Special Magistrate Meeting Minutes

Minutes of the January 25, 2022 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. Thomas Sarakinis; and Carol Osborne, Deputy 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 December 16, 2021 Special Magistrate Meeting

The Special Magistrate accepted and signed the meeting minutes of December 16, 2021 into the record as presented.

The Special Magistrate asked if there were any changes to the agenda.

Code Enforcement Officer Lori Crain advised that Case 20-7585 has come into compliance; Case 21-8298 and Case 22-8504 have been continued to the February Special Magistrate hearing, and will not be heard today; Case 21-8404 the hearing notice was not received within the required time limit, and will be continued to the February hearing; Typographical error on Case 21-8407, correct violation is the Town of Lady Lake Land Development Regulations section 15-82(j)(1)

E. Old Business

2. 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 Fine (Lori Crain)

This case has come into compliance.

3. Case 21-8144 — 1201 Avenida Central, North Star Florida Motel, LLC — Town of Lady Lake Code of Ordinances and Town of Lady Lake Land Development Regulations — Violations Too Numerous to List (available upon public record request) 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 was to revoke the Order of Enforcement entered on June 22, 2021; enter a new Order of Enforcement to allow and extend to the new owner, North Star Florida Motel, LLC, to July 1, 2022 to bring the property into complete compliance to include all the previous codes and regulations documented in the Notice of Violation. Complete compliance shall include passing final inspections of The Villages Public Safety Division Fire Prevention Department with buildings 1, 2 and 3 declared safe to occupy, and passing final inspections of the Town of Lady Lake Building Department and Building Official. Building 4 shall remain unoccupied by guests or residents until completion and passing final inspections by Building and Fire officials. If complete compliance is not obtained by July 1, 2022, a daily fine of $200 will begin to accrue for each day that the property remains noncompliant. Further, order Respondent to pay all costs associated with this matter in the amount of $174, the total of unpaid $87 administrative fee for the June 22, 2021, Order of Enforcement hearing and an administrative fee for today’s hearing.

The Special Magistrate asked if anyone present wished to speak on this matter.

Craig Musil, the new owner of the La Hacienda Hotel, presented the Special Magistrate with papers regarding the purchase of the La Hacienda Hotel. He stated that in 2013 he and his wife purchased Comfort Suites The Villages, along with another hotel, both located on either side of the La Hacienda Hotel. They have completed renovations to those hotels and are committed to renovating the La Hacienda Hotel. He noted that they own several Comfort Suites hotels in the area and have a vested interested in this hotel.

Mr. Musil reviewed the purchase timeline, which began in February 2021. He stated that the previous owner was in the process of converting the hotel into a condominium.  The compliance issues with the Town and The Villages did not get resolved until late 2021. He stated that he was not aware of the code enforcement issues until the previous owner informed him in October 2021. He stated that the DRI issues were resolved in November and the sale of the hotel was complete in December.

Mr. Musil stated that this month he signed a franchise agreement with Surestate Hotel Group by Best Western for this hotel, a general contractor agreement, a landscaping contract and he met with Ms. Crain on site on January 20th, 2021 to go over the progress of the improvements to date. He noted that he was given a property improvement plan by Surestate to be completed prior to the building signs being permitted.

The Special Magistrate confirmed with Mr. Musil that staff’s recommended compliance date of July 1, 2022 is acceptable.

Special Magistrate Bills revoked the Order of Enforcement dated June 22, 2021, for the previous owner of this establishment.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted for the new owner. Respondent shall pay an $87 administrative fee, as well as an $87 unpaid administrative fee left by the previous owner, and have until July 1, 2022, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $200 per day fine will begin accruing July 2, 2022, and each day thereafter for each day the violations continue to exist.

4. Case 21-8355 — 323 W Lakeview St., Patricia D. Grigsby — Town of Lady Lake Code of Ordinances Sections 7-67 — Certain Conditions, Accumulations Deemed Public Nuisance; 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 in violation of the Order of Enforcement dated December 16, 2021 and to enter an Order of Fine in the amount of $174, the total of administrative fees for Order of Enforcement hearing and today’s Order of Fine hearing, and the daily fine of $25 per day that commenced on December 31, 2021 through January 24, 2022 for total of $600. Fine and 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 21-8355 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 December 16, 2021. Respondent shall pay fine in the amount of $600, which is the total fine of $25 per day that commenced on December 31, 2021 through January 24, 2022. Respondent shall pay all costs associated with the case in the amount $87. All fines and costs shall be paid in full to the Town of Lady Lake by 5:00 p.m. February 14, 2022. If not paid by said date, the fines will be recorded as a lien against the property.

5. Case 21-8369 —241 W McClendon St., Brittany Johansen — Town of Lady Lake Land Development Regulations Section 9-2(h)(1), Outside Storage-Residential uses; Town of Lady Lake Code of Ordinances Sections 7-46 Unlawful storage of junk, etc., prohibited —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 in violation of the Order of Enforcement dated December 16, 2021. Enter an Order of Fine in the amount of $174 plus the total of administrative fees for Order of Enforcement hearing and Order of Fine hearing, and the daily fine of $25 per day that commenced on December 31, 2021, which will continue to accrue until the property is brought into compliance, otherwise, the accruing fine and fees will be recorded as a lien against the property.

The Special Magistrate asked if anyone present wished to speak on this matter.

David Rawls, 236 W McClendon Street stated that this property has continued to decline over the years.

Special Magistrate Joshua Bills executed the Order of Fine for Case 21-8369 based on the information provided through the evidence and testimony regarding this case. Respondent was found to be noncompliant with the Order of Enforcement dated December 16, 2021. Respondent shall pay a fine in the amount of $25 per day commencing on December 31, 2021 for each day the property is not in compliance and shall continue to accrue at the daily rate of $25 until such time as the property is brought into compliance. Respondent shall pay an administrative fee of $87; all fines and fees shall be paid in full to the Town of Lady Lake by 5:00 p.m. February 14, 2022. If not paid by said date, the fines will be recorded as a lien against the property.

F. New Business

6. Case 21-8298 —207 Brevard Ave., William K. Maddox — Town of Lady Lake Code of Ordinances Section 20-20(a)(5) — Property Maintenance and Appearance Standards; Order of Enforcement (Lori Crain)

This case is continued to the February 22, 2022 Special Magistrate hearing.

7. Case 21-8388 — 317 Orange St. — Highland Property Services Orlando, LLC — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required; 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 item (on file in the Clerk’s Office).

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

Staff recommendation is to find the Respondent in violation of the Town of Lady Lake Land Development Regulations Section 16-52, Building Permit Required and Town of Lady Lake Code of Ordinances Section 7-67, Certain Conditions; Accumulations Deemed Public Nuisance; impose an administrative fee of $87 and allow the Respondent until March 1, 2022, to successfully bring the property into compliance or a fine of $200 per day will begin to accrue for each day the Property is not in 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 an $87 administrative fee and have until March 1, 2022, to successfully bring the property into compliance, which includes payment of administrative fees, after which a $200 per day fine will begin accruing beginning on March 2, 2022 and will continue to accrue each day thereafter and as long the violation continues to exist.

8. Case 21-8404 — 444-446 Winners Circle — GABSAN, LLC — Town of Lady Lake Land Development Regulations Section 16-52 — Building Permit Required and Section 9-4(a) Fences and walls: permit required, Order of Enforcement (Lori Crain)

This case will not be heard today due to Respondent not receiving notice in timely manner.

9. Case 21-8407 — 205 Ann St. — Heather Clark — Town of Lady Lake Land Development Regulations Section 15-82(j)(1), Single Family Residence Driveway (requirements); 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 Land Development Regulations Section 15-82(j)(1), Single Family Residence Driveway Apron requirements; impose administrative fee of $87 and allow the Respondent until February 28, 2022, to successfully bring the Property into compliance or a fine of $25 per day will be assessed thereafter for each day the violation continues to exist.

The Special Magistrate clarified with Ms. Crain the condition of compliance is to return the right-of-way to the previous condition or install an apron.

Ms. Crain stated that it is not specified in the code. Staff advised Ms. Clark to correct the violation, she could stop parking on the area in question and replace the sod.

Heather Clark, 205 Ann Street, stated that she did not know that she could not have more than one driveway. She stated that when she received the violation notice, she planted grass in the area. She explained that she parks on her grass due to health reasons; typically to unload her vehicle. She stated that she is willing to bring the property into compliance.

Special Magistrate encouraged Ms. Clark to continue to work with Ms. Crain and keep her informed of progress.

Special Magistrate Bills stated that based on the evidence provided, including pictures and testimony, an Order of Enforcement is warranted. Respondent shall pay an $87 administrative fee and have until February 28, 2022, 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 22-8504 — 710 Summit St — Sandra J. Curry — Town of Lady Lake Code of Ordinances Chapter 20, Community Preservation Section 20-15, Compliance with Minimum Standards; 20-17, Light; Ventilation; 20-18, Sanitation; 20-19, General Structural Specifications; 20-20, Maintenance and Appearance Standards; 20-21, Unsafe Dwellings, Hotels or Rooming Houses; and 20-23, Responsibilities of Owners; Order Declaring Unsafe Structure (Lori Crain)

This case is continued to the February 22, 2022, Special Magistrate hearing.

11. Case 22-8506 — 312 S Hwy 27/441, Lady Lake Dollar, 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; Serious Threat to Public Health and Safety; Request to establish as Repeat Offender; 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 Land Development Regulation Section 16-2 and Town of Lady Lake Code of Ordinances Section 7-47, Fire Codes that threaten the public health and safety; impose administrative fee of $87; allow the Respondent until February 1, 2022 to pass the required annual inspection by the Fire Inspector and submit a satisfactory action plan outlining procedures and designs implemented to maintain and ensure future compliance. If the fire inspection by Inspector Barnett does not pass, the business will be locked and shut down until a satisfactory inspection is passed or a $200 per day fine will begin to accrue until such time as the Property is in complete compliance. Further, order Respondent to pay delinquent fire inspection fees in full by 5:00 p.m. Thursday February 10, 2022. Due to repeated noncompliance with required fire and life safety codes, staff is requesting the Respondent and Property be established as a Repeat Offender.

Kerry Barnett, Fire Inspector contracted by the Town of Lady Lake as required by Florida Statute 633, was present.

Special Magistrate verified with Mr. Barnett for the record that the photographs included in the backup documents were taken by him.

Mr. Barnett stated that he took the photographs at the time of each inspection.

The Special Magistrate asked if anyone is present to speak on this matter.

The District Manager for Dollar General, stated that he has been working with Mr. Barnett to bring the property into compliance. He advised that they have a corrective action plan in place for the store, and significant improvements have been made thus far.

The Special Magistrate encouraged him to continue working with Ms. Crain and Mr. Barnett to ensure that the property remains in compliance.

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 an administrative fee of $87 and delinquent fire inspection fees of $700 by 5 p.m. February 10, 2022. Respondent must successfully bring the property into compliance by 5:00 p.m. Tuesday February 1, 2022, or the property and business will be locked and shut down by the Fire Inspector, after which a $200 per day fine will begin accruing February 2, 2022 and continue to accrue thereafter for each day the violation continues to exist.

12. Case L21015629 — 365 Carriage Lane, Brandy Steinmetz & Chase Smallwood — Town of Lady Lake Code of Ordinances Section 4-4, At Large Animal (Denise Williams)

Animal Control Officer Denise Williams presented the background summary for this agenda item, along with a video (on file in the Clerk’s Office).

Staff’s recommendation to the Special Magistrate is to find the Respondents in violation of the Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal; impose full fines of $35 for this repeat violation.

Special Magistrate confirmed with Ms. Williams that this is the video presented to her by the complainant.

The Special Magistrate asked if anyone present wished to speak on this manner.

Craig Morris, 360 Carriage Lane, Lady Lake stated that he witnessed the incident while the video was taken. He stated this is an ongoing issue with this animal.

Samantha Anderson, 360 Carriage Lane, Lady Lake stated that she took the video presented associated with this case. She stated that she attended a Special Magistrate hearing last year for this issue. She stated that this is a reoccurring issue with this animal, and that she has several videos documenting this animal at large that she will submit to Ms. Williams.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L21015629, he finds the Respondent is in violation of the cited code as a repeat violation and imposed a fine of $35 to be paid within 15 days due to the timeline of certified mail delivery. 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.

13. Case L21017770 — 365 Carriage Lane, Brandy Steinmetz & Marvin Chase Smallwood — Town of Lady Lake Code of Ordinances Section 4-4, At Large Animal (Denise Williams)

Animal Control Officer Denise Williams presented the background summary for this agenda item, along with videos (on file in the Clerk’s Office).

Staff’s recommendation to the Special Magistrate is to find the Respondents in violation of the Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal; impose full fines of $35 for this repeat violation.

The Special Magistrate stated that this case and the previous case are connected and clarified with Ms. Williams that she is requesting an additional fine due to her having to visit the property again.

Ms. Williams stated that each incident is given a new case number, along with a new individual citation.

The Special Magistrate requested testimony from the witness for the record.

Craig Morris, 360 Carriage Lane, stated that he has tried to discuss this issue with Mr. Smallwood regarding this issue. He stated some of these instances occur late at night or in the early morning hours. He stated that his dogs react when Mr. Smallwood’s dog is in his yard. He reiterated that this issue has been going on for years.

The Special Magistrate confirmed with Mr. Morris that the videos shown relative to this case were taken by security cameras on the same night.

Ms. Williams added that there have more instances with this individual in between these citations and after these citations have been issued. She advised that she and her supervisor have attempted to discuss this with both parties to rectify the issue.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L21017770, he finds the Respondent is in violation of the cited code as a repeat violation and imposed a fine of $35. 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.

14. L21018759 — 241 W McClendon Street, Brittany Johansen — Town of Lady Lake Code of Ordinances Section 4-4, At Large Animal (Denise Williams)

Animal Control Officer Denise Williams presented the background summary for this agenda item, including photographs submitted to her by the complainant (on file in the Clerk’s Office).

Staff’s recommendation to the Special Magistrate is to find the Respondent in violation of the Town of Lady Lake Code of Ordinances, Section 4-4, At Large Animal; impose full fines of $35 for this violation.

David Rawls, 236 W McClendon Street.

The Special Magistrate confirmed with Mr. Rawls that he took the pictures of the dogs on his property.

Mr. Rawls stated that has seen the dogs in the road, blocking traffic. He stated that his wife was walking her service dog and the brown dog barked at them and approached them. He stated that she did not proceed and returned home.

The Special Magistrate asked if anyone else wished to speak on this matter. Seeing no one, he proceeded with his ruling.

Special Magistrate Joshua Bills stated that based on the sworn testimony and evidence presented on Case L21018759, he finds the Respondent is in violation of the cited code as a repeat violation and imposed a fine of $35. 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.

G. OTHER

F. Adjourn

There being no further business, the meeting adjourned at 12:14 p.m.

s/ Joshua E. Bills, Special Magistrate

s/ Carol Osborne, Deputy Town Clerk

Minutes transcribed by Carol Osborne, Deputy Town Clerk