Special Magistrate Hearing

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS 155 F. ROAD, LOXAHATCHEE GROVES, FL 33470 SPECIAL MAGISTRATE HEARING MINUTES DECEMBER 1, 2025 — 9:04 AM — 12:30 PM MeetingAudia Available Upon Request in the Office 0fthe Town Clerk CALL TO ORDER The meeting was called to order by Amity Barnard, Special Magistrate at 9:04 AM on Monday, December 1, 2025. ROLL CALL Staff Present: Amity Bamard, Esq. ,Special Magistrate Jeff Kurtz, Town Attorney Deanna Thomas, Lead Code Compliance Officer John Suarez, Code Compliance Officer Craig Lower, Public Works Superintendent o Ennya Blaise, Assistant to the Town Clerk Special Magistrate: Amity Barnard, Esq. ADDITIONS, DELETTIONS, AND/0R MODIFICATION TO THE AGENDA There were no deletions or modifications to the agenda. APPROVAL OF THE MINUTES 08/04/25 Special Magistrate Héaring Minutes 2. 08/22/25 Special Magistrate Hearing Minutes 3. 09/08/25 Special Magistrate Hearing Minutes 4. 09/17/25 Special Magistrate Hearing Minutes NOTICE OF STATUS/ FINE ASSESMENT HEARING There was no notice of status/ fine assessment hearings at this hearing. VIOLATION HEARINGS/ NEW BUSINESS 1. THOMAS & SHEILA WOZNIAK Address: 14090 North Road PCN:41 -4l-43—1 7—01-429-0020 Case# CE-25-47 Code Sections: Code of Ordinances 30-7 Imminent Public Threat; Code of Ordinances 30-1(4) Nuisances; ULDC 70-01 5 Maintenance of Swales and Culverts Please see Exhibit Afar thefollowing Order 2. PBP INVESTMENTS LLC Address: 392 F Road PCN: 41-41-43-1 7-01-905-005 Case # CE-25-40 Code sections: ULDC 20-010 (B)(2) General Provisions Fences Please see Exhibit Bfor thefallowing Order 3. SAFAR IRREVOCABLE TRUST Address: 15447 San Diego Drive PCN: 41-41-43-17-01-207-0460 Case # CE-25-42 Code sections: ULDC 05-040 Permits required; FBC 105.1 Building Permits required Please see Exhibit Cfor thefallowing order 4. BUCKPASSER LLC Address: 14872 Gruber Lane PCN: 41-41-43-1 7-01-305-0010 Case # 25050004 Code sections: ULDC 175-170 General; ULDC 175—1 10 Permits required; ULDC 175-240 Violations Please see Exhibit Dfor thefollowing order  5. PETER GRAHM & MELISSA MARTZ Address: 14817 Snail Trail PCN: 41—41-43-17-01-309-0080 Case # CE-25-28 Code sections: ULDC 70-01 5 Maintenance of swales and culverts; ULDC 70-020 Drainage to be contained on site; ULDC 70-025 Culverts required Please see Exhibit Efor thefollowing order 6. JOHN & EVAN & ARLENE SMITH Address: 14805 Okeechobee Boulevard PCN: 41—41-43-17-01-313-0010 Case # CE-25-32 Code sections: ULDC 20-010(G)(1) General provisions — Outdoor storage; ULDC 20-017 Prohibited Uses Please see Exhibit Ffor thefOllowing order 7. SCOTT & CHRISTINA DEVINE Address: 1037 F Road PCN: 41 41 43 17 01 535 0020 Case # CE-25-49 Code sections: ULDC 50-035(B) Roadside and Trail vegetative nuisance prohibited Remavedfrom Agenda PETITION TO CODE ENFORCEMENT SPECIAL MAGISTRATE TO DETERMINE COMPLIANCE 1. ELDAD ITSKOVICH Address: 1032 Hyde Park Rd PCN: 41-41-43-17-01-535—0030 Case # 202006122 Code section: ULDC 175-1 10 Permits required Petition requested by: Katie A. Edwards-Walpole, Esq. for property owner, Eldad Itskovich Please see Exhibit Gfor thef0llowing order CONFIRMATION OF THE NEXT HEARING DATE The next Special Magistrate hearing is scheduled for, January 5, 2026 at 9:00 AM. ADJOURNMENT The meeting was adjourned at 12:30 PM. WW Amity R. Barnard,VEsquire, Special Magistrate QQM/yM Gabriella Croasdaile, Assistant to the Town Clerk  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT A (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE-25-47 Petitioner, THOMAS N II & SHEILA M WOZNIAK, Respondents. / ORDER RESETTING VIOLATION HEARING RE: Violation of S€cti0ns 30-7 and 30-l(4) ofthe Code of Ordinances and Section 70-015 of the Town ULDC of thc Codc of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES W V2 OF E ‘/z Ol" 'IR 29 BLK I) STREET ADDRESS: 14090 North Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 1 -41 -43-1 7-0 1 ~429-002O The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 15‘ day of December, 2025 regarding the above—referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact and Order. FINDINGS OF FACT Respondents, THOMAS N II & SHEILA M WOZNIAK, are the owners of the abovedescribed property. Respondents were represented at the hearing by Melissa Chulski, Esq, Counsel; there was also a finding of proper notice. The Parties mutually agreed to a continuance ofthe matter. Page l of2  ORDER It is the Order of the Special Magistrate that this matter is continued to February 2, 2026 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. 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 1 §T day of December, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE %l/LK AMITY BARNARD, ESQ. SPECIAL MAGISTRATE Page 2 of2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT B (561) 793—2418 TOVVN OF LOXAHATCHEE GROVES, FLORIDA, CASE N0. CE—25-40 Petitioner, PBP INVESTMENTS LLC, Respondent. / ORDER FINDING VIOLATION RE: Violation of Section 20-OIO(B)(2) of the ULDC of the Code of Ordinances of the Town of Loxahatchoe Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES N 700 FT OF S 1450 FT OF W 310 FT OF TR 5 BLK K STREET ADDRESS: 392 F Road Loxahatchee Grovcs, Florida 33470 PARCEL CONTROL NUMBER: 41 -4 1 -43-1 7-0 l 305-0050 T116 Code Enforcomcnt Special Magistrate heard tcstimony at the Code Enforcement Special Magistrate Hearing held on the 15‘ day of December, 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 Respondent, PBP INVESTMENTS LLC, is the owner of the above—described property. NH. Respondent was not present at the hearing; however, there was a finding of proper notice. 3. At the hearing on December 1, 2025, John Suarez, the Town‘s Enforcement Officer, and Craig 'l‘own’s Lower, the Public Works Superintendent, testified 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. Page l of 2  CONCLUSIONS OF LAW Thc abovc—statcd facts constitute a violation of Scction 20~010(B)(2) of thc ULDC of the Code of 'l'own Ordinances ofthe of Loxahatchee Groves. ORDER Respomlcnt is hereby ordered to comply with Section 20—010(B)(2) of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than December 15, 2025. This matter is set for a Fine Assessment Hearing on January 5, 2026 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 violation continues to exist past December 15, 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 December 1, 2025 hearing, payable within thirty (30) days of the date ofthis order. Should a dispute arise concerning compliance, either party may rcqucst 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 Respondent to contact the Code Enforcement Department at (561) 793—2418 to request a re— inspection of the property. DONE AND ORDERED THIS l Si‘ day of December, 2025. TOWN OF LOXAIIATCIIEE GROVES CODE ENFORCEMENT S EC MAGISTRATE BY: AMITY B‘A’RNARD, ESQ. SPECIAL MAGISTRATE Page 2 of2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT C (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE-25-42 Petitioner, SAFAR IRREVOCABLE TRUST, Respondent. / ORDER FINDING VIOLATION RE: Violation of Section 05-040 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves and Section 105.1 of the Florida Ruilding Code. LEGAL DESCRIPTION LOXAHATCHEE GROVES N 169.01 FT OF W 100 FT OF E 1090 FT OF TR 7 BLK B STREET ADDRESS: 15447 San Diego Drive Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 1 -41—43-1 7-0 l -207-O460 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 15‘ day of December, 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 l. 'l‘RUS'l‘, Respondent, SAFAR lRRliVOCABLE is the owner ot'the above—described propenv [Q Respondent was represented at the hearing by Zia Shaukat, Realtor; there was also a finding of proper notice. At the hearing on December 1, 2025, John Suarez and Deanna Thomas, the Town’s Enforcement Officers, testified 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 l, without objection. 4. The Respondent’s documentary evidence was entered into the record as Composite Exhibit R2, without objection. Page l of2  CONCLUSIONS OF LAW The above-stated facts constitute a violation of Section 05-040 of the ULDC of the Ccde of Ordinances of the Town of Loxahatchcc Groves and Section 105.1 of the Florida Building Code. ORDER Respondent is hereby ordered to comply with Section 05-040 of the ULDC of the Code of Ordinances of the Town of Loxahatcliee Groves and Section 105.1 of the Florida Building Code no later than January 2, 2026. This matter is set for a Fine Assessment Hearing on January 5, 2026 at 9:00 am at the Town of Loxahatchee Groves Town Ilall, 155 F Road, Loxahatcliee Groves, Florida 33470. At such hearing, a tine in the amount ofTwo Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past January 2, 2026, 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 December l, 2025 hearing, payable within thirty (30) days ofthc date of this order. Should a dispute arise concerning compliance, either party may requcst 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 pode 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 l Si‘ day of December, 2025. TOWN OF LOXAHATCHEE GROVES ‘ ‘ ‘ CODE ENFORC liN'l' ‘ AL ‘ISTRATE BY: AMITY BARNARn’, ESQ. SPECIAL MAGISTRATE Page 2 of2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT D (561) 793-2418 TOWN OF LOXAIIATCIIEE GROVES, FLORIDA, CASE NO. 20250004 Petitioner, BUCKPASSER LLC, Respondent. / ORDER FINDING VIOLATION RR: Violarinn of Sections 175-1 70, 175-1 IO and 175-240 ofthe ULDC of the Code of Ordinances of the Town of Loxahatchce Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES E 1/4 OF TRACT 5 BLK C STREET ADDRESS: 14782 Gruber Lane LOxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 1 -41—43-1 7-01-305—0010 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 15‘ day of December, 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 l. Respondent. BUCKPASSER LLC, is the owner of the above-described property. k) Respondent was represented at the hearing by Bianca Berktold and Tim DeYoung, Owners; there was also a finding of proper notice. 3. At the hearing on December 1, 2025, John Suarez, the Town’s Enforcement Officer, and Jeff Kunz, the Town’s prior Coordinator, testified 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 l, without objection. 4. The Respondent’s documentary evidence was entered into the record as Composite Exhibit R2. without objection. Page 1 of2  CONCLUSIONS OF LAW The abovc—slatcd facts consLiLuLc a violation of S€ctions 175~170, 175—1 10 and 175-240 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. ORDER Respondent is hereby ordered to comply with Sections 175—170, 175-1 10 and 175-240 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than February 27, 2026. This matter is set for a Fine Assessment Hearing on March 2, 2026 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 Two Hundred Fifty Dollars ($250.00) may be assessed for each day that the violation continues to exist past February 27, 2026, the compliance deadline set by this Order. Administrative costs for prosecuting the December l, 2025 hearing are hereby reserved. 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 Respondent to contact the Code Enforcement Department at (561) 793-2418 to request a re- inspection of the property. DONE AND ORDERED THIS i s‘l‘ day of December, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFOR MENT SPECIAL ISTRATE BY: AMITY BARNARD, ESQ, SPECIAL MAGISTRATE Page 2 of2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT E (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE-25-28 Petitioner, PETER GRAHAM MARTZ & MELISSA C. MARTZ, Respondents. / ORDER FINDING VIOLATION RE: Violation of Sections 70—015, 70-020 and 70-025 ofthe ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES W 258 FT OF E 5 1 6 FT OF N 1/2 OF TR 9 BLK C STREET ADDRESS: 14817 Snail Trail Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 4 l -4l -43- l 7-0 l -309—0080 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing hcld on thc ls‘ day of December, 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, PETER GRAHAM MARTZ & MELISSA C. MARTZ, are the owners of the above—described property. 2. Respondents were represented at the hearing by PETER GRAHAM MARTZ; there was also a finding of proper notice. 3. At the hearing on December l, 2025, John Suarez, the Town’s Enforcement Officer, and Craig Lower, the Town’s Public Works Superintendent, testified 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 l, without objection. Page 1 of 2  CONCLUSIONS OF LAVV The above—stated facts constitute a violation ofSections 70~015, 70—020 and 70-025 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves. ORDER Respondents are hereby ordered to comply with Sections 70-015, 70-020 and 70—025 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than January 2, 2026. This matter is set for a Fine Assessment Hearing on January 5, 2026 at 9:00 am at the Town of Loxahatehee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. At such 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 January 2, 2026, the compliance deadline set by this Order. Respondents are further assessed administrative costs in the amount ofTwo Hundred Thirty-Four Dollars and Five Cents ($234.05) for prosecuting the December 1, 2025 hearing, payable within thirty (30) days of the date of this order. Should a dispute arise concerning compliance, either patty 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- inspectiou of the property. DONE AND ORDERED THIS I day of December, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORC ENT SPE "IAL GISTRATE BY: AMITV BAMRI’S, Pso. SPECIAL MAGISTRATE Page 2 of2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT F (561) 793-2418 TOWN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. CE-25—32 Petitioner, JOHN, EVAN & ARLEEN SMITH, Respondents. / ORDER RESETTING VIOLATION HEARING RE: Violation of Sections 20—010(G)(1) and 20-01 7 of thc Town ULDC of the Code of Ordinances Of the Town of Loxahatchee Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES TR 13 (LESS W 8.85 AC) BLK C STREET ADDRESS: 14805 Okeechobee Boulevard Loxahatchce Groves, Florida 33470 PARCEL CONTROL NUMBER: 4] —4I-43-I 7—01 -3I 3-001 0 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the l“ day of December, 2025 regarding the above—referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact and Order. FINDINGS OF FACT I. Respondents, JOHN, EVAN & ARLEEN SMITH, are the owners of the above-described property. 2. Respondents were represented at the hearing by Jack Rice, Esq., Counsel; there was also a finding of proper notice. 3. The Parties mutually agreed to a continuance of the matter. Page l of 2  ORDER It is the Order of the Special Magistrate that this matter is continued to April 6, 2026 at 9:00 am at the Town of Loxahatchee Groves Town Hall, 155 F Road, Loxahatchee Groves, Florida 33470. 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 l <.+ day ofDeceinber, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE %MJ AMITY BARNARD, ESQ. SPECIAL MAGISTRATE Page 2 0f2  SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA EXHIBIT G (561) 793-2418 TOVVN OF LOXAHATCHEE GROVES, FLORIDA, CASE NO. 202006122 Petitioner, ELDAD ITSKOVICH, Respondent. / ORDER ON COMPLIANCE AND GRANTING CONTINUANCE RE: Violation of SECtiOn 175—110 of the Town ULDC, Code of Ordinances of the Town of Loxahatchee Groves. LEGAL DESCRIPTION LOXAHATCHEE GROVES SW 1/4 OF TR 35 BLK E STREET ADDRESS: 1032 Hyde Park Road Loxahatchee Groves, Florida 33470 PARCEL CONTROL NUMBER: 41—41—43—17-01-535—0030 The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the I“ day Of December, 2025 regarding the above-referenced case and based on the evidence presented at that hearing, enters the following Findings of Fact and Order. FINDINGS OF FACT 1. Respondent, ELDAD ITSKOVICH, through Katie Edwards-Walpole, Esq, Counsel, petitioned and requested the hearing on December 1, 2025 before the Code Enforcement Special Magistrate on the issue of compliance only. 2. Pursuant to the plain language of Section 175-1 10 of the Town ULDC, Code of Ordinances of the Town of Loxahatchee Groves, compliance in the above—referenced matter is achieved upon issuance of the required FDA permit. Page l of2  ORDER It is the Order of the Special Magistrate that jurisdiction is rcsewad and the matter is continued until such time as a Joint Stipulated Order is prepared by the Parties and presented to the Special Magistrate. DONE AND ORDERED THIS l 3i- day of December, 2025. TOWN OF LOXAHATCHEE GROVES CODE ENFORCEMENT SPECIAL MAGISTRATE AMITY BARNKRD, ESQ. SPECIAL MAGISTRATE Page 2 of2