Special Magistrate Meeting Minutes
Minutes of the March 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; Officer McIntyre, Lady Lake Police Department; 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 February 23, 2021 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of February 23, 2021 into the record as presented.
The Special Magistrate asked if there were any changes to the agenda.
Code Enforcement Officer Lori Crain stated that Item 8 — Case 20-7703 will not be presented as the Respondent is working toward compliance.
She advised that a witness for Item 12 — Case L21002590 is present, and this case will be heard first.
She advised that representatives are present for the following agenda items: Item 9 —Case 20-7928; Item 10 — Case 21-7961; and Item 11 — Case 21-7962. These cases will be heard subsequently.
Ms. Crain advised that the violation of Town of Lady Lake Land Development Regulations Section 16—2, Fire Codes, for Case 21-7961 and Case 21-7962 was erroneous omitted from the agenda. It is stated in the violation notice and the hearing notice to the Respondent.
E. Old Business
2. Case 20-7631 — 218 Skyline Dr. — Jeremias M. Francisco — 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; Order of Fine (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 has not complied with the Order of Enforcement dated December 17, 2020; enter an Order of Fine in this matter in the amount of $1500, which is the total accrued to date, with any accruing fine and an administrative fee of $87 to be recorded as a lien against the property.
The Special Magistrate verified that the photographs in the backup documents were taken by the Code Enforcement Officer.
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 20-7631 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. He stated that the Respondent did not comply with the Order of Enforcement dated December 17, 2020 and imposed a fine of $25 per day commencing on January 22, 2021 for each day the property is not incompliance and shall continue to accrue at the daily rate of $25 per day until such time as the property is brought into compliance. The current total fine as of the date of this order is $1500. Respondent shall pay administrative costs associated with the case in the amount of $87. All fines and costs associated with this case shall be paid by April 23, 2021. 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 20-7764 — 905 April Hills Blvd. — Alan S. Burnet Estate — Town of lady Lake Land Code of Ordinances Section 20-17(g) — Light/Ventilation, Window/Door Maintenance; Section 20-20(a)(6) — Maintenance/Appearance Standards and Section 20-19(a)(1) — General Structural Specifications; Order of Fine (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 has not complied with the Order of Enforcement dated January 26, 2021; enter an Order of Fine in this matter in the amount of $1100, which is the total accrued to date, with any accruing fine and an administrative fee of $87 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 20-7764 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. He stated that the Respondent did not comply with the Order of Enforcement dated January 22, 2021 and imposed a fine of $50 per day commencing on March 1, 2021 for each day the property is not in compliance and shall continue to accrue at the daily rate of $50 per day until the property is compliant. The current total fine as of the date of this Order is $1100. Respondent shall pay administrative costs associated with the case in the amount of $87. All fines and costs associated with this case shall be paid by April 23, 2021. 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 20-7813 — 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 Fine.
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 has not complied with the Order of Enforcement dated January 26, 2021 by not paying the administrative fee of $87; enter an Order of Fine in this matter 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 20-7813 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. He stated that the Respondent did not comply with the Order of Enforcement dated January 26, 2021, by not paying the administrative fee of $87 within ten days of the hearing date. 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 20-7826 — 201 Longview Ave. — Jay A. Gelb — Town of Lady Lake Land Development Regulations Section 16-54(b) — Expired Building Permit (2); Order of Fine.
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 has not complied with the Order of Enforcement dated January 26, 2021 by not paying the administrative fee of $87; enter an Order of Fine in this matter 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 20-7813 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. He stated that the Respondent did not comply with the Order of Enforcement dated January 26, 2021, by not paying the administrative fee of $87. 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).
6. Case 20-7843 — 456 S Old Dixie Hwy — Vanessa King — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; Order of Fine (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 has not complied with the Order of Enforcement dated January 26, 2021; enter an Order of Fine in this matter in the amount of $1100, which is the total accrued to date, with any accruing fine and an administrative fee of $87 to be recorded as a lien against the property.
The Special Magistrate confirmed with Ms. Crain that the respondent needs to apply for a permit to bring the property into compliance.
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 20-7843 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. He stated that the Respondent did not comply with the Order of Enforcement dated January 26, 2021, imposed a fine of $50 per day commencing on March 1, 2021 for each day the property is not in compliance and shall continue to accrue at the daily rate of $50 per day until the property is compliant. The current total fine as of the date of this Order is $1100. Respondent shall pay administrative costs associated with the case in the amount of $87; all fines and costs associated with this case shall be paid by April 23, 2021. 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).
7. Case 21-7945 — 919 Hwy 27/441 — RBN Capital — Town of Lady lake Land Development Regulations Section 17-5 — Temporary Signs; Order of Fine (Lori Crain)
Ms. Crain presented the background summary for this agenda item (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 January 26, 2021 enter an Order of Fine in this matter in the amount of $587 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 21-7945 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. He stated that the Respondent did not comply with the Order of Enforcement dated January 26, 2021, whereby a fine of $587 was imposed. Respondent shall pay the previous fine of $587 as well as additional 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).
New Business
8. Case 20-7703 — 210 Ann St. — James A. Bennet — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; Order of Enforcement (Lori Crain)
Ms. Crain advised the Respondent is working toward compliance and will not be presented.
9. Case 20-7928 — 813 Summit St. — Denise Deal — Town of Lady Lake Code of Ordinances Section 7—46 — Unlawful Storage of Junk, Debris; Order of Enforcement; Establish Repeat Offender (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 7—46, Storage of Junk, Etc., Prohibited; impose $87 administrative fee and afford the property owner until April 15, 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. Staff further recommends that any future violations of Code of Ordinances Section 7—46 be cited as repeat violations and property owner be cited as repeat offender.
The Special Magistrate verified that the photographs regarding this case were taken by the Code Enforcement Officer.
The Special Magistrate asked if anyone is present to speak on this case.
Jacob Deal, 813 Summit St., stated that many of the violations have been corrected.
The Special Magistrate confirmed with Mr. Deal that his mother is the Respondent.
The Special Magistrate asked if the Code Enforcement officer has been notified of the violations that have been rectified.
Mr. Deal testified that he is not aware if any members of the household have notified Ms. Crain regarding the corrected violations.
The Special Magistrate advised Mr. Deal that the remaining violations need to be corrected to bring the property into compliance and encouraged Mr. Deal and his family to work with the Code Enforcement Officer.
The Special Magistrate asked if there were any further comments. Hearing none he proceeded with his ruling.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 20-7928, he finds the respondent is in violation of the cited codes. He stated that the respondent was properly served with notice of these proceedings and did not appear at these proceedings. The respondent has until April 15, 2021 to successfully bring the property in to compliance or a fine of $50 per day be assessed commencing on April 16, 2021. An $87.00 administrative fee is imposed, to be paid to the Town of Lady Lake. Any future violations on this property will be cited as repeat violations and the property owner will be cited as a repeat offender. The respondent will receive a copy of the full order. (On file in the Clerk’s Office)
10. Case 21—7961 — 630 Griffin Ave., LLC — Town of Lady Lake Land Development Regulations Section 16—2, Fire Codes; and Town of Lady Lake Code of Ordinances Section 7—47, Fire Hazards; 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 property owner in violation of Town of Lady Lake Land Development Regulations Section 16—2, Fire Codes; Town of Lady Lake Code of Ordinances Section 7—47, Fire Hazards; impose an $87 administrative fee and afford the property owner until April 15, 2021 to successfully bring the property into compliance or a fine of $250 per day be assessed thereafter for each day the violations continue to exist.
The Special Magistrate verified with Ms. Crain that the doors remain noncompliant.
The Special Magistrate asked if there was anyone present who wished to speak regarding this case.
Mark Sartoris, Regional Director for Plan Operations for Millennial Health Care, testified that he was an employee of the past owner of the two facilities being presented today. He stated that in 2018, upon notification of non-compliance of the fire code for this location, the company made partial repairs to the doors at that time. He advised them that it was a two-part process and other doors would need to be repaired. Quotes were obtained for repairs to the building and were not approved by the leadership of hat company. Mr. Sartoris advised that the company was sold in January 2021; quotes for the repairs have been received and approved by the new officers of the company.
Mr. Sartoris presented an approved quote for repair materials for the building located at 630 Griffin Avenue to the Special Magistrate, noting the supplier cannot deliver all of the parts by mid-April. He requested 60 days from today’s date to complete the work.
The Special Magistrate asked if the Code Enforcement Officer has additional comments.
Ms. Crain stated her only concern is the life safety issue, yet she understands that timely receipt of the parts is out of their control.
Ms. Sartoris stressed that the facility has multiple life safety systems that monitor the conditions of the building continually. The building is equipped with an auto detection sprinkler system, smoke detectors, fire pool stations and an evacuation plan.
The Special Magistrate verified with Mr. Sartoris that it was the prior owners who denied the remaining repairs.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 21-7961, 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 May 24, 2021 to successfully bring the property in to compliance or a fine of $250 per day be assessed commencing on May 25, 2021 for each day that the property is not in compliance and continue to accrue at the daily rate of $250 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).
11. Case 21—7962 — 630 Griffin Ave., LLC — Town of Lady Lake Land Development Regulations Section 16—2, Fire Codes; and Town of Lady Lake Code of Ordinances Section 7—47, Fire Hazards; 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 property owner in violation of Town of Lady Lake Land Development Regulations Section 16—2, Fire Codes; Town of Lady Lake Code of Ordinances and Section 7—47, Fire Hazards; impose an $87 administrative fee and afford the property owner until April 15, 2021 to successfully bring the property into compliance or a fine of $250 per day be assessed thereafter for each day the violations continue to exist.
Mr. Sartoris presented an approved quote for repair materials for the building located at 620 Griffin Avenue to the Special Magistrate.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 21-7962, 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 May 24, 2021 to successfully bring the property in to compliance or a fine of $250 per day be assessed commencing on May 25, 2021 for each day that the property is not in compliance and continue to accrue at the daily rate of $250 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).
12. Case L21002590 — 365 Carriage Lane, Brandy Steinmetz and Chase Smallwood — Town of Lady Lake Code of Ordinances Section 4—4, At Large Animal, Repeat Violations 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.
Ms. Williams presented the video submitted by the complainant to the Special Magistrate (on file in the Clerk’s Office).
Samantha Anderson, 360 Carriage Lane, testified that she witnessed the dogs on her property and was able to remove them with the help of the dogs’ owner. She stated that within 15 minutes the dogs were back on her property; she recorded the incident and removed the dogs again. She then witnessed another of the neighbors’ dogs on her property and took a photograph. She forwarded the video and the photograph to Ms. Williams.
The Special Magistrate verified with Ms. Anderson that this is an ongoing problem.
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 Town of Lady Lake Code of Ordinances, Section 4—4, At Large Animal as a repeat violation and imposed a fine of $750 ($250 per dog); and in violation of Section 4—36, Dog or Cat License or Vaccination and imposed a fine of $70, ($35 per dog); imposed an $87 administrative fee to be paid within ten days of today’s hearing date. He stated that the Respondent was properly served with notice of these proceedings. The Respondent will receive a copy this full order.
F. Adjourn
There being no further business, the meeting adjourned at 11:51 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