Special Magistrate Meeting Minutes

6. Case 20-7585 — 216 Skyline Dr. — Jennifer P. Williams and James F. Schumann — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; Order of Enforcement (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

The Special Magistrate stated for the record that no one is present to speak on this matter.

Staff’s recommendation is to find the Respondents in violation of Town of Lady Lake Land Development Regulations section 16-52(a), Building Permit Required, impose $87 Administrative fee, and allow until December 31, 2021, to bring the Property into compliance or a fine of $25 per day will begin to accrue and continue to accrue until Property is brought into compliance.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 and have until December 31, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $25 per day fine will begin accruing thereafter for each day the violation continues to exist.

7. Case 20-7771 and Case 20-7772— 105 Neil Ct. and 107 Neil Ct. — Lake County Citrus Sales, Inc. — Town of Lady Lake Code of Ordinances Section 20-19(a)(1) General Structural Specifications. (Lori Crain)

Ms. Crain presented the background summary for this agenda item (on file in the Clerk’s Office).

Staff recommendation is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances Section 7-67, 20-19(a)(1), General Structural Specifications; Impose Administrative fee of $87; Allow the Respondent until December 31, 2021, to bring the property into compliance or a fine of $100 per day will begin to accrue for each day the Property is not in compliance and continue to accrue at the daily rate until such time as the Property comes into compliance.

The Special Magistrate stated for the record that no one is present to speak on this matter.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until December 31, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $100 per day fine will begin accruing thereafter for each day the violation continues to exist.

7. Case 21-8198 — 212 Forest Park Lane — BRIJE, LLC — Town of Lady Lake Land Development Regulations Section 13-7(a)(c)(f); 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 Land Development Regulations Section 1-7, Clearing and Grading Standards; Impose $87 administrative fee; allow until November 5, 2021, to successfully establish erosion and sediment controls or a fine of $100 per day will begin to accrue until compliance is met. Further order any future violations will be cited as repeat violation sand the property owner will be cited as repeat offender.

The Special Magistrate verified with Ms. Crain that the photos in the backup documents were taken by her.

The Special Magistrate asked if there was anyone present to speak regarding this case.

Adam Perez of 3385 Round Lake Road, Zellwood, FL 32798, owner of BRIJE, LLC. He stated that when he met with Ms. Crain on site, it was his understanding that she wanted a silt fence around the perimeter of all house pads, and he felt that he had complied. He stated that he understands erosion patterns, he understands that the water flow should be obstructed in a way to collect silt from flowing onto neighboring properties. He advised that the silt fence is removed when the sod and the irrigation is installed. Construction has slowed due to difficulty receiving building materials and that he is trying to catch the sediment in certain areas on this property. He stated this structure is being built into the side of the hill and that the silt fence is located on the low side of the hill due to the water pattern. He stated that he will continue to try to work with Ms. Crain.

Mr. Perez presented photos of the subject property to the Special Magistrate. (On file in the Clerk’s office)

The Special Magistrate asked if there were construction or site plans submitted that included an erosion control plan when the application was submitted.

Mr. Perez stated that this is his first time working in the Town and he was not aware that that tree permits were required, as Ms. Crain noted in her testimony. He stated that when he obtained the building permit from the Growth Management department, tree permits were not requested.

Wendy Then, Senior Planner with the Town of Lady Lake, stated that she is also an inspector for the Town. When a house is ready for a Certificate of Occupancy, she conducts a final landscaping inspection of the site. She stated that during site inspections of two properties in this subdivision, she observed the deterioration of the silt fencing along the perimeters of many of the lots under active construction by the BRIJE Construction Company.

Ms. Then stated that requirements for tree removal is mentioned within the building permit application under, “special notes”, and also in areas within the permit stating “…may require a tree removal permit…”

Ms. Then advised that a separate erosion control plan is not required. She stated that when the applicant comes to the Growth Management Department to pick up their permit, they are told that there could be a requirement for silt fencing. She advised that due to the elevation and contours of this subdivision where Lake Ella is below, there may be several vacant lots along Lake Ella with the potential of receiving water runoff from future construction in this development and this issue must be addressed.

Special Magistrate confirmed with Ms. Crain that the property affected by the runoff from 212 Forest Park Lane is 214 Forest Park Lane.

Ms. Crain stated that she has had previous cases with this contractor and silt fence issues, and he has not corrected the problem.

The Special Magistrate asked for clarification as to the proper placement of the silt fencing.

Ms. Crain explained the fencing should be below the structure, farther down the hill, to prevent any erosion from flowing onto the neighboring property. She stated that her photos prove that the erosion began at this property. She confirmed that 214 Forest Park Lane also had a lot of erosion, and that the contractor is actively working toward compliance.

Ms. Then stated that if the applicant is experiencing chain supply issues, they can contact Growth Management and Town staff can recommend that the contractor seed or sod the affected areas. She stated that a project manager is required to conduct a silt fence inspection around all active construction sites after a storm event. This is also communicated to the applicant when they pick up their permits.

Chris Mason, 218 Forest Park Lane, stated that he owns the property at 214 Forest Park Lane that has been discussed. He stated that he is more concerned about what will happen in the future when it rains. He presented pictures showing storm damage from a storm that occurred September 21, 2021, that still has not been corrected. He stated that he has proceeded with landscaping and has not seen any active erosion control efforts from Mr. Perez’s crew.

Mr. Perez stated that he will proceed with irrigation and sod around 212 Forest Park Lane to stabilize the property to prevent any further erosion.

Ms. Crain stated the installation of the sod is acceptable and she will inspect the property after it is installed to ensure there is no further erosion onto neighboring properties or into the storm drains.

Mr. Perez restated that this is a hilly subdivision located above Lake Ella. Therefore, water from each house will be impacting someone else’s property, not just in an erosion or sediment sense, but water will be moving onto other properties. He stated that there are no swales between homes and water will flow from one property to the next property.

Ms. Crain stated that staff understands that rainwater from each house affects the neighboring house. She stressed that the issue is that sediment cannot be escaping construction sites.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until November 12, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $100 per day fine will begin accruing thereafter for each day the violation continues to exist.

8. Case 21-8229 — 486 N Hwy 27/441 — SRK Lady Lake 21 Assoc. LLC, and Dollar Tree — Town of Lady Lake Code of Ordinances Section 7-47 — Fire Hazards; and Town of Lady Lake Land Development Regulations Section 16-2(c) — Fire Codes, Inspection Requirements; 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 Respondents in violation of the Town of Lady Lake Land Development Regulations Section 16-2 and Code of Ordinances Section 7-47, Fire Codes; impose and $87 administrative fee; allow the Respondents until November 15, 2021 to successfully bring the property into compliance or a fine of $200 per day will begin to accrue for each date the Property is not in compliance and continue to accrue at the daily rate until such time as the Property comes into complete compliance. Complete compliance includes payment of all outstanding fire inspection fees and administrative fee as well as compliance of the fire code deficiencies.

The Special Magistrate stated for the record that no one is present to speak on this matter.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until November 15, 2021, to successfully bring the property into compliance, which includes payment of administrative fee, fire inspection fees and compliance of the fire code deficiencies, after which a $200 per day fine will begin accruing for each day thereafter for each day the violations continue to exist.

9. Case 21-8266 — 721 Bolivar St. — Maximo A. L. Sing and Gladys A. M. Aguero De Liy — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; 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 Respondents in violation of Town of Lady Lake Land Development Regulations Section 16-52, Building permit Required, impose $87 administrative fee, and afford the property owners until November 20, 2021, to successfully bring the property into compliance or a fine of $25 per day be assessed thereafter for each day the violation continues to exist.

The Special Magistrate verified with Ms. Crain that the property owners are aware that the apron needs to be repoured.

Ms. Crain stated that on October 19, 2021, someone contacted staff informing them that a contractor will inspect the site and decide if he will accept the job. There has been no further communication from the property owners.

The Special Magistrate stated for the record that no one is present to speak on this matter.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until November 20, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $25 per day fine will begin accruing thereafter for each day the violation continues to exist.

10. Case 21-8306 — 213 Skyline Dr. — Jose L. Gomez and Elvira Saldana — Town of Lady Lake Code of Ordinances Section 20-19(a)(1) and 20-19(f) — General Structural Specifications; and Town of Lady Lake Land Development Regulations Section 16-54(b), Building Permit; Time Limits (expired 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 to find the Respondents in violation of Town of Lady Lake Code of Ordinances Section 20-19(a)(1) and 20-19(f), General Structural Specifications; and Town of Lady Lake Land Development Regulations Section 16-54(b), Building Permit; Time Limits (expired permit); impose an $87 administrative fee and allow the Respondents until November 20, 2021 to successfully bring the Property into compliance or a fine of $25 per day be assessed thereafter for each day the violation continues to exist. If the mobile home permit is not renewed by November 20, 2021, the mobile home’s exterior — skirting, windows, and doors — must be boarded and secured by November 30, 2021.

The Special Magistrate verified with Ms. Crain that the photos in the backup documents were taken by her.

The Special Magistrate asked if there was anyone present to speak regarding this case.

Elvira Mendez, 613 Summit Street, Lady Lake.

Wendy Then, Town of Lady Lake Senior Planner, translated for Ms. Saldana.

Ms. Then advised that per Florida Building Code, a mobile home installer is required to submit the mobile home installation building permit. The homeowner is also responsible to complete some upgrades. Per Ms. Saldana, the permit expired due to both parties failing to complete their portions of the upgrades. Ms. Saldana has renewed the mobile home plumbing, electrical and HVAC permits, and has called the mobile home installer to come back and finish the installation. Once that’s complete, the outside work will be complete. She stated that she has called the mobile home installer and they have not received a response. She stated that she will continue to call the company.

Ms. Then advised that one of the permits Ms. Saldana obtained has passed inspection, which allows the homeowner an additional six months to complete the remainder of the upgrades.

Ms. Saldana stated that her son has been the contact person with the mobile home installer, and he has been out of country. When he returns, he will take over working with the mobile home installer.

Ms. Crain advised that she did not know until recently that Ms. Saldana’s son was the person who began this renovation, nor that he was out of the country. She stated that this structure has been vacant for several months and there is large animal control problem in that neighborhood that these animals will use as shelter.

Ms. Crain stated that at a minimum skirting must be installed by November 20, 2021. If boards are used, they must be painted to match the exterior paint of the structure.

Ms. Then translated for Ms. Saldana the terms of the Order of Enforcement read by the Special Magistrate.

Ms. Saldana stated for the record that she understands the terms.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until December 1, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $25 per day fine will begin accruing thereafter for each day the violation continues to exist. It is further ordered that if the mobile home permit is not renewed by December 1, 2021, the mobile home’s exterior skirting must be installed, secured, and painted if necessary.

11. Case 21-8319 — 1221 Pompano Lane — Diane K. Greenberg 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 the Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions, Accumulations Deemed Public Nuisance, impose an $87 administrative fee; allow the Respondents until November 20, 2021, to successfully bring the Property into compliance or a fine of $25 per day be assessed thereafter for each day the violation continues to exist.

The Special Magistrate verified with Ms. Crain that the photos in the backup documents were taken by her.

The Special Magistrate asked if there was anyone present to speak regarding this case.

Judith Hubany, 1223 Pompano Lane, Lady Lake, stated that the homeowners are both deceased, and no one is coming forward to do anything with the property. She stated that the neighbors would like to know when the property will be mowed and how often.

Ms. Crain advised the Town does not abate property. She stated that The Villages district has not attended to this property as they have other similar properties.

Ms. Hubany stated that she has a scheduled hearing with The Villages in November.

The Special Magistrate stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay $87 administrative fee and have until November 20, 2021, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $25 per day fine will begin accruing thereafter for each day the violation continues to exist.