REGULAR MEETING OF THE SPECIAL MAGISTRATE TOWN OF LADY LAKE, FLORIDA. October 22, 2013

Transcription

1 REGULAR MEETING OF THE SPECIAL MAGISTRATE TOWN OF LADY LAKE, FLORIDA The Regular Meeting of the Special Magistrate was held in the Town Hall Commission Chambers, 409 Fennell Blvd., Lady Lake, Florida. The meeting convened at 10:30 a.m. TOWN STAFF PRESENT: Cindy Diemer, Senior Code Enforcement Officer; Donald Hoos, Code Enforcement Officer; Thad Carroll, Growth Management Director; and Julia Wolfe, Staff Assistant to the Town Clerk Also Present: Commissioner Dan Vincent CALL TO ORDER: Valerie Fuchs, Special Magistrate, called the meeting to order at 10:30 a.m. PLEDGE OF ALLEGIANCE: All present stood to recite the Pledge of Allegiance. Approval of September 24, 2013 Minutes Special Magistrate Valerie Fuchs accepted the September 24, 2013 meeting minutes into the record as presented. Explanation of Procedure Special Magistrate Valerie Fuchs explained to the public that this is a quasi-judicial hearing, which means that she has not seen or heard any evidence or testimony from staff or outside parties as this would be a violation of ex-parte rules. She stated that if any pictures or other evidence are presented this evening, the interested party will be able to review it in order to accept or refute it and be able to present their own evidence and testimony prior to the Special Magistrate making her ruling. The Special Magistrate also explained that Code Enforcement staff would present their case and testimony, then the owner or interested party will be able to present their testimony or evidence. After that, staff will have the opportunity to rebut or refute any evidence that is presented. The Special Magistrate will then ask any questions that she deems appropriate and relevant during the testimony of each party before making her ruling. The order will be entered and the interested party will receive a copy of the order whether it is dismissed, or time granted in order to come into compliance, and whether a fine or lien will be imposed. SWEARING IN: Special Magistrate Valerie Fuchs requested that anyone present who planned to speak at today s meeting stand and be sworn in. Senior Code Enforcement Officer Cindy Diemer reported that six cases on this morning s agenda have come into compliance prior to the meeting: Item #3, Case No ; Item #6, Case No ; Item # 7, Case No ; Item #8, Case No ; Item #10, Case No ; Page 1 of 9

2 and Item #11, Case No She also stated Item #1, Case No and Item #2, Case No , have been tabled until the next Special Magistrate meeting scheduled in November. Ms. Diemer stated as of October 16, 2013, both parties have agreed to continue the cases until the next Special Magistrate Meeting on Wednesday, November 20, The Special Magistrate asked if anyone from the public has any comments, other than the motion to continue. There was none. OLD BUSINESS: 1. Case No S. Hwy 27/441 BBC Investments II LLC Town of Lady Lake Code of Ordinances Ch Fire and Safety Hazards This case was tabled. 2. Case No S. Hwy 27/441 BBC Investments II LLC Town of Lady Lake Land Development Regulations Ch through Sediment and Erosion Control; Land Development Regulations Ch through Storm Water Pollution Control This case was tabled. NEW BUSINESS: 3. Case No Dowling Circle Edward J. Fairbanks Town of Lady Lake Code of Ordinances Ch (a) 2 Pool Maintenance 4. Case No First Street Joy L. Scarborough Town of Lady Lake Code of Ordinances Ch Junk and Debris Remnants from Demolition Not Completed Code Enforcement Officer Donald Hoos presented the background on this case. He stated that Lake County records show that this property is owned by Joy Scarborough of Lady Lake, Florida. The alternate key number is This property is in violation of the Town of Lady Lake s Code of Ordinances Chapter 7-67 for high grass, junk and debris. Mr. Hoos stated an inspection of the property was conducted on January 18, 2013 and a fire damaged mobile home was on the property. A Notice of Violation was mailed to the property owner this same date. A demolition permit was issued on February 11, 2013, which was good for six months. He stated a dumpster was delivered to the site after contact was made with Sherry Reeves on April 18, Mr. Hoos stated Ms. Reeves was advised the work needed to be done soon, as the property is a safety hazard and an eye-sore. Mr. Hoos reported a re-inspection was conducted on September 9, 2013, and the mobile home frame and other junk and debris had been left behind, along with high grass and weeds. Photos were taken of the property for the record. A Notice of Hearing was mailed via certified and first class mail to the property owner on September 19, 2013 and the property was posted on Page 2 of 9

3 September 23, He stated the certified mail receipt was received on September 23, 2013, signed by Sherry Reeves. Mr. Hoos stated he received a phone call yesterday from Ms. Reeves, who stated the grass had been cut within the last week and that arrangements have been made to have the remainder of the work done. He stated Ms. Reeves needs an additional 30 days to get the work done. The Special Magistrate asked if there was anyone present to speak on this case. There was no one. The Special Magistrate asked Mr. Hoos if he was recommending 30 days for compliance or 30 days for continuance. Mr. Hoos replied he is recommending 30 days for compliance and a fine of $ per day. He stated Ms. Reeves is aware that the $87.00 administrative fee will be due because of the amount of time that has passed. Special Magistrate Valerie Fuchs stated that based on the testimony and evidence presented on Case No , she did find that the owner was in violation of the Town of Lady Lake s Code of Ordinances Chapter 7-67 for junk and debris, and remnants from demolition not completed. The owner has 30 days to come into compliance for the 2013 violation or a fine of $ per day will begin to accrue on the 31st day. This order will be recorded as a lien if not paid. In addition, an administrative fee of $87 is imposed to be paid within ten days of this date. The violator shall contact Code Enforcement to confirm compliance. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty (20) days of the commencement of the fine. When requested, such a hearing will be heard by the Special Magistrate. The property owner will get a copy of this order. 5. Case No Summit Street Ricky Surratt Town of Lady Lake Code of Ordinances Ch (a) Exterior Mildew Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that Lake County records show this property is owned by Ricky Surratt of 937 Chula Ct., Lady Lake, Florida. The alternate key number is Ms. Diemer reported that the property is in violation of the Town s Code of Ordinances Chapter (a) for property maintenance needed on the exterior of the property for mold/mildew. On May 1, 2013, a proactive inspection was conducted and the violations were noted at that time. Photos were entered as evidence. She stated a courtesy notice was mailed to the property owners on May 2, 2013, and a re-inspection of the property showed no corrections had been completed on June 10, A Notice of Violation was mailed via certified and first class mail to the owner of record on June 12, 2013, and the certified mail receipt was received signed by R. Cristo on June 14, Ms. Diemer stated a re-inspection of the property was conducted on August 9, 2013, and no work had been done. She stated the owner was given a 30 day extension so he could come into Page 3 of 9

4 compliance, given he had cut the grass once, but it had re-grown. She stated the owner advised the rest of the work will be done soon. Ms. Diemer stated a Notice of Hearing was mailed via certified and first class mail to the owner of record on September 13, 2013, and the property was posted on September 16, The certified mail receipt was received signed by Betty Crisler on September 17, She stated as of today, there is still mildew on the exterior of the mobile home. The Special Magistrate clarified that the only violations written on the proposed order is for the mold and mildew, and not the grass. Ms. Diemer replied that was correct. She stated the Notice of Hearing completely details all of the elements of that code section in full. The Special Magistrate asked if there was anyone present to speak on this case. Ricky Surratt approached the podium. He stated he is a truck driver, and has talked with staff and advised them he is away two months at a time. He stated he arrived yesterday and washed all of the mold and mildew off the trailer. The Special Magistrate clarified that his testimony is that the mobile home is completely cleaned. She stated she will give him five days to come into compliance. Mr. Surratt replied yes. He stated he sold the property yesterday and the new owner is in the process of transferring the paperwork. He stated staff could check to make sure he is in compliance. The Special Magistrate stated the owner of record is the one who is responsible, but if the property has changed hands it would be against the new owners. Special Magistrate Valerie Fuchs stated that based on the testimony and evidence presented on Case No , she did find that the owner was in violation of the Town of Lady Lake s Code of Ordinances Chapter (a) for exterior mildew. The owner has five days to come into compliance for the 2013 violation or a fine of $ per day will begin to accrue on the 6th day. This order will be recorded as a lien if not paid. In addition, an administrative fee of $87 is imposed to be paid within ten days of this date. The violator shall contact Code Enforcement to confirm compliance. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty (20) days of the commencement of the fine. When requested, such a hearing will be heard by the Special Magistrate. The property owner will get a copy of this order. (Agenda item #13 was taken out of order.) ABATEMENT/LIEN REDUCTION: 13. Case No La Paloma Place One West Bank (Karen M. Sampson) Town of Lady Lake Code of Ordinance Ch (a)(1) Property Maintenance. Page 4 of 9

5 Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that Lake County records show this property is owned by One West Bank, although Karen M. Sampson of St. Albans, NY was the original owner. The alternate key number is Ms. Diemer reported that the property is in violation of the Town s Code of Ordinances Chapter (a) (1) for property maintenance. She stated Connie Gardner with ERA/Tom Grizzard was present to speak on behalf of this abatement request. Ms. Diemer stated this case was initially heard by the Special Magistrate on May 23, 2012 for the violation of Code of Ordinance Chapter (a) (1) for property maintenance. She stated the Special Magistrate ordered that the property be brought into compliance within 30 days or a fine of $ per day would begin to accrue, plus an $87.00 administrative fee to be paid within ten days. Ms. Diemer stated the property was in the process of foreclosure, but remained occupied. The property owner, Karen M. Sampson, was cited for the violation of property maintenance, mildew exterior, and rotted section of the soffit. She stated the property was foreclosed on July 17, The dates of non-compliance were from June 23, 2012 to July 17, 2013, and the accrual of the $ per day fines equals $97,250.00, plus an administrative fee of $ The lien was recorded at Lake County on June 28, 2012 in OR Book 4180, pages Ms. Diemer stated the Certificate of Title was issued to Federal National Mortgage Association, Inc. of Dallas, Texas on July 17, 2013, and once advised, the property was quickly brought into compliance by their property management company. She stated they are now requesting a lien reduction hearing, and Theresa Boudreaux of Reverse Mortgage Solutions, Inc. advised that an agent of their firm would appear on their behalf. Ms. Diemer stated the Special Magistrate will hear the lien reduction request, however, the recommendation will go before the Town Commission on November 4, The Special Magistrate clarified that the original case was for the soffit not the high grass. Ms. Diemer replied yes. The Special Magistrate asked if there was anyone present who would like to speak on this case. Connie Gardner with ERA/Tom Grizzard, on behalf of the bank, approached the podium. She stated when the case was filed, the bank did not own the property until July 17, She stated the bank is asking for the lien to be reduced or removed on their behalf. The Special Magistrate stated the mortgage companies typically have preservation departments that do something prior to the bank taking ownership. She stated she knows the bank is not legally responsible, and asked if the bank has a preservation department and which bank it is. Ms. Gardner replied it is Reverse Mortgage and there is a preservation department, but they could not touch the property because the bank did not own it. She stated they could not change locks or mow the lawn because the Certificate of Title was not recorded. Page 5 of 9

6 The Special Magistrate stated she works with a lot of banks on foreclosures and most of the banks are very cooperative with the District in getting the lawns mowed. She asked Ms. Gardner s recommendation for reducing the lien because the Town has accrued costs. Ms. Gardner replied that the bank is stating they did not take ownership until July 17, The Special Magistrate asked staff s recommendation as the lien is generally reduced to about $ to cover some of the costs involved. Ms. Diemer stated she would be comfortable with reducing the lien accrual from July 17, 2013 until October, The Special Magistrate clarified the bank took ownership on July 17 th but did not come into compliance until October. Ms. Diemer replied that was correct. She stated she advised them that once they come into compliance, they have the opportunity to come before the Town and request a lien reduction. The Special Magistrate stated it was recorded as a lien and there was notice to any new owners that there was a lien on the property. She stated it was their due diligence to call Code Enforcement and ask what is going on with the property and come into compliance. She stated when the ownership changed, that owner became responsible and should have brought it into compliance immediately. Ms. Diemer recommended a $1, fine, plus the $87.00 administrative fee, for 82 days of non-compliance. Special Magistrate Valerie Fuchs stated that she recommends abatement of this case s lien amount down to $1, The abatement amount is to be paid within 30 days of the Town Commission s decision. She stated that although this is her recommendation, the case still has to go before the Town Commission at their regular meeting on November 4, 2013 at 6:00 p.m. The property owner will get a copy of the order. The original agenda item order was resumed. 6. Case No Oak Hill Road Department of V.A. Town of Lady Lake Code of Ordinances Ch High Grass; and Ch Unlawful Junk 7. Case No Padgett Circle Marie Mann Town of Lady Lake Code of Ordinances Ch High Grass; Ch (a)(1) Exterior Maintenance Torn Front Door Screen; and Land Development Regulations 9-2(h)1 Outside Storage of Abandoned Trailer Page 6 of 9

7 8. Case No Hitchcock St. Jerry W. Simmons Jr., et al Town of Lady Lake Code of Ordinances Ch High Grass 9. Case No Longview Avenue Kenneth J. Drape Estate Town of Lady Lake Code of Ordinances Ch (a) (1) Exterior Maintenance Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that Lake County records show this property is owned by Kenneth J. Drape Estate of Riverside, Rhode Island. The alternate key number is Ms. Diemer reported that the property is in violation of the Town s Code of Ordinances Chapter (a) (1) for property maintenance for mold/mildew on the mobile home siding and roof. On July 10, 2013, an initial inspection was conducted and the violations were noted at that time. A courtesy notice was mailed this same date. Ms. Diemer stated a re-inspection was done on July 25, 2013 which showed no work had been done. Ms. Diemer stated a Notice of Hearing was mailed via certified and first class mail to the owner of record on July 29, The Notice of Hearing was posted on August 20, She stated the abatement process was started on July 25, 2013 to cut the high grass and clean up the junk, which was completed prior to the hearing. Photos were entered as evidence. Ms. Diemer stated staff has not heard from the property owners. The Special Magistrate asked if there was anyone present who would like to speak on this case. There was no one. The Special Magistrate asked staff for their recommendation on the case. Ms. Diemer recommended 20 days to come into compliance and a fine of $ per day. Special Magistrate Valerie Fuchs stated that based on the testimony and evidence presented on Case No , she did find that the owner was in violation of the Town of Lady Lake s Code of Ordinances Chapter (a) (1), for property maintenance for mold/mildew. The owner has 20 days to come into compliance for the 2013 violation or a fine of $ per day will be imposed and will begin to accrue on the 21st day. This order will be recorded as a lien if not paid. In addition, an administrative fee of $87 is imposed to be paid within ten days of this date. The violator shall contact Code Enforcement to confirm compliance. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty (20) days of the commencement of the fine. When requested, such a hearing will be heard by the Special Magistrate. The property owner will get a copy of this order. Ms. Diemer stated the Lake County Property Appraiser showed 212 Longview Ave. as the address of record, however, the Utilities Department showed the Riverside, RI address. She stated according to some new state statute, if another address is given, the Town is to use that address. Page 7 of 9

8 The Special Magistrate asked if both addresses were used. Ms. Diemer stated both addresses were used on the initial case. 10. Case No Longview Avenue - Gloria Terry Town of Lady Lake Code of Ordinances Ch. 4-4 At-Large Animals 11. Case No Skyline Drive James Swift and Heather Shetrawski Town of Lady Lake Code of Ordinances Ch. 4-4 At-Large Animals 12. Case No Longview Ave John & Maria Zonin Town of Lady Lake Land Development Regulations Ch Building Permit Required for Fence Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that Lake County records show that this property is owned by John and Maria Zonin of N. Emeralda Island Rd., Leesburg, Florida. The alternate key number is This property is in violation of the Town of Lady Lake s Land Development Regulations Chapter for building permit required for fence. Ms. Diemer stated an inspection was conducted on August 30, 2013 based upon a citizen s complaint regarding a fence that was installed and attached to the neighbor s fence. She stated she checked with the Building Department, and there was no record of a fence permit for this property. A courtesy violation notice was mailed to the property owner the same day. She stated on September 27, 2013, she checked with the Building Department and there was no record that the owner had applied for a permit. A Notice of Hearing was mailed via certified and first class mail to the owner of record on September 27, The Notice of Hearing was posted on the property on September 30, Photos were entered as evidence. Ms. Diemer stated no permit had been obtained as of October 10, 2013, and as of today, no permit has been applied for. She stated Mr. Zonin called in early October about a separate issue, and she mentioned that this case was coming up and explained what it was about. She stated Mr. Zonin claimed it was a pre-existing fence, and she asked him to bring in some documentation. She stated he has not come by or called to date. The Special Magistrate asked if the chain link fence shown in the photographs was the fence in question and if Mr. Zonin could get a permit if he applied for it. Ms. Diemer replied yes to both. She stated that if Mr. Zonin brought in documentation to show that the fence was historic, no permit would have been needed because the Town has issued fence permits for the last couple of years. She stated the fence looked new, and the Town would not have allowed what was there before. Page 8 of 9

9 The Special Magistrate asked if there was anyone present to speak on this case. There was no one. The Special Magistrate asked staff for their recommendation on the case. Ms. Diemer recommended 10 days to come into compliance and a fine of $ per day. Special Magistrate Valerie Fuchs stated that based on the testimony and evidence presented on Case No , she did find that the owner was in violation of the Town of Lady Lake s Land Development Regulations Chapter for building permit required for fence. The owner has 10 days to come into compliance for the 2013 violation or a fine of $ per day will be imposed and will begin to accrue on the 11th day. This order will be recorded as a lien if not paid. In addition, an administrative fee of $87 is imposed to be paid within ten days of this date. The violator shall contact Code Enforcement to confirm compliance. The violator has a right to request a hearing on the fine imposition by written request to the Town of Lady Lake within twenty (20) days of the commencement of the fine. When requested, such a hearing will be heard by the Special Magistrate. The property owner will get a copy of this order. OTHER BUSINESS The Special Magistrate asked if there were any date changes that needed to be discussed. Ms. Diemer replied no. She stated the next two meetings are special meetings scheduled for Wednesday, November 20, 2013, and Wednesday, December, 18, ADJOURN With no other business to discuss, the meeting was adjourned at 11:03 a.m. Julia Wolfe Staff Assistant to Town Clerk Valerie Fuchs Special Magistrate Transcribed by Julia Wolfe, Staff Assistant to Town Clerk Page 9 of 9