Special Magistrate Hearing

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS 155 F. ROAD, LOXAHATCHEE GROVES, FL 33470 SPECIAL MAGISTRATE HEARING MINUTES SEPTEMBER 8, 2025 — 9:00 AM — 10:16 AM MeetingAudio Available Upon Request in the Office offhe Town Clerk CALL TO ORDER The meeting was called to order by Amity Bamard, Special Magistrate at 9:00 AM on Wednesday, September 8, 2025. II. ROLL CALL Staff Present: Amity Bamard, Esq. ,Special Magistrate Jeff Kurtz, Tewn Attorney Caryn Gardner —Young, Director of Community Standards Deanna Thomas, Lead Code Compliance Officer John Suarez, Code Compliance Officer o Gabriella Croasdaile, Assistant to the Town Clerk/Board Clerk Special Magistrate: Amity Barnard, Esq. III. ADDITIONS, DELETTIONS, AND/OR MODIFICATION TO THE AGENDA Director of Community Standards Caryn Gardner-Young provided deletions and modifications to the Special magistrate agenda - Section IV. Item 1,2,6. were deleted from the agenda. Section III. Item 2 was moved first in the hearing. Town ofLoxahatchee Groves September 8, 2025 Special Magistrate Minutes Page N0. 2 IV. NOTICE OF STATUS/ FINE ASSESMENT HEARING 1. PALENZULA GISELA & PALENZUELA LEONARDO 2793 C Rd 25040066 PCN: 41-41-43-17-01-238-0020 Violation Section(s): 175-1 10, 175-1 70, 175-240 — FDA Requirements, 20-017 Prohibited Use Please see Exhibit A for the correspanding Order. 2. SEIFERT MARGARET & SEIFERT KENNETH 3255 E Rd 23020001 PCN: 41-41-43-17-01 —434-0030 Violation Section(s): 30-43, 30-44, 30-45, 30-49(a) — Manure Violation Please see Exhibit Bfor the corresponding Order. V. VIOLATION HEARINGS/NEW BUSINESS 3. J&J REALTY INVESTMENT HOLDINGS LLC 1555 Folsom Rd CE—25-15 PCN: 41-41-43-17-01-637-0010 Violation Section(s): 22-132, 22-134, 22-135 — Business Tax Receipt Please see exhibit Cfor the corresponding Order. VI. AGREED ORDERS There were no agreed orders at this hearing. VII. CONFIRMATION OF THE NEXT HEARING DATE The next Special Magistrate hearing is scheduled for Wednesday, September 17, 2025 at 9:00 AM. VIII. ADJOURNMENT The meeting was adjoumed at 10:16 AM. Town ofLoxahatchee Groves September 8, 2025 Special Magistrate Mnutes Page N0. 3 §<ZtU Amity R. Bamard, Esquire, Special Magistrate Gabriella Croasdaile, Assistant to the Town Clerk  Prepared By: Amity Barnard, Esq Davis & Associates~ PHI-X EXHIBIT A 70] Nori‘hpoini Parkway, Suite 205 West Palm Beach, FL 33407 Returned t0: Town ofLoxahatchee Graves 155 F Rd Loxal‘latchee Grovese. FL 33470 SPECIAL MAGISTRA'I‘E HEARING TOWN OF LOXAHATCI-IEE GROVES, FLORIDA (561) 793—2418 TOWN OF LOXAI-IATCI-Hala GROVES, FLORmA, CA$E N0. 25040066 Petitioner, LEONARDO PALENZUELA & GISELA PALENZUELA, Respondents. / ORDER ASSESSING FINE R13: Violaiion of Sections 175—170, 175—110, 175~24O and 20—017 Of the ULDC of the Code 0f ”I‘Own Ordinances of the OI'L-oxahatchee Groves. LEGAL DESCRIP'l‘ION LOXAHA’I‘CHEE GROVES S 1/2 OF TR 38 BLK B STREET ADDRESS: 2793 C Road 1.,0xahatchee Groves, Honda 33470 PARCEL CONTROL NUMBER: 4 1 -4 1 ~43—1 7—0 l —238—002O The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 8‘“ day of September, 2025 regarding the above-«referenced case and based on the evidence presented at that hearing, enters the following Findings ofFact, Conclusions of Law and Order. FINDINGS OF FACT Respondents, LEONARDO PALENZUELA & GISELA PALENZUELA, are the owners of the above-described property, 2. Respondents were not present at the hearing; however, there was a tinding oi’proper notice. Page 1 of3 3. By the “Order Finding Violation” dated June 2, 2025, the Special Magistrate ordered the Respondents to comply with Sectinns 175—170, 175~1 10, 175~240 and 20~017 of the ULDC of the Code of Ordinances ofthe Town of Loxahal‘chee Grove on or before July 7, 2025 for the violation of $ection 20-017, on or before July 7, 2025 by applying for the required FDA permit for the violation of Sections l75—l 70, 175—1 10 and 175240 and on or before August 29, 2025 by obtaining the required FDA permit for the violation ofSections 175“] 70, 175-1 10, 175-240 4. At the hearing on September 8, 2025, John Suarez, the Town’s Code Enforcement Officer testified under oath and presented documentary and photographic evidence of violations remaining on the properly. Mr, Suarez testilied that the Respondents had timely complied with the violation of Section 20'01 7 and Sections 175—1 70, 175*1 10 and 175—240 with regard to applying for the required FDA permit; however, Mr. Suarez testified that the required FDA permit had not been issued by the required eon'ipliance date of August 29, 2025 as the Respondents had not yet executed the required FDA permit, therefore the violation of Sections 175-1 70, 175-] 10 and 175~240 was not in compliance regarding issuance of the required FDA permit. 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 0f Sections 175-170, 175—1 10 and 175—240 of the ULDC of the Code ofOrdinances of the Town of Loxahatchee Groves. ORDER It is hereby the Order of the Special Magistrate that. a Fine of Two Thousand Five Hundred Dollars ($2,500.00) is hereby assessed beginning August 30, 2025 through September 8, 2025, a period of ten (10) days, and continuing to accrue at Two Hundred Fifty Dollars ($250.00) 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 September 8, 2025 hearing, payable within thirty (30) days ofthe date ofthis order. Administrative costs in the amount ofS234.05 for prosecuting the June 2, 2025 hearing are also hereby reaf/irmed. Should you violate the same Section ofthe Code again, you may be subject to a tine 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 vioiation 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 iii 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. Page 2 of 3  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. (€{h DONE AND ORDERED THIS day of September, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE ,2 /’ ,/- BY: &</ 5 i AMm? BARNAR‘D, ESQ. SPECIAL MAGISTRATE Page 3 of 3  Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. EXHIBIT B 701 Northpoim Parkway, Suite 205 West Palm Beach, FL 33407 Returned to: Town of Loxahatchee Groves 155 F Rd Loxahalchet‘, Groves, FL 33470 SPECIAL MAGISTRATE I-IEARING TOWN OF LOXAI-IA'I‘CHEE GROVES, FLORIDA (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE N0. 23020001 Petitioner, MARGARET M & KENNETH SEIFERTII, Respondents. / ORDER ASSESSING FINE RE: Violation ofOrdinance No. 2012—03 Sections 2 and 8 codified at Sectiono 30-43, 30—44, 30-45 and 30- 49(0) oHhe Code ofOrdinances of tho Towu of Loxahatchee Groveo LEGAL DESCRIPTION LOXAHATCHEE GROVES W 1/2 OF S 1,52 OF TR 34 BLK D STREET ADDRESS: 3255 F Road Loxahatcheo Groves, l'dorida 33470 PARCEL CONTROL NUMBER: 4 1 —4 1 —43~l 7»01 434-0030 The Code 1&3nforcemcm Specia1 Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing heid on the 8'“ day ot’ September, 2025 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact, Conclusions ofLaw and Order FINDINGS OF FAQ Respondents, MARGARET M & KENNETH SIZIIFERTH, are the owners of the above—described property, 2. Respondents were represented at the hearing, by James Gavigan, Esq, Counsel; there was also a Finding of proper notice. Rage 1 of2  3. By the “Order Finding Irreparable/Ineversible Violation” dated February 6, 2023, the Special Magistrate ordered the Respondents to comply with Ordinance No. 2012-03 Sections 2 and 8 codified at Sections 30-43, 30-44, 30—45 and 30-49(a) on or before March 6, 2023. 4. At the hearing on September 8, 2025, Deanna Thomas, the Town’s Code Enforcement Offlcer and Town Attomey 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 l. 5. The Town Attomey advised that the prior Order Finding Irreparable/Irreversible Violation dated February 6, 2023 had been appealed to the Circuit Court of the Fifteen Judicial Circuit and affirmed per curiam (Case N0. 50-2023~CA-002 lO7-XXXX-MB). 6. The Town Attomey and Respondent‘s counsel agreed that given resolution of the appeal jurisdiction was back with the Special Magistrate and further advised that the Parties were in mutual agreement to resolve the matter for a one-time fine in the amount of $5,000 for the irreparable/irreversible violation previously found on the property plus the previously imposed administrative costs. CONCLUSIONS OF LAW The above—stated facts constitute an irreparable/irreversible violation of Ordinance No 2012 03 Sections 2 and 8 codified at Sections 30-43, 30-44, 30-45 and 30-49(a) of the Code of Ordinances ofthc Town of Loxahatchee Groves. ORDER [t is hereby the Order of the Special Magistrate that a one-time Fine of Five Thousand Dollars ($5,000.00) is hereby assessed for the irreparable/irreversible violation of Ordinance No. 2012-03 Sections 2 and 8 codified at Sections 30-43, 30-44, 30-45 and 30-49(a) of the Code of Ordinances of the Town of Loxahatchee Groves. Administrative costs in the amount of $234.05 for prosecuting the February 6, 2023 hearing are also hereby assessed, payable within thirty (30) days of the date of this order. 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 ifthe 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 tipon 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 responsibilitv 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 g day of September, 2025. TOWN OF LOXAHATCHEE GROVES ~ s? l CODE ENFORC ENT SPE [AL WGISTRATE BY: AMTTY BARNARD, ESQSPECIAL MAGISTRATE Page 2 of 2  Prepared By: Amity Barnard? Esq. Davis & Associates. P.A. EXHIBIT C 70] Northpoinl Parkway, Suite 205 West Palm Beach, FL 33407 Returned £0: Town of 1,,oxahaichce Groves 155 F Rd Loxahatchee Groves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OF LOXAHA'I‘CHEE GROVES, FLORIDA (561) 793-24 18 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE«25-15 Petitioner, J & J REALTY INVESTMENT HOLDINGS LLC, Respondent. / ORDER FINDING VIOLATION AND DELINQUENCY AND ASSESSING FINES AND PENALTIES RE: Violation of Soclions 22-1 32, 22-134 and 22435 of the Code ofOrdinancos of the Town of Loxahatchoc Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES TR 37 (LESS W 1450. 14 FT & E 50.02 ADDL FOLSOM RD R/W) BLK F STREET ADDRESS: 1555 Folsom Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 l —4 l ~43- 1 7—01 ~637—OO I 0 Tho Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 81h day of September, 2025 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact, Conclusiona of Law and Ordeit Page l 0f3  FINDINGS OF FACT Rcspondeni, J & J REALTY INVESTMENT HOLDINGS LLC, is the owner of the abovc~ described property. Respondent was not present at the hearing; however, there was a finding Ofproper noiicc. Documentation and/or evidence was produced at the September 8, 2025 hearing indicating that the Respondent has not paid the Business Tax imposed by the Town of Loxahatchee Groves for the preceding years ot‘2023 and 2024 and such tax is now deiinquent beyond 150 days after the initiai notice of tax due. The Town’s documentary and/or photographic evidence were entered into the record as Composite Exhibit 1 without objection. CONCLUSIONS OF LAW The aboveestated facts constitute a vioiation of Sections 22~l32, 22-134 and 22—135 of the Code ofOi-dinances of the Town of Loxahatchee Groves and subjects Respondent to penalties as set forth at Chapter 205, FS ORDER Pursuant to Section 205.053(2), F.S., Respondent is delinquent in the payment of the required Business Taxes which were due on September 30, 2023 and September 30, 2024 and have been assessed the maximum delinquency penalty of up to twenty~live percent (25%) of the tax due in addition to any other penalty provided by law or ordinance. It is hereby Ordered that the Respondent pay the required Business Tax due in the amount of One Hundred Dollars ($100.00) for 2023 pursuant to Sections 22—l32, 22-134 and 22~l35 of the Code of Ordinances of the Town of Loxahatohee Groves, plus a penalty of twenty—five percent (25%) ofthe tax due in accordance Section 205.053(2), F,S., equal to Twenty~Five Dollars ($25.00), for the year 2023. lt is further Ordered that the Respondent pay the required Business Tax due in the amount of One Hundred Dollars ($100.00) for 2024 pursuant to Sections 22~l32, 22-134 and 22-l35 of the Code of Ordinances ofthe Town of Loxahatchee Groves, plus a penalty oftwenty—five percent (25%) of the tax due in accordance Section 205.053(2), F.S., equal to Twenty~Five Dollars ($25.00), for the year 2024. Accordingly, Respondent is hereby assessed a total tax and penalty amount due of $250.00, all in accordance with Section 205.053, F.S. Should you violate the same Section ofthe 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 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. Page 2 of3  A certified copy of this Order shall be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the Violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. DONE AND ORDERED THIS gig day ofSeptember, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: J g/ AMITY BARtNARD, ESQ. SPECIAL MAGISTRATE Page 3 of3