Special Magistrate Meeting Minutes
Minutes of the June 23, 2020 10:30 a.m.
Special Magistrate Meeting
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; Thad Carroll, Growth Management Director; Officer Higgins, Lady Lake Police Departments; and Carol Osborne, Staff Assistant to the Town Clerk
A. Call To Order
Valerie Fuchs, Special Magistrate, called the meeting to order at 10:30 a.m.
B. Pledge of Allegience
All present stood and recited the Pledge of Allegiance.
C. 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.
Explanation of Procedure
Special Magistrate Valerie Fuchs explained to the public that this is a quasi-judicial hearing, which means that she has not seen or heard any evidence or testimony from staff or outside parties, other than cases that have been continued from a public meeting, as this would be in violation of ex-parte rules. She explained that staff will present their case and testimony, and she will ask any questions she 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 she will render her decision on each of the cases.
D. Approval of Minutes
1. Minutes of the March 24, 2020 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of March 24, 2020 into the record as presented.
The Special Magistrate asked if there are any changes to the agenda.
Code Enforcement Officer, Lori Crain, advised that cases 20-7492 and 20-7500 have come into compliance since the agenda was published; all fines have been paid and these cases will not be heard today.
E. Old Business
2. Case 19-7279 — 132 S Highway 27/441, Rosan Realty, Inc. — Town of Lady Lake Code of Ordinances Chapter 8-26 — Business Tax Receipt required; Request for Hearing by property Owner on Fine Imposition
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office). This case was first heard on January 28, 2020.
Staff’s recommendation is to reduce the fine to $140, which is equal to 10% of total fine; impose an $87 Code Enforcement administrative fee, for a total of $227 payable to the Town of Lady Lake on or before July 3, 2020.
The Special Magistrate verified with Ms. Crain that she discussed the fine reduction with the property owners.
The Special Magistrate asked if there was anyone present who wished to speak on this case.
Miguel Coppola and Rosa Coppola, property owners 132 S. Highway 27/441, introduced themselves. Ms. Coppola thanked Ms. Crain for her assistance with this case.
The Special Magistrate verified with the property owners that they are aware of the fine reduction and are responsible for the administrative fee.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented on Case 19-7279, she is enforcing the Order of Fine in the reduced amount $140. The Special Magistrate stated the property owner has until July 3, 2020 to comply. The fine will be recorded as a lien if not paid. An $87.00 Code Enforcement administrative fee is imposed, to be paid within ten days of today’s hearing date.
F. New Business
3. Case 19-7325 — 1225 Padgett Circle, Claude and Brenda Ray; and Case 19-7326 — Mary Ann and Dave MacDonald — 1217 Padgett Circle — Town of Lady Lake Land Development Regulations Chapter 9-4(c)(3) — Fences and Walls Location (Lori Crain)
Ms. Crain presented the background summary for these agenda items (on file in the Clerk’s Office). She advised that the complainant is not present.
Staff’s recommendation is to determine if 1217 Padgett Circle is in violation of the Town of Lady Lake Land Development Regulations Chapter 9-4 (c)(3) — Fences and Walls Location. If property is found in violation, impose an $87 Code Enforcement administrative fee and afford the property owner or their agent until July 31, 2020 to successfully bring the property into compliance or a fine of $50 per day be assessed thereafter for each day the violation continues to exist; advise to renew fence Permit 19-1490 at earliest convenience and prior to scheduling inspection by the Town of Lady Lake building inspector.
The Special Magistrate advised that staff has not provided sufficient supporting documents to determine whether a violation exists.
The Special Magistrate asked if there was anyone present who wished to speak on this case.
Claude Ray of 1225 Padgett Circle stated that a surveyor determined on two occasions that there is no violation. He could not produce a survey.
David MacDonald, property owner of 1217 Padgett Circle, stated it was his understanding initially that the area in question is a right-of-way. He stated there is no right-of-way in the back yard. He stated it is a property line and asked for clarification of the code.
Ms. Crain stated the code also covers encroachment on another property.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents and photographs on Case 19-7325 and Case 19-7326, staff did not prove that a violation exists. These cases were dismissed.
4. Case 20-7339 — 1232 Padgett Circle — Lorontia C. Baker Carter — Town of Lady Lake Land Development Regulations Section 16-52(a) — Building Permit Required. (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the owners in violation of the Town of Lady Lake Land Development Regulations Chapter 16-52 — Building Permit Required; impose an $87 Code Enforcement administrative fee and afford the property owner or their agent until July 10, 2020 to successfully bring the property into compliance or a fine of $50 per day be assessed thereafter for each day the violation continues to exist.
Special Magistrate asked if there was anyone present who wished to speak on this case.
Lorontia Carter, property owner of 1232 Padgett Circle, stated that the contractor she hired conveyed to her that because he is located in another county, he cannot obtain the required permit. She requested assistance in obtaining the required permits.
The Special Magistrate stated that the Town codes are online and can be easily obtained by anyone to apply for permits.
Ms. Crain advised Ms. Carter to request information from Growth Management staff.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents and photographs on Case 20-7339, the property owner is found in violation of the Town of Lady Lake Land Development Chapter 16-52 — Building Permit Required. The Special Magistrate stated the property owner has until July 10, 2020 to come into compliance or a fine of $50 per day will be assessed thereafter for each day the violation continues to exist. The fine will be recorded as a lien if not paid. An $87 Code Enforcement administrative fee is imposed, to be paid within ten days of today’s hearing date.
5. Case 20-7350 — 217 S Hwy 27/441 — Jeffrey K. Grover — Town of Lady Lake Land Development Regulations Section 16-2(c) — Fire Codes; Section 7-47, Fire Hazards.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the owners in violation of the Town of Lady Lake Land Development Regulations Section 16-2(c) — Fire Codes; Code of Ordinances Section 7-47, Fire Hazards; impose an $87 Code Enforcement administrative fee and afford the property owner or their agent until July 15, 2020 to successfully bring the property into compliance or a fine of $100 per day be assessed thereafter for each day the violation continues to exist.
Special Magistrate asked if there was anyone present who wished to speak on this case.
Michelle Grover, 5060 Rishley Run Way, Mt. Dora, FL, 32757, representing the property owner at 217 S. Highway 27/441, stated the company they hired to remove the tires has been affected by the COVID-19 event and has not been able to remove the tires on a timely basis. She stated it was difficult to find a company to take the tires prior to the pandemic event and she did not refute the violation.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents and photographs on Case 20-7350, the property owner is found in violation of the Town of Lady Lake Land Development Regulations Section 16-2(c) — Fire Codes; Section 7-47, Fire Hazards. The Special Magistrate stated the property owner has until July 15, 2020 to come into compliance or a fine of $100 per day will be assessed thereafter for each day the violation continues to exist. The fine will be recorded as a lien if not paid. An $87.00 Code Enforcement administrative fee is imposed, to be paid within ten days of today’s hearing date.
6. Case 20-7489 — 104 Fourth Street, G & K Landscaping, Inc; Petra Hernandez owner — Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owner(s) in violation of the Town of Lady Lake Code of Ordinances Chapter 8, Licenses and Business Regulations; Article II — Business Tax Receipt, Section 8-26 — License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of ordinances Section 8-33; afford the business owner or their agent until July 3, 2020 to pay the delinquent business tax receipt amount of $37.98.
Special Magistrate asked if there was anyone present who wished to speak on this case.
Alejandro Morales of 4825 Marion County Road approached the podium and was sworn in. He stated that he no longer resides at the Lady Lake address. He stated he received the notices and did not refute the violation.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26 — License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $37.98; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee, to be paid within ten days of today’s hearing date.
7. Case 20-7408 — 356 S Hwy 27/441 — AA Castle, LLC — Town of Lady Lake Land Development Regulations Chapter 17 — Sign Regulations; Section 17-2 — Sign Permitting Requirements
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the owners in violation of the Town of Lady Lake Land Development Regulations Chapter 17 — Sign Regulations, Section 17-2 — Sign Permitting Requirements; impose an $87 Code Enforcement administrative fee and afford the property owner or their agent until July 15, 2020 to successfully bring the property into compliance or a fine of $100 per day be assessed thereafter for each day the violation continues to exist.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents and photographs on Case 20-7408, the property owner is found in violation of the Town of Lady Lake Land Development Regulations Chapter 17 — Sign Regulations, Section 17-2 — Permitting Requirements. The Special Magistrate stated the property owner has until July 15, 2020 to come into compliance or a fine of $100 per day will be assessed thereafter for each day the violation continues to exist. The fine will be recorded as a lien if not paid. An $87.00 Code Enforcement administrative fee is imposed, to be paid within ten days of today’s hearing date.
8. Case 20-7480 — 988 Bichara Blvd — Bonworth, Inc. — Town of lady Lake Code of Ordinances, Chapter 8 — Licenses and Business Regulations, Article II, Business Tax Receipt, Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owners in violation of the Town of Lady Lake Land Code of Ordinances Chapter 8 — Licenses and Business Regulations, Article II — Business Tax Receipt, Section 8-26, License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; afford the business owner or their agent until July 3, 2020 to pay the delinquent Business Tax Receipt amount of $53.16.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $53.16; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee to be paid within ten days of today’s hearing date.
9. Case 20-7485 — 428 Quail St — Down and Dirty Cleaning Services owner Tia Crosby — Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations, Article II, Business Tax Receipt; Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owner in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and business regulations, Article II, Business Tax Receipt, Section 8-26 — License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33 and afford the business owner or their agent until July 3, 2020 to pay the delinquent Business Tax Receipts in the amount of $75.96.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $75.96; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee to be paid within ten days of today’s hearing date.
10. Case 20-7488 — 986 Alverez Ave — Flippers Pizzeria — Town of lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations, Article II — Business Tax Receipts; Section 8-26, License Required to Engage in Business, Profession or Occupation
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owner in violation of the Town of Lady Lake Land Code of Ordinances Chapter 8 — Licenses and business regulations, Article II — Business Tax Receipt, Section 8-26, License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33 and afford the business owner or their agent until July 3, 2020 to pay the delinquent Business Tax Receipts in the amount of $167.13.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $167.13; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee to be paid within ten days of today’s hearing date.
11. Case 20-7491 — 309 W Magnolia Way — Hammer and Nail Full Scope Carpentry, Owner Christopher Leviti; Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owner(s) in violation of the Town of Lady Lake Code of Ordinances Chapter 8, Licenses and Business Regulations; Article II, Business Tax Receipt, Section 8-26 License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of ordinances Section 8-33; afford the business owner or their agent until July 3, 2020 to pay the delinquent business tax receipt amount of $37.98.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26 — License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $37.98; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee to be paid within ten days of today’s hearing date.
12. Case 20-7492 — 452 S Old Dixie Highway — Tiffany Hilfiker — Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
This case came into compliance after the agenda was posted and will not be heard.
13. Case 20-7493 — 809 Hwy 466, Bldg C, Unit 303 — Innova Wellness Spa, PA — Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is to find the business owner(s) in violation of the Town of Lady Lake Code of Ordinances Chapter 8, Licenses and Business Regulations; Article II — Business Tax Receipt, Section 8-26, License required to engage in business, profession or occupation; impose an $87 Code Enforcement administrative fee; $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; afford the business owner or their agent until July 3, 2020 to pay the delinquent business tax receipt amount of $53.16.
Special Magistrate asked if there was anyone present who wished to speak on this case. Seeing and hearing no one, she proceeded with her ruling.
Special Magistrate Valerie Fuchs stated that based on the sworn testimony and evidence presented, including documents on Case 20-7480, the business owner is found in violation of the Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation. The Special Magistrate stated the business owner has until July 3, 2020 to pay the delinquent business tax receipt of $53.16; impose a $250 penalty per the Town of Lady Lake Code of Ordinances Section 8-33; impose an $87.00 Code Enforcement administrative fee to be paid within ten days of today’s hearing date.
14. Case 20-7500 — 612 Third Ave — RMYE Crystal Clean; Owner Roberto Robledo — Town of lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
This case came into compliance after the agenda was posted and will not be heard.
15. 20 – 7504 — 217 S Hwy 27/441 — Tire Round-Up of Lady Lake, Owner Jeffrey Grover — Town of Lady Lake Code of Ordinances Chapter 8 — Licenses and Business Regulations; Section 8-26, License Required to Engage in Business, Profession or Occupation.
Ms. Crain stated she just received a receipt from the Clerk’s Office showing this case has just come into compliance; all fines have been paid. This case will not be heard.
G. Adjourn
There being no further business, the meeting adjourned at 12:23 p.m.
s/ Valerie Fuchs, Special Magistrate
s/ Carol Osborne, Staff Assistant to the Town Clerk
Minutes transcribed by Carol Osborne, Staff Assistant to the Town Clerk