Special Magistrate Meeting Minutes
Minutes of the June 22, 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; Officer Mark Austin and Officer Robert Chausse, Lady Lake Police Department; and Carol Osborne, Staff Assistant to the Town Clerk
OTHERS PRESENT
Commissioner Paul Hannan
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 May 25, 2021 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of May 25, 2021 into the record as presented.
The Special Magistrate asked if there were any changes to the agenda.
Code Enforcement Officer Lori Crain stated the following cases will not be presented today: Case 20—7425; and Case 20— 8126.
E. Old Business
2. Case 20-7430 —205 Brevard Avenue., Donna Williams and Harold D. Canterbury — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; Section 20—20(A)(1) — Residential Maintenance and Appearance Standards; 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 Respondents have not complied with the Order of Enforcement Dated April 27, 2021, and enter an Order of Fine in this matter in the amount of $25 per day that will continue to accrue until property is brought into compliance. Total amount of accrued fine to date of this Order is $550. Staff is recommending a reduced daily fine than stated in the Order of Enforcement. Further order administrative fee of $87 be paid in full to Town of Lady Lake, the fine be recorded as a lien against the property along with all recording fees.
The Special Magistrate stated for the record that the Respondent or their representative is not present at today’s hearing.
Special Magistrate Joshua Bills executed the Order of Fine for Case 20-7430 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 April 27, 2021, and ruled the Respondent shall pay fine of $25 per day to continue to accrue until the property is brought into compliance; imposed administrative costs 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).
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; 16-2(c) — Fire Codes; and Code of Ordinances Section 7-47 — Fire Hazards; 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 Respondents did not comply with the Order of Enforcement dated October 27, 2020, and enter an Order of Fine in this matter in the amount of $1500, impose an administrative fee of $87 all to be paid to the Town of Lady Lake by 6:00 p.m. Thursday, July 15, 2021. If not paid by said date, the fine will be recorded as a lien and all recording fees will be in addition to the fine. Staff is recommending a reduced daily fine than what is stated in the Order of Enforcement due to Town of Lady Lake Building Department delays.
The Special Magistrate asked if there was anyone present to speak regarding this case.
Monty Jenkins, manager of AllStor Self Storage, Inc., stated that even though the tenant had verified contractors install the electric and the plumbing, they failed to apply for a permit. He stated the matter was further delayed due to the Town requesting additional plans for the area in which the sink was installed.
The Special Magistrate asked if there was any further testimony; hearing none, the Special Magistrate proceeded with his ruling.
Special Magistrate Joshua Bills executed the Order of Fine for Case 20-7550 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 October 27, 2020 and ruled the Respondent shall pay fine of $1500 and administrative costs of $87. All fines and costs associated with this case shall be paid to the Town of Lady Lake by 6:00 p.m. Thursday July 15, 2021. The fine will be recorded as a lien and all recording fees will be in addition to the fine. 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
4. Case 20-7425 — 210 Brevard Ave. — Mauricio & Jesus Ruiz — Town of Lady Lake Code of Ordinances Section 7-46 —Unlawful Storage of Junk, Debris; 20-19-(a)(1&2) — Residential General Property Maintenance; Sections 20-20(a)(1); 20-20-(a)(4&5); 20-20(b); 20-20(f); Order of Enforcement (Lori Crain)
This case will not be presented.
5. Case 21-8118 — 445 Quail St. —Robert A. Morgan- Town of Lady Lake Code of Ordinances Section 8-26 — License Required to Engage in Business, Profession or Occupation; and Section 17-26(b) — Parking Prohibited-Parking of Commercial Vehicles; 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 17-26(b), Parking of Commercial Vehicles; impose an $87 administrative fee and afford the property owner until July 20, 2021, to apply for an Administrative Variance with the Town to successfully bring the property into compliance or a fine of $25 per day be assessed thereafter for each day that violation continues to exist.
The Special Magistrate asked how a variance is obtained.
Ms. Crain stated that a variance application can be completed and submitted at the Growth Management Department.
The Special Magistrate stated for the record that there is no one present at this hearing regarding this case and proceeded with his ruling.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 21—8118, 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 July 20, 2021, to submit application for administrative variance. Failure to bring the property in to compliance or a fine of $25 per day be assessed commencing on July 21, 2021, for each day that the property is not in compliance and continue to accrue at the daily rate of $25 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).
6. Case 21-8126 — 213 Skyline Dr. — Jose L Gomez & Elvira Saldana — Town of Lady Lake Code of Ordinances Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; & Section 7-46 — Unlawful Storage of Junk, Debris; Order of Enforcement (Lori Crain)
This case has come into compliance.
7. Case 21-8144 — 1201 Avenida Central — Central Florida Lodging, LLC — Town of Lady Lake Code of Ordinances Section 7-46 — Storage of Junk, Etc. Prohibited; Section 7-47 —Fire Hazards; Section 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; 20-23(A)(1&3) — Responsibilities of Owners-Dwellings, Extermination; 20-54 —Responsibilities of Owners-Commercial, Sanitation; 20-18(F) — Sanitation, Plumbing; 20-19(E) — General Structural Specifications, Electrical Maintenance; 20-20(C) — Maintenance & Appearance Standards-Vegetation; Land Development Regulations Section 16-54(b)(2) — Expired permits (x4); Section 17-5(d)(1) — Temporary Uses and Special Event Signs; Order of Enforcement (Lori Crain)
Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Crain and Fire Chief Edward Raulerson, The Villages Fire Department, Division Chief of Fire Prevention presented several photographs and explained the violations on each photograph.
Ms. Crain stated that the owner, Larry Ducat, could not be present at today’s hearing and read an email that she received from him this morning, June 22, 2021, addressing the progress of repairing the violations.
Staff’s recommendation is to find the Respondent in violation of Town of Lady Lake Code of Ordinances, Land Development Regulations and Fire Codes; impose administrative fee of $87; Allow the Respondent until July 10, 2021, to vacate property by all occupants, guests, employees, and residents. No one shall be permitted to reside on the property. Maintenance and contractors may be present only to correct deficiencies and perform required work.
Further order that failure to bring the Property into compliance with the Town of Lady Lake Code of Ordinances, Land Development Regulations, and all Fire Codes by December 31, 2021, shall result in an Order of Fine being entered at the rate of $200 per day to commence on January 1, 2022, for each day 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. This shall include passing of fire inspection by the Villages Public Safety Division Fire Prevention Department with structure declared safe to occupy; renewing expired permits, completing work related to all permits, passing final inspections by Town of Lady Lake Building Official and compliance of all code enforcement violations.
Fire Chief Raulerson stated that he concurs with Ms. Crain’s vacate recommendation. He summarized from the current code of the Florida Fire Prevention Code (Seventh Addition), Life Safety Code, Chapter 4.6.9 — Conditions for Occupancy, 4.6.9.1 — No new construction or existing building shall be occupied in whole or in part in violation of the provisions this Code unless the following conditions exist:
· A plan of correction has been approved. (This has not been approved)
· The occupancy classification remains the same. (This is unknown as the owner is transitioning one building from a hotel to a condominium)
· No serious life safety hazard exists as judged by the authority having jurisdiction. (There are several potential serious life safety issues with the building)
The Special Magistrate asked if the hotel has been rezoned as a condominium and is anyone residing in the building.
Ms. Crain stated that the maintenance person lives on site and is uncertain if there are any other permanent occupants. She stated that the hotel is open, and rooms are being rented.
The Special Magistrate verified with Ms. Crain that the hotel is open for business, not as condominium. Ms. Crain clarified that the rooms that are being renovated to condominiums are not complete, as was shown in the photographs.
Chief Raulerson clarified that there is no tenant space in Building Two, which is the building that is being renovated to condominiums. He stated that the hotel is operational. He stated that both buildings have severe fire violations, as identified in his fire inspection report.
The Special Magistrate verified with Ms. Crain that the Respondent did not contact her until recently.
Ms. Crain stated that her first contact from the Respondent was June 14, 2021. The second communique was the email she received this morning.
Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case 21—8144 he finds the Respondent is in violation of the Town of Lady Lake Code of Ordinances, Land Development Regulations, and Fire Codes that the Respondent was properly served with notice of these proceedings. The Respondent has until July 10, 2021, to vacate the property by all occupants, guests, employees, and residents. Maintenance and contractors may be present to correct deficiencies and perform required work. Respondent shall have until December 31, 2021, to bring the property into compliance or a fine of $200 per day be assessed commencing on January 1, 2022, 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).
The Special Magistrate asked if there are zoning issues associated with the transition from hotel to condominiums.
Ms. Crain stated that she discussed this with the Town Planner who advised her that the area where the current hotel is located is also zoned for condominiums.
Chief Raulerson clarified for the record the fire codes are specific for hotels and condominiums and that he needs clear definition of each building when the fire inspections are conducted as one building is required to be licensed by the State.
F. Adjourn
There being no further business, the meeting adjourned at 11:42 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