Special Magistrate Hearing (2024-05-23)

MINUTES OF THE SPECIAL MAGISTRATE HEARING TOWN OF LADY LAKE, FLORIDA

May 23,2024

The regular meeting of the Special Magistrate was held in the Town Hall Commission Chambers at 409 Fennell Blvd., Lady Lake, Florida.

TOWN STAFF PRESENT

Lori Crain, Senior Code Enforcement Officer; Denise Williams, Code Enforcement Officer; Officer Josh Redmond, Lady Lake Police Department; Ted Williams, Street Maintenance Supervisor; and Carol Osborne, Deputy Town Clerk

CALL TO ORDER

Joshua Bills, Special Magistrate, called the meeting to order at 10:30 a.m.

PLEDGE OF ALLEGIENCE

All who were present stood and recited the Pledge of Allegiance.

- 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 Respondent(s) have the right to represent and question their own witnesses and any witnesses testifying against them and introduce exhibits. The Special Magistrate is also permitted to ask questions of either party and/or witnesses, if desired.

Evidence submitted as an exhibit to any case, such as pictures and written statements, will become a permanent part of the case and made part of the record. Once part of the record, it is possible that these items will not be returned to the Respondent(s).

All testifying witnesses shall be sworn in by the Clerk.

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The Special Magistrate has the discretion to continue a hearing at any time and may request additional information from either party. If a hearing is continued, a date certain for the continued hearing shall be announced at the public hearing.

Upon completion of all the evidence the case will be closed for public comment. The Special Magistrate will then immediately deliberate in open session before the public and will render his decision on the case.

Persons demonstrating disruptive or disorderly behavior at hearings or violating established rules of order will be called to order. If such conduct continues, a recess may be called and a request for the removal of such person(s) from the chambers upon a finding of "disorder". The hearing will be adjourned if it is determined to be the appropriate action, or another appropriate action as permitted by law will be undertaken to restore order.

Although the public is welcome at the hearings of the Special Magistrate, they shall not be allowed to participate in or address the Special Magistrate during deliberation.

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. 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 the full Order regarding their case.

SWEARING IN

The Special Magistrate requested that anyone present who planned to speak at today's hearing stand and be sworn in.

Minutes of the May 9, Special Magistrate Hearing

The Special Magistrate accepted and signed the minutes of April 25,2024,and May 9,2024, into the record as presented.

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Senior Code Enforcement Officer Lori Crain advised of the following changes to the agenda: Case 23-2091, Section 14-1 Right-of-Way Obstructions violation was omitted; Case 24-000243 will not be presented.

OLD BUSINESS

1. Case 23-001210 -813 Summit St., Denise Deal — Minimum Standards — General Structure Specifications Section 20-19(a)(1), Weatherproof & Weathertight; Section 20-19(6), Stairs, Porches, Balconies; Section 20-19(f), Structures Free from Infestations; Fences, Walls in Good Condition; Section 20-20(a)(1), Exterior Surfaces Maintained Adequately; Unsafe Dwellings Section 20-21(c), Hazards to Egress and Fire Protection; Section 20-21(d), Falling, Hanging, Loose Material; Section 20-21(a), Abandoned and Open; Section 20-21(e), Structural Deterioration; Section 20-21(f), Partially Destroyed; Section 20-21(g), Sagging, Leaning, Deterioration; Section 20-21(j), Other Conditions Unsafe for Occupancy or Use; Minimum Standards Repairs Section

Code Enforcement Officer Williams presented the background summary for this case stating that this case was presented at the March 28, 2024, Special Magistrate hearing. No one was present for the Respondent. She advised that on April 10, 2024, she received a call from Ashley Moss, the daughter of the property owner, who advised that her mother was currently in hospice and that she was making end-of-life preparations for her. She explained that she lived in TN, and she confirmed the TN mailing address.

Ms. Williams reported that Ms.Moss stated that her brother, Jacob Deal, had Power of Attorney, but that he lost the document and they do not know how to obtain another one.She stated that he was going to attempt to remove the dilapidated stairs but that it would be too dangerous for him to remove the sliding glass door and board up the wall.She explained that the entire wall and floor on that side of the mobile home has rotted and that there would be nothing to secure the boards too. Ms.Williams explained to Ms.Moss that the other option was to hire a contractor to demo the home. Ms.Moss advised that was in their plan but not for several months as money was an issue. She also stated that the property would most likely go through probate. Ms.Moss stated that she knew of a contractor who may be able to assist with the demo of the home.

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Staff recommendation: Find Respondent in violation of the Order of Enforcement dated 3/28/2024; assess $150.00 administrative fee for today's hearing in addition to the outstanding $150.00 administrative fee from the Order of Enforcement hearing; enter an Order of Fine in the amount of $2,200.00, which is the total amount accrued to date of the daily fine of $100.00 that began to accrue on May 1, 2024. The daily fine will continue to accrue at this rate until full compliance is obtained. The fine and fees are to be paid in full to the Town of Lady Lake by 5:00PM, Tuesday, June 4th, 2024, or all will be recorded as a lien against the property.

The Special Magistrate stated that there is no one in attendance to speak regarding this case.

The Special Magistrate executed the Order of Fine based on the evidence and testimony presented. The Respondent shall pay a fine in the amount of $100.00 per day commencing on May 1,2024, for each day the property is not in compliance and shall continue to accrue at the daily rate until such time as the property is brought into compliance. The current total fine at the date of this Order is $2,200.00. Respondent shall pay all costs associated with this case in the amount of $150.00, in addition to the outstanding $150.00 administrative fee due from the March 28,2024, Order of Enforcement hearing. Respondent shall have until 5:00 PM Tuesday, June 4,2024, to bring the property into compliance to cure the cited violation(s), including payment of all costs. The Respondent will receive a copy of the full Order.

2. Case 23-002958—1225 Padgett Cir., Eulises Tirado — Vehicles, Parking & Obstructions Section 14-1, Right-of-Way Obstructions; Minimum Standards Maintenance/Appearance, Section 20-20(a)(3), Off-Street Parking Surfaces; Order of Fine (Denise Williams)

Code Enforcement Officer Williams presented this case stating that this case was presented at April 25,2024,and an Order of Enforcement was entered. The Respondent was not present and was found in violation of Section 14-1 & Section 20-20(a)(3). A $150 administrative fee was imposed.The Respondent was given until 5/7/24,to pay the administrative fee and to bring the property into complete compliance or a daily fine of $25 would begin to accrue on 5/8/24 until the property is brought into complete compliance.

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The Special Magistrate executed the Order of Fine based on the evidence and testimony presented. The Respondent shall pay $150.00 outstanding administrative fee in addition to the costs associated with this Order of Fine hearing in the amount of $150.00. All fines and costs shall be paid by 5:00 PM Tuesday, June 4, 2024, or the total amount of $300.00 will be recorded as a lien against the property. The Respondent will receive a copy of the full Order.

NEW BUSINESS

3. Case 23-002091—120 Hidden Oaks Dr., John R, & Denise H. McGhee - Request for Hearing by Respondent Contractor; Right-of-Way Utilization - General Regulations Section 15-113(j); (Lori Crain)

Senior Code Enforcement Officer Lori Crain advised that a witness will be testifying via Microsoft Teams.