Special Magistrate Hearing

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS 155 F. ROAD, LOXAHATCHEE GROVES, FL 33470 SPECIAL MAGISTRATE HEARING MINUTES JULY 7, 2025 — 9:08 AM — 9:50 AM MeetingAudio Available Upon Request in the Ojfice 0fthe Town Clerk I. CALL TO ORDER The meeting was called t0 order by Amity Barnard, Special Magistrate at 9:08 AM On Monday, July 7, 2025. II. ROLL CALL Staff Present: o Amity Barnard, Esq. ,Special Magistrate 0 Caryn Gardner- Young, Community Standards Director 0 Craig Lower, Public Works Superintendent o Deanna Thomas, Lead Code Compliance Officer 0 Sammie Brown, Town Clerk Assistant Special Magistrate: Amity Barnard, Esq. III. ADDITIONS, DELETTIONS, AND/OR MODIFICATION TO THE AGENDA VI. CONFIRMATION OF THE NEXT HEARING DATE The next Special Magistrate hearing is scheduled for Wednesday, July l6, 2025 at 9:00 AM. VII. ADOURNMENT J The meeting was adjourned at 9:50 AM. @< M Amity R. Barnard, Esquire, Special Magistrate Clerk Page 3 of3 3. By the “Order Finding Violation” dated June 2, 2025, the Special Magistrate ordered the Respondents to comply with Sections 30-43 and 30-44 and Section 20-015 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves on or before July 2, 2025. 4. At the hearing on July 7, 2025, Deanna Thomas, the Town’s Code Enforcement Officer testified under oath and presented documentary and photographic evidence of Violations remaining on the property. The Town’s documentary and photographic evidence were entered into the record without objection as Composite Exhibit 1. CONCLUSIONS OF LAW The above—stated facts constitute a continuing violation of Sections 30—43 and 30-44 and Section 20— 0 l 5 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. ORDER It is hereby the Order of the Special Magistrate that a Fine of Five Hundred Dollars ($500.00) is hereby assessed beginning July 3, 2025 through July 7, 2025, a period of five (5) days, and continuing to accrue at One Hundred Dollars ($100.00) per day for each day that the violation continues to exist until compliance is achieved. Respondents are further assessed administrative costs in the amount of $234.50 for prosecuting the July 7, 2025 hearing, payable within thirty (30) days of the date of this order. Administrative costs in the amount of $234.05 for prosecuting the June 2, 2025 hearing are also hereby reryfzrmed. 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 even if the repeat violation has been corrected prior to the Special Magistrate hearing. Should a dispute arise conceming compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 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 TH\ day ofJuiy, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORC NT SPEC GISTRATE " / ,/ BY: AMITY BARNARD, ESQ \ SPECIAL MAGISTRATE Page 2 of2 3. By the “Order Finding Violation” dated June 2, 2025, the Special Magistrate ordered the Respondent to comply with Section 92—010 of the ULDC of the Code ofOrdinances of the Town of Loxahatchee Groves on or before July 2, 2025. 3. At the hearing on July 7, 2025, Deanna Thomas, the Town’s Code Enforcement Officer testified under oath and presented documentary and photographic evidence of violations remaining on the property. The Town’s documentary and photographic evidence were entered into the record without objection as Composite Exhibit 1. CONCLUSIONS OF LAW The above—stated facts constitute a continuing violation of Section 92-010 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. ORDER It is hereby the Order of the Special Magistrate that a Fine of Five Hundred Dollars ($500.00) is hereby assessed beginning July 3, 2025 through July 7, 2025, a period of five (5) days, and continuing to accrue at One Hundred Dollars ($100.00) per day for each day that the violation continues to exist until compliance is achieved. Respondent is further assessed administrative costs in the amount of $234.50 for prosecuting the July 7, 2025 hearing, payable within thirty (30) days of the date of this order. Administrative costs in the amount of $234.05 for prosecuting the June 2, 2025 hearing are also hereby reapirmed. 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 even if the repeat violation has been corrected prior to the Special Magistrate hearing. Should a dispute arise concerning compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. 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 t0 request a re-inspection of the property. DONE AND ORDERED THIS er I. a. day of July, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECI L MAGISTRATE i l BY: ' "\.._/ l AMITY 3mm, ESQ. l SPECIAL MAGISTRATE Page 2 of2