TOWN OF LOXAHATCHEE GROVES SPECIAL MAGISTRATE HEARING MINUTES SEPTEMBER 18, 2024-9:00 A.M.-10:31 A.M. TOWNI HALL COUNCIL CHAMBERS Meeting Audio Available Upon Request in the Office ofthe Town Clerk CALL TOORDER The meeting was called to order by Amity Barnard, Special Magistrate, at 9:04 A.M. on Wednesday, September 18, 2024 ROLLCALL Sammie Brown, Town Clerk Assistant, called the roll. Staff Present: Francine L. Ramaglia, MPA, ICMA-CM, CPA, Town Manager Jacek Tomasik, Building Official Tanya Early, Esq, Town Attorney, Torcivia, Donlon, Godeau, & Rubin, P.A. Sammie Brown, FRA-RP, MEDP, Town Clerk Assistant John Suarez, Code Enforcement Officer Craig Lower, Public Works Superintendent Special Magistrate: Amity R. Barnard, Esq. Adjournment: Meeting adjourned at 10:31 A.M. Town ofLoxahatchee Groves Special Magistrate Hearing September 18, 2024 Page No. 2 PLEASE SEE THE FOLLOWING SPECIAL MAGISTRATE ORDERS Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL33407 Returned to: Town ofLoxahatchee Groves 155FRd Loxahatchee Groves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OFLOXAHAICHEE GROVES, FLORIDA (561)793-2418 TOWNOFLOXAHATCHEE GROVES, FLORIDA, CASE NO. 24060020 Petitioner, V. ESCUE FARMS LLC, Respondent. ORDER FINDING VIOLATION RE: Violation of Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC oft the Code of Ordinances of the Town ofLoxahatchee Groves. LEGAL DESCRIPTION LOXAHAICHEE GROVES TRACT: 5BLKD STREET ADDRESS: 1300 D Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 414143-17201405.0010 The Code Enforcement Special Magistrate heard testimony at the Code Entorcement Special Magistrate Hearing held on the 18th day of September, 2024 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact, Conclusions of Law and Order. FINDINGS OF FACT 1. Respondent, ESCUE FARMS LLC, is the owner ofthe above-described property. Page 1 of2 2. 3. Respondent was represented at the hearing by Steve Wallace, Esq., Counsel, Ryan Fowler, At the hearing on September 18, 2024, Craig Lower, the Town's Public Works Superintendent and Francine Ramaglia, the Town Manager, testified under oath and presented documentary and photographic evidence of the violation occurring on the property. Complainant Neighbor. Aileen Banky also testified under oath and presented evidence of the violation occurring on the property. The Town's documentary and photographic evidence were entered into the record as Composite Tenant and Dan Pruitt, Tenant; there was also a finding of proper notice. Exhibit 1,which included 24 digital photographs, over objection. CONCLUSIONS OFLAW The above-stated facts constitute a violation of Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC of the Code of Ordinances of the Town ofLoxahatchee Groves. ORDER Respondent is hereby ordered to comply with Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC oft the Code of Ordinances ofthe Town ofLoxahatchee Groves no later than December 16, 2024. This matter is set for a Status/Fine Assessment Hearing on December 18, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00.00) may be assessed for each day that the violation continues to exist past December 16, 2024, the compliance deadline set by this Order. Respondent is further assessed administrative costs in the amount of Two Hundred Thirty-Four Dollars and Five Cents ($234.05) for prosecuting the September 18, 2024 hearing, payable within thirty (30) days oft the date oft this order. Should a dispute arise concerning compliance, either party may request al hearing before the Code Should you violate the same Section of the Code again, you may be subject to a fine of up to $500.00 per day for such repeat violation. Additionally, the Code Inspector is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate Enforcement Special Magistrate on the issue of compliance only. even ifthe repeat violation has been corrected prior to the Special Magistrate hearing. Upon complying in any code enforcement matter, it is always the responsibility of the Respondent to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. DONE ANDORDEREDTHS, 18th day of September, 2024. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE SPECIAL MAGISTRATE A Page 2of2 BY: Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL33407 Returned to: Town ofLoxahatchee Groves 155FRd Loxahatchee Groves, FL: 33470 SPECIAL MAGISTRATE HEARING TOWN OFLOXAHATCHEE GROVES, FLORIDA (561)793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. 23010003 & 23010006 Petitioner, V. LANTANA HOLDINGS,LLG, Respondent. ORDER CONTINUING HEARING RE: Violation of Sections 20-017 (Case No. 23010003) and 87-030 (Case No. 23010006) of the Town ULDC, Code ofOrdinances ofthe Town ofLoxahatchee' Groves. LEGAL DESCRIPTION STREET ADDRESS: 16169 Southern Boulevard Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 41-4043.3600.00-1020 36-43-40, SLY922F FT OF WLY 926.54 FTOFI E1/4) LYGNOF & ADJ7 TOSR80R/W The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 18th day of September, 2024 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact and Order. Page 1 of2 FINDINGS OF FACT 1. 2. Respondent, LANTANA HOLDINGS, LLC, is the owner oft the above-described property. Respondent, represented by Cody German, Esq., Counsel for tenant FERP Holdings, was present remotely at the hearing and stipulated to service on both cases and waived any claim related to legally sufficient service and/or due process for thel hearing. ORDER To the extent still necessary, the parties shall have until close ofbusiness October 14, 2024 to submit via email to mitvaavislawteam.som with copy to opposing counsel, their brief/memorandum of law (3 page maximum) addressing the issue of authority as it relates to the emination/disolution oft the Stipulation Agreement dated April 3, 2019, as amended. A Hearing will be held before the Special Magistrate on October 16, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470 at which time a ruling may be entered as to: 1. Violation oft the Stipulated. Agreement, as amended; 2. The assessment of costs or fines; and 3. Such other matters as may be appropriate. Upon complying in any code enforcement matter, it is always the responsibility of the Respondent to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. DONE AND ORDERED THIS gHL day of September, 2024. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: RAA AMITYI BARNARD,ESQ. SPECIAL MAGISTRATE Page 2 of2 Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL33407 Returned to: Town ofLoxahatchee Groves 155FRd Loxahatchee Groves, FL33470 SPECIAL MAGISTRATEHFARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561)793-2418 TOWNO OFLOXAHATCHEE GROVES, FLORIDA, CASE: NO. 24050010 Petitioner, V. JAMES SAVNIK & CINTHIA VARGAS, Respondents. ORDER GRANTING CONTINUANCE AND SETTING FINE ASSESSMENTI HEARING RE: Violation of Section 05-040(a-b) of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION STREET ADDRESS: 13281 24th Court North Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 414143-7201-019.080 LOXAHATCHEE GROVES E2 202.86 FT OF W 1217.16FTOFTR 191 BLKI F (A/K/AI PARCELO) The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 18th day of September, 2024 regarding the above-referenced case and based on the evidence presented. at that hearing, enters the following Findings ofFact and Order. Page 1 of2 FINDINGS OF FACT 1. 2. 3. 4. Respondents, JAMES SAVNIK & CINTHIA VARGAS, are the owners oft the above-described Respondents were represented at the hearing by JAMES SAVNIK; there was also a finding of By the "Order Finding Violation" dated July 17, 2024, the Special Magistrate ordered the Respondents to comply with the above-referenced section on or before September 13, 2024. At the hearing on September 18, 2024, John Suarez, the Town's code enforcement officer, testified under oath and presented documentary and photographic evidence of the violation continuing to occur on the property. The Town's documentary and photographic evidence were At the hearing on September 18, 2024, the Town and Respondents mutually agreed to continue property. proper notice. entered into the record as Composite Exhibit #1 without objection. 5. this matter. ORDER Iti is the Order of the Special Magistrate that this matter be continued. Respondents are hereby ordered to comply with Section 05-040(a-b) oft the ULDC oft the Code oft the Ordinances of the Town of Loxahatchee Groves no later than December 16, 2024. This matter is set for Fine Assessment Hearing on December 18, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violations continue to exist past. December 16, 2024, the compliance deadline set by this Order. Administrative costs for prosecuting the September 18, 2024 hearing are hereby reserved. Upon complying in any code enforcement matter, it is always the responsibility of the Respondents to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. DONE AND ORDERED THIS 6th day of September, 2024. TOWN OF OXATAICIEECKOVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: AMITY AELR BARNARb,ESO SPECIAL MAGISTRATE Page 20 of2 Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL33407 Returned to: Town ofLoxahatchee Groves 155FRd Loxahatchee Groves, FL33470 SPECIAL MAGISTRATEHEARING TOWN OF LOXAHATCHEEGROVES, FLORIDA (561)793-2418 TOWN OFLOXAHATCHEE GROVES, FLORIDA, CASE NO. 24060022 Petitioner, V. JAMES SAVNIK & CINTHIA VARGAS, Respondents. ORDER GRANTING CONTINUANCE AND SETTING FINE ASSESSMENT HEARING RE: Violation of Sections 175-110, 175-170 and 175-240 of the ULDC of the Code of Ordinances of the' Town ofLoxahatchee Groves. LEGAL DESCRIPTION STREET ADDRESS: 13281 24th Court North Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 414143-7201-619.080 LOXAHATCHEE GROVES E2 202.86 FTC OF W 1217.16FTOFTR 191 BLK F(NK/APARCELO) The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 18h day of September, 2024 regarding the above-referenced case and based ont the evidence presented at that hearing, enters the following Findings ofE Fact and Order. Page 1 of2 FINDINGS OF FACT 1. 2. 3. 4. Respondents, JAMES SAVNIK & CINTHIA VARGAS, are the owners of the above-described Respondents were represented at the hearing by JAMES SAVNIK; there was also a finding of By the "Order Finding Violation" dated July 17, 2024, the Special Magistrate ordered the Respondents to comply with the above-referenced section on or before September 13, 2024. At the hearing on September 18, 2024, John Suarez, the Town's code enforcement officer, testified under oath and presented documentary and photographic evidence of the violation continuing to occur on the property. The Town's documentary and photographic evidence were At the hearing on September 18, 2024, the Town and Respondents mutually agreed to continue property. proper notice. entered: into the record as Composite Exhibit #1 without objection. 5. this matter. ORDER Itis the Order of the Special Magistrate that this matter be continued. Respondents are hereby ordered to comply with Sections 175-110, 175-170 and 175-240 of the ULDC of the Code of the Ordinances oft the Town ofLoxahatchee Groves no later than December 16, 2024. This matter is set for Status/Fine Assessment Hearing on December 18, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violations continue to exist past December 16, 2024, the compliance deadline set by this Order. Administrative costs for prosecuting the September 18, 2024 hearing are hereby reserved. Upon complying in any code enforcement matter, it is always the responsibility of the Respondents to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection ofthe property. DONE. AND ORDEREDTHIS L. day of September, 2024. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: AMITY OA8 BARNARDESQ SPECIAL MAGISTRATE Page 2 of2 Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL33407 Returned to: Town ofLoxahatchee Groves 155FRd Loxahatchee Groves, FL33470 SPECIALMAGISTRATEHEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561)793-2418 TOWN OFLOXAHATCHEE GROVES, FLORIDA, CASE: NO. 23040032 Petitioner, V. JACK LANDLLC, Respondent. ORDER GRANTING CONTINUANCE AND SETTING FINE ASSESSMENTI HEARING RE: Violation of Section 20-017 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION STREET ADDRESS: 2056 Fl Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 414143-17201-614.030 LOXAHATCHEE GROVES W: 1/2OFT TR 14BLKF The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 18h day of September, 2024 regarding the above-referenced case and based on the evidence presented. at that hearing, enters the following Findings ofFact and Order. Page 10 of2 FINDINGS OF FACT 1. 2. 3. 4. Respondent, JACK LAND LLC, is the owner of the above-described property. Respondent was represented at the hearing by Susan Taylor, Esq; there was also a finding of actual notice. Ms. Taylor also stipulated to service and waived any claim related to legally At the hearing on September 18, 2024, John Suarez, the Town's code enforcement officer, testified under oath and presented documentary and photographic evidence of the violation At thel hearing on September 18, 2024, the parties mutually agreed to continue this matter. sufficient service and/or due process for thel hearing. continuing to occur on the property. ORDER It is the Order of the Special Magistrate that this matter be continued. Respondent is hereby ordered to comply with Section 20-017 ofthe Town ULDC oft the Code of the Ordinances oft the Town of Loxahatchee Groves no later than December 16, 2024. This matter is set for Fine Assessment Hearing on December 18, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such hearing, a fine in the amount of Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violations continue to exist past December 16, 2024, the compliance deadline set by this Order. Administrative costs for prosecuting the September 18, 2024 hearing are hereby reserved. Upon complying in any code enforcement matter, it is always the responsibility of the Respondent to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. DONE AND ORDERED THIS 184L day of September, 2024. TOWN OFI LOXAHATCHEE GROVES CODE ENFORCEMENTS SPECIAL MAGISTRATE BY: AMITY BARNARD, ESQ. A SPECIAL MAGISTRATE Page 2 of2