Special Magistrate Meeting Minutes
Minutes of the October 27, 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 September 22, 2020 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of September 22, 2020 into the record as presented.
Code Enforcement Officer Lori Crain stated Agenda Item 4, Case 20-7550, and Agenda Item 6, Case 20-7584, will be presented first as there are representatives present regarding these cases.
E. Old Business
2. Case 20-7432 – 309 Magnolia Way, Christopher E. Leviti – Town of lady Lake Land Development Regulations Section 16-54(b)(2) – Expired Building Permit — Order of Fine (Lori Crain)
Ms. Crain presented the background summary for this agenda items (on file in the Clerk’s Office).
Staff’s recommendation to the Special Magistrate is to find respondent has not complied with the Order of Enforcement dated July 28, 2020 and to enter an Order of Fine in this matter.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the information provided through the evidence and testimony regarding this case, the respondent has not complied with the Order of Enforcement dated July 28, 2020 and executed the Order of Fine for Case 20-7432. He stated that the respondent was properly served with noticed of these proceedings. The respondent shall pay a fine of $50.00 per day commencing August 21, 2020 for each day that the property is not incompliance and shall continue to accrue at the daily rate of $50.00 until such time as the property is brought into compliance. The respondent shall pay costs associated with the case in the amount of $87.00 to be paid within 30 days of the date of this order. The Town Clerk is hereby ordered to record a certified copy of this Order of Fine. The respondent will receive a copy of this order.
Case 20-7452 — 440 Alma St. — Sherry Reeves Estate — Town of Lady Lake Code of Ordinances Chapter 7 — Health and Sanitation; Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; Chapter 20 — Community Preservation; Section 20-20(a)(1) — Maintenance and Appearance Standards Exterior Maintenance; and Section 20-19(f) — Order of Fine (Lori Crain)
Ms. Crain presented the background summary for this agenda items (on file in the Clerk’s Office).
Staff’s recommendation to the Special Magistrate is to find the respondent has not complied with the Order of Enforcement dated July 29, 2020 and to enter an Order of Fine in this matter.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the information provided through the evidence and testimony regarding this case, the respondent has not complied with the Order of Enforcement dated July 28, 2020 and executed the Order of Fine for Case 20-7452. He stated that the respondent was properly served with noticed of these proceedings. The respondent shall pay a fine of $25.00 per day commencing August 18, 2020 for each day that the property is not incompliance and shall continue to accrue at the daily rate of $25.00 until such time as the property is brought into compliance. An administrative fee of $87.00 is imposed to be paid within 30 days of the date of this order. The Town Clerk is hereby ordered to record a certified copy of this Order of Fine. The respondent will receive a copy of this order.
F. New Business
3. Case 20-7550 — 114 W. Guava St., Allstor Self Storage, Inc. — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required, Section 16-2(c) — Fire Codes; and Lady Lake code of Ordinances Section 7-47 — Fire Hazards (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 respondent in violation of Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required, Section 16-2(c) — Fire Codes; and Lady Lake Code of Ordinances Section 7-47 — Fire Hazards; impose an $87 administrative fee, and afford the respondent or their agent until November 30, 2020 to successfully bring the property into compliance or a fine of $200 per day will be assessed thereafter for each day the violation continues to exist.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer.
The Special Magistrate asked if there was anyone present who wished to speak on this case.
Monty Jenkins testified that he manages Allstor Storage and is also a general contractor. He stated that the plans are nearly complete, and he anticipates he will be applying for the permits this week. He stated that the items the fire inspector identified as violations have been corrected.
The Special Magistrate asked if there was anyone else who wished to speak regarding this case. Hearing no one, he proceeded with his ruling.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7550 he finds the respondent is in violation of the cited codes; the respondent was properly served with notice of these proceedings and did appear at these proceedings. The respondent has until November 30, 2020 to successfully bring the property into compliance or a fine of $200.00 per day be assessed commencing on December 1, 2020. An $87.00 administrative fee is imposed to be paid to the Town of Lady Lake. The respondent will receive a copy of this order.
4. Case 20-7558 — 207 Skyline Dr., Adam Richard Dahl — Town of Lady Lake Code of Ordinances Section 7-46, Storage of Junk, Etc., Prohibited; Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance, High Grass; and Section 7-68 — Notice to Abate, Failure of Owner of Comply (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 respondent(s) in violation of Town of Lady Lake Code of Ordinances Section 7-46, Storage of Junk, Etc., Prohibited; Section 7-67 Certain Conditions, Accumulations Deemed Public Nuisance, High Grass; and Section 7-68, Notice to Abate, Failure of Owner to Comply; impose an $87 administrative fee and afford the respondent or their agent until November 20, 2020 to successfully bring the property into compliance or the Town will abate the aforementioned violations after November 21, 2020, in order to correct the violations. All abatement costs will be the responsibility of the respondent. Abatement invoices must be paid within 14 days of receipt or will be recorded as a lien with interest on the unpaid balance accruing. Staff further recommends that any future violations of Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67 Certain Conditions, Accumulations Deemed Public Nuisance; Section 7-68, Abatement, Failure of Owner to Comply, be cited as repeat offences and respondent be cited as repeat offender.
The Special Magistrate verified that there have been several code enforcements cases for this property in the past.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7558 he finds the respondent was properly served with notice of these proceeding and is in violation of cited codes. The respondent has until November 20, 2020 to successfully bring the property in to compliance; failure to bring the property into compliance with the Town’s code of ordinances or LDR’s will result in the Town taking action to abate the aforementioned violations after November 21, 2020 in order to correct all violations. An $87 administrative fee is imposed. All abatement costs are the responsibility of the respondent; abatement invoices must be paid within 14 days of receipt or will be recorded as a lien with interest on the unpaid balance accruing. Any future violations of Section 7-46, Storage of Junk, etc., Prohibited; Section 7-67 Certain Conditions, Accumulations Deemed Public Nuisance; Section 7-68, Abatement, Failure of Owner to Comply, shall be cited as repeat offences and respondent be cited as repeat offender. The respondent will receive a copy of this order.
5. Case 20-7584 — 356 S Hwy 27/441, AA Castle LLC — Town of Lady Lake Land Development Regulations, Section 16-52 — 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 find the respondent in violation of Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; impose an $87 administrative fee and afford the respondent or their agent until November 20, 2020 to successfully bring the property into compliance or a fine of $200 per day will be assessed thereafter for each day the violation continues to exist.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer.
The Special Magistrate asked if there was anyone present who wished to speak on this case.
Ken Kaupferman of Affordable Lock testified that the minor modification plan has been submitted and once that is approved, the permit will be obtained.
The Special Magistrate asked if there was anyone else who wished to speak regarding this case. Hearing no one, he proceeded with his ruling.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7484 he finds the respondent in violation of the cited codes. The respondent has until November 30, 2020 to successfully bring the property in to compliance or a fine of $200.00 per day be assessed commencing on December 01, 2020. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of this order.
6. Case 20-7621 — 102 Third St., David W. Griffith — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Staff’s recommendation is find the respondent in violation of Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; impose an $87 administrative fee and afford the respondent or their agent until November 20, 2020 to successfully bring the property into compliance or a fine of $50 per day will be assessed thereafter for each day the violation continues to exist. Staff further recommends that any future violations of Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance, be cited as repeat violations and the respondent be cited as a repeat offender.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7621 he finds the respondent was properly served with notice of these proceedings and is in violation of the cited codes. The respondent has until November 20, 2020 to successfully bring the property in to compliance or a fine of $50.00 per day be assessed commencing on November 21, 2020. An $87.00 administrative fee is imposed. The Special Magistrate stated that all future violations of the cited code will be cited as repeat violations and the respondent shall be cited as a repeat offender. The respondent will receive a copy of this order.
7. Case 20-7649 — 106 Mark Ave., Michelle Howell and Joseph Kemmer — Town of Lady Lake Land Development Regulations Section 9-4(c)(3) — Fences and Walls Location (Lori Crain)
Staff’s recommendation is to find the respondent in violation of the Town of lady Lake Land Development Regulations Section 9-4(c)(3), Fences and Walls, Location; impose an $87 administrative fee and afford the property owner until November 20, 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.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer. He verified that the respondent submitted the after-the-fact permit application and did not act it.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7649 he finds the respondent was properly served with notice of these proceedings and is in violation of the cited codes; the respondent has until November 20, 2020 to successfully bring the property in to compliance or a fine of $50.00 per day be assessed commencing on November 21, 2020. An $87.00 administrative fee is imposed to be paid to the Town of Lady Lake. The respondent will receive a copy of this order.
Case 20-7686 — 913 April Hills Blvd., Sandra K. Brooks — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance (Lori Crain)
Ms. Crain presented the background summary for these agenda items (on file in the Clerk’s Office).
Staff’s recommendation is to find the respondent in violation of the Town of Lady Lake Land Code of Ordinances, Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; impose an $87 administrative fee and afford the respondent until November 20, 2020 to successfully bring the property into compliance or a fine of $25 per day will be assessed thereafter for each day the violation continues to exist.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer.
The Special Magistrate stated for the record that the respondent or their agent did not appear for this hearing.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7686 he finds the respondent was properly served with notice of these proceedings and is in violation of the cited codes; the respondent has until November 20, 2020 to successfully bring the property in to compliance or a fine of $25.00 per day be assessed commencing on November 21, 2020. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of this order.
OTHER BUSINESS
The December Special Magistrate hearing is rescheduled to Thursday, December 17, 2020 at 10:30 a.m.
F. Adjourn
There being no further business, the meeting adjourned at 11:33 p.m.
s/ Joshua E. Bills, Special Magistrate
s/ Carol Osborne, Staff Assistant to the Town Clerk
Minutes transcribed by Carol Osborne, Staff Assistant to the Town Clerk