Special Magistrate Hearing Minutes

6. Case 23-0316 — 841 S Hwy 27/441, Lady Lake Petro One, LLC; Lady Lake Mobil Station Town of Lady Lake Code of Ordinances Solid Waste Section 7-104, Mandatory Collection by Town/Franchise; Section 7-105, Authority and Regulations to be Enforced by Town Director of Public Works; Order of Enforcement (Lori Crain)

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

Ms. Crain testified that she received an email in January 2023 from a Waste Management representative that this establishment was not using a Waste Management dumpster.

Ms. Crain conducted a site inspection and observed the dumpster and that the current enclosure consisted of a dilapidated wood fence panel on one side. Per the Town’s code the dumpster must be enclosed on three sides.

Ms. Crain stated that after months of violation notices and no complete compliance by the Respondent, she made contact with the store management in April. Param contacted Ms. Crain advising her that the drive-thru sign and the feather banners had been removed. He stated that he would contact Waste Management to establish an account.

Ms. Crain advised that subsequent inspections showed the dumpster and enclosure area remained noncompliant. Contact from Waste Management advising that no account was established. The Public Works supervisor and she met on site to discuss the dumpster area with Param and what is required by the Town. Param requested Ms. Crain discuss this with his boss.

Ms. Crain stated that Mr. Suni contacted her, and she explained the requirement to contract Waste Management due to the franchise agreement with the Town of Lady Lake, and that the dumpster needs to be enclosed on three sides. Mr. Suni expressed his concern that Waste Management is more expensive.

Ms. Crain stated that Steve Fisher at Waste Management was able to contact the property owner and an account has been established.

The Special Magistrate asked which violation sections are still relevant.

Ms. Crain stated that the enclosure violation is still relevant. She stated that Solid Waste disposal in the Town is under the direction of the Public Works director, and it is required that they have an enclosure.

Staff recommendation is to find the Respondent in violation of sections stated, impose administrative fee of $150; allow until 8:00AM Tuesday, October 16, 2023, to bring the property into compliance or a fine of $250 per day will begin to accrue until complete compliance is obtained.

The Special Magistrate verified with Ms. Crain that the Respondent remains noncompliant with section 7-105.

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 8:00 AM October 16, 2023, to bring the property into compliance to cure the violation(s), including payment of all costs. The Respondents will receive a copy of the full Order.

7. Case 23-0551 — 210 Ann St., James A. Bennett — 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 Outside Storage Section 9-2(h)(1), Residential; Section 9-3(c)(1), Office Uses; Order of Enforcement (Denise Williams)

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

Ms. Williams stated that because of Mr. Bennett’s work schedule, she has provided him with several extensions to bring his property into compliance.

Staff recommendation: find Respondent in violation of the town of Lady Lake’s Code of Ordinances. Section 7-46, Section 7-67, and LDR Sections 9-2(h)(1) & 9-3(c)(1); impose administrative fee of $150; Allow the Respondent until October 9, 2023 to bring the property into compliance or a fine of $100 per day will begin to accrue until the property comes into complete compliance. If the property is not brought into complete compliance by this date or if the administrative fee is not paid by this date an Order of fine will be recommended at the October 24, 2023 Hearing.

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

James Bennett, owner 210 Ann St., stated that he travels for work. He stated that his elderly mother lives with him and that when he is home, he is there for a limited time. He advised that two vehicles will be gone tomorrow. He stated many of the items shown in the photographs presented by Ms. Williams are now gone.

Mr. Bennett stated that there was a tree in his backyard that had fallen twice, and he wanted it removed. After the first time the tree fell, he was told by Town staff that an arborist had to determine it was dead. He stated that he could not find an arborist who would give him that report. He stated that the tree fell on his house again. He expressed his frustration with working with Ms. Williams due to his work schedule.

The Special Magistrate acknowledged that Mr. Bennett’s situation is difficult yet has had several extensions.

The Special Magistrate confirmed with Ms. Williams if she agrees that two vehicles need to be removed.

Ms. Williams replied affirmatively and added that as of her last inspection on 09-13-23, there were still some miscellaneous items.

Mr. Bennett stated that many of these items have been removed.

The Special Magistrate acknowledged that the Respondent has made efforts to come into compliance.

The Special Magistrate stated that based on the evidence and testimony in this case the Respondent 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 on October 31, 2023, to bring the property into compliance, including payment of all costs, or a daily fine of $100 will begin to accrue on November 1, 2023, until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

8. Case 23-1129 — 445 Quail St., Robert A. Morgan — Town of Lady Lake Land Development Regulations Building Permit Section 16-52(a), Permit Required; Outside Storage Section 9-2(h)(1) Residential Uses; Home Occupations Section 9-3(d)(8), Restrictions; Order of Enforcement (Denise Williams)

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

As Ms. Williams began her testimony, there was a comment from the audience.

The Special Magistrate advised that they will have an opportunity to respond. He respectfully requested to not interrupt, or they will be removed and permitted to speak after.

Ms. Williams continued with her testimony.

Ms. Williams stated that the initial complaint was received in May 2023 regarding multiple inoperable vehicles on the property and that the property owner runs a business out of his home. She stated that there is a six-foot privacy fence around the entire property thus the inoperable vehicles and business materials are not visible. She stated that from the neighboring property she was able to see a bobcat or skid steer that was visible above the fence. She stated that she was also able to observe a new shed and a pole barn structure that were both installed without permits.

Ms. Williams stated that Ms. Crain sent an email to Mr. Morgan regarding the unpermitted structures. She advised that Mr. Morgan did not reply, and the code violation notices were sent via USPS mail. They were returned with a note, “Cease and Desist, Do Not Contact”.

Staff recommendation: find Respondent in violation of the Town of Lady Lake Land Development Regulations, Section 16-52(a), 9-2(h)(1) & 9-3(d)(8); impose administrative fee of $150 and allow the Respondents until October 9, 2023, to bring the property into compliance or a fine of $100 per day will begin to accrue until property comes into complete compliance. If the property is not brought into complete compliance by this date or if the administrative fee is not paid by this date, an Order of Fine will be recommended at the October 24, 2023, Hearing.

Robert of the Family Morgan stated that he is in care of 445 Quail St., and this is unconstitutional. He asked the Special Magistrate if he was getting paid for his services by Lady Lake.

The Special Magistrate answered affirmatively.

Mr. Morgan stated that this is a conflict of interest.

The Special Magistrate disagreed and asked Mr. Morgan to state his testimony.

Mr. Morgan stated for the record, that he believes the Special Magistrate signed an oath of office upholding the United States Constitution and asked for his BAR member number. He stated that he will have an intent to sue Lady Lake and the Special Magistrate.

The Special Magistrate advised Mr. Morgan that he could go to the circuit court with his intentions.

Mr. Morgan stated that having a skid steer on a trailer that leaves every day is not illegal, as they are registered, and he can have them on his property. He stated that because the Special Magistrate is paid by Lady Lake his interest is in their interest, not his. He stated that is not right; he is a citizen. He stated that his privacy fence is six-foot tall and requested the picture of his fence be shown.

The Special Magistrate stated that Mr. Morgan is not here in good faith.

Mr. Morgan stated that he does not understand what is wrong with a skid steer on his trailer, attached to his truck, both of which are registered to him, and that leaves the property daily.

Mr. Morgan stated that he does not understand needing a building permit for a shed that is not attached to anything and believes that is an extortion of money.

Mr. Morgan referenced the police officers who are present and noted that his case is the last to be presented.

Mr. Morgan stated that the pole barn has been on his property for seven years unnoticed and the privacy fence is permitted. He stated that he installed a privacy fence to make his own privacy. He stated that there is no expectation of privacy in public, but he made his own privacy therefore there is a privacy concern. He stated the majority of the fence is shown in the photographs. He stated that they are soliciting these by going on other people’s property to take pictures of his property. He stated that currently there is no truck on the property, and asked if there has been an inspection recently. He stated that the only thing there may be is a shed and asked if she was extorting him for a shed.

The Special Magistrate advised that the law requires a permit for a shed.

Mr. Morgan stated the law does not require it; the Constitution supersedes all of that.

The Special Magistrate stated that he would be willing to listen to Mr. Morgan if he had factual arguments to make.

Mr. Morgan stated that the information is inaccurate because one of the pictures is from May 2023. He asked what the picture looks like right now because if he goes there, then he will have to send a bill for representing himself today. He stated that he is already sending a bill to Lady Lake for that, certified mail for $1500 an hour.

The Special Magistrate stated that nothing has been said that is relevant to this case and asked Mr. Morgan to sit down.

Mr. Morgan stated that all of it is relevant.

He stated that it is all irrelevant and that he can stand as long as he wants.

He stated that the Special Magistrate can honor his oath and not make him file a lien on him.

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; Respondent shall have until 5:00 PM October 9, 2023 or a daily fine of $100 will begin to accrue October 10, 2023 and continue to accrue until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

9. Case 23-1223 — 322 Griffin View Dr., Obed Matos & Genevieve Ixa Matos, and Carlos Manuel Matos & Rosa Maria Matos — Town of Lady Lake Code of Ordinances Minimum Standards Section 20-19(f), Structures Free from Infestations; Fences, Walls in Good Conditions; Nuisances Section 7-67, Trash Weeds, Vegetation; Order of Enforcement (Denise Williams)

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

Ms. Williams stated that a code violation, Case 22-009200, was opened in November 2022 from a complaint of large leaf pile, mixed trash, and a damaged chain link fence on this property. In March 2023, the updated warranty deed showed that the property was sold in January 2023. She advised that the violations still existed.

Ms. Williams stated that subsequent violation notices were mailed to the new property owner beginning in May 2023, with no contact from the new property owners until August 2023. She stated that one of the property owners, Genevieve Matos, called to discuss the violations. She met with Ms. Matos on site to show where the violations were located. She stated that Ms. Matos was cooperative and advised that the violations be corrected.

Ms. Williams stated that as of her last inspection on September 12, 2023, the property remained noncompliant.

Staff recommendation: find Respondents in violation of the Town of Lady Lake’s Code of Ordinances, Section 20-19(f) & Section 7-67; impose administrative fee of $150 and allow the Respondents until October 9, 2023, to bring the property into compliance or a fine of $25 per day will begin to accrue until property comes into complete compliance. If the property is not brought into complete compliance by this date or if the administrative fee is not paid by this date, an Order of Fine will be recommended at the October 24, 2023 Hearing.

Genevieve Matos, owner of 322 Griffin View Dr., agreed with Ms. Williams’ testimony. She and her husband had a family tragedy in May and added that they have spent the past months cleaning what was later discovered as the incorrect area of the property. She stated that she contacted the survey company to confirm the property line. Ms. Matos presented a survey map that shows the fence is approximately four feet from their property line, and that the rubbish was thrown into their property from the adjoining property behind them. She noted that these neighbors have dogs and showed photographs of dog food bags in the rubbish in their yard.

Ms. Matos stated that they have made significant progress clearing the property to the back fence and to the side fence.

Ms. Matos presented the Special Magistrate with a survey of their property that shows the fences do not belong to them. She stated that once the property was cleared, it was evident from where the garbage was thrown.

The Special Magistrate called a five-minute recess to review the survey map with Ms. Matos and the arial photograph of the property.

Ms. Williams stated that she contacted and spoke with the adjoining property owner nearest to where the violation was found. She stated that they did not claim the fence was theirs. Therefore, this case was opened for Ms. Matos’ property because the leaf pile and trash were on her property.

Ms. Williams stated that she had not seen the property survey prior to today and recommended removing the fence violation.

Ms. Matos asked if the fine could be removed as well due to financial issues incurred purchasing lawn equipment.

Ms. Williams agreed to waive the $150 administrative fee.

The Special Magistrate stated the $150 administrative fee, and the fence violation will be removed from the order. He acknowledged that there is a trash issue that may continue. He encouraged the Matos family to continue to work with Code Enforcement.

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; Respondents shall have until 5:00 PM October 18, 2023, or a daily fine of $25.00 will begin to accrue October 19, 2023, and continue to accrue until such time as the property comes into compliance. The Respondent will receive a copy of the full Order.

10. Case 23-1410 — 710 N Hwy 27/441, ARG RALLAFL001, LLC/ Outback Steakhouse, Lady Lake — Town of Lady Lake Code of Ordinances — Alarms Section 8-200(a), Owner Responsibility; Section 8-200(b), False Alarm Cause Report; Section 8-201, Assessment of False Alarm Fee; Repeat Offender (Lori Crain)

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

Ms. Crain testified that the Respondent was established as Repeat Offender in Case 22-9257. She stated that she was notified of the latest false alarm incident at this property in June. She received an email from the property manager, Nate Butterworth, requesting their case be presented at the September Special Magistrate Hearing. Ms. Crain clarified to Mr. Butterworth that this case concerns repeat false burglar alarms, not fire alarms.

Ms. Crain stated that she received another false alarm report on August 28, 2023, and opened a separate case.

Staff recommendation: Find the Respondent in repeat violations of stated codes; assess $150 administrative fee and impose a fine in the amount of $250.00. Further order Respondents to pay a delinquent False Alarm fee of $50 to the Lady Lake Police Department and provide investigative findings and required report. Complete compliance must be obtained by 5:00 pm October 3, 2023.

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

Michelle Marlatt, 710 N Hwy 27/441 representing the landlord/the shopping center group, stated she contacted the owner of Outback when she was notified of the false alarms’ incidents. She stated the owner relayed to her that the alarm has been corrected and that a member of Outback staff will be present at today’s hearing. She stated that she wanted to ensure that they have corrected the issue, that they are taking a proactive approach to prevent future false alarm incidents, and that if the tenant does not pay the fines, the landlord will pay them and bill the tenant. She noted that per the lease it is the tenant’s responsibility to pay the fines.

Colleen Robertson, Outback representative, stated that she works on the property and that the triggered alarms were due to the delivery companies, who are being held responsible. She stated that she will be paying the fines.

Ms. Crain advised that the code states that the Respondent is required to also submit to the Lady Lake Police department an investigative report as to what triggered the alarms.

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 pay a fine of $250 to the Town of Lady Lake Code Enforcement; pay the delinquent False Alarm fee of $50.00 to the Lady Lake Police Department and provide the required findings of investigation report of cause of false alarm. The Respondents shall have until 5:00 PM October 3, 2023, to bring the property into compliance, including payment of all costs. The Respondent will receive a copy of the full Order.

11. Case 23-2268 — 989 S Hwy 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, Banners, Feather Flags, etc.; Prohibited Signs Section 17-7(a), Prohibited Signs; Section 17-7(a)(1), No Permit; Section 17-7(a)(12), Vehicle; Town of Lady Lake Code of Ordinances Vehicles, Parking & Obstructions Section 14-1, Right-of-Way Obstruction; Repeat Offender (Denise Williams)

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

Ms. Williams advised that she has had communique with Mayda Jabbour clarifying and explaining which signs and banners are permitted, and where they can be placed on the property.

Staff recommendation: enter an Order of Enforcement and find the Respondent in repeat violation of LDR Section 17-2 & 17-5, and Town of Lady Lake Code of Ordinances Section 14-1 & LDR Section 17-7; Impose administrative fee of $150.00; further order a fine in the amount of $200.00, which is the total amount accrued to date of the daily fine of $100, per each repeat violation observed. Respondent shall have until 5:00 PM, Monday October 9, 2023 to pay the fine and fees in full.

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

Mayda Jabbour, 989 Hwy 441, stated that she did not realize that it was a violation to hang a sign on her vehicle. She stated that Ms. Williams clarified to her that the sign on her vehicle needed to be shrink-wrapped and parked in a legal parking space, not by the road. She stated that she did not receive the first notice of violation.

Ms. Jabbour stated that she does not understand why Mr. Schweitz and Alfie’s Grill violations are combined.

Ms. Williams explained that Fred Schweitz is the owner of the entire property where Alfie’s Grill is, so the property identification number is the same. Therefore, if Mr. Schweitz is established as a repeat offender any other of his properties he owns with that same violation will be deemed a repeat violation.

The Special Magistrate verified with Ms. Williams that the property owner is the repeat offender, and Ms. Jabbour is the tenant.

Ms. Williams advised that the property owner is not present, and that he did receive the notice.

Ms. Jabbour clarified that the violation notices were addressed to the business, Alfie’s Grill. She stated that Mr. Schwietz did not know that he needed to attend.

The Special Magistrate clarified that the fine is for the car sign.

Ms. Williams explained that the property owner is in violation for a banner that was strapped to the car. She explained that the property owner was established as a repeat offender for the banner. She stated that the banner, regardless of where it is displayed, needs a permit, which they did not obtain.

Ms. Jabbour stated that she asked Ms. Williams if she could pay the fines instead of appearing today. She stated that this is delaying her opening her restaurant.

The Special Magistrate advised that technically the order before him lists the property owner, not the business owner. He stated that the property owner needed to be present.

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 Respondent shall pay a fine in the amount of $200.00 for repeat violation of the Order of Enforcement Case 23-000250 as entered on April 25, 2023. All fines and fees shall be paid by October 9, 2023. The Respondent will receive a copy of the full Order.

12. Case 23-2272 — 702 Summit St., Gulf Stream, LLC — Town of Lady Lake Code of Ordinances — Nuisances Section 7-46, Storage of Junk, etc., Prohibited; Town of Lady Lake Land Development Regulations — Outside Storage Section 9-2(h)(1), Residential Uses; Repeat Offender (Denise Williams)

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

Ms. Williams testified that the property owner, Gulf Stream, LLC, was established as a Repeat Offender for the cited code violations at a previous Special Magistrate hearing.

Ms. Williams stated that while in the area at the end of August 2023, she observed a trailer loaded with rocks was parked in the driveway. She stated that she observed the trailer again on August 29 and September 5.

Ms. Williams was able to discuss the violations with Ms. Flores, who argued that the was not in violation of any codes. She stated that Ms. Flores contacted her within a week explaining that the trailer was now empty and that she did not understand the reason the trailer was not permitted to be in the backyard. Ms. Williams stated that she explained to Ms. Flores that her property is zoned residential, and a large, heavy commercial trailer is not permitted. She explained to Ms. Flores that a small empty landscape trailer was permitted to be on the property; all other commercial equipment must be out of sight of public view.

Ms. Williams invited Ms. Flores to attend the Special Magistrate hearing if she disagreed with any of the violations.

Staff recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances, Section 7-46, and Town of Lady Lake Land Development Regulations Section 9-2(h)(1). Impose administrative fee of $150; Further order a fine in the amount of $2500.00, which is the total amount accrued by daily fine of $100.00, that began to accrue on 08/23/23 when the repeat violations were until 09/18/23, when the property was observed to be brought back into compliance. Allow the Respondent until 5:00PM Monday October 9, 2023 to pay the fine and fees in full to the Town of Lady Lake. If the fine and fees are not paid by this date, an Order of Fine will be recommended at the October 24, 2023 Hearing.

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 an Order of Enforcement is warranted. The Respondent shall pay all costs associated with this matter in the amount of $150.00; the Respondent shall pay a fine in the amount of $2500.00 for repeat violation of the Order of Enforcement Case 23-001170. All fines and fees shall be paid by October 9, 2023. The Respondents will receive a copy of the full Order.

13. Case 23-2296 — 710 N Hwy 27/441, ARG RALLAFL001, LLC — Town of Lady Lake Code of Ordinances Alarms Section 8-200(a), Owner Responsibility; Section 8-200(b), False Alarm Cause Report; Section 8-201, Assessment of False Alarm Fee; Repeat Offender (Lori Crain)

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

Ms. Crain stated this incident occurred in August 2023, as mentioned in Case 23-1410. She stated that the Rolling Acres Plaza property manager, Mr. Butterworth, advised her that Outback is responsible for this violation and has been notified to repair their burglar alarm system.

Staff Recommendation is to find the Respondent in repeat violation of stated codes: assess administrative fee of $150; impose fine in the amount of $500.00. Further order the Respondents to pay delinquent False Alarm Fee of $50 to the Lady Lake Police Department and provide investigative findings and required report. Complete compliance must be obtained by 5:00 PM October 03, 2023.

The Special Magistrate asked if the representatives present wished to speak regarding this case.

There was no official testimony from the representatives.

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 pay a fine of $500 to the Town of Lady Lake Code Enforcement, and pay delinquent False Alarm fee of $50 to the Lady Lake Police Department and provide the required findings of investigation report of cause of false alarm. The Respondents shall have until 5:00 PM October 3, 2023, to bring the property into compliance to cure the violation(s), including payment of all costs.

The Respondent will receive a copy of the full Order.