Special Magistrate Hearing Minutes

2. 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; Other Section; Order of Fine (Lori Crain)

This case has come into compliance.

3. Case 23-0325 — 202 Longview Ave., Maria Solache and Christian Martinez — Town of Lady Lake Land Development Regulations Tree Protection Section 10-5(a), Prohibitions; Section 10-(a)(1), Removal, Relocate, Destroy, Permit Required; 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, Walls in Good Condition; Nuisances Section 7-67, Trash, Weeds, Vegetation; Order of Fine (Lori Crain)

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

Ms. Crain stated that the Respondent paid and obtained the tree permit and paid the administration fee for the Order of Enforcement Hearing on July 11, 2023. She advised that the Respondent has not applied for the shed permit. She stated that she attempted to contact him August 9^th to remind him that the fees were due and that the daily fine would begin to accrue, and he did not answer her call and did not have voicemail set up.

Ms. Crain advised that to date the Respondent has not applied for the after-the-fact shed permit.

Staff recommendation is to find the Respondents in violation of the Order of Enforcement dated 07/11-23; impose an administrative fee of $150 and enter an Order of Fine in the amount of $700, which is the total amount accrued and due to date of the daily fine of $50 that began to accrue on August 8, 2023. The fine will continue to accrue at that rate until full compliance is obtained. Fine and fees to be paid in full to the Town of Lady Lake by 5:00 PM, Tuesday, September 12, 2023, or all will be recorded as a lien against the property.

The Special Magistrate verified that the Respondent just needs a permit.

Ms. Crain replied affirmatively and stated that the Respondent has indicated that he cannot find the specs of the shed.

The Special Magistrate asked what the Respondents’ options are to bring the property into compliance.

Ms. Crain advised that the Respondents have been informed that if they do not obtain the required permit, the shed must be removed.

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 fine in the amount of $50.00, per day commencing on August 8, 2023, for each day the property is not in compliance and shall continue to accrue at the daily rate util such time as the property is brought into compliance. Respondents shall pay all costs associated with this matter in the amount of $150.00; all fines and fees shall be paid by 5:00 PM September 12, 2023. The Respondents will receive a copy of the full Order.

4. Case 23-1524 — 1199 Kenton St., ROIB SFR Lake Ella LLC — Town of Lady Lake Land Development Regulations — NPDES Stormwater Regulations Section 13-54, Required Use of BMPs; Section 13-7(f), Property Owner/Agent Responsible; Order of Fine (Lori Crain)

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

Ms. Crain testified that she has been in contact with Mr. Clapp since the Order of Enforcement was entered into on July 11, 2023. She stated that Mr. Clapp contacted her via email on August 2, 2023, requesting reinspection and he will be on site. Mr. Clapp advised of additional measures and repairs and seemed confident that this will remedy the faults until the final sod is completed.

Ms. Crain stated that the inspection failed, and she emailed Mr. Clapp of several violations that needed corrections. She advised that she and Mr. Clapp met on site with the General Contractor, Mr. Valazquez, the Project Engineer, Don Hughey and Jorge. She stated that they spent a significant amount of time on site identifying areas that needed restoration.

Ms. Crain stated that upon her instruction, Mr. Hughey submitted a conceptual drawing of a retaining wall for the existing grading scheme.

Ms. Crain advised that she and the Town’s Senior Planner, Wendy Then, discussed an action plan of what the Town needs to have in future storm water control measures and prevention, and spoke with Mr. Cevarr, the storm water consultant contracted by Mr. Clapp requesting that the recommended inlet, drain sox and fabric covers be monitored, maintained and changed. Mr. Cevarr confirmed that this would be done, that he is on site every Wednesday and provides a report to Mr. Clapp via email. He stated that the report is added to the SWPPP book on site and noted that there is a one-week lapse in reports.

Ms. Crain advised that Mr. Valazquez presented her with photos on his phone of the clean-up and grading of the accumulated sediment. She stated that she could see many of the problem areas had been addressed yet Mr. Valazquez could not attest if the drain and inlet sox and fabric had been replaced.

Ms. Crain stated that she conducted a site inspection on 08/21/2023, and found several areas of noncompliance, which were reported to Jorge on site who took photographs. She advised him that the property needs to be kept mowed approximately every two weeks, and that someone must walk the areas along the silt fence at least once a week if not every day to look for any deficiencies.

Staff recommendation is to find the Respondent in violation of the Order of Enforcement on Repeat Violation, dated 07/11/23; impose administrative fee of $150 in addition to the unpaid administrative fee from the Order of Enforcement hearing and enter an Order of Fine in an amount negotiated and agreed upon between Respondent and the Town or as ordered by Magistrate. The total amount accrued and due to date of the daily fine of $1500 that began to accrue on 06/19/23 is $96,000. The daily fine will continue to accrue at the same rate until full compliance is obtained. Full and complete compliance shall include the submission of proposed modified plans to address solutions to the slopes, elevation differences and future assurance of operation of the storm water conveyance system. Compliance also requires Respondent to submit a signed agreement between affected property owners and Respondent on repairing damage to the affected properties. Fine and fees to be paid in full to the Town of Lady Lake by 5:00 PM Tuesday, September 12, 2023, or all will be recorded as a lien against the property.

The Special Magistrate stated for the record that there is no one 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. The Respondent shall pay fine in the amount of $96,000.00, as a result of the previously ordered $1500.00 that commenced on June 19, 2023. The daily fine shall continue to accrue at the daily rate of $1500.00 until such time as the property is brought into compliance. Respondent shall pay all costs associated with this matter in the amount of $150.00, in addition to the unpaid $150.00 administrative fee imposed at the Order of Enforcement hearing. All fines and costs shall be paid on or before 5:00 PM September 12, 2023, or will result in a lien against the property and owner. The Respondents will receive a copy of the full Order.

5. Case 23-1663 — 1635 Lake Ella Rd., Green Key Village, LLC; Repeat Offender — Town of Lady Lake Land Development Regulations, NPDES Stormwater Regulations Section 13-52, Discharge Prohibitions; Section 13-54 Required Use of BMPs; Section 13-7 (c), Standard Practices; Section 13-7(f), Property Owner/Agent Responsible; Section 13-56, Enforcement; Order of Fine (Lori Crain)

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

She stated that she has received a complaint from a resident on Fiesta Key Circle and a resident on Bahia Honda Key Dr. both regarding sediment on their property, and one property experiencing flooding during rain events.

Ms. Crain stated that while performing a site inspection, she observed streets with large areas of accumulated sand, dirt, and sediment, along with unbarricaded inlets. At Bahia Honda Key Dr., she stated that she observed areas in and around the complainant’s property of erosion and poor drainage due to the lack of Best Management Practices from the active construction sites. She stated that per the residents they were told that a retaining wall on the original plans to be constructed between the houses on Bahia Honda Key and the future homes to be constructed.

Ms. Crain stated that these residents told her that Mr. Thomas advised them that the wall was no longer part of the plan. Ms. Crain verified that the retaining wall was included in the original plans.

Ms. Crain stated that she has fulfilled the public records request from the property owner, Greg Thomas, requesting photos and the complaints from the residents.

Ms. Crain stated that she was copied on emails between Green Key Village project engineer, Keith Riddle and Senior Planner Wendy Then regarding the retaining walls on the current construction plans. Ms. Crain advised that Mr. Thomas has submitted modified plans and paid the application fee.

Staff recommendation is to find the Respondent in violation of sections stated as repeat violations; impose $150 administrative fee and allow Respondent until September 12, 2023, to bring the property into compliance. Further order a daily fine of $250 began to accrue on 06/28/23 when this case was opened and will continue to accrue at that daily rate until such time as the property comes into compliance.

The Special Magistrate asked if the property owner is present to speak regarding this case.

Greg Thomas, president of Green Key Village, LLC, Green Key Village HOA, Main Sail Solutions, and a resident at Green Key Village, presented the Special Magistrate with copies of pictures and maps, and referred to these during his testimony.

Mr. Thomas explained that the topography of Fiesta Key Circle shows an elevation of 43 feet or 1,000 lineal feet. As a guide, he stated that it is very difficult to keep water from flowing downhill. Referring to pictures, Mr. Thomas stated that soon after installing the silt fence, a one-half to two-inch rainfall blew over the silt fence. He advised that the road was cleaned after that incident.

Mr. Thomas stated that prior to installing sod, drains need to be cut off. He stated that crews were in the process of cutting off the drains below the ground along Bahia Honda Key Drive. He stated that there are incidents where work is in process when Ms. Crain conducts site visits. He stated it is difficult to make properties look perfect while they are being constructed.

Mr. Thomas stated that he is under a development order, developing the lots, installing utilities, and reiterated that proper silt fence does not hold during a major rainfall. He stated that he is doing his best to address these issues as they arise.

Mr. Thomas stressed that he would not intentionally sabotage a multi-million-dollar project.

The Special Magistrate stated for the record that Mr. Thomas submitted approximately 16 photographs along with papers showing a portion of the site plan.

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

Sandra Flori, 1117 Fiesta Key Circle, stated that since construction began in February, she has been trying to reach Mr. Thomas to come out and address the issues that they have been experiencing. She stated that he came when he received a letter from Ms. Crain.

Ms. Flori presented the Special Magistrate with photographs of the erosion behind her fence. She stated that when she took a picture behind the fence, she noticed that her fence was damaged.

Ms. Flori stated that she had been advised that Green Key Village is being reshaped. She stated that dirt was extended beyond her property line; she presented pictures of the property prior to work and after. She stated that this property is now elevated and that when it rains the water flows into her property.

The Special Magistrate verified with Ms. Flori that it is her testimony that she is experiencing intrusion of dirt, sand, and water onto her property.

The Special Magistrate stated for the record that he was presented with pictures.

Maria Bartman, 1148 Bahia Honda Key Dr., stated that her main issue has been with drainage.

The Special Magistrate clarified with Ms. Bartman that the folder she handed him is regarding this issue.

Ms. Bartman answered affirmatively adding that the contents are centered around an ongoing drainage issue that has impacted the driveway and the cement pavers. She stated that the drains are not performing correctly, and the ongoing construction has affected this issue.

Ms. Bartman stated that a drain channel was installed in the driveway last September to aid with the water pooling. She acknowledged that it has made a slight improvement yet the roof gutter and the drain channel feed into this and it overflows into the yard. She noted that some of the pictures she presented reflect signs of the driveway sinking and the erosion due to the amount of stagnant water not draining correctly in addition to the rainfall from the sloping property. She stated that all the vegetation has been removed and the land has been altered causing a significant amount of flooding in the back yard.

Ms. Bartman reiterated that the original drains were not installed correctly by the builder because the water drains into the middle of the yard instead of away from the yard. This has affected her yard and the neighboring yard.

Ms. Bartman stated that she and her neighbors have discussed this issue and believe additional piping from the drains in their yards connecting to the catch basins that Mr. Thomas recently installed behind their properties would correct the drainage issue. She stated that Mr. Thomas agreed to do this for one of the neighbors. Ms. Bartman stated that he entered her property without her permission, dug a trench to address the neighbor’s issue and did not repair her property.

Ms. Bartman stated that she and the neighbors would appreciate more communication from Mr. Thomas.

The Special Magistrate confirmed with Ms. Bartman that the photographs she presented are of her property.

The Special Magistrate stated for the record that he will only address the storm water erosion issue presented by the Code Enforcement Officer, even though other issues have been brought up.

The Special Magistrate asked Mr. Thomas to speak regarding the residents’ concerns.

Mr. Thomas stated that the retaining wall was included in the print. He noted that construction plans on developments are not always set in stone. He stated that he recently submitted revised plans showing that the wall was removed. He advised that it was determined that the issue can be addressed with grading.

Mr. Thomas stated that the area behind the wall was four feet down and the engineer redesigned the retention pond, the area was graded down to the lot line, the area was sodded, and a silt fence installed. He stated that there was no erosion onto the Flori’s property.

Mr. Thomas stated that he was not notified that the fines began accruing in July. It was his understanding that he had until today to present his case. He stated that if Ms. Crain had relayed to him that she would work with him, he would have notified her to conduct site visits.

Mr. Thomas stressed that he attempts to fix the issues and to prevent them. He stated that he is in the process of construction on a hill that is 43 feet high, and erosion is going to happen. He stated that he maintains the roads until they are turned over to the HOA. He stressed that he is trying his best to stay on top of this.

Ms. Crain stated that the violation and hearing notices that are sent state a fine of up to $500 per day can be assessed. She added that per statute 162 she can request a fine for repeat violation as soon as she sees a violation. She stated that the Town’s senior planner is present.

Senior Planner Wendy Then stated for the record that the town is in receipt of the revised plans where the applicant is removing some retaining wall. She clarified that the submittal of those plans is under review. She advised that there may be additional items the town engineer may require to ensure that the removal of this retaining wall does not adversely impact the grading or drainage to adjacent property owners. She stated that any physical issues of erosion or sediment are exclusive to the submittal of those plans. The remediation that currently exists at this site does not exclude Mr. Thomas from taking care of that because he submitted revised plans.

The Special Magistrate stated that he understands the developer’s plight to keep erosion from occurring, yet it is required under state statute as well as the Town’s code to keep it in check. He stated that the photographs clearly show that this has not been the 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. The Respondent shall have until 5:00 PM September 12, 2023, to bring the property into compliance, including payment of all costs. A daily fine of $250.00 per day that commenced on June 27,  2023, shall continue to accrue at the daily rate until such time as the Property comes into complete compliance for this repeat violation of the Order of Enforcement entered on September 27, 2022. The Respondent will receive a copy of the full Order.