comply and failure to pay the $150 administrative fee. Enter an Order of Fine in the amount of $750, which is the total amount accrued to date of the $50 daily fine that started to accrue on 02/16/2023. The fine will continue to accrue until such time as the property comes into complete compliance; impose $150 administrative fee for this Order of Fine hearing. All fines and fees 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 Bills executed the Order of Fine. The Respondent shall pay fine in the amount of $50 per day commencing on February 16, 2023, for each day the property is not in compliance and shall continue to accrue at the daily rate of $50 until such time as the property is brought into compliance. Current total fine at the date of this order is $750. The Respondent shall pay costs associated with this Order of Fine in the amount of $150.00, in addition to the delinquent $150 administrative fee for the Order of Enforcement hearing. All fines and costs shall be paid to the Town of Lady Lake by 5:00 PM Tuesday, March 21, 2023, and bring the property into compliance. A copy of the full order will be mailed to The Respondent.

4. Case 22-9363 — 261 North Clay Ave., Rogelio Cortez & Antonia Munoz — Town of Lady Lake Land Code of Ordinances Section 7-46, Storage of Junk, etc., Prohibited: Order of Fine (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 Respondents in violation of the Order of Enforcement dated January 24, 2023, by failure to comply and failure to pay $150 administrative fee. Enter an Order of Fine in the amount of $500 which is the total amount accrued to date of the $25 daily fine that began to commence on February 8, 2023. Daily fine will continue to accrue until property comes into complete compliance. Impose administrative fee of $150 for this Order of Fine hearing, in addition to the unpaid administrative fee from Order of Enforcement hearing. All fees and fine to be paid to Town of Lady Lake by 5:00 PM Tuesday, March 21, 2023, or will 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 Bills executed the Order of Fine. The Respondent shall pay fine in the amount of $25 per day commencing on February 08, 2023, for each day the property is not in compliance and shall continue to accrue at the daily rate until such time as the property is bought into compliance. Current total fine at the date of this order is $500. The Respondent shall pay all costs associated with this matter in the amount of $150.00, in addition to the delinquent $150 administrative fee for the Order of Enforcement hearing. All fines and costs shall be paid by 5:00 PM Tuesday, March 21, 2023, and bring the property into compliance. A copy of the full order will be mailed to The Respondent.