Special Magistrate Meeting Minutes
Minutes of the December 17, 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; and Carol Osborne, Staff Assistant to the Town Clerk
A. Call To Order
Joshua Bills, 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 Joshua Bills explained to the public that this is a quasi-judicial hearing, which means that he 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. He explained that staff will present their case and testimony, and he will ask any questions he 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 he will render his decision on each of the cases.
The Special Magistrate advised that all testimony is to be directed to him only.
Violators shall contact Code Enforcement to confirm compliance. Upon notification by the code inspector that the Order of Enforcement has not been complied with by the time stated in the ruling, the Special Magistrate may execute an Order of Imposing Fine in the amount set forth above. A copy of the Order Imposing Fine shall be mailed to the Violator. A certified copy of the Order Imposing Fine may be recorded as a lien against the property and or business. A hearing is not statutorily required for the issuance of the Order Imposing Fine. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty days of the commencement of the fine. The Order Imposing Fine shall advise the Violator of that right. When requested, such a hearing will be heard by the Special Magistrate. In some cases, fines will be recorded as a lien if not paid. The respondent or business owner will receive a copy of this order.
D. Approval of Minutes
1. Minutes of the October 27, 2020 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of October 27, 2020 into the record as presented.
Code Enforcement Officer Lori Crain stated agenda Item 3, Case 20-7550; Item 5, Case 20-7598; and Item 8, Case 20-7795 will not be presented.
She advised that a representative for Item 4, Case 20-7577, is present and this case will be heard first.
E. Old Business
2. Case 20-7563– 207 Morningside Ave., John and Andrew Stockwell, Trustee – Town of lady Lake Code of Ordinances Section 7-67 – Certain Conditions, Accumulations Deemed Public Nuisance — 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 respondents were not in compliance for 57 days; the fine accrued from October 11, 2020 through December 7, 2020 impose a total fine of $1,425 and an $87 administrative fee to be recorded as a lien against the property.
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 September 22, 2020 by not complying until December 7, 2020 and not paying the costs associated with the file in the amount of $87, and executed the Order of Fine for Case 20-7563. He stated that the respondent was properly served with notice of these proceedings. The respondent shall pay a fine of $1,425, which accrued at the rate of $25 per day until December 7, 2020 at which time the property was brought into compliance. The Town Clerk is hereby ordered to record a certified copy of this Order of Fine and said Fine and costs shall constitute a lien against the property and upon any other real or person al property owned by the Respondent in the State of Florida. The respondent will receive a copy of this order.
New Business
3. Case 20-7550 — 114 W. Guava Street, Allstor Self Storage, Inc. — 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)
This case was heard at a previous hearing and will not be presented.
4. Case 20-7577 — 133 W. Hermosa St., Andrews Real Estate Ventures LLC — Town of Lady Lake Land Development Regulations Section 17-5 (d)(1)— Temporary Signs and Banners (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 was previously in violation of Town of Lady Lake Land Development Regulations Section 17-5(d)(1) — Temporary Signs and Banners; impose an $87 administrative fee. Staff further recommends that any future violations of the Lady Lake Land Development Regulations Section 17-5(d)(1) be cited as a repeat violations and property owner 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 asked if there was anyone present who wished to speak on this case.
Bill Andrews, property owner and owner of the business was sworn in. He stated that during the time in question the property was under construction with temporary parking lots. He stated that the banners were there to guide vehicles to the proper parking area. He stated that he was advised by town staff that a sign permit is valid for 15 days. He admitted that the banner flags were set up to air them out on the weekend and were removed on Monday. He stated that the flags are currently behind the building, and not displayed, and will not be displayed again.
The special magistrate verified with Mr. Andrew that it is his testimony that the banner flags are not being displayed.
The Special Magistrate asked Ms. Crain the date of the last property inspection.
Ms. Crain testified that October 20, 2020 was the last time she witnessed the flags displayed.
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 20-7577 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 any future violations of the Lady Lake Land Development Regulations Section 17-5(d)(1) be cited as a repeat violations and property owner be cited as a repeat offender. 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.
5. Case 20-7598 — 142 N. Old Dixie Hwy, CRC Properties, Inc. and RN Medical — Town of Lady Lake Land Development Regulations Section 8-26 — Business Tax Receipt and Section 17-2 – Sign Permitting Required (Lori Crain)
This case is now compliant.
6. Case 20-7631 — 218 Skyline Dr., Jeremias Francisco — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; section 7-46 - Unlawful Storage of Junk, Debris (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, and Section 7-46 – Unlawful Storage of Junk, Debris; impose an $87 administrative fee and afford the respondent or their agent until January 15, 2021 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 verified with Ms. Crain that she spoke with a resident of the property, not the property owner.
Ms. Crain stated that the resident she spoke with did not state her relationship with the property owner. Ms. Crain stated that she has not had communication with the property owner.
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 20-7631, he finds the respondent in violation of the cited codes. The respondent has until January 15, 2021 to successfully bring the property in to compliance or a fine of $25 per day be assessed commencing on January 16, 2021. 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.
7. Case 20-7776 — 1113 Paradise Drive, Geraldine and Roy Kabella Estate — 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 January 15, 2021 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 20-7776 he finds the respondent was properly served with notice of these proceedings and is in violation of the cited codes. The respondent has until January 15, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on January 16, 2021. An $87.00 administrative fee is imposed. The respondent will receive a copy of this order.
8. Case 20-7795 — 1205 Padgett Circle, Francis Lewis — Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance (Lori Crain)
Ms. Crain stated that she is working with the property owner to come into compliance and this case will not be presented.
S
F. Adjourn
There being no further business, the meeting adjourned at 11:17 a.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