Special Magistrate Meeting Minutes
Minutes of the February 23, 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; Sgt. Tom Sarakinis; 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 January 26, 2021 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 6 — Case 20-7869 and Item 7 — Case 20-7893.
She advised that a representative for Item 8 — Case 20-7896 is in route and requested that this case be heard when the representative is present.
E. Old Business
2. Case 20-7507 — 404 Griffin View Dr. — Maria Clemente — 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 enter an Order of Fine in this matter in the amount of $87 and impose this amount to be recorded as a lien against the property.
The Special Magistrate noted 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 20-7507 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 July 28, 2020. He stated that the Respondent was properly served with notice of these proceedings. Respondent shall pay costs associated with the case in the amount of $87 within 30 days from the date this Order is signed. 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 20-7580 — 509 Jason Dr. — Catherine Conner Estate — Town of lady Lake Land 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 enter an Order of Fine in this matter in the amount of $87 and impose this amount to be recorded as a lien against the property.
The Special Magistrate noted 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 20-7580 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 August 25, 2020. He stated that the Respondent was properly served with notice of these proceedings. Respondent shall pay costs associated with the case in the amount of $87 within 30 days from the date this Order is signed. 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 20-7621 — 102 Third St., David W. Griffith — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; 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 Respondent has not complied with the Order of Enforcement dated October 27, 2020; enter an Order of Fine in this matter in the amount of $4700; continue to accrue at $50 per day and impose an $87 administrative fee. Fines and fee to be recorded as a lien against the property.
The Special Magistrate noted 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 20-7621 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 October 27, 2020. He stated that the Respondent was properly served with notice of these proceedings. Respondent shall pay fine in the amount of $50 per day commencing on November 21, 2020 for each day the property is not in compliance and continue to accrue at the daily rate of $50 until such time the property is brought into compliance. Total fine accrued to date is $4700. Respondent shall pay costs associated with the case in the amount of $87. 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 20-7776 — 1113 Paradise Dr. — Roy and Geraldine Kabella Estate — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; 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 has not complied with the Order of Enforcement dated December 17, 2020, enter an Order of Fine in this matter in the amount of $1900 to continue to accrue at $50 per day and impose $87 administrative fee. Fines and fee to be recorded as a lien against the property.
The Special Magistrate noted 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 20-7776 based on the information provided through the evidence and testimony regarding this case. He stated that the Respondent was properly served with notice of these proceedings. Respondent shall pay fine of $50 per day commencing on January 16, 2021 for each day the property is not in compliance and shall continue to accrue at the daily rate of $50 until such time as the property is brought into compliance with the Town of Code of Ordinances. Total fine accrued to date is $1900. 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 20-7869 — 126 N Old Dixie Hwy — CRC Properties Inc — Town of Lady Lake Land Development Regulations Section 17-7 — Prohibited Signs; Order of Enforcement (Lori Crain)
This case has come into compliance.
7. Case 20-7893 — 706 Murry Circle — George and Carol Laufersky — Town of Lady Lake Land Development Regulations Section 17-7 — Prohibited Signs; Order of Enforcement (Lori Crain)
This case has come into compliance.
At 11:04 a.m., the Special Magistrate called for brief recess. The representative for Case 20-7896 arrived immediately thereafter and the Special Magistrate resumed the hearing.
8. Case 20-7896 — 135 N Hwy 27/441 — Knights Real Estate, Inc. — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; Section 7-110 — Commercial Solid Waste; Town of Lady Lake Land Development Regulations Section 17-7 — Prohibited Signs; Order of Enforcement (Lori Crain)
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; Section 7-110(a)(2) — Commercial Solid Waste; Town of Lady Lake Land Development Regulations Section 17-7(a) — Prohibited Signs; impose an $87 administrative fee and afford the property owner until March 20, 2021 to successfully bring the property into compliance or a fine of $200 per day will be assessed thereafter for each day the violations 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 this morning is the first time she had contact with the Respondent.
Anil Ranani, representing the property owner, was sworn in. He testified that he received correspondence from the Town for the first time approximately ten days ago and until then he had no communication. He stated that this property is under contract to be sold. He stressed that he did not request a dumpster on site and does not know who requested it and how the dumpster was placed on the property. He stated that when he was made aware of the dumpster within the past four weeks, he has attempted to contact the dumpster company several times with no success. He stated that he has not had any communication with the prospective property buyer and that he does not know who is responsible for the property. He stated that he will ensure the property is brought into compliance.
The Special Magistrate verified that the correspondence from Ms. Crain was addressed properly.
Mr. Ranani replied affirmatively.
The Special Magistrate asked Ms. Crain if she has information regarding development of the property.
Ms. Crain stated that there will be future development on that property. The current property owner is Knights Real Estate and as far as code enforcement is concerned, the property owner is the responsible party. Ms. Crain stated that she does not know the plans for the property.
The Special Magistrate asked if there is anything else the property owner needs to do to bring the property into compliance.
Ms. Crain advised that the property owner needs to board up windows and doors.
The Special Magistrate clarified for the defendant that the Town will allow ample time to bring the property into compliance. He encouraged the property owner to work with code enforcement to clean up property.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7896, 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 March 20, 2021 to successfully bring the property in to compliance or a fine of $200 per day be assessed commencing on March 21, 2021 for each day that the Property is not in compliance and continue to accrue at the daily rate of $200 until such time as the Property comes into compliance. An $87.00 administrative fee is imposed; all fines and fees 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).
9. Case L20015267 — 104 Mark Avenue — Town of Lady Lake Code of Ordinances Section 4-36 — Dog or Cat License or Vaccination (Denise Williams)
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 4-36 — Dog or Cat License or Vaccination and impose full fines of $100.
The Special Magistrate noted 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 regarding Case L20015267, 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.
10. L21000631 — 365 Carriage Lane — Brandy Steinmetz and Chase Smallwood — Town of Lady Lake Code of Ordinances Section 4-4 — At Large Animal, Repeat Violation (Denise Williams)
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 Animal, Repeat Violation, and impose full fines of $100.
Ms. Williams produced a dashcam video of the animals at large. (on file in the Clerk’s Office)
The Special Magistrate noted 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 L2000631, 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 11:25 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