Special Magistrate Code Enforcement Hearing

TOWN OF LOXAHATCHEE GROVES SPECIAL MAGISTRATE MEETING MINUTES June 19th, 2024 Meeting audio available in Town Clerk’s Office Meetings are also available on YouTube Magistrate Mitty Barnard Code Enforcement Officer Mario Matos Administration Code Compliance Specialist, Michelle Lamoureux Town Attorney, Tanya Earley CALLED TO ORDER: by Magistrate Barnard at 9:02 am STATUS FINE / ASSESSMENT CASES: CASE NO. 23040034 Saenz Nathalia Maria Uribe & Saenz Juan Manuel Uribe 12915 Collecting Canal Violation(s): 175-110,175-170 & 175-240 • Respondent(s): Susan Taylor (Council for the property owner) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s) 175-110,175-170 & 175-240. It is the Order of the Special Magistrate that this matter be continued. Respondents are hereby ordered to comply with Sections 05-040(A-B), 175-110, 175-170 and 175-240 of the Town ULDC, Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Fine Assessment Hearing on August 21, 2024, at 9:00 am at Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.2 the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline is set by this Order. CASE NO. 23040032 Jack Land, llc 2056 F Rd Violation(s): 20-017 • Respondent(s): Susan Taylor (Council for the property owner) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s) 20-017. Respondent is hereby ordered to comply with Sections 20-017 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline set by this Order. CASE NO. 23010003 & 0006 Lantana Holdings, llc 16169 Southern Blvd Violation(s): 20-017 (23010003) 87-030 (23010006) • Respondent(s): Cody German (Council for the property owner) As stated at the hearing on June 19, 2024, the parties shall have until close of business July 12, 2024 to submit via email to mitty@davislawteam.com with copy to opposing council, their brief/memorandum of law (3 page maximum) addressing the issue of authority as it relates to the termination/dissolution of the Stipulation Agreement dated April 3, 2019, as amended. A Status Hearing will be held before the Special Magistrate on July 17,2024 at 9:00 AM at the Town of Loxahatchee Groves Town Hall, 155 F Rd, Loxahatchee Groves, Florida 33470 at which time a ruling may be entered as to: 1) Violation of Stipulated Agreement, as amended. Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.3 2) The assessment of costs or fines; and 3) Such other matters as may be appropriate. CASE NO. 23050030 2276 D Rd, llc 2276 D Rd Violation(s): 175-110,175-170 & 175-240 • Respondent(s): Susan Taylor (Council for the property owner) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s) 175-110,175-170 & 175-240. It is the Order of the Special Magistrate that this matter be continued. Respondents are hereby ordered to comply with Sections 05-040(A-B), 175-110, 175-170 and 175-240 of the Town ULDC, Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline is set by this Order. VIOLATION HEARING CASES: CASE NO. 23090002 Brightview Landscape Services, Inc 13710 Okeechobee Blvd Violation(s): 175-110,175-170 & 175-240 • Respondent(s): Shannon Lee (Planner), Jose Zepeda (Branch Manager) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s) 87-030. Respondent is hereby ordered to comply with Sections 87.030 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline set by this Order. Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.4 Respondent is further assessed administrative costs in the amount of Two Hundred Thirty- Four Dollars and Five Cents ($234.05) for prosecuting the June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 24050005 Brightview Landscape Services, Inc 13710 Okeechobee Blvd Violation(s): 05-040(a-b),175-110,175-170 & 175-240 • Respondent(s): Shannon Lee (Planner), Jose Zepeda (Branch Manager) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s). 05-040(a-b),175-110,175-170 & 175-240 Respondent is hereby ordered to comply with Section(s) 05-040(a-b),175-110,175-170 & 175-240 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 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 June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 24020007 Galt Life, llc 3571 C Rd Violation(s): 05-040(a-b),175-110,175-170 & 175-240 • Respondent(s): N/A Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s). 05-040(a-b),175-110,175-170 & 175-240 Respondent is hereby ordered to comply with Section(s) 05-040(a-b),175-110,175-170 & 175-240 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline set by this Order. Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.5 Respondent is further assessed administrative costs in the amount of Two Hundred Thirty- Four Dollars and Five Cents ($234.05) for prosecuting the June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 24020008 Richard Reville 14596 North Rd Violation(s): 05-040(a-b),175-110,175-170 & 175-240 • Respondent(s): Richard Reville Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s).05-040(a-b),175-110,175-170 & 175-240 Respondent is hereby ordered to comply with Section(s) 05-040(a-b),175-110,175-170 & 175-240 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 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 June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 23040034 Saenz Nathalia Maria Uribe & Saenz Juan Manuel Uribe 12915 Collecting Canal Violation(s): 20-017 • Respondent(s): Susan Taylor (Council for the property owner) Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s). 20-017. Respondent is hereby ordered to comply with Section(s) 20-017 of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 16, 2024, the compliance deadline set by this Order. Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.6 Respondent is further assessed administrative costs in the amount of Two Hundred Thirty- Four Dollars and Five Cents ($234.05) for prosecuting the June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 24050006 Maria E Fonte & Robrt Perez 3384 C Rd Violation(s): 20-017,20-010(g)(1) • Respondent(s): N/A Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s). 20-017,20-010(g)(1). Respondent is hereby ordered to comply with Section(s) 20-017,20-010(g)(1), of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than July 15, 2024. This matter is set for a Status/Fine Assessment Hearing on July 17, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past July 15, 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 June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 23060006 Maria E Fonte & Robrt Perez 3384 C Rd Violation(s): 05-040(a-b),175-110,175-170 & 175-240 • Respondent(s): N/A Towns Case file entered as composite Exhibit 1 without objection. Notice is good and sufficient for this Hearing based on Affidavit of posting and testimony of Officer Matos, the property remains in violation of Section(s). 05-040(a-b),175-110,175-170 & 175-240 Respondent is hereby ordered to comply with Section(s) 05-040(a-b),175-110,175-170 & 175-240, of the Town ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than August 16, 2024. This matter is set for a Status/Fine Assessment Hearing on August 21, 2024, at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such a hearing, a fine in the amount of up to Two Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.7 Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past August 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 June 19, 2024, hearing, payable within thirty (30) days of the date of this order. CASE NO. 24050001 Katherine Ballard 345 Tangerine Violation(s): 20-050(a)(1) - (a)(2) • Respondent(s): N/A It is the order of the Special Magistrate that this matter is continued to July 17, 2024, at 9:00 AM at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. CASE NO. 24050002 McCormick Homes 14199 Tangerine Dr Violation(s): 20-050(a)(1) - (a)(2) • Respondent(s): N/A It is the order of the Special Magistrate that this matter is continued to July 17, 2024, at 9:00 AM at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. CASE NO. 24050003 McCormick Homes 14199 Tangerine Dr Violation(s): 05-040(a-b) • Respondent(s): N/A It is the order of the Special Magistrate that this matter is continued to July 17, 2024, at 9:00 AM at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. CASE NO. 24050004 McCormick Homes 14199 Tangerine Dr Violation(s): 22-112 Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.8 • Respondent(s): N/A It is the order of the Special Magistrate that this matter is continued to July 17, 2024, at 9:00 AM at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. STATUS FINE ASSESSMENT / FINE REDUCTION CASES: CASE NO. 23040035 NWD Land Holdings, llc 14965 Okeechobee Blvd Violation(s): 20-017 • Respondent(s): Guiseppe Iadisernia The previous fine amount imposed pursuant to the July 11, 2023, Final Order Assessing Fine is hereby reduced to Two Thousand One Hundred Seventy Dollars and Twenty-Five Cents ($2170.25) payable within (30) days of the date of this order, or the original penalty amount of $6420.25 (including administrative costs) will automatically be reinstated as a penalty. CASE NO. 23100001 NWD Land Holdings, llc 14965 Okeechobee Blvd Violation(s): 20-017 (repeat violation) • Respondent(s): Guiseppe Iadisernia The previous fine amount imposed pursuant to the October 18, 2023 Final Order Finding Repeat Violation and Assessing Fine is hereby reduced to Thirteen Thousand Seven Hundred Thirty-Four Dollars and Five Cents ($13,734.05) payable within (60) days of the date of this order, or the original penalty amount of $30,734.05 (including administrative costs) will automatically be reinstated as a penalty. ADJOURNMENT: There being no further business the meeting was adjourned at 11:57 am Town of Loxahatchee Groves Special Magistrate Meeting Minutes Page No.9