Special Magistrate Hearing (2024-09-18)

TOWN OF LOXAHATCHEE GROVES TOWN HALL COUNCIL CHAMBERS SPECIAL MAGISTRATE HEARING MINUTES SEPTEMBER 18,2024-9:00 A.M.-10:31 A.M.

Meeting Audio Available Upon Request in the Office of the Town Clerk

CALL TO ORDER

The meeting was called to order by Amity Barnard, Special Magistrate, at 9:04 A.M. on Wednesday, September 18, 2024

ROLL CALL

Staff Present:

- Francine L. Ramaglia, MPA, ICMA-CM, CPA, Town Manager

- Jacek Tomasik, Building Official

- Tanya Early, Esq, Town Attorney, Torcivia, Donlon, Godeau, & Rubin, P.A.

- Sammie Brown, FRA-RP, MEDP, Town Clerk Assistant

- Craig Lower, Public Works Superintendent

- John Suarez, Code Enforcement Officer

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September 18,2024 Page No.2

Town of Loxahatchee Groves Special Magistrate Hearing

PLEASE SEE THE FOLLOWING SPECIAL MAGISTRATE ORDERS

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Prepared By: Amity Barnard, Esq. Davis & Associates, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407

Returned to: Town of Loxahatc 155 F Rd Loxahatchee Grov

hee Groves es, FL 33470

SPECIAL MAGISTRATE HEARING TOWN OF LOXAHATCHEE GROVES, FLORIDA (561)793-2418

TOWN OF LOXAHATCHEE GROVES, FLORIDA,

Petitioner,

CASE NO.24060020

Respondent.

ESCUE FARMS LLC,

ORDER FINDING VIOLATION

RE: Violation of Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves.

LEGAL DESCRIPTION LOXAHATCHEE GROVES TRACT 5 BLK D

STREET ADDRESS: 1300 D Road Loxahatchee Groves, Florida 33470

FINDINGS OF FACT

The Code Enforcement Special Magistrate heard testimony at the Code Enforcement Special Magistrate Hearing held on the 18th day of September, 2024 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.

1. Respondent, ESCUE FARMS LLC, is the owner of the above-described property.

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2. Respondent was represented at the hearing by Steve Wallace, Esq., Counsel, Ryan Fowler, Tenant and Dan Pruitt, Tenant; there was also a finding of proper notice.

3. At the hearing on September 18,2024, Craig Lower,the Town's Public Works Superintendent and Francine Ramaglia, the Town Manager, testified under oath and presented documentary and photographic evidence of the violation occurring on the property. Complainant Neighbor Aileen Banky also testified under oath and presented evidence of the violation occurring on the property. The Town's documentary and photographic evidence were entered into the record as Composite Exhibit 1,which included 24 digital photographs, over objection.

CONCLUSIONS OF LAW

The above-stated facts constitute a violation of Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves.

Respondent is hereby ordered to comply with Sections 30-6 of the Code of Ordinances and Sections 20-010(G)(1) and 20-017 of the ULDC of the Code of Ordinances of the Town of Loxahatchee Groves no later than December 16, 2024. This matter is set for a Status/Fine Assessment Hearing on December 18, 2024 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 up to Two Hundred Fifty Dollars ($250.00.00) may be assessed for each day that the violation continues to exist past December 16, 2024, 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 September 18, 2024 hearing, payable within thirty (30) days of the date of this order.