Minutes of the December 16, 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 10:35 a.m.
Town Staff Present
Lori Crain, Code Enforcement Officer; and Carol Osborne, Staff Assistant to the Town Clerk
Others Present
Ed Freeman, Commissioner Ward 3; Paul Hannan, Commissioner Ward 4
A. Call To Order
Joshua Bills, Special Magistrate, called the meeting to order at 10:35 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 October 26, 2021 Special Magistrate Meeting
The Special Magistrate accepted and signed the meeting minutes of October 26, 2021 into the record as presented.
The Special Magistrate asked if there were any changes to the agenda.
Code Enforcement Officer Lori Crain replied that Case 21-8306 and Case 21-8090 have complied.
E. Old Business
2. Case 21-8198 — 212 Forest Park Ln — Brije LLC — Town of Lady Lake Land Development Regulations Section 13-7(f) — Sediment Control; 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 was to the Special Magistrate is to find Respondent not in compliance with the Order of Enforcement due to an outstanding $87 administrative fee; recommend an Order of Fine be entered in this matter in the amount of $87 in addition to an $87 administrative fee for this Order of Fine hearing. Total amount of $174 be paid in full to the Town of Lady Lake by 5 p.m. Monday, January 5, 2022 or the fees will be recorded as a lien against the property.
The Special Magistrate asked if anyone is present to speak on this matter.
Adam Perez, co-owner of Brije, LLC, stated that the property was brought into compliance per the Order of Enforcement. He stated that he was not aware that the administrative fee was not paid and will not dispute this Order of Fine.
Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8198 based on the information provided through the evidence and testimony regarding this case. The Respondent was found to be noncompliant with the Order of Enforcement dated October 26, 2021. The Respondent shall pay the accrued amount to date of $174, paid in full to the Town of Lady Lake by 5:00 p.m. Monday, January 5, 2022. If not paid by said date, the fines will be recorded as a lien against the property.
3. Case 21-8229 —486 N Hwy 24/441 — 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 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 not in compliance with the Order of Enforcement due to outstanding fees and accrued fine. Recommend an Order of Fine be entered in this matter in the amount of $87, in addition to the $87 administrative fee for this Order of Fine hearing, along with $560 delinquent Fire Inspection fees and accrued fine of $3000. Total due of $3734 to be paid in full to Town of Lady Lake by 5 p.m. Monday January 5, 2022, or the fines and fees be recorded as a lien against the property.
The Special Magistrate stated for the record that no one is present to speak on this matter.
Special Magistrate Bills executed the Order of Fine for Case 21-8229 based on the information provided through the evidence and testimony regarding the case. The Respondents were found to be noncompliant with the Order of Enforcement dated October 26, 2021. The Respondents shall pay the accrued amount to date of outstanding administrative fees and fire inspection fees totaling $3,734 by 5:00 p.m. Monday January 5, 2022. If not paid by said date, the fines will be recorded as a lien against the property.
4. 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 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 Respondent not in compliance with the Order of Enforcement due to an outstanding $87 administrative fee; recommend an Order of Fine be entered in this matter in the outstanding amount of $87, in addition to an $87 administrative fee for this Order of Fine hearing. Total amount of $174 be paid in full to the Town of Lady Lake by 5 p.m. Monday, January 5, 2022, or the fees will be recorded as a lien against the property.
The Special Magistrate stated for the record that no one is present to speak on this matter.
Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8266 based on the information provided through the evidence and testimony regarding this case. The Respondent was found to be noncompliant with the Order of Enforcement dated October 26, 2021. The Respondent shall pay the accrued amount to date of $174, paid in full to the Town of Lady Lake by 5:00 p.m. Monday, January 5, 2022. If not paid by said date, the fines will be recorded as a lien against the property.
5. Case 21-8306 —213 Skyline Dr. — Jose L. Gomez and Elvira M. Saldana — Town of Lady Lake Land Development Regulations Section 16-52, Building Permit Required; Town of Lady Lake Code of Ordinances Sections 20-19 (a)(1), 20-19(f) — General Structural Maintenance; Order of Fine (Lori Crain)
This case has come into compliance.
6. Case 21-8319 —1221 Pompano Lane — Diane K. Greenberg Estate — Town of Lady Lake Code of Ordinances Sections 7-67 — Certain Conditions, Accumulations Deemed Public; 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 Respondent not in compliance with the Order of Enforcement due to an outstanding $87 administrative fee; recommend an Order of Fine be entered in this matter in the outstanding amount of $87 in addition to an $87 administrative fee for this Order of Fine hearing. Total amount of $174 be paid in full to the Town of Lady Lake by 5 p.m. Monday, January 5, 2022, or the fees will be recorded as a lien against the property.
The Special Magistrate stated for the record that no one is present to speak on this matter.
Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8319 based on the information provided through the evidence and testimony regarding this case. The Respondent was found to noncompliant with the Order of Enforcement dated October 26, 2021. The Respondent shall pay the accrued amount to date of $174, paid in full to the Town of Lady Lake by 5:00 p.m. Monday, January 5, 2022. If not paid by said date, the fines will be recorded as a lien against the property.
7. Case 20-7769 — 104 Neil Court — Lake County Citrus Sales, Inc. — Town of Lady Lake Land Development Regulations Section 16-5 — 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 remains unchanged; Respondent remains noncompliant by failure to renew the expired permit and pay the $87 administrative fees from the Order of Enforcement and the Order of Fine hearings. Therefore, it is recommended the Respondent, an established repeat offender, be found in violation of the Order of Enforcement dated July 27, 2021, impose $87 administrative fee for today’s hearing; enter an Order of Fine in this matter in the amount of $7100, the daily accrued amount of fine to date, with the $50 per day fine continuing to accrue, the unpaid $87 administrative fee from the Order of Enforcement and previous Order of Fine hearings to be recorded as a lien against the property.
The Special Magistrate stated that this case has been heard previously as an Order of Enforcement and Order of Fine.
Robert Bone, the attorney representing Lake County Citrus Sales, Inc., stated that his client is not disputing the condition of the property. He is requesting a continuance for the Order of Fine due to his and his client’s failure to notify Ms. Crain that they would not be attending the October 26, 2021 Special Magistrate hearing when the Order of Fine was executed.
Ms. Floyd, owner of Lake County Citrus Sales, Inc., explained the various circumstances regarding the difficulty in bringing the property into compliance.
Mr. Bone requested a 60-day extension to the Order of Enforcement, at which time if his client has not brought the property into compliance, the Order of Fine will be executed from date of the Order of Enforcement, July 27, 2021.
The Special Magistrate explained that due to Florida Statute, he is not to permitted to review cases prior to the hearing. As such, the Special Magistrate called a ten-minute recess at 10:27 a.m. to review the backup documents and the Town’s code.
The meeting reconvened at 11:38 a.m.
Special Magistrate revoked the Order of Fine dated October 26, 2021. He granted the Respondent a 60-day extension. The Respondent has until February 17, 2022, to bring the property into complete compliance or the fine of $50 per day, still accruing, will be reinstated. The Order of Fine will be heard at the February 22, 2022, Special Magistrate hearing. The Respondent shall pay an $87 administrative fee for today’s hearing.
F. New Business
8. Case 21-8090 — 325 W Lady Lake Blvd. — Steven and Denise Marshall — Town of Lady Lake Land Development Regulations Section 16-54(b)(2) — Expired Building Permit; Order of Enforcement (Lori Crain)
This case has come into compliance.
9. Case 21-8355 — 323 W Lakeview St. — Patricia D. Grigsby — 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 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 Administrative fee of $87 and allow the Respondent until December 30, 2021, to successfully bring the Property into compliance or a fine of $25 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 30, 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 21-8369 — 241 W McClendon St — Brittany Johansen — Town of Lady Lake Code of Ordinances Section 7-46, Unlawful Storage of Junk, etc., Prohibited; and Land Development Regulations Section 9-2(h)(1), Outside Storage-Residential Uses. 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 and establish repeat violation status for the Town of Lady Lake Code of Ordinances Section 7-46 and Land Development Regulations Section 9-2(h)(1); Impose $87 administrative fee and allow the Respondent until December 30, 2021 to bring the property into compliance or a fine of $25 per day will begin to accrue for each day the Property is not in compliance and will continue to accrue at the daily rate until such time as the Property comes into compliance. Further order that the Respondent contact Code Enforcement to schedule a post hearing inspection to confirm complete compliance.
The Special Magistrate verified with Ms. Crain that the photos in the backup documents were taken by her.
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 is established as a Repeat Offender; Respondent shall pay $87 administrative fee and have until December 30, 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.
8. Case 21-8387 — 107 Hidden Oaks Dr. — Brije LLC — Town of Lady Lake Land Development Regulation Tree Protection Section 10-5(a)(1, 2 & 3) Prohibitions;10-5(c) (2)(A) Clearing and Tree Permit & Removal of Historic Trees on Residentially Zoned Lots; 10-5(c)(5)(B), After the Fact Permits; 10-5(k)(5), Violations and Enforcement; 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 and establish repeat violation status for the Town of Lady Lake Land Development Regulation Sections as stated in the Hearing Notice; impose $87 administrative fee. Further order and enforce the Administrative Code Section 1-83(c)(4) deeming the removal of the historic tree as irreversible in nature and thus impose the maximum fine of $5000 as allowed per Florida State Statute 162.09(2)(a). Respondent must obtain an after-the-fact tree removal permit of $1000 which includes all of the trees that were removed on this property. Staff recommends allowing the Respondent until 5 p.m. on January 3, 2022 to obtain the after-the-fact tree removal permit and pay all fines and fees or a fine of $50 per day will begin to accrue until complete compliance is obtained and confirmed.
The Special Magistrate asked if anyone is present to speak on this matter.
Adam Perez, co-owner of Brije, LLC, stated that his company has not worked in Lady Lake until recently. He stated that when he applied for the building permits, Town staff did not tell him that tree permits were required. He acknowledged that he is aware it is written within the building permits. He requested leniency in this matter.
The Special Magistrate asked for the zoning designation for this property.
Ms. Crain stated that it is zoned for single family residences.
Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. The Respondent is hereby established as a repeat offender. Respondent shall pay fine of $4000 by 5 p.m. January 3, 2022, for the irreversible nature of the violation, $87 administrative fee, along with submitting and paying for the After-the-Fact Tree Removal permit in the amount of $1000. Respondent must successfully bring the property into compliance, which includes payment of all fines and fees, after which a $50 per day fine will begin accruing January 4, 2022 thereafter for each day the violation continues to exist.
G. OTHER
F. Adjourn
There being no further business, the meeting adjourned at 12:46 p.m.