Special Magistrate Hearing Minutes
Minutes of the April 25, 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; Officer Robert Chausse Lady Lake Police Department; and Carol Osborne, Deputy Town Clerk
Mayor/Commissioner Jim Rietz and Commissioner Ed Freeman were also in attendance.
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 the March 28, 2023 Special Magistrate Hearing
The Special Magistrate accepted and signed the hearing minutes of February 28, 2023, into the record as presented.
Code Enforcement Officer Lori Crain advised that the following cases have come into compliance and will not be presented today: Case 23-0607, Case 23-0060, and Case 23-0154.
B. Old Business
2. Case 22-8894 — 1005 Aloha Way, Daniel O’Neill, LLC — Town of Lady Lake Code of Ordinances Section 20-15, Compliance Required; Section 20-17, Light, Ventilation; Section 20-17(b), Outlets, Lights & Switches; Section 20-17(g), Windows Weathertight, Good Repair; Section 20-19, Structurally Sound; Section 20-19(a)(1), Weatherproof & Watertight; Section 20-19(a)(2), Gutters & Downspouts; Section 20-19(e ), Electrical Wiring; Section 20-19(f) Structures Free From Infestation; Fences, Walls in Good Condition; Section 20-20 Minimum Standards; Section 20-20(a), Owner/Operator Maintenance, Health, Safety; Section 20-20(a)(1), Exterior Surfaces Maintained Adequately; Section 20-20(a)(6), Window & Doors; Section 20-20(b), Deficient Property & Blight; Section 20-22, Repair and Installations; Section 20-23, Not to Occupy; Section 20-23(a ), Owner of Dwelling or Dwelling Unit; Section 20-23(a)(1), Maintain Exterior & Public Areas; Section 20-23(a)(2), Stagnant Water; Section 20-24(b), Property Adjacent to Dwellings; Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67, Trash Weeds, Vegetation; Establish Repeat Offender; Order of Fine (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Crain stated that she has been in communication with the tenants and Attorney Bone since the February Special Magistrate hearing. The issue remaining is the floor repair. She advised that the Town’s Building Official, Mark Brower, confirmed that the permit application must be submitted by a licensed building contractor, licensed general contractor, or certified mobile home contractor, along with plans, which can be handwritten, along with the specs for materials being used for the floor repairs. These plans must be reviewed by the building official before a permit is issued. She stated that she relayed this information to Mr. Zyontz and suggested that he forward it to Attorney Bone.
Ms. Crain stated that there have been ongoing scheduling difficulties with contractors due to Mr. and Mrs. Zyontz’s work schedules, and misinformation from the contractors that a permit is not required.
Ms. Crain testified that she spoke with Attorney Bone who stated that he had spoken to the contractor, and they are going to apply for the permit. She stated that Attorney Bone relayed to her that he does not know why the contractor would state that a permit is not required.
Ms. Crain stated that in a subsequent email from Attorney Bone, he advised that Mr. O’Neil was attempting to locate a contractor that was able to apply for the permit. She confirmed with Attorney Bone that the inspections will be conducted once all of the repairs are completed.
Ms. Crain stated that this morning she received an email from the tenants advising her that the contractor, who arrived this morning to evaluate the damage and the repairs needed, discovered that the house is not structurally sound. She stated that she discussed this with Mr. Bower who determined that the house was unsafe due to the floor issues and other wall issues. Mr. Bower signed an “Unsafe Building” notice.
Staff recommendation: Find Respondent in violation of the Order of Enforcement dated 02/28/2023 by failure to correct with the violations and failure to pay $150 administrative fee. Enter an Order of Fine in the amount of $6,600, which is the total accrued fine to date; impose $150 administrative fee for this Order of Fine hearing and for the unpaid administrative fee for the previous hearing. Deem the structure on the property as unsafe to occupy; allow Code Enforcement access to the property to post the unsafe notices and establish the property owner as a Repeat Offender.
The Special Magistrate asked for clarification regarding the evidence before him about the unsafe structure.
Ms. Crain stated that this case has been discussed with the Town’s building official, and he has reviewed the backup documents, including pictures. She stated that he discussed the case with her this morning and advised that the repairs are structural, causing the structure to be unsafe.
The Special Magistrate asked if the building official is present to testify, is there written documentation from him regarding his conclusion, and is his decision based on the evidence previously presented to the Special Magistrate at a previous hearing.
Ms. Crain advised that Mr. Bower is not present to testify; She stated that he signed the “Unsafe to Occupy” notice this morning based on the picture showing the hole in the floor where the ground can be seen.
Ms. Crain stated that the floor issue occurred approximately April 4, 2023.
The Special Magistrate verified with Ms. Crain that a permit has not been obtained.
Ms. Crain stated that everyone in the building department is aware of the structure in this case and what is needed to repair the floors. She stated that there are staff present who have spoken with Mr. O’Neil regarding the permit process.
Attorney Bone stated that the main issue currently is the floor and the unsafe condition that has been reported. He stated that there are two witnesses present who have completed the majority of the repairs and can testify as such.
The Special Magistrate asked if Code Enforcement was advised of the repairs and asked to inspect the property.
Mr. Bone replied affirmatively that he contacted code enforcement advising that everything was complete, except for the floor and their response was they will wait until all repairs are complete to conduct the inspection.
Mr. Bone stated that he is asking for additional time to complete the repairs and that there are continuing efforts to bring the property into compliance.
He stated that at least three flooring companies have been to the property to do the repairs. He stated that he has been in contact with contractors, with Mr. O’Neil, with the tenants and with the Town to complete the floor repairs. He stated that he has contacted the tenants informing them when a contractor will be on site to view the property, and that the contractors are having trouble with the Town obtaining a permit.
Mr. Bone read a text message from one of the general contractors who explained his difficulty with Town staff and was told that this project required a licensed contractor.
Mr. Bone stated that it is his understanding that before the gap in the structure expanded, the tenants or the Town would not allow the repairmen to do anything with it. Efforts to get the floor repaired are ongoing.
Mr. Bone requested that the fine not be imposed today due to the scheduling difficulties. He stated that Mr. O’Neil is not trying to put off getting the floor repaired. The contractors are busy and cannot get to the property due to the tenants’ schedule or the Town not cooperating.
Mr. Bone acknowledged that this is an unusual case where an attorney has been involved to communicate between an owner/landlord, a tenant, and city staff, and experiencing lack of cooperation between the city and the tenant to get the work done. He stated that he has many years of experience with code enforcement representing cities and citizens, as well as being a Hearing Officer and has not experienced a situation like this.
The Special Magistrate asked to read the text message Mr. Bone read from the contractor.
Mr. Bone presented the Special Magistrate with two cost estimates to repair the floor.
The Special Magistrate verified that these contractors are licensed contractors, Thorpe and Thorpe Services, LLC, and Doc’s Restorations.
Mr. Bone replied affirmatively and added that the text message is from Redding Flooring, who is also licensed.
Mr. Bone stated that he will try to arrange a meeting with a contractor, the building official and himself to obtain a permit for the small hole in the floor. He stated that except for the fact that he does not want to admit to any unsafe condition of the property, and as far as any liability might be concerned, the result of deeming the property unsafe to occupy is that the tenants are going to have to move out of the property. He stated that Mr. O’Neil has not started an eviction case, the tenants have not been able to produce a written lease on the property, therefore they are month-to-month tenants.
Mr. Bone stated that by entering that order, (Unsafe to Occupy), the tenants will have to vacate the property, and this will be a punishment that they have stirred this whole pot. Mr. O’Neil does not think that it is unsafe property. He stated that Mr. O’Neil could have someone go in there and patch (floor) if the hole is the unsafe condition in the structure. If the order is entered, it will cause the removal of the tenants and if there is no admission of liability and that is clear on his part that he considers it to be an unsafe building, that is up to the city to do that.
Mr. Bone stated that he does not feel it is a proper thing to do at this time as he was notified of the hole in the floor this morning prior to today’s hearing and has not had a moment to prepare to address this issue. He stated that he does not know the size of the hole and does not believe it makes the home unsafe. He stated that it would be unfortunate for the tenants more than for Mr. O’Neil.
The Special Magistrate stated that he needed to ask Mr. O’Neil questions.
The Special Magistrate advised Mr. O’Neil that Attorney Bone, who cannot act as a witness, has provided cost estimates from contractors. The Special Magistrate asked Mr. O’Neil that once he obtained the estimates for the floor replacement, and that once any permits are obtained, Mr. O’Neil will be able to pay what is required to complete the floor repaired.
Mr. O’Neil replied affirmatively.
The Special Magistrate confirmed with Mr. O’Neil that he is prepared to do what is necessary to obtain the permits.
Mr. O’Neil replied affirmatively.
The Special Magistrate asked Mr. O’Neil if he believes that all of the repairs are complete, except the floor issue.
Mr. O’Neil replied affirmatively.
Mr. Bone advised that the two workers who completed the repairs are present today.
Mike Reis, 1037 Aloha Way
The Special Magistrate verified with Mr. Reis that he completed the house repairs from the list of issues raised by the Town.
Mr. Reis replied affirmatively, and added that he worked on outlets, screens, replaced/installed plywood in the laundry room. He stated that additional workers power washed the roof and siding.
The Special Magistrate asked to speak to Town staff to clarify what the Town’s permit requirements.
Ms. Crain stated that staff is present who spoke to Mr. O’Neil on the phone.
Ms. Crain stated that in emails to Mr. O’Neil, she included what is specifically required to obtain the permit.
Ms. Crain also asked if the contractor who sent the text message gave him the name of who he spoke to in the building department.
The Special Magistrate stressed that he needs to understand what the Town’s requirements are for obtaining a permit.
Denise Williams, Code Enforcement assistant and building permit tech, stated that she has discussed this property issue with Mr. O’Neil twice. She stated that she handed Mr. O’Neil pictures of the violations after March Special Magistrate hearing and advised him that he needs a permit to repair the floor. She stated that she spoke to Mr. O’Neil on the phone, he did not say who he was yet gave Ms. Williams the property address. She stated that she recognized his voice. Ms. Williams stated that she explained to him that he would need a building permit, that the permit must be applied for by a licensed contractor, and that engineered signed and sealed plans would need to be provided along with the permit application.
The Special Magistrate verified that the engineer’s signed and sealed plans are required to issue the permit.
Ms. Williams replied affirmatively.
Ms. Crain stated that the building official stated that he would accept drawn plans, if he could understand them, and the specs of the material being used must be included.
The Special Magistrate asked if the contractors who submitted the floor repair estimates could supply the plans or does an engineer need to be hired.
Ms. Williams stated that each contractor is registered with the Town, and they must provide evidence of their state license, worker’s comp coverage and general liability insurance. If these documents are not currently on file with the Town, the contractor needs to provide them when they apply for a permit.
Ms. Williams stated that she has not had any contact with a contractor regarding this property.
Malina Wright, Building Permit Technician, stated that several staff members have discussed this flooring issue with multiple people. She stated that what the staff needs for a building permit is that the subflooring is structurally sound, not simply laying plywood over the floor.
Ms. Wright stated that she personally discussed this with someone who called regarding obtaining a permit for the flooring, and who admitted that he was not licensed. She advised him that he cannot get the permit; that a licensed contractor must apply for the permit. A handyman cannot do any structural repairs or electrical repairs. A flooring company can install carpet and tile; they cannot conduct any structural repairs such as subflooring.
The Special Magistrate acknowledged that the notice from the building inspector is allowing the tenants to stay in the house until mid-June. He asked Ms. Crain if the repairs are done within the next month, will the notice be revoked.
Ms. Crain stated that when a licensed contractor obtains a permit, they call for the inspection when the work is completed. She noted that the wiring and the plumbing also need to be repaired.
Mr. Bone stated that if it is not a life-safety issue and that the tenants do not have to vacate the structure immediately, that there is a process to address unsafe conditions in condemning property. He admitted that he does not know the section of the code.
Mr. Bone stated that the tenants have hired an attorney, alleging that they have been injured on the property. He stated that the tenants speak to Town staff regularly and to the extent that this is a ploy to have the Special Magistrate enter an order that declares the property to be unsafe would support them in their potential litigation against Mr. O’Neil. He stated that Mr. O’Neil does not care if the property is declared unsafe and the tenants must move out. He reiterated that Mr. O’Neil does not want to admit to any liability because he received a letter from an attorney’s office requesting insurance information. Mr. Bone stated that he is certain the if the Special Magistrate enters an order declaring the property to be unsafe and the property is posted that it will be used to help the tenants in their case.
Mr. Bone stated that he was quickly researching this issue, and believes it is a due process matter to declare property unsafe. He again requested that the Special Magistrate not enter the order as the legal effects are unknown.
Mr. Bone stated that because it is still safe enough for the tenants to be there until mid-June, this is not an emergency situation where this needs to be posted on the property and for the Special Magistrate to make a finding that might have ulterior motives for other people.
Ms. Crain stated that she received an email this morning from the tenants, who had no idea that the structure was deemed unsafe. She stated that it was she that entered the vacation date to mid-June to allow the tenants time to find another place to live. She stressed that this was not their idea.
The Special Magistrate stated that he is not entertaining motives on the matter of the unsafe structure.
The Special Magistrate stated that before him is evidence that Mr. O’Neil is attempting to remedy these issues at the property. The Special Magistrate stated that he is not placing blame, yet feels the tenants are not being cooperative by limiting the landlord full access to the property.
The Special Magistrate stated that he believes deeming the property as unsafe requires due process.
The Special Magistrate stated that because there is time from the building official, he can enter the order in May. He stated that it is not wise to completely overlook due process and enter this in haste without the opportunity for the affected property owner to have their due process.
The Special Magistrate stated that he will continue this case until May. He stated that there will be a fine. However, there may be some extenuating circumstances and will decide on the amount of the fine at the May hearing. The Order of Enforcement stands as is, and he is not willing to enter the Order of Fine today. He advised that code enforcement needs to inspect the property at some point.
The Special Magistrate stressed that permitting issues between the Town and the landlord need to be worked out.
The Special Magistrate stated that today is not the time for a final decision as there is not much cooperation by any of the parties involved.
3. Case 23-0607 — 710 N Hwy 27/441, ARG RALLAFL001, LLC; — Town of Lady Lake Code of Ordinances, Section 8-201, Alarms, Assessment of False Alarm Fee; Repeat Offender (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Crain testified that she received reports of delinquent false alarm fees from the Lady Lake Police Department Records staff on March 9, 2023 and March 16, 2023. Hearing notices were sent via certified mail and received per online USPS tracking. Subsequently, four additional false alarm responses were received, and letters of violation were sent. Ms. Crain stated that there has been no contact from anyone regarding this case, and the delinquent false alarm fees have not been paid.
Staff recommendation: find the Respondents are in repeat violation of Code of Ordinances Section 8-201, as established in case 22-9257 on 01-24-2023; impose $150 administrative fee; impose fine of $100 for each individual date documented of a False Alarm Response which includes, Jan. 27. 2023; Jan 31, 2023; Feb. 15, 2023; Feb. 21, 2023; and Feb. 28, 2023 for a total of $600.00. Fines and administrative fee to be paid by 5:00 PM. Wednesday, May 10, 2023, or all will be recorded as a lien against the property.
James Madison, 10365 SW 148th St., Summerfield, FL, stated that in January the original proprietor for the restaurant installed a new alarm system and was the only person with access to the alarm codes and did not provide them to any managers and delivery drivers. He stated that she has been out on medical leave.
Mr. Madison stated that when he took over in March, he was able to get permission to contact the alarm company to acquire the correct codes and has provided it to the delivery drivers. He stated that there had not been any issues until a new driver was assigned to the restaurant. Unfortunately, when the alarm was activated, staff did not get to the panel quickly to disable it.
Mr. Madison stated that he was not aware that they were assessed any fees. He acknowledged that in the information provided to him by Ms. Crain, it stated fees “could be” assessed. He stated that there was no indication in that information that fees were owed, or he would have paid them. He is requesting this case be dismissed.
Ms. Crain stated that she will accept reduced payment of the False Alarm fees and the administrative fee for this hearing.
Mr. Madison stated that he agrees with the reduced fines.
Special Magistrate Bills stated that the Respondent shall pay fine to the Lady Lake Police Department, in the amount of $300.00, which is the total of $50 for each of the six delinquent False Alarm Response fees assessed since January 27, 2023.
Respondent shall pay all costs associated with the case in the amount of $150, to the Town of Lady Lake. All costs shall be paid by 5:00 PM Tuesday, May 9, 2023, to bring the property into compliance to cure the violation cited. A copy of the full order will be mailed to the Respondent.
C. New Business
4. Case 22-8618 — 432 Fowler LN, Sun Water Oak Expansion, LLC; — Town of Lady Code of Ordinances Storm Water Regulations; Section 7-175, Best Management Practices; Section 7-177, Enforcement; Section 7-177(c), Cease & Desist; Section 7-177(d), Remediation & Restoration; Section7-177(e), Implementation of BMP’s; Town of Lady Lake Land Development Regulations, NPDES Stormwater Regulations Section 13-53, Industrial or Construction Activity Discharges; Section 13-54, Required Use of BMP’s; Section 13-56, Enforcement; Order of Enforcement (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Crain began her testimony by stating that Mr. Benefield is present and has been very cooperative.
Ms. Crain stated that this case began in March 2022 when the new construction project for erosion control and construction site compliance. She stated that there has been ongoing issues with silt runoff, failing silt fences, lack of silt fencing in areas, no barriers around trees, sediment being tracked from the construction site onto paved residential streets, and dirt piles not protected from erosion. She presented several photographs depicting these instances, along with photographs of damage to residential properties.
Staff recommendation: find the Respondents in violation of the Town of Lady Lake Land Development Regulations and Code of Ordinances sections cited; impose $150 administrative fee; require the Respondents to provide Hilltop Expansion Project’s contact for their Certified Stormwater Inspector; Establish the property owners are repeat offenders and any subsequent violation on any property owned by them will result in a Hearing Notice to the Special Magistrate. Allow the Respondent until May 7, 2023, to bring the property into complete compliance including payment of administrative fee and providing inspector contact or a fine of $250 per day will begin to accrue.
Ms. Crain advised that MaryAnn Krisovitch is present. She is the Town’s Stormwater Erosion Control Expert.
Joe Benefield, the construction manager for Atwell, and Atwell is the construction manager for Sun Communities.
Mr. Benefield stated that he can speak regarding the expansion project and that the stormwater efforts are conducted weekly. He admitted that it is difficult due to the size and elevation of the property. He stated that Ms. Crain is welcome to visit the site at any time and arranged to have her conduct a site visit soon. He stated that he can only advise the current community manager to make sure that all of the stormwater prevention plans are in place when the homes are being set.
Mr. Benefield stated that the roads are swept two or three times per week.
The Special Magistrate stated for the record that he has seen these cases in the past and empathizes with the developer. He stated these high standards are set by the state for good reason, yet he understands that it is difficult to keep on top of it.
The Special Magistrate stated that given the nature of the overwhelming amount of evidence via the photographs and testimony, an Order of Enforcement is warranted.
Special Magistrate Bills stated that the Respondent shall pay all costs associated with this matter in the amount of $150.00, and have until May 9, 2023, to bring the property into compliance, including payment of all costs, to cure the violation(s). Failure to bring the Property into compliance shall result in an Order of Fine being entered at the rate of $250.00 per day to commence on May 10, 2023, for each day the Property is not in compliance and continue to accrue at the daily rate until such time as the Property comes into compliance. A copy of the full order will be mailed to The Respondent. The Property Owners are established as Repeat offenders. Any future violations of the cited section in this Order will be repeat violations. A copy of the full order will be mailed to the Respondent.
5. Case 23-0060 — 225 Hogan Dr., Keith Cratty —Town of Lady Lake Land Development Regulations, Building; Section 16-52(a); Permit Required; Order of Enforcement; (Lori Crain)
This case has come into compliance.
6. Case 23-0154 — 213 Skyline Dr., Jose L. Gomez & Elvira M. Saldana — Town of Lady Lake Code of Ordinances, Nuisances, Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67, Trash, Weeds, Vegetations; Establish Repeat Offender; (Denise Williams)
This case has come into compliance.
7. Case 23-0250 — 989 S. 27/441. Fred Schweitz #2, LLC — Town of Lady Lake Land Development Regulations, Signs General Regulations Section 17-2, Permit Required; Temporary/Special Event Signs; Section 17-5(d), Banners, Feather Flags, etc.; Section 17-5(d)(1)(A), Number Multi-Tenant; Section 17-5(d)(2)(F), Quantity; Establish Repeat Offender; (Denise Williams)
Ms. Williams presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Williams testified that she has had several discussions regarding the signs and the lights with Mr. Schweitz and the tenants/restaurant owners. She stated that Ms. Jabbour inquired about having a second wood-framed sign or utilizing the existing frame and was advised that the property owner must submit an Owner Authorization Approval Letter, a permit application, and engineered plans for an additional wood-framed sign.
Ms. Williams conveyed to Ms. Jabbour that the existing sign was installed without Mr. Schweitz paying for and picking up the permit. Therefore, Ms. Jabbour could not apply for a face change or utilize the existing sign until Mr. Schweitz pays for and obtains the permit, and has it inspected.
She advised that the property owner and the tenants are present.
Staff recommendation: find the Respondent in violation of LDR Sections 17-2 & 17-5; impose $150 administrative fee to be paid by 5:00 PM, May 1, 2023 to the Town of Lady Lake. If the administrative fee is not paid by this date, an Order of Fine will be recommended at the May 23, 2023 Hearing. Further order that due to the number of violations of these sections that the Respondent be established as Repeat Offender and any future violations of the cited code sections will be repeat violations.
Fred Schweitz, the property owner, was sworn in prior to his testimony.
Mr. Schweitz stated that he does not know what the issue is with Alfee’s. He stated that he was trying to help them with their restaurant and, perhaps, they were not aware that they could not put up more signs. He stated he did not intentionally avoid the proper process.
Mayda Jabbour 13914 Wellington Lane, Grand Island, FL. She stated that they are new to Lady Lake, are trying to start up a restaurant and admitted to making mistakes that were addressed, as stated in Ms. Williams’ testimony. She stated that the sign permit has been issued. She stated that she understood from Growth Management staff that the rope lights were permitted because they were not permanent. She then received a communique from Ms. Williams that they were not permitted. She admitted that the rope lights were not removed immediately due to a death in the family.
Ms. Jabbour stated that before she purchased LED lights, she discussed the LED sign for the window with Ms. Wright and was advised of the size that the sign must be and that the writing must be in red. Ms. Williams contacted her after the sign was purchased and installed explaining that she was misinformed and that the sign was not permitted.
Ms. Jabbour asked that Town staff corroborate their information because she has spent a lot of money on lights based on the information given by Town staff.
Ms. Williams stated that she did not address the rope lights or the electronic message sign in her testimony. She stated that a fine is not being imposed; she is requesting to establish Repeat Offender status as there have been ongoing issues with Mr. Schweitz’s properties.
The Special Magistrate asked Ms. Williams to clarify the other sign issue noted in the backup documents.
Ms. Williams explained that the buildings on this property have different numbers yet share the same property alternate key number.
Special Magistrate Bills stated that the Respondent shall pay all costs associated with this matter in the amount of $150.00, to be paid by May 9, 2023. Failure to pay the administrative fee shall result in an Order of Fine being entered for the administrative fee which may become a lien against the property.
It is further ordered that any future violations of LDR Section 17-2 & Section 17-5 will be cited as repeat violations and the property owner as a repeat offender. A copy of the full order will be mailed to The Respondent.
8. Case 23-0367 — 212 Morningside Ave., Ronald Orr Life Estate — Town of Lady Lake Code of Ordinances, Nuisances, Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67, Trash Weeds, Vegetation; Town of Lady Lake Land Development Regulations, Tree Protection, Section 10-5(a)(1), Removal, Relocate, Destroy; Order of Enforcement (Denise Williams)
Ms. Williams presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Williams testified that progress has been made; the property remains noncompliant.
Staff recommendation: find the Respondents in violation of the cited codes; impose $150 administrative fee and allow the Respondent util May 9, 2023, to bring the property into compliance or a fine of $25 per day will begin to accrue until the property comes into complete compliance.
Ronald Orr, 212 Morningside Ave. stated that he felt as though that he had complied and has not cut a down tree, yet his neighbor had. He stated that his neighbor’s property is located at the rear of his property.
The Special Magistrate encouraged Mr. Orr to work with Code Enforcement to clarify what else needs to be done on the property.
Ms. Williams stated that at the last prehearing inspection she observed a wood panel fence and scaffolding. She stated that progress has been made yet there are remaining items that need to be removed.
Ms. Williams asked Mr. Orr if she could meet him onsite to inspect the property. She advised that if he is willing to meet with her and bring the property into compliance the administrative fee will be waived.
The Special Magistrate stressed to Mr. Orr that if his property does not come into compliance by May 16, 2023 date, the fines and fees will be imposed.
Mr. Orr stated that he understood.
Special Magistrate Bills stated that the Respondent shall have until 5:00 PM Tuesday May 16, 2023 to bring the property into compliance to cure the violations(s) described above. Failure to bring the Property into compliance shall result in an Order of Fine being entered at the rate of 25.00 per day to commence on May 17, 2023, for each day the Property is not in compliance and continue to accrue at the daily rate until such time as the Property comes into compliance. A copy of the full order will be mailed to The Respondent.
Other Business
Reschedule June and July Special Magistrate Hearing dates.
The June Special Magistrate hearing is cancelled.
The July Special Magistrate hearing is rescheduled to Tuesday, July 18, 2023 at 11:00 AM
Adjourn
There being no further business, the meeting adjourned at 12:55 p.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Deputy Town Clerk