REGULAR MEETING OF THE SPECIAL MAGISTRATE TOWN OF LADY LAKE, FLORIDA. March 26, 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 10:45 a.m. TOWN STAFF PRESENT: Cindy Diemer, Senior Code Enforcement Officer; Donald Hoos, Code Enforcement Officer; and Julia Wolfe, Staff Assistant to the Town Clerk Also Present: Commissioner Vincent CALL TO ORDER: Valerie Fuchs, Special Magistrate, called the meeting to order at 10:45 a.m. instead of 10:30 a.m. due to a family emergency. PLEDGE OF ALLEGIANCE: All present stood to recite the Pledge of Allegiance. Approval of January 22, 2013 Minutes Valerie Fuchs, Special Magistrate, accepted the January 22, 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. Special Magistrate Valerie Fuchs asked staff if there are any changes to this morning s agenda. Page 1 of 6

2 Code Enforcement Officer Donald Hoos reported that three cases on this morning s agenda have come into compliance prior to the meeting: Item #1, Case , Item #5, Case No , and Item #8, Case No , and action on Item #7, Case No has been tabled. NEW BUSINESS: Special Magistrate Valerie Fuchs asked that Item #3 on the agenda be heard first as there was someone in the audience present to speak on this case. 3. Case No Sierra Blanca Ct. Melinda Stern Life Estate Land Development Regulations Ch. 10-5(a)(8) Prohibited Tree Pruning Code Enforcement Officer Donald Hoos presented the background on this case. He stated that Lake County records show the property is owned by Melinda Stern of the same address, and the alternate key number is Mr. Hoos stated on February 21, 2013, an inspection was conducted based upon a complaint by Eric Knudson, The Villages arborist, and the violations were noted at that time. On the same day, a Notice of Hearing was mailed via certified and first class mail to the property owner. The certified mail receipt was returned on February 28, 2013, signed by Melinda Stern. Mr. Hoos stated he spoke with Melinda Stern who stated she was unaware the tree company was going to do that much trimming. Mr. Hoos stated he advised Ms. Stern of the procedures the Town has for hat-racked trees. The attached from Eric Knudson and pictures were entered into evidence. Melinda Stern approached the podium and introduced herself. She stated that Randall Billings had pruned some trees on her property in the fall. She stated her property has lot of shrubbery surrounding it, and Mr. Billings was doing a very good job. Ms. Sterns stated she had a doctor s appointment and asked her husband to watch while the tree contractors trimmed the last tree. She stated she noticed the tree immediately when she turned onto her street, and she has been unable to reach Randall Billings concerning the condition of the tree. Ms. Stern stated she understood the tree is on her property and she is responsible for the tree, but she did not authorize the tree to be trimmed that much, and she had never heard the term hat-racking until the Code Enforcement officer mentioned it. She stated the good news is there is re-growth sprouting from the tree, and apologized for the tree being hat-racked. The Special Magistrate stated that unfortunately it is a common accurance for companies to come around and hat-rack trees unbeknownst to the owners. The Special Magistrate asked staff to explain the consequences if the tree does not grow back within the year because of the hat-racking. She asked staff if their recommendation would be removal, fine or replacement of the tree at the end of the year if it was not healthy at that time, and if the property owner would be brought back before the Special Magistrate. Page 2 of 6

3 Senior Code Enforcement Officer Cindy Diemer stated replacement will depend on the code and the number of trees required on the property, and that will be determined at that time. She confirmed that removal, a fine and/or replacement of the tree are all options. Ms. Stern asked if it would be her responsibility to have the tree removed if required, as it would be a significant sum of money. The Special Magistrate replied that Ms. Stern would be responsible to have it removed. She asked what type of tree it was. Ms. Stern replied it was an old oak tree. The Special Magistrate thanked Ms. Stern for coming to the preceding today. She stated it is the property owner s responsibility to keep the appearance up for the Town and keep the trees healthy for all the residences. The Special Magistrate asked Ms. Stern if she understood what staff was recommending. Ms. Stern asked if she would have any recourse if she could locate Randall Billings. The Special Magistrate stated she could not give legal advice, but that Ms. Stern could certainly try and call the company and see if the contractor has had any other complaints. She also suggested Ms. Stern read her contract and see if it stated that there would be no hat-racking. on Case No , she did find that the owner was in violation of the Town of Lady Lake Land Development Regulations Chapter 10-5(a)(8) for Tree Permit Required. A re-inspection to determine the condition of the tree will be completed in one year on March 25, An administrative fee of $87 is imposed to be paid within ten days of this date. The original agenda item order was resumed. 1. Case No Lakeview St. Darlene Rawls & James Todd Hopkins Town of Lady Lake Code of Ordinances Ch (a)(1) Property Maintenance; Ch 7-67 Junk and Debris This case has come into compliance. 2. Case No Kelsea Cir. Reverse Mortgage Solutions, Inc. Town of Lady Lake Code of Ordinances Ch Abandoned Property Registration for 2013 Code Enforcement Officer Donald Hoos presented the background on this case. He stated that this property is being foreclosed on by Reverse Mortgage Solutions, in care of Marinosci Law Group Inc. of St. Petersburg, Florida. The alternate key number is Page 3 of 6

4 Mr. Hoos stated this property is in violation of the Town of Lady Lake s Code of Ordinances Chapter for abandoned property registration for 2013 which has not been paid. He stated that a renewal notice was ed to the attorney for the plaintiff on February 15, Mr. Hoos reported that a Notice of Violation/Notice of Hearing was mailed via certified and first class mail to the attorney for Reverse Mortgage Solutions, Inc. on February 15, 2013, and the certified mail receipt was returned on February 22, 2013, signed by Pam Marinosci. The Notice of Hearing was posted on the property on March 11, There was no one. on Case No , she did find that the owner was in violation of the Town of Lady Lake Code of Ordinances Chapter for abandoned property not being registered as required. The owner has 15 days to come into compliance for the 2013 violation and pay the fee of $150. 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. 4. Case No Hilton Head Blvd. Reverse Mortgage Solution, Inc. - Town of Lady Lake Code of Ordinances Ch Abandoned Property Registration for 2013 Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that this property is being foreclosed on by Bank of America Reverse Mortgage Solutions, Inc., in care of Sara Collins Esq., McCalla Raymer LLC of Orlando, Florida. The alternate key number is Ms. Diemer stated this property is in violation of the Town of Lady Lake s Code of Ordinances Chapter for abandoned property registration for 2013 which has not been paid. She stated that a renewal notice was ed to National Field Network on February 8, Ms. Diemer stated National Field Network is the management company that was registered the prior year, so they were used as an initial source. Ms. Diemer reported an inspection on February 25, 2013 revealed the property is vacant. A Notice of Hearing was mailed via certified and first class mail to the attorney for the bank on February 25, 2013, and the certified mail receipt was returned on February 28, 2013, signed by Paula. The Notice of Hearing was posted on the property on March 7, There was no one. Page 4 of 6

5 on Case No , she did find that the owner was in violation of the Town of Lady Lake Code of Ordinances Chapter for abandoned property not being registered as required. The owner has 15 days to come into compliance for the 2013 violation and pay the fee of $150. 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. 5. Case No Cortez Ave. Deutsche Bank N.A. Town of Lady Lake Code of Ordinances Ch Abandoned Property Registration for 2013 This case has come into compliance. 6. Case No Spencers Lane PHH Mortgage Corp. Town of Lady Lake Code of Ordinances Ch Abandoned Property Registration for 2013 Senior Code Enforcement Officer Cindy Diemer presented the background on this case. She stated that this property is being foreclosed on by PHH Mortgage Corp in care of Ben-Ezra & Katz PA of Ft. Lauderdale, Florida. The alternate key number is Ms. Diemer stated this property is in violation of the Town of Lady Lake s Code of Ordinances Chapter for abandoned property registration for 2013 which has not been paid. She stated that a renewal notice was ed to MCS Property Management for the bank on February 25, Ms. Diemer stated the prior year s registration showed MCS Property Management as the property maintenance company. Ms. Diemer reported the property is vacant and abandoned. A Notice of Hearing was mailed via certified and first class mail to the attorney for PHH Mortgage Corp. on February 25, The Notice of Hearing was posted on the property on March 7, There was no one. on Case No , she did find that the owner was in violation of the Town of Lady Lake Code of Ordinances Chapter for abandoned property not being registered as required. The owner has 15 days to come into compliance for the 2013 violation and pay the fee of $150. 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. Page 5 of 6

6 7. Case No Morningside Av. Frank Rutig Town of Lady Lake Code of Ordinances Ch.20-21(a ) Unsafe Dwelling and Ch Fire Hazard This case was not heard. 8. Case No Orchid St. Ocwen Loan Servicing Town of Lady Lake Code of Ordinances Ch Abandoned Property Registration for 2013 This case has come into compliance. ADJOURN With no other business to discuss, the Special Magistrate Meeting was adjourned at 11:06 a.m. Julia Wolfe Staff Assistant to Town Clerk Valerie Fuchs Special Magistrate Transcribed by Julia Wolfe, Staff Assistant to Town Clerk Page 6 of 6