Special Magistrate Hearing

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS 155 F. ROAD, LOXAHATCHEE GROVES, FL 33470 SPECIAL MAGISTRATE HEARING MINUTES AUGUST 4, 2025 — 9:05 AM — 10:40 AM Meeting Audio Available Upon Request in the Oj§€ce 0fthe Town Clerk CALL TO ORDER The meeting was called to order by Amity Barnard, Special Magistrate at 9:05 AM on Monday, August 4, 2025. II. ROLL CALL Staff Present: 0 Amity Barnard, Esq. ,Special Magistrate o Caryn Gardner— Young, Community Standards Director 0 Tanya Barley, Town Attorney o Deanna Thomas, Lead Code Compliance Officer’ 0 John Suarez, Code Compliance Officer Special Magistrate: Amity Barnard, Esq. III. ADDITIONS, DELETTIONS, AND/OR MODIFICATION TO THE AGENDA l UVVH U] LUAu/lulL/IKE U/ (ll/CD QpCLlUl 1V1£lglé£lul€ 1V1l/lLtt5A IV. NOTICE OF STATUS/ FINE ASSESMENT HEARING l. LANTANA HOLDINGS, LLC o 16169 SOUTHERN BOULEVARD, LOXAHATCHEE GROVES, FL 33470 o Case # 23010003 & 23010006 o Violation Section(s): Previously found in Violation of Coda Section 87—030 Tree Removal Permit; 20—017 Prohibited Use o PCN: 4 1-40-43—36-00-000-1020 Please see Exhibit A for correspOnding order. V. VIOLATION HEARINGS / NEW BUSINESS 2. JOSE VILARINO & RAMON A VILARINO JR . 2241 A ROAD, LOXAHATCHEE GROVES, FL 33470 o Case #25040001 o Violation Section(s): 30—6 Keep flll on property; 20—01 7 Prohibited Uses; 20—010 (G)(l) Residential Zoning District o PCN: 41-40-43—24—00—000-1030 Please see Exhibit Bfor corresponding order. VI. CONFIRMATION OF THE NEXT HEARING DATE The next Special Magistrate hearing is scheduled for Wednesday, August 20, 2025 at 9:00 AM. VII. ADJOURNMENT The meeting was adjoumed at 10:40 AM. Amity R. Bamard}Esqhire, Special Magistrate Clerk Page 2 0f2  Exhibit A Prepared By: Amity Barnard, Esq. Davis & Associates, PA. 70] Northpoint Parkway, Suite 205 West Palm B65101), FL 33407 Rammed to: Town of Loxahalchee Groves 155 F Rd Loxahalchee Grows, FL 33470 SPECIAL MAGISTRATE HEARING TOVVN OF LOXAHATCHEE GROVES, FLOREDA (5:6!) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. 23010003 & 230!00{)6 Petitioner, LANTANA HOLDINGS, LLC, Respondent. / ORDER CONTINUING HEARING RE: Violation of Sections 20—017 (Case No. 23010003) and 87030 (Case N0. 23010006) of the Town ULDC, Code 0f Ordinances of the Town of Loxahatchee Groves, LEGAL DESCRIPTEON 36-43—40, SLY 922 FT OF WLY 926.54 FT OF E 1/4 LYC} N OF & ADJ TO SR 8O R/W STREET ADDRESS: i6 I 69 Southern. Boulevard Loxahatchee Groves, Florida 33470 PARCEI; CONTROL NUMBER: 41 -40~43 —36—00—000- 1 O20 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 4i“ day of August, 2025 regarding the above‘ref‘ereneed case and based on the evidence presented at that hearing, enters the foilowing Findings of Fact and Order. Page 1 of2  FINDINGS OF FACT ._‘ Respondent, LANTANA HOLDINGS, LLC, is the owner ofthe above—described property. 2. 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 the hearing. ORDER To the extent still necessary, the parties shall have until close of business August 15, 2025 to submit via email to mittyt'imlavislawteam.com with copy to opposing counsel, 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 Hearing will be held before the Special Magistrate on August 22, 2025 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 of 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 Li jLL day of August, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: aa AMITY BA‘IINARD, ESQ. L SPECIAL MAGISTRATE Page 2 of2  Exhibit B Prepared By: Amity Barnard. Esq Davis & ASSociates, RA. 701 Norihpoinl Parkway, Suite 205 Wexi Palm Bsach, FL 33407 Record and Return t0: Town of Loxahatchcc Groves 1§5 F Rd Lomhatchee Graves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCI'IEE GROVES, FLORIDA (561) 793-2418 TOVVN OF LOXAHATCHEE GROVES, FLORIDA, CASE NOE 25040001 Petitioner, JOSE VILARENO & RAMON A VILARINO JR, Respondents. / ORDER FINDING VIOLATION RE: Violation of Sections 30-6 of the Town Code of Ordinances and Sections 20—017 and 20— 01 0(g)(1) ofthe ULDC of the Code of Ordinances of the Town ofLoxahatchee Groves. LEGAL DESCRKP’HON 24—43-40, E 1/2 OF N 631.5 FT OF S 1263.7 FT OF E 1/4 S'I‘REET ADD RESS: 2241 A Road Loxahatchee Gmvcs, Florida 33470 PARCEL CONTRO L NUMBER: 4 l ~40-43-24~00~000-1 030 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 41'“ day 01’ August, 2025 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 Respondents, JOSE V11_./-\.RINO & RAMON A VILARINO JR, are the owners of the above~ described property. Page 1 of 2 2. Respondents were represented at the hearing by JOSE VILARINO; there was also a finding of proper not1ce. 3. At the hearing on August 4, 2025, John Suarez and Deanna Thomas, the Town’s Enforcement Officers, testifled under oath and presented documentary and photographic evidence of the violation occurring on the property. The Town’s documentary and photographic evidence were entered into the record as Composite Exhibit 1, without objection. Respondents’ documentary and photographic evidence were entered into the record as Composite Exhibit R2, without obj ection. CONCLUSIONS OF LAW The above-stated facts constitute a violation of Sections 30—6 of the Town Code of Ordinances and Sections 20-017 and 20-010(g)(1) of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. ORDER Respondents are hereby ordered to comply with Sections 30—6 of the Town Code of Ordinances and Sections 20-017 and 20-010(g)(1) of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than September 5, 2025. This matter is set for a Fine Assessment Hearing on September 17, 2025 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 One Hundred Fihy Dollars ($150.00) may be assessed for each day that the Violation continues to exist past September 5, 2025, the compliance deadline set by this Order. Respondents are further assessed administrative costs in the amount of Two Hundred Thirty—Four Dollars and Five Cents ($234.05) for prosecuting the August 4, 2025 hearing, payable within thirty (30) days of the date of this order. Should a dispute arise concerning compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. 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. 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 LHL day of August, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFO MENT SPECv I MAGISTRATE BY: X» / . AMITY BARNARD, / ESQ. SPECLAL MAGISTRATE Page 2 of 2