Special Magistrate Hearing

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS 155 F. ROAD, LOXAHATCHEE GROVES, FL 33470 SPECIAL MAGISTRATE HEARING MINUTES OCTOBER 6, 2025 — 9:04 AM — 10:02 AM Meeting Audio Available Upan Request in the Ojflce 0fthe Town Clerk CALL TO ORDER The meeting was called to order by Amity Barnard, Special Magistrate at 9:04 AM on Monday, October 6, 2025. II. ROLL CALL Staff Present: o Amity Barnard, Esq. ,Special Magistrate o Caryn Gardner- Young, Community Standards Director o Jeff Kurtz, Town Attomey o Deanna Thomas, Lead Code Compliance Officer o 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 Both of the items under ‘Violation Hearings/New Business” were removed from the agenda. Town OfLOxahatchee Groves September [7, 2025 Special Magistrate Minutes Page N0. 2 IV. NOTICE OF STATUS/ FINE ASSESMENT HEARING 1. DANCING CRANE FARMS LLC o 14885 Nonh Road o Case # CE—25—6 o PCN:41-41—43-08-00-000-7090 o Previously found in Violation 0f the ULDC section 92-010 R€creational Vehicles — Permit, Inspection, and Maintenance Requirements Please see Exhibit A for the corresponding Order. 2. LANTANA HOLDINGS LLC o 16169 Southern Blvd o Case # 23010003 & 23010006 0 PCN:41—40—43—36—00—000—1020 1. The assessment of cost or fines 2. Such other matters as may be appropriate Please see Exhibit Bfor the corresponding Order. V. VIOLATION HEARINGS/NEW BUSINESS Both of the items under ‘Violation Hearings/New Business’ were removed from the agenda. 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 Monday, Nov 3, 2025 at 9:00 AM. VIII. ADJOURNMENT The meeting was adjourned at 10:02 AM. amt/Q Amity R. Barnardl’Fsquire, Special Magistrate W W2 Gabriella Croasdaile, Assistant to the Town Clerk  Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. EXH IBIT A 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 Returned to: Town of Loxahatchee Groves 155 F Rd Loxahatchee Groves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE-25—6 Petitioner, DANCING CRANE FARMS LLC, Respondent. ORDER GRANTING CONTINUANCE AND SETTING FINE ASSESSMENT HEARING RE: Violation of Section 92-010 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION 8—43-41, E 494.27 FT OF W 821.40 FT OF S 440.76 FT OF SW ‘A STREET ADDRESS: 14885 North Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 1 -41 -43‘08-00-000-7090 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 6‘“ day of October, 2025 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact and Order. Page 1 0f2  FINDINGS OF FACT Respondent, DANCING CRANE FARMS LLC, is the owner of the above-described property. NH Respondent was represented at the hearing by Chris Wells, Tenant; there was also a finding of proper notice. 3. By the “Order Finding Violation” dated September 8, 2025, the Special Magistrate ordered the Respondent to comply with the above-referenced sections on or before October 5, 2025. 4. At the hearing on October 6, 2025, 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 entered into the record as Composite Exhibit #1 without objection. 5. At the hearing on October 6, 2025, the Town requested to continue this matter. ORDER It is the Order of the Special Magistrate that this matter be continued. Respondent is hereby ordered to comply with Section 92-010 of the ULDC of the Code of the Ordinances of the Town of Loxahatchee Groves no later than October 20, 2025. This matter is set for Fine Assessment Hearing on November 3, 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 Fifty Dollars ($150.00) may be assessed for each day that the violations continue to exist past October 20, 2025, 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 ($234.05) for prosecuting the October 6, 2025 hearing, payable within thirty (30) days of the date of this order. Upon complying in any code enforcement matter, it is always the responsibility of the Respondent to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. «Ht day of October, 2025. DONE AND ORDERED THIS g TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE BY: AMITY BARN , ESQ. SPECIAL MAGISTRATE Page 2 of2  CFN 20250360505 OR BK 36056 PG 1560 RECORDED [0/10/2025 l 1:28 AM Palm Beach County. Flarida Pgx: I560— 1562;(3pgs) P dB : £€$e3ar3mgsq Davis & Associates, P.A. EXHIBIT B 701 Nonhpo‘mt Parkway, Suite 205 West Palm Beach, FL 33407 Retumed to: Town of Loxahatchee Groves 155 F Rd Loxahatchee Groves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NOS. 23010003 & 23010006 Petitioner, LANTANA HOLDINGS, LLC, Respondent. / ORDER ASSESSING FINE RE: Violation of Sections 20-017 (Case No. 23010003) and 87-030 (Case No. 23010006) of the Town ULDC, of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION 36-43-40, SLY 922 FT OF WLY 926.54 FT OF E 1/4 LYG N OF & ADJ TO SR 80 R/W STREET ADDRESS: 16169 Southem Boulevard Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 1 -40-43-36-00—000— 1 020 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 6‘“ day of October, 2025 regarding the above—referenced cases and based on the evidence presented at that hearing, enters the following Findings of Fact, Conclusions of Law and Order. Page l of 3  RECORDED Prepared By: Amity Bamard, Esq. OCT H) 2025 Davis & Associates, P.A. Cierk of the Circuit Court L Comptrouer 701 Northpoint Parkway, Suite 205 Palm Beach County, FL West Palm Beach, FL 33407 Returned to: Town of Loxahatchee Groves 155 F Rd Loxahatchee Groves, FL 33470 SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NOS. 23010003 & 23010006 Petitioner, LANTANA HOLDINGS, LLC, Respondent. ORDER ASSESSING FINE RE: Violation of Sections 20-017 (Case No. 23010003) and 87-030 (Case N0. 23010006) of the Town ULDC, of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION 36-43—40, SLY 922 FT OF WLY 926.54 FT OF E 1/4 LYG N OF & ADJ TO SR 80 R/W STREET ADDRESS: 161 69 Southem Boulevard Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 41-40-43 -3 6—00-000- 1 020 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 6m day of October, 2025 regarding the above-referenced cases and based on the evidence presented at that hearing, enters the following Findings of Fact, Conclusions of Law and Order. Page 1 of 3  FINDINGS OF FACT Respondent, LANTANA HOLDINGS, LLC, is the owner of the above-described propeny. Nrt— Respondent was represented at the hearing by Moises Bezaquen; there was also a finding of legal service via signed certified mail as well as agreed waiver of all due process claims Via Paragraph 11 of the Joint Code Enforcement Stipulated Agreement, as amended. Cody German, Esq., Counsel and Murillo Avilar, for tenant and contract purchaser FERP Holdings, were also present remotely and in person at the hearing, respectively. The Parties entered into a Stipulated Agreement on April 3, 2023. The Parties entered into a First Amendment to Stipulated Agreement (“First Amendment”) on June 27, 2023. Section 7 of the First Amendment provides: 7. The parties agree to modify paragraph 6 of the Agreement as follows: 6. If Owner fails to comply with the Compliance Schedule, the Town will record an Affidavit of Non-Compliance in the Public Records and this Agreement shall automatically terminate and be of no force and effect, except that the provisions of paragraphs 6 and 7 shall survive such termination. Additionally, upon the recording of the Affidavit of Non—Compliance, the Town will seek an Order imposing flnes as follows: o For Case No. 23010003, a fine of $250.00 per day from the effective date of this Amendment and continuing to accrue until compliance is achieved. o For Case No. 23010006, a fine of $1 1,452.50 per day, in accordance with the fine schedule attached hereto as Exhibit “A-l" from the date of the Order Finding Violation and continuing to accrue until compliance is achieved. All fines to be imposed will become a lien on the property where the violation(s) exists and upon any other real or personal property of the violator/Owner. Nothing herein shall waive the Owner or Tenant's right to seek reduction of fines or other penalties aher compliance with this Agreement. At the hearing on October 6, 2025, Deanna Thomas, the Town’s Code Enforcement Officer and Town Attorney 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. The Town Attorney advised an Affidavit of Non-Compliance dated September 16, 2025 had been recorded in the Official Records of Palm Beach County, Florida on September 17, 2025 at Book 36007, Pages 1670-1671, a copy of which was entered as entered into the record as part of Composite Exhibit 1. CONCLUSIONS OF LAW The above-stated facts are sufficient to allow the imposition of fines as set forth in the First Amendment executed by the Parties. Page 2 of3  ORDER Case No. 23010003 It is hereby the Order of the Special Magistrate that a Fine of Two Hundred Eight Thousand Two Hundred Fifty Dollars ($208,250.00) is hereby assessed in accordance with Section 6 of the First Amendment for noncompliance at Two Hundred Fifty Dollars ($250.00) per day beginning June 27, 2023 through October 6, 2025, a period of eight hundred thirty-three (833) 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. Case No. 23010006 It is further the Order of the Special Magistrate that a Fine of Two Hundred Eight Thousand Two Hundred Fifty Dollars ($208,250.00) is hereby assessed in accordance with Section 6 of the First Amendment for noncompliance at Two Hundred Fifty Dollars ($250.00) per day beginning June 27, 2023 through October 6, 2025, a period of eight hundred thirty-three (833) 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. 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 to request a re- inspection of the property. DONE AND ORDERED THIS b‘fL day of October, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORC MENT SPECI MAGISTRATE BY: AMITY BMARD, ESQ. SPECIAL MAGISTRATE