Special Magistrate Hearing Minutes

2. Case 22-8546 — 1051 South 27/441, R & S Professional Plaza, LLC — Town of Lady Lake Code of Ordinances — Nuisances, Section 20-24(b), Property Adjacent to Dwellings; Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67, Trash, Weeds, Vegetations. Commercial Minimum Standards — Section 20-51(a)(1), Dead Trees/Limbs; Section 20-51(j), Disposal of Garbage, Trash, etc.; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item.

Ms. Crain testified that in February 2022, she received a verbal complaint from Sgt. Reyes of the Lady Lake Police department of ongoing incidents with a homeless camp established on this property. She stated that there was also a code enforcement case in 2020.

Ms. Crain testified that she has had continuing contact with the property owner, Dr. Sandeep Thaper, and the property manager, Cliff Tweetin, advising them of when violations occur and suggestions to cure certain violations. Ms. Crain advised that Dr. Thaper stated that he does not live at the property and cannot control that people are continually dumping items there. She stated that Dr. Thaper has shown consistent effort to clean and maintain this property by obtaining a fence permit and installing a fence and clearing the property of debris.

Staff recommendation: Find Respondent was in violation of all sections stated until 07/10/23 when full compliance was obtained and assess $150 administrative fee that shall be paid to the Town of Lady Lake by 6:00 PM Monday, July 24, 2023.

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

Mala Gupta, co-owner of R &S Professional Plaza was sworn in prior to testifying.

Minlakshmi Thaper, co-owner of the property was sworn in prior to testifying.

Ms. Gupta stated that they realize that this issue has been persistent. She stated that once the property is cleaned, more trash is dumped there. She asked for help from the Town on how to prevent it and suggested more surveillance of the area, so this does not keep happening.

Ms. Gupta stated that a six-foot fence has been installed along the front of the property, and an eight-foot fence has been installed along the rest of the property.

The Special Magistrate acknowledged the efforts of the property owners. He stated that the legal responsibility of the property lies with the property owner.

Ms. Gupta stated that a fence has been installed yet does not know how to prevent people from climbing over it onto their property. She stated that “No Trespassing” signs have been placed along the property, and asked if there could be more patrol in that area.

The Special Magistrate stated that the Town recognizes their predicament and is not assessing any fines; just the administrative fee of $150.00.

The Special Magistrate stated that in Ms. Crain’s testimony, she suggested having the property monitored on a monthly basis.

Ms. Gupta stated that they are requesting help from the Town as they are very high taxpayers.

Ms. Crain suggested to Ms. Gupta and Ms. Thaper to discuss this issue with the Town’s police department and request additional patrol in that area.

The Special Magistrate stated that based on the evidence and testimony in this case the Respondents have been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00, that shall be paid on or before 5:00 PM July 24, 2023, or will result in a lien against the property and owner. The Respondents will receive a copy of the full Order.

3. Case 22-8799 — 406 HWY 466, Imagine Properties of Lake County, Inc. — Town of Lady Lake Code of Ordinances — Commercial Minimum Standards, Section 20-51(a)(1), Dead Trees/Limbs. Town of Lady Lake Land Development Regulations — Landscaping Requirements, Section 10-3(j)(1, 2, 3, 4), Maintenance; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item.

Ms. Crain stated that this property was developed in 2022 and, upon noticing the damaged trees, decided not to contact the property owner immediately to see if they would replace the trees on their own. She testified to several communiques with the property owner beginning in December 2022 where they agreed to replace the trees by the end of March 2023 when the weather was warmer.

Ms. Crain stated that subsequent inspections of the property in April and May showed no compliance.

Staff recommendation: find Respondent in violation of the codes and land regulations as stated; assess a $150 administrative fee, and allow Respondent until 5:00 PM, Tuesday, August 1, 2023, to obtain compliance or $100/day fine will begin to accrue until such time as property comes into complete compliance.

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

The Special Magistrate stated that based on the evidence and testimony in this case the Respondent has been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00, that shall be paid on or before 5:00 PM August 1, 2023 or a daily fine of $100 will begin to accrue August 2, 2023 and continue to accrue until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

4. Case 23-0325 — 202 Longview Ave., Maria Solache and Cristian Martinez — Town of Lady Lake Land Development Regulations — Tree Protection Section 10-5(a), Prohibitions; Section 10-5(a)(1), Removal, Relocate, Destroy; Building permit Section 16-52(a), Permit Required; Town of Lady Lake Code of Ordinances — Minimum Standards, General Structures Specifications Section 20-19(f), Structures Free From Infestation; Fences, Wall in Good Condition; Nuisances, Section 7-67, Trash Weeds, Vegetation; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item.

Ms. Crain testified that in February 2023, she was notified by Town of Lady Lake Streets Supervisor, Ted Williams, that damage was done to the street in front of this property due to heavy equipment used during tree trimming and removal and must be repaired to the Town’s specifications. She stated that she observed the street damage and a large, bifurcated tree trunk that had been hat-racked. Subsequent site visits showed more large trees had been removed, an old shed had been removed and replaced with a new shed, fence was in disrepair, damage to the street and overgrowth. She verified with the Town’s building department that no after-the-fact permit applications had been submitted.

Ms. Crain stated that the property owner, Cristian Martinez, contacted her after receiving a certified letter, and she explained what needed to be done to cure the violations. She stated that Mr. Martinez came to the building department to obtain an after-the-fact tree removal permit and was advised exactly what needed to be done to bring the property into compliance.

To date the after-the-fact shed and tree removal permits is still waiting submission and payment; the fence has been repaired; all other violations still exist.

Staff recommendation: Find Respondents in violation of all Ordinances and Regulations stated, assess $150 administrative fee; and allow until August 7, 2023, to bring the property into compliance or a daily fine of $50 will begin to accrue until such time as the property comes into complete compliance.

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

Christian Martinez, 202 Longview Ave., stated that the vegetation and fence issues have been cured. He stated that the tree was leaning on the power line and that when he reported this, he was advised that because the tree was located on his property, it was his responsibility to remove it. He stated that he was not aware that he needed a tree removal permit.

Ms. Crain verified that once the permit fees have been paid, it will clear the violations.

The Special Magistrate stated that based on the evidence and testimony in this case the Respondents have been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00, that shall be paid on or before 5:00 PM August 7, 2023, or a daily fine of $50 will begin to accrue August 8, 2023, and will continue to accrue until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

5. Case 23-0331 — 242 Oak Hill Rd., Technology Development Consultants, LLC, Trustee — Town of Lady Lake Code of Ordinances — Minimum Standards, Maintenance/Appearance Section 20-20(a)(5), Vacant Property Secured; Responsibilities of Owners Section 20-23 (b)(8), Disposal of Waste; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item.

Ms. Crain testified that there had been a case open for this vacant property in 2022; the violations were cured once the violation notice was received by the new property owner and their property manager, Angelica Concepcion, contacted Code Enforcement.

Ms. Crain stated in January 2023, she received a complaint for this property of mildew on the exterior of the house. She stated that she had some communication with Ms. Concepcion and for the next few months regarding all the violations observed on the property, i.e. high grass, weeds, tree debris, mold/mildew on the exterior of the house, first floor windows and doors not boarded, a dead tree and a canopy frame in the rear yard.

Ms. Crain testified that she has not had any contact with the property manager since March 21, 2023.

Staff recommendation: Find the Respondents in violation of ordinances and regulations as stated; assess $150 administrative fee and allow Respondent until July 31, 2023, to bring the property into compliance or a daily fine in the amount of $250 will begin to accrue until such time as property obtains complete compliance.

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

The Special Magistrate stated that based on the evidence and testimony in this case the Respondents have been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00. The Respondent shall have until 5:00 PM July 31, 2023, to bring the property into compliance or a daily fine of $250 will begin to accrue August 1, 2023 and will continue to accrue until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

6. Case 23-0519 — 802 High St., Ivan M. Reyes & Jessica Groover — Town of Lady Lake Code of Ordinances — Minimum Standards, General Structure Specifications Section 20-19(a)(1), Weatherproof & Watertight; Section 20-19(f), Structures Free from Infestations; Fences, Walls in Good Condition; Minimum Standards Maintenance/Appearance Section 20-20(a)(1), Exterior Surfaces Maintained Adequately; Nuisances Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67, Trash, Weeds, Vegetation; Order of Enforcement (Denise Williams)

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

Staff recommendation: find the Respondents in violation of the Town of Lady Lake Code of Ordinances, Section 7-46, Section 7-67, Section 20-19(a)(1), and Section 20-20(a)(1) and impose an administrative fee of $150 and allow the Respondents until July 24, 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.

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

Jessica Groover, owner 802 High St., stated that she has done her best to clean up the property and is having difficulty with the tenant to maintain the property. She acknowledged that as the property owner, she is ultimately responsible for the property.

The Special Magistrate advised Ms. Groover that under the law she is responsible for the property and if fines are imposed, she is responsible to pay them.

The Special Magistrate stated that there will be a grace period to bring the property into compliance and encouraged her to work with the Town’s code enforcement department.

The Special Magistrate stated that that based on the evidence and testimony in this case the Respondents have been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00; the Respondents have until 5:00 PM July 24, 2023 to bring the property into compliance or a daily fine of $25 will begin to accrue on July 25, 2023, and will continue to accrue until such time as the property comes into compliance. The Respondents will receive a copy of the full Order.

7. Case 23-1524 — 1199 Kenton St., ROIB SFR Lake Ella, LLC — Town of Lady Lake Land Development Regulations — Section 13-7(f), Sediment/Erosion Control; Section 13-54, Requirement to Use Best Management Practices; Section 13-56, Enforcement; Order of Enforcement on 4^th Repeat Violations (Lori Crain)

Ms. Crain presented the background summary for this agenda item, June 15, 2023, through July 10, 2023.

Ms. Crain testified that she advised the property owner, Brian Clapp, of the complaints and violations. She stated that she also received a letter and photos from the Hidden Oaks HOA Board of Directors informing her of high grass and overgrowth of weeds and another breach of Lake Ella Estates’ construction onto HOA property.

Ms. Crain stated that she advised Mr. Clapp regarding curing these violations and informed him that a daily fine of $500 will begin to accrue until all property is in compliance. She stated that Mr. Clapp has retained Aaron Cevarr as a consultant for storm water and erosion control on the Lake Ella Estates development project.

Ms. Crain advised that Town of Lady Lake Senior Planner, Wendy Then, and Code Enforcement Officer assistant, Denise Williams, conducted site inspections and found evidence of noncompliance in multiple areas, along with multiple violations of trash left on the jobsite — some of which had blown onto a neighboring property, dilapidated or non-present silt fence, storm drains that were not properly barricaded, weeds and unsightly overgrowth. Ms. Crain advised that Ms. Williams notified Mr. Clapp and Mr. Cevarr of the inspection results, including several photos depicting the violations.

Ms. Crain stated that Ms. Then and Ms. Williams met with Mr. Cevarr at the Lake Ella Estates construction site. She stated that Mr. Cevarr explained that he is a third-party inspector and consultant, and is not managing the silt fence, erosion, and stormwater control. Mr. Cevarr explained that after each site inspection, his written report is put in the Stormwater Pollution Prevention Plan book that should be on the job site and available for inspection and review at any time, which is required by the State of Florida DEP. He stated that this book has not been on the job site when he has conducted site inspections and has relayed this to Mr. Clapp along with reminding him that this is a state requirement.

Ms. Crain stated that Ms. Williams spoke with the Florida Silt Fencing on-site supervisor, Travis O’Donnell, who advised her that he was unsure how to repair the silt fencing and was not certain that it was possible to repair the bottom of the slope behind the lift station. He explained that he is not able to get the trencher in that area to correctly reinstall the silt fencing due to the large amount of debris and broken hay bales in the path.

Ms. Crain advised that on June 21, 2023, Ms. Williams sent an email to Mr. Clapp informing him that Florida Silt Fencing contracting was onsite and making progress installing silt fencing. Ms. Williams requested the name of the supervisor who ensures the corrections are being made daily and she attached additional photos of areas needing repair. Ms. Williams informed Mr. Clapp that there are additional areas of erosion and lack of sediment control. She advised Mr. Clapp that if the deficient areas are not corrected, the Town will take action which could result in “Stop Work Order” being issued, along with fines and withholding future inspections.

Ms. Crain advised that subsequent site inspections were conducted showing non-compliance, and no contact from Mr. Clapp or anyone requesting inspections to determine or confirm compliance. She stated that no “Plan of Action” has been received, and the erosion, silt fence replacement, sediment control and cleanup, trash removal, sidewalk removal and replacement, weeds and tall grass mowed and maintained.

Staff recommendation: Find Respondent in violation of the stated sections as a fourth repeat violation; impose $150 administrative fee; and a fine of $33,000.00 which is the total to date of the accrued fine of $1500/day ($500 per each of three properties that have been affected by the repeat violations) that began to accrue on 06/19/23. The fine will continue to accrue at the daily rate until such time as the properties come into complete compliance. Compliance will include remedial action to the properties affected by erosion of sediment, water, and placement of trash from the construction site to these affected properties. Further order that due to the Respondent’s chronic failure to maintain compliance, resulting in a fifth violation in three years. He Town of Lady Lake may seek recourse by issuing “Stop Work Orders” and/or withholding requested inspections until compliance is obtained, maintained, and confirmed by Town of Lady Lake Code Enforcement Department, Building Department, Growth Management Department and Public Works Department.

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

The Special Magistrate stated that that based on the evidence and testimony in this case the Respondent has been found in violation of the cited codes and shall pay all costs associated with this matter in the amount of $150.00; the Respondent shall have until 5:00 PM August 10, 2023 to bring the properties into compliance, including payment of all costs or a daily fine of $1500 that commenced on June 19, 2023,  shall continue to accrue at the daily rate until such time as the properties are brought into complete compliance for this fourth repeat violation of the Order of Enforcement entered in Code Enforcement case 21-8195, on September 28, 2021. The Respondents will receive a copy of the full Order.