MINUTES Code Enforcement Special Magistrate City of Lake Alfred City Hall January 16, 2025 3:00 P.M. Special Magistrate Mawhinney called to order the Code Enforcement Special Magistrate meeting at 3:01 P.M. The members of the public and the Code Enforcement Officer took the oath. The Magistrate shared that all materials in the agenda packet are part of the record and said all city administrative costs are payable within thirty (30) days. No interpreter was needed. Staff Attendance: City Attorney Seth Claytor, Code Enforcement Officer Carl Watson, and Deputy City Clerk Lita O'Neill. Special Magistrate Mawhinney passed the November 21, 2024, Special Magistrate Code Enforcement Meeting minutes to February 20, 2025, for consideration at that time. CONSENT AGENDA SUPPLEMENTAL ORDER IMPOSING FINE, AUTHORIZING ABATEMENT AND FORECLOSURE 1. Case # 2024-00010 - Lake, Floodplain & Wetlands Saxon Evans 0 US Hwy. 557 Parcel # 26-27-20-0000000-031010 Code Enforcement Officer Watson presented the case. City Attorney Seth Claytor commented that the city's consultant, GeoPlanning Solutions, currently serving as the floodplain administrator for the City of Lake Alfred, was present and would be able to respond to technical questions related to this matter. Property owner, Saxon Evans, explained the communication history on the case. Attorney Claytor invited Amee Bailey with GeoPlanning Solutions to speak. Ms. Bailey stated she was currently contracted to serve as the Plans Reviewer and Floodplain Manager for the City of Lake Alfred. Ms. Bailey's educational background includes a bachelor's degree in Environmental Science and Policy as well as a master's degree in Geography and Spatial Analysis. Ms. Bailey has been a Floodplain Manager certified by the National Organization for the Association of State Floodplain Managers for 19 years in Polk County. Ms. Bailey noted that a site visit had been conducted in August, and progress was noted. The property was not in compliance at the time of the site visit. Attorney Claytor responded to questions from Mr. Evans related to the code enforcement process. Special Magistrate: On Case # 2024-00010, the special magistrate found the violations existed and continue to exist. The property is not in compliance. The special magistrate approved the supplemental order imposing fines in the amount of $5,000.00 and assessed the administrative costs in the amount of $48.24. The administrative costs are payable within thirty (30) days. Code Enforcement Special Magistrate Hearing, January 16, 2025 Page 1 of 4 CODE ENFORCEMENT SPECIAL MAGISTRATE JANUARY 16, 2025 Mr. Evans asked if Code Enforcement could perform a site inspection. City staff will reach out to the property owner to arrange a site visit. NEW BUSINESS ORDER FINDING VIOLATION 2. Case # 2024-00051 Building without permits Alfred Livingston Jr. 180 Sofia Lane Parcel # 2627/.30496752.001180 Section 106.3 Declaration of a nuisance; demand for correction (MPMC) Lake Alfred code of ordinances (LAC) Section 14-22 Permit required. (LAC) The respondent and property owner, Alfred Livingston Jr., was in attendance. Code Enforcement Officer Watson presented the case. Timmy Otte, Building Inspector with the City of Lake Alfred, stated he is a certified commercial building inspector, a certified residential building inspector, and a certified building inspector. Mr. Otte provided details about the case. Special Magistrate: The special magistrate found that the violation did exist and continued to exist. The order allows ninety (90) days to bring the property into compliance, or a $50.00 per day fine would commence accruing. The city's administrative costs are $88.88, which will be due in thirty (30) days. 3. Case # 2024-00059 = garbage, weeds overgrowth Cynthia Hawkins & Alberta & General Gaskins 403 Fannies Path Rd. Parcel # 25-27-36-305500-001070 Section 106.3 Declaration of a nuisance; demand for correction (MPMC) Section 108.1.3 Structure unfit for human occupancy (MPMC) Section 302.1 Sanitation and storage of materials (MPMC) Section 302.4 Weeds and overgrowth (MPMC) Section 304.3 Premise Identification (MPMC) Section 308.1 1 Accumulation of rubbish or garbage (MPMC) Section 308.2 Disposal of rubbish (MPMC) Section 308.3 Disposal of garbage (MPMC) Section 32-1 Nuisance declared (LAC) Section 42-6 Prima facie evidence of accumulation of solid waste (LAC) Section 42-7 Method of placement (LAC) Section 42-9 Removal or disposal of garbage by persons other than city employees (LAC) Code Enforcement Special Magistrate Hearing, January 16, 2025 Page 2 of 4 CODE ENFORCEMENT SPECIAL MAGISTRATE JANUARY 16, 2025 The respondent and property owner, Albert Gaskins, was in attendance. Code Enforcement Officer Watson presented the case. Officer Watson explained that the property is currently in compliance; however, the property will be inspected and certified on Tuesday, January 21, 2025. The special magistrate explained to the property owner that if garbage is not picked up or if the grass is not cut in the future, a repeat offense would initiate the accrual of fines effective the first day of noncompliance. Special Magistrate: The special magistrate found that violations did exist and continued to exist. The order allows thirty (30) days to bring the property into compliance, or a $50.00 per day fine would commence accruing. The city's administrative costs are $93.08, payable within thirty (30) days. ORDER FINDING VIOLATION - REPEAT CASE 4. Case # 2025-00001-R Robert Kay 180 Ramona Ave. Parcel # 26-27-33-516000-001130 The respondent and property owner, Mr. Robert Kay, was in attendance. Code Enforcement Officer Watson presented the case. Staff recommends certifying fines of $75.00 per day for 11 days in a total amount of $825.00. A brief discussion ensued about whether the RV was insured and operable. Mr. Kay and the RV owner, Daniel Jason Bulman, provided more details about the RV parked on the property. Mr. Bulman stated that the RV was towed to its current location; and, as a result of fuel and/or mechanical issues, the RV was not drivable. The special magistrate noted that this is a repeat offense based on orders from April and September 2024. The adjacent property owner, Elyci Gonzalez, 680 East Haines Boulevard, commented that she is getting ready to build on her lot, and the RV does not have permission to park there. Ms. Gonzalez asked the RV owner to refrain from parking on her property. Mr. Bulman and Mr. Kay agreed. A brief discussion ensued about the meaning of "repeat offender, and Attorney Claytor provided the definition per Chapter 162 of the Florida Statutes. Special Magistrate: The special magistrate entered an order finding that a violation of the code existed between the dates January 3 - January 16 and imposed a fine of $10.00 a day for 14 days, totaling $140.00, provided that the RV is moved January 16, 2025. Starting January 17, 2025, there will be a fine of $100.00 per day. The city's administrative costs are $79.84, payable within thirty (30) days. Next Hearing Date: February 20, 2025 Code Enforcement Special Magistrate Hearing, January 16, 2025 Page 3 of 4 CODE ENFORCEMENT SPECIAL MAGISTRATE JANUARY 16, 2025 The Code Enforcement Special Magistrate meeting was adjourned at 4:37 P.M. Respectfully submitted, otacolyill Lita O'Neill Deputy City Clerk Code Enforcement Special Magistrate Hearing, January 16, 2025 Page 4 of 4