Special Magistrate Meeting Minutes
Minutes of the January 26, 2021 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; Denise Williams, Animal Control Officer; 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 December 17, 2020 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of December 17, 2020 into the record as presented.
Code Enforcement Officer Lori Crain stated the following agenda items have come into compliance and will not be presented: Item 7, Case 20-7771; Item 8, Case 20-7772; and Item 10, Case 20-7825.
She advised that a representative for Item 14, Case L20014907 is present and this case will be heard first.
She advised that representatives for Item 3, Case 20-7584 are present and will be heard second.
E. Old Business
2. Case 19-7216 — 210 Morningside Ave., Levander Eklund – 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 Respondent was not in compliance with the Order of Enforcement dated November 19, 2019, and in violation of Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance from December 6, 2019 to January 22, 2021; enter an administrative fee of $87; enter an Order of Fine in this matter in the amount of $10,325 (413 days of accrued fine at $25 per day) 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 and executed the Order of Fine for Case 19-7216. He stated that the respondent was properly served with notice of these proceedings. The respondent shall pay a fine of $10,325 by February 25, 2021, which accrued at the rate of $25 per day commencing December 6, 2019 for each day the property was not in compliance and continued to accrue at the daily rate of $25 until January 22, 2021; at which time the property was observed to be in compliance with the Town of Lady Lake Code of Ordinances; impose an $87 administration fee. The Town Clerk is hereby ordered to record a certified copy of this Order of Fine. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
3. Case 20-7584 — 356 S. Hwy 27/441, AA Castle LLC – Town of lady Lake Land Development Regulations Section 16-52 – Building Permits Required; Request for Waiver/Reduction 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 and in violation of Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required from December 1, 2020 through December 7, 2020; a total of six days for which a $200 per day fine accrued; impose the total fine of $1,200 to be paid in full by February 15, 2021; the fines will be recorded as a lien against the property if not paid by said date.
The Special Magistrate asked if there was anyone present who wished to testify.
Ken Kupferman testified that the Order of Enforcement allowed until November 30, 2020 to submit an application and to bring the property into compliance. He stated that the application was submitted prior to the Thanksgiving holiday and he did not receive a response that the electronic signatures on the plans submitted by the architect and engineer are not accepted by the Town. He stated that the Town’s application does not specify that electronic signatures are not accepted.
Special Magistrate asked when the engineer was hired.
Mr. Kupferman stated the plans were sent to the engineer after the survey and site plan were completed.
Ms. Crain rebutted that the application for the after-the-fact the shed permit along with the site plan were submitted late in the day on Wednesday November 25, the day before the Thanksgiving holiday and town hall was closed for the holiday. Town Hall is not open on Fridays. The plan review, notes and comments were emailed to Mr. Kupferman early in the morning on Monday, November 30. Per Growth Management staff, customers are advised that the Town of Lady Lake does not accept digital electronic signatures for all projects requiring site plans.
Mr. Kupferman emphasized that he complied with the Order of Enforcement within the timeframe. He presented a copy of the permit application and noted that nowhere on the application does it state that electronic signatures are not accepted. Due to the Covid-19 pandemic, electronic signatures are widely accepted.
Special Magistrate Joshua Bills stated that based on the information provided through the evidence and testimony regarding this case he executed the Order of Fine for Case 20-7584. He stated that the respondent was properly served with notice of these proceedings. The respondent shall pay a fine of $800. The Town Clerk is hereby ordered to record a certified copy of this Order of Fine. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
4. Case 20-7597 — 309 Magnolia Way, Christopher E. Leviti — Town of Lady Lake Code of Ordinances Section 17-26 — Parking of Commercial Vehicles; Land Development Regulations Section 9-2, Accessory Uses and Structures; Order of Fine
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 was not in compliance with the Order of Enforcement dated September 22, 2020; find the respondent is in violation of the Town of Lady Lake Code of Ordinances Section 17-26(b) — Parking Prohibited; Town of Lady Lake Land Development Regulations Section 9-2 — Accessory Uses and Structures; impose a total fine of $4,250 representing 85 days at $50 per day. The Order of Fine in this matter is 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 executed the Order of Fine for Case 20-7597 based on the information provided through the evidence and testimony regarding this case. He stated that the respondent did not comply with the Order of Enforcement dated September 22, 2020. He stated that the respondent was properly served with notice of these proceedings. The respondent shall pay a fine of $4,250, representing 85 days at the rate of $50 per day from October 13, 2020 to January 5, 2021, 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. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
5. Case 20-7649 — 106 Mark Ave., Michelle L. Howell and Joseph A. Kemmer – Town of Lady Lake Land Development Regulations Section 9-4, Fences and Walls, Location; Order of Fine.
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 have not complied with the Order of Enforcement dated October 27, 2020 and enter an Order of Fine in this matter with accruing fine and administrative fee of $87 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 executed the Order of Fine for Case 20-7649 based on the information provided through the evidence and testimony regarding this case, and that the respondent has not complied with the Order of Enforcement dated October 27, 2020. He stated that the respondent was properly served with notice of these proceedings. The respondent shall pay fine of $50 per day commencing on November 21, 2020 for each day the property is not in compliance and shall continue to accrue until such time as the property is brought into compliance with the Town of Lady Lake Land Development Regulations; respondent shall pay costs associated with the case in the amount of $87. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
New Business
6. Case 20-7764 — 905 April Hills Blvd, Alan S. Burnet Estate — Lady Lake Code of Ordinances Section 20-19 — General Structural Specifications, Section 20-17 — Light; Ventilation; Section 20-20, Maintenance and Appearance Standards; Order of Enforcement (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 the Town of Lady Lake Code of Ordinances Section 20-17 (g) — Light; Ventilation; Section 20-19(a) (1&2) — General Structural specifications and Section 20-20 (a)(6) — Maintenance and Appearance Standards; impose an $87 Administrative fee and afford the property owner until February 28, 2021 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.
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 20-7764, he finds the respondent is in violation of the cited codes and that the respondent was properly served with notice of these proceedings. The respondent has until February 28, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on March 1, 2021 for each day the violation continues to exist. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
7. Case 20-7771 — 105 Neil Ct., Lake County Citrus Sales — Town of Lady Lake Code of Ordinances Section 20-19, General Structural Specifications; Order of Enforcement (Lori Crain)
This case has come into compliance.
8. Case 20-7772 — 107 Neil Ct., Lake County Citrus Sales — Town of Lady Lake Code of Ordinances Section 20-19, General Structural Specifications; Order of Enforcement (Lori Crain)
This case has come into compliance.
9. Case 20-7813 — 806 St. Andrews Blvd, Janice G. Cutting Life Estate — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; Order of Enforcement (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 Code of Ordinances Section 7-67 —Certain Conditions, Accumulations Deemed Public Nuisance; impose an $87 administrative fee and afford the respondent until February 20, 2021 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.
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 20-7813, he finds the respondent is in violation of the cited codes and that the respondent was properly served with notice of these proceedings. The respondent has until February 20, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on February 21, 2021 for each day that the violation continues to exist. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
10. Case 20-7825 — 201 Morningside Ave, Martaviaus Bean and Laura Blanton — Town of Lady Lake Code of Ordinances Section 7-46 — Storage of Junk, Etc., Prohibited; Order of Enforcement (Lori Crain)
This case has come into compliance.
11. Case 20-7826 — 201 Longview Ave., Jay A. Gelb — Town of Lady Lake Land Development Regulations Section 16-54, Building Permit (expired); Order of Enforcement (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 Chapter 16-54 (b)(2) — Expired Building Permits; impose an $87 administrative fee and afford the property owner until February 28, 2021 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.
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 20-7826, he finds the respondent is in violation of the cited codes and that the respondent was properly served with notice of these proceedings. The respondent has until February 28, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on March 1, 2021 and will continue to accrue each day the violation continues to exist. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
12. Case 20-7843 — 456 S. Old Dixie Hwy, Venessa King — Town of Lady Lake Land Development Regulations Section 16-52, Building Permit; Order of Enforcement (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 February 28, 2021 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.
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 20-7843, he finds the respondent is in violation of the cited codes and that the respondent was properly served with notice of these proceedings and did not appear at these proceedings. The respondent has until February 28, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on March 1, 2021. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
13. Case 21-7945 — 919 N Hwy 27/441, RBM Capital Investments Inc. and Mattress One — Town of Lady Lake Land Development Regulations Section 17 – 5 Temporary Signs; Repeat Offender; Order of Enforcement
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 17–5 — Temporary Signs, Banners, Feather Flags and other promotional signs; impose a fine of $500 for the violations of Orders of Enforcement Case 18-6977 and Case 19-7177; impose an $87 administrative fee. All fines to be paid in full by the respondent by February 23, 2021.
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 21-7945, he finds the respondent is in violation of the cited codes and that the respondent was properly served with notice of these proceedings. The respondent has until February 23, 2021 pay fine of $500 and an $87.00 administrative fee. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
14. Case L20014907 — 1226 Granada Court, Gail Reardon — Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animals. Repeat Violation
Animal Control Officer Denise Williams 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 the Town of Lady Lake Code of Ordinances Section 4-4 — At Large Animals, Repeat Violation, and impose full fines of $100.
Judith Woodie, complainant, testified that this issue has been ongoing for several years, and that she has asked the respondent to keep her cats inside.
The Special Magistrate verified that the photos presented were taken by Ms. Woodie.
The Special Magistrate confirmed the respondent was properly noticed of today’s hearing.
Ms. Williams advised that she has attempted to trap cats at the respondent’s property for over one week and has caught one cat. She confirmed that the respondent owns two cats; the one that was caught is not the respondent’s cat.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L20014907, he finds the respondent is in violation of the cited code as a repeat violation and imposed a fine of $100. He stated that the respondent was properly served with notice of these proceedings and did not appear at these proceedings. The respondent will receive a copy this full order.
F. Adjourn
There being no further business, the meeting adjourned at 11:56 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