All right, we're ready when you are. >> All right, good morning everyone. I'm going to call to order the town of Laxachi Grove special magistrate hearing. It is May 20th. It's 9:02. So, we can get started. My name is Amity Barnard. I'm the special magistrate for today's hearing. First thing I'm going to do is uh looks like there's at least
one person online. Do we Does the town know how many people are online? two right now. >> Two people. All right. So, the first thing I'm going to do is swear anybody in who's here to speak on any items on today's agenda. So, for those of you on the computer, uh, for those of you in the room, if you
could stand and raise your right hands if you're able. Those of you on the computer, if you could turn your screens on so that I can see you. Mr. Barrett, I can see you. There's another person next to him whose name I can't read that. >> Christina. >> Christina Hammel. >> Is that staff or is that
>> No. Hi, good morning. >> I'm an attorney, but my camera isn't working. So, I'm going to try to restart my computer and come back if you can just give me five minutes. >> That's fine. If you're an attorney, um you don't have to be technically sworn unless you're going to be providing uh
testimony, but if you want to go ahead and try and restart, I can swear you in. If you decide you want to be sworn uh when you come back, that's fine. >> Thank you. >> Thank you, ma'am. So, for those of you uh who are in the room, you're all standing. Raise your right hands for me. Do you also affirm to tell the truth, the whole truth, and nothing but the truth?
>> No. >> Thank you. >> Thank you, Mr. Barrett, as well. A little bit about process. I think all of the uh cases on today's agenda are either uh violation hearings or uh fine assessment hearings. Some of those have been continued. So, the process will be the same for both. Uh
when you hear your case called, come to the podium. For those of you who are in the room, uh that's to your left and my right. The town is sitting at the table in front of me. They will present their case first. show me any uh evidence their their case file that they want to enter into the record. Call any witnesses that they want to call. Uh
when they're finished presenting their case, it'll be your turn to present any evidence that you've brought with you. Cross-examine any witnesses that the town has put on. Uh show me anything you've brought with me and tell me anything you'd like me to hear in considering the matter. Once I've heard from both sides, I will make a final ruling and you'll get a copy of an order
that reflects that ruling in the mail. So, with that, keep in mind that all of your testimony today is given under oath. Uh and then before we jump into the cases, I did re review the uh May 13th uh hearing minutes. So I'll go ahead and sign those at the conclusion of this hearing as drafted. Uh with
that, I'll jump to the town to call it first case. >> Thank you. The um first case, this is going to be taken off the agenda. It's number two, address 1815 Kerry Lane. And we are also pulling off number 14 of 2379B Road. We will be taking that off
the agenda. >> Number 14. >> Yep. >> Thank you. >> Okay. The first item for discussion is stipulation number five. First Holiness Church of the Living God, Inc. CE 266413095
Okobee Boulevard 4141431701-6330020. ULDC 20-017 prohibited use. ULDC 20-010G1 outdoor storage. I will turn this over to John uh Suarez as the code officer. >> This is No.
>> No. This is Okachobee 1395. Take your time. Your honor, John Suarez for the town of Lockachi Groves, presenting case 2664 at 1395 Okobee Boulevard. Um, I did provide
notice of uh service at a notice of violation, notice of hearing was posted on the property March 13th, 2026. Also mailed a copy certified mail and posted here at town hall prepared to
submit it at this time. >> Okay. All right. Anything further from the town? >> Nothing further. >> All right. So, in this case, C26-64, the town has presented me with their case file, uh, which includes an affidavit of service, uh, indicating that the
property was posted for today's hearing and also a signed settlement agreement uh, that is dated May 20th and has been signed by the respondent as well as the town. So I will um having found legally
sufficient service we can proceed and I will sign an order that acknowledges and accepts the stipulation uh/settlement agreement and the parties to comply with the terms and Mr. Can I keep this copy? Thank you. All right. Next case.
Next case is uh number six. Case number C26-03-79. Ryan Gregory and Kathleen Lierman. Address 777 Rackley Road 41414317016450080. Violation uh uldc 20-101 G1 outdoor
storagec05-040 permit required expiration of permits and development ordersc 20-010 G3E commercial vehicles trailers 45-10B duty to maintain property
20-010 G3 equipment screening 20-010 G3E general provisions 20-10 G2A A through B outdoor storage ULDC 20-017 prohibited use believe there is a stipulation. I will turn this matter
over to John Suarez as the code officer. >> John Suarez go comply officer for the town of Logy Groves have an affidavit of service. I posted the notice of hearing notice of violation on the property of March 13th 2026. I mailed the copy certified and posted
here at town hall on the same date. Have a signed stipulation in order. I've been in constant contact with the property owner. We have came to a mutual agreement. Going to submit at this time. Thank you. And it looks like you got a signed certified mail back as well on service.
>> Correct. or anything further from the town. >> Nothing further. >> All right. In case and the respondent's not present, right? That's correct. >> All right. In case uh CE26-03-79, the respondents not present. Uh based on the documents in the case file, which
include an app posting as well as a signed certified mail, the town had good service to proceed with this morning's hearing. The town has presented me with a settlement agreement that's been signed by a respondent in the town. So I will uh sign an order that acknowledges
and accepts the stipul or the settlement agreement rather and requires the respondent to comply with the terms. All right, next one. Next case is number 11. Dustin and Jamie Erle. Case number CE 26-4913313
Bryant Road. CCN number 41414317016120030. Violation section Florida building code 105.1. Building permit required. Code of ordinance 22-135A. Business tax receipt 20-010 G3E
commercial vehicle trailers 20-010 G3 equipment screening outdoor storage 175-170 general inspections 175-110 permits required 20-0G1 outdoor storage ULDC05040
permits required expiration of permits and development ordersc 20-017 prohibited use code of ordinance 18-21A A1-2 tree vegetation removal 175-240 violations. >> If if we could also read the next case
in they are uh the same owner and they are represented by Mr. Baird. Um there are pending stipulations with respect to to both of them in which the owner will acknowledge um the existence of the the violations and we will give them 180
days to comply. Um I think Mr. bear will be Bar will stipulate to service um and advise your honor that his client is anticipated to sign those later today. Um upon receipt of them, we would
present them uh to you. Um and that's the anticipation with respect to both of these cases. >> Okay. So, yeah, go ahead and read the second one. >> Next one is case number C26-56. No address. PCN number 4141-431701
6130020. Violation Florida Building Code 105.1. Building permit required. ULDC 175-170. General Inspections Code of Ordinance 30-4. Nuisance accumulation of trash, junk, or debris. ULDC 20-01G1
outdoor storage. ULDC050408. Permits required. Expiration of permits and development orders. ULDC 175110. Permits required. ULDC 20-017 prohibited use and ulc 175-240 violations.
>> So I think Mr. Barrett is online uh and can confirm um that his client is going to sign the stipulation and that would be forwarded to you um upon its receipt. >> All right, Mr. B, can you hear us? Is that accurate?
>> Yes, I can, your honor. Good morning everyone. Uh my client is out of town. He has indicated that he will enter into both of these stipulations. Um he did not have access to
whatever he needed to have access to to sign them where he is. So he will either sign them today or I will sign them on his behalf. uh assuming he authorizes that and we will return them to the town today.
>> Okay. So, a little unique. What What do the parties want me to do? Just issue a standard order but that it's that states that the document must be returned today or it is null and void. is that >> um
uh I don't want to make any limitations on that but returned by the within the uh by Friday um uh so that it can be um put to you otherwise uh the matter would be continued until
your next proceeding um but uh um the stipulation the terms of the stipulation uh would probably be more oppressive on our end um if they don't get them signed in the next two days. >> Okay. Does is there a case file for
these cases >> and and I think Mr. Beard will stipulate to service on these matters on behalf of his client. >> Yes, that's correct. >> And these were these were continued at the last hearing. Isn't that right? So, Mr. Bear, you have
actual service as well, don't you? Yeah. Okay. Yeah, the at the last hearing one of the >> Well, >> yes, we're stipulating the service of both cases. I am
>> okay. Thank you, sir. >> All right. So, there's no the settlement agreement is not in here. No. Okay. So, >> we can produce a copy of it if you would like to see it. Correct.
>> Yeah. Let's If you're asking for an order that accepts it and acknowledges it, I think I need to at least have a copy of them. So, if those could be printed quickly. >> Yeah. Quickly. >> Okay. Thank you. And then I guess while while Mr. Suarez is getting those, so as a procedural
matter, do you want Mr. Bear to send this sign his client signature to you? You'll execute and they'll send me a fully executed copy to attach to my orders on signing the orders until I have that copy. >> Yes. >> Okay. Is that okay with you, Mr. Bear? Does that work? >> Yes.
>> Yeah. Okay. and Mr. Bear, you don't have any objection to me signing uh an order that is going to be based on sign documents that come after the hearing. Is that correct? >> Correct. >> Thank you.
And does the town need the evidentiary case files entered or does the settlement agreement deal with that? >> The settlement agreement I think deals with that. >> Okay. >> The case files entered. All right. Thank you for printing that quickly.
All right. So, Mr. Barrett, I've looked over Mr. Suarez handed me both settlement agreements. I've looked over both. So, uh I'll proceed uh in both matters the way we've discussed. uh I'll allow you the opportunity to have your client sign or have him uh give you authority to sign
these settlement agreements and get them to back to the town as quickly as you can and I will uh hold off on signing my orders which acknowledge uh and accept those and require your respondent to comply with the terms uh until such time as I get a fully executed copy of the settlement agreement in both cases.
>> Thank you. >> Anything further? >> Thank you. Anything further from you, Mr. B? >> No, thank you. Anything further from the town? >> No. >> All right. Just so the record is clear, uh, in case CE-26-49,
Mr. Baird has, uh, stipulated service in this matter. Uh, I've reviewed the settlement agreement provided by the town and I will, uh, sign an order that accepts and acknowledges a settlement agreement as soon as I have a fully executed copy of said agreement. Uh, same thing in case CE26-56.
Mr. Barrett again stipulated to service. I've reviewed the settlement agreement. I will sign an order that acknowledges and accepts the settlement agreement and requires respondent to comply with its terms as soon as I have a fully executed copy of that agreement. Thank you, Mr. Baird. >> Thank you. May I be excused?
>> Yes, sir. >> Thank you. >> You goodbye, everyone. >> Bye, Tom. >> Next item, number seven. Case number SE 26-47 SR O K136 LLC
13640 Okachobee Boulevard PCN number 41414317 0151020 violation section Florida building code 105.5 building code expired Florida building code 105.1 building permit
required 20-10G1 outdoor storagec40 permits required Expiration of permits development orders ULDC 20-017 prohibited use. I will turn this matter over to the code officer, John Suarez.
For the record, John Suarez, code compliance officer for the town of Lockaji Groves, presented case C2647. Um, notice the order granting continuence and resetting violation was served to the respondent via email April 7, 2026. So, I also posted on the
property, April 7, 2026. And I also posted it here at town hall and mailed it certified. Same date, >> your honor. This is a property use violation. >> Construction company.
>> Going to the mic. Sounding. There you go. >> Okay. Himml Construction is a construction company. They have built a structure with offices, even a kitchenet. They've had outdoor storage even though the property has not
been in use. There was storage of drainage material. As far as other uh construction material, they had a mound of dirt that appeared to be a like a transfer station for dirt.
And there is no zoning approval for the building which was built as a barn even though it is not a barn in looks or as far as working function the interior with the kitchenet and offices and even
they have a through a two door through from the front to the back. So does not appear to be a barn. So they cleared up a lot of the outdoor storage. They even had a boat on a trailer even though the building wasn't being used. There's no residence on the
property. This is own agricultural residential. The property remains vacant at this time. They removed the storage. They removed most of the dirt, although there still remains a couple piles of sheetrock. It appears and there are
cattle on the property, but there are no hands on the property. So, the town It's our it's it's just not a barn. So, it's a prohibited use at this time >> and it has not received zoning approval
from us. >> The building is a prohibited use or what they're doing out of the building is a prohibited use. >> The building as it stands, the own the use wouldn't be agricultural in nature. It was built as an office building. It appears they were it would be an office
from their construction company. I have pictures of it. I'm prepared to submit the full caseholder. >> Okay. >> Good morning, your honor. This is >> I just wanted to >> Hi. Sorry. I just wanted to make sure that I made my appearance. Christina
Himmel on behalf of SR K136 LLC. >> Thank you. Spell your last name for me, ma'am. >> H I M M E L >> and you're counsel. >> I am counsel. >> Okay. Thank you.
All right. Let me take a look at the case file here. Your honor, I would just like to put on the record that this is actually the first time that I have heard the town of Lockahhatchee Grove's position on what violations are
occurring on this property. And so the notice of violation does not actually say any of the things that I just heard. The notice was issued on February 11th, 2026, and now it's May 20th, 2026. And this is
the first time that I've heard the town of Lockxahhatchee groves position. I respectfully disagree with the town of Lockxahhatche Groves position on everything that was just said, but I would like it to be known that there's nothing in the notice of violation that
contains any of the things that were just mentioned. All right, let me look through the documents and then I'll come back to you. So, this was continued at the April hearing and it it indicates that it was a mutually agreed continuence. Who
agreed from the respondent side to the continuence? Was that not you, Miss Himmel? >> Yes, I agreed to the continuence. >> Okay. Then be careful telling me that you got a notice in February or something and now here we are in May. If you agreed to a continuence at the last hearing. >> No, my my position is different. My
position is that I received the notice of violation. The notice of violation is four pages and it cites to five different sections or purports to site to five different sections. Two of the sites to the Florida Building Code do not appear to be actual verbatim
references to the Florida Building Code. So, I'm not sure on those. But the notice of violation does not actually set forth any violations. It just cites two code sections without explaining what the violations are nor how to cure said violations. So yesterday I received
a packet from the town of Lockxahhatche Groves which was the first time that I received photos and things like that. I received two different PDF documents. One of them is 40 pages. One of them is 57 pages. I'm not sure if that is the same subset of documents that you are
being presented with now. I would like to get that on the record. >> So, this is my pet peeve with virtual appearance. So, um, who requested your appearance virtually? Did you request that? >> I did, your honor. I'm actually located in Miami, but I thought that Zoom was an
option because the last time that I received notice, I was told that I could appear via Zoom. So if this is something that I need to be in person for, I'm happy to do so. If you would like to continue this, >> you can you can request virtual
appearance, but then it's difficult for me when you're now objecting to and you know presenting some doubt as to whether or not you're looking at the same documents that I am when you requested not to appear in person. So uh that's difficult for me. I presume and I'll ask Mr. Suarez, was the entire case file
sent to respondents council yesterday? >> Yes, ma'am it was. >> Okay. So you I defer to the town on whether they allow you to appear. Uh it does present some challenges. Um but that said, you you you can't have it both ways. If if you request to appear
virtually, then you can't object to me that you uh don't think you have the documents that the you ask the town to send you in advance of the hearing. And as you know, if if if you do a lot of code enforcement work, the town doesn't have an obligation to send you documents prior to a hearing. That's what this hearing is for. So, they have to notify you and they have to give you legal
service under chapter 162, but they do not have to present you with the case file in advance of the hearing. That's today is for um as you've heard if you were listening, we haven't had a case actually um presented that wasn't a settlement agreement, but that's step one in any of these hearings when it when it becomes
time for the respondents to be heard. Uh that's the first thing I ask is that the code enforcement officer show the respondent the uh case file and look through the documents in that case file um so that we're all on the same page as as it relates to documents. So um Mr. Suarez has indicated that he sent to you
the entire case file. So uh his testimony is sworn. I'm going to trust that that's accurate. So uh from your chair you can you can be confident that you're looking at the same documents that I'm looking at here this morning. So let me ask the town a few questions and then I'll come back to you.
>> Okay. So, Mr. Suarez, you cited them for no permit. There's no permit for the building. Is that accurate? So, on um the town, we'll remove Florida building code 1055,
which is expired permit and 1051. There is they went through the county for the process, but not for zoning. I I can expand on on that a little bit if you like, your honor. >> Yeah, please. >> So, it's a bit of a unique situation.
Um, the building was permitted structurally through the Palm Beach Palm Beach County building a permit. Everything on the building permit applications references this being a barn. Uh, correspondence uh talking on the phone with the respondent, not Miss
Everything referenced a barn. Um, on the permit application, it's a barn. Everything says it's barn. When you start digging into the actual permit itself, there's nothing in that permit that references that looks or feels or smells like a barn. The only thing about
that building that has anything to do with barn is the word barn. Uh there's offices. Um, in fact, they've even got a huge backflow pretor on the fire line because if it's a commercial structure used for offices and or construction
equipment, you you would need that by code. So, we're we're in a somewhat of a a predicament. The building technically meets Florida building code as approved as a what it's approved for. It's not a barn. It's a office with a service bay
uh area in there. Um, however, with that permit approval, it never went through zoning approval. So, we're stuck here right now. We don't, it has not been used to our knowledge, um, as its intended purpose, but we just want to make sure, you know, it's built as an
office. It's got everything that an office would have, but the use of an office in that area is not permitted. Uh, so it's just a bit of anomaly that this whole thing gets built as a barn, gets approved as a barn. It's not a barn. Um, but it hasn't ever gone
through zoning approval. If this went through zoning approval, it would have been notified that it's it's >> not permitted. >> Connect the dots for me a little bit. I don't mean to interrupt you, but connect the dots for me. Is why is the county issuing a permit on this building? Is this in Lockachi Groves or is >> it's in Lockach Groves, but uh the county did process lock Groves permits
for quite some time once the town got once the town incorporated. So, it's an old permit. >> It's it's an old permit, but we did sub out to P County uh plans and building department the review process for building permits uh for several years
while once the town was incorporated and also some of the older permits that were opened under Palm Beach County jurisdiction were carried through once incorporated. >> Is the permit in here? >> Um it should be >> or the barn. Like I said, on the last
page is where the um it shows the interior drawing. Um the last page on the right hand side, what's the date of the permit from the county? >> The building doesn't look very old is why I'm asking. So, >> no, it it's it's not very old. Um get
the get the dates. I'll get the And let me make sure I understand what you said. They got a permit from the county or the town subcontracted the county to review permits and the county signed off on a Lockxahhatche Groves permit. >> The county reviewed and signed off on a Lockxahhatche Groves building permit. It
gave building permit approval. No zoning approval. >> Okay. So, so like I said, it's a bit of a interesting situation. As the building sits right now, it looks like it has all the required
permits. However, how it sits right now, its intended use is illegal. So, it's a building that cannot be legally be used. If they want on the record say they acknowledge that, that's all we can do here today. But because this is a very peculiar
situation, we just wanted to bring it to a head so there's no misunderstanding as to what they intend to do out there. They cannot utilize that building for its intended purpose as offices and a construction, you know, construction
office. So, the application date was October of 2021 and the county issued it in July of 2022. And the description is pre-manufactured metal building for barn.
Okay. So the town, Mr. Sarz, you said you're taking off the the building permit code sections. Is that what I heard or is that incorrect? >> That is correct. The Florida building code 1055 and Florida building code 1051.
>> All right. So the permit is not at issue. There is a permit. The use and operation of the building is what's at issue. Is that >> correct? >> All right. in the outdoor storage. Let's just takeick let's takeick off the rest of these before we get to what's what's 05-040
permits. Is that >> that could be removed? That's a work without permit as well. >> All right. So, the only things outstanding are the outdoor storage and the prohibited use. >> So, the outdoor storage, they did remove most of the storage, including the boat-
on trailer. The only thing that remains is the pile of sheetrock and and some dirt. So they did not fully comply with that section yet there. >> They're not fully complied. That should be removed.
>> Okay. >> All right. And explain to me the prohibited use. >> So I understand the building and it's an office, not a barn. I get all that. But what what did you observe? So this morning when I took pictures at
the property, I did witness two employees that went in there. I said good morning to them. They didn't tell me what they were doing there. It appears they were picking up equipment. So the use itself, they're a construction business. So it's intended use appears to be a middle area of the
county where they would store material for their for their construction business and go around the county. You can it's clear from the pictures of all those drainage pipes and construction material that was on the property of its intended use and that would be
incidental to the use that they intended for the building. Nothing barn only for their business which is prohibited. So, what evidence do you have that there's a business operating there? Other than you saw some guys this morning, what did you see prior to
issuing your notice of violation? >> Um, I was It's two of the two together. It's they have a sign that says Himl Construction. Himble Construction has a construction business. the material on site appears to coincide with the construction business
and and I'll help elaborate and then the structure itself as it's permitted is specifically for a construction business. So in the totality of the circumstances when you put it all together we we we we have an issue. Now did we see construction 24/7 like some
other issues? No we didn't. However, we are concerned that they intend to probably or they they may intend to use this as construction. Now, if they want to acknowledge that they will not use the building for its intended purpose, I
think the town would be fine with that and moving on. We just don't want this. We don't want them to think that, hey, we spent all this money on this commercial building to run our operation. We're going to go ahead and run the operation. The operation is not allowed to run. And it's so it's it's a weird situation
that we're in. I didn't do it. And that's kind of why we've brought this here today cuz you know from staff level we we are somewhat unsure but we do want on the record that the use that the building was built for is not allowed. Uh and we don't want in no known circumst
this this this structure now I can operate my business. No, that's not the case. Um they keep referring to it as barn. So there's just there's a lot of discrepancies. Uh the one thing that is not in issue is that that use that it's intended for is not allowed.
>> Just wanted to re reiterate zoning. It's agricultural residential and the property use code is at classification drag soil. So yes, they have some cows grazing in the property. >> All right. Uh Miss Simmo, let me hear from you now.
>> Hi, good morning. So, first off, it's our position that this is a barn. It was constructed as a barn. It was constructed in accordance with the permits that were issued by Palm Beach County, which also received zoning approval from the town of Lockxahhatche
Grove. So, I disagree with the position that it didn't go through the zoning appro approvals because it did go through the zoning approvals and it was approved as a barn and the PDF documents contain references to things like office. It says here, I'm looking at a
project summary, new metal barn office. So, there was always this understanding that it was going to be built with some office space. Now, this is not something where, you know, there it's a new metal barn and and so that's nothing new. The
fact that it has office space does not actually do anything to help that it's not being used for a permitted use. It is being used for a permitted use. It was built as a barn. It's used as a barn. It's used in connection with
cattle operation. And so the suggestion, which is all I've heard, is really a suggestion that you put two and two together, is not evidence that this is not being used as a permitted use. It absolutely is being used as a permitted
use. And I've heard and seen nothing to the contrary. So, you know, the the barn was built with permits, so those are no longer at issue. It's being used as a barn, and it's part of a a cattle operation. There are cattle on the
property. There's also other properties that include other cattle that are part of this operation. And so, it is a barn. It's being used as a barn. This is actually the same exact structure that Red Barn has a few doors down. It's just
that Red Barn is red and this building is not red, but it's absolutely the same exact structure as the one that's located only a few properties down. So, I don't see and I haven't heard any evidence to indicate that this building
is not being used for a permitted use. >> Your honor, I think that kind of answers the town's question. And I'll just confer with the town attorney if if they want to stipulate on the record that it's only been used as a barn and they know it's only going to be used as a
barn and a barn is a permitted use. I think the town is fine with that. We were just on the hospicees based upon everything we've seen permitwise the building of that size and magnitude and potential cost. It didn't indicate that that's a bond. But if they want to say they've been it's it's approved as a
bond, it's used as a bond, it's a cattle operation, I think we're fine moving forward just closing closing the case. If they if they know that it's going to be used only for permitted uses, I think that's fine. We were really concerned that it was not going to and would
expand to their construction business and that's what we've looked at. Now they're saying it's not it's never going to be used for that. Then I think we're fine. I can, you know, I'll have the town attorney chime me in on that. But essentially all all we wanted um you know they say you're going to comply with a permitted use that's great a
permitted use is not a construction office and then I think we can move forward on that and that's why this was a difficult situational and interesting one because everything pointed to that use they're saying they're not doing it she's an attorney I trust her and then we we move on and if they do then tomorrow decide to pull their heavy
equipment in there we'll bring it back again and then we can say well they said they never use it like this and now they have it ready and they can't claim they No. So, Jeff, I I don't know if you want to chime in, but that's I can I can concur with uh with what Mr. Bley said,
but um the one concern that I do have is the attorney's representation that it's just like Red Barn. Red Barn happens to be a commercial retail um operation. There is no farm operation at the the Red Barn that you're referring to. Um,
so, uh, well, I think what you're indicating is it's similar to the storage area that's associated with the commercial operation on site. Um, just, uh, don't think that you can operate as Red Barn is operating because that's in
commercial operation. >> I meant just that the structure itself was the same structure. >> So, what about the sign in the on the property that says SIML construction? that is just on notice to make sure that people don't go on the property. But
there's also been additional signs that say Himl Cattle Company, which is the one of the cattle company. So that is really just put there to put people on notice not to trespass, not because it is, you know, signifying that this is him construction's operation or anything
like that. >> Is it the town's position that the sign needs to come down? Um I'm >> or does the town have a position? >> I'm not sure. Uh because I don't know whether that sign is permitted or
whether it was there as a construction sign during the the time period of construction. Um signage is an issue that we are looking at with respect to um to that property and I don't know that the code enforcement and building
folks have made a final determination on that issue. I I should note that Himml Construction was Sorry, can you hear me? >> Yeah, ma'am. Go ahead. >> I should note that Himml Construction was the general contractor that oversaw the construction of the barn. So that
that >> So if that was the purpose of the sign, it should be removed now that the CO has beened to it. >> Did you hear that, Miss Himmel? >> Yes, I heard. Okay. >> So, what do the parties want from the
magistrate this morning then? I think I think we just want an acknowledgement and I think we we got it on the record that that it's going to be used for the approved uses that currently exist in the AR zoning which is agriculture you know cattle watch prescribed and not a
himl construction office or any other construction office or anything like that and also just you know did state that receive zoning approval no zoning approval has been granted for this the zoning's AR and that's just what it's going to be used for so just a stipulation that that's what it's used
for and it's continue being used for that. That's that's all we need. I don't even think we need an order in this case. This was something we just had to bring to the attention so that everyone understood uh where we were moving forward. Well, it may be that the appropriate order is that um you find
that the violation doesn't exist because of the representations that it is operating as um an agricultural use and as a barn at this point in time for their cattle operation. >> And so the town's position is the outdoor storage can continue to stay
there or cannot. No, the C the um the outdoor storage uh needs to be removed. Um what's a reasonable amount of time? 10 days for that, John? >> Yes, 10 days to remove the sheetrock and
a remaining pile of uh fill. >> So that's all that's left is there's one pile of fill material and then sheetrock. >> Correct. >> A lot of sheetrock or a little bit? >> Two piles. at least one pile of sheetrock. I'm not sure what the other pile is, but I feel
it's a it was attributed to their business as well. >> Miss Simmel, do you understand what Mr. Suarez is referring to? >> Um, I don't. On the sheetrock on the fill, I know that is being used in connection with the cattle operation.
It's being used for the pasture. So, for that, I think that is being used and should be gone. Mr. Suarez, where is the sheetrock? >> It's um to the right of the barn. If you've if you've seen the pile of fill,
it's to the east of it, right by the entry gate. You can see it from the public right away by the entrance. >> Do you have that in your photographs? >> I believe so. I just want her to be
totally clear about what needs to get removed and by when she needs to remove it. >> I could show you online, but do you want the photograph? >> Well, >> oh, she if she has the case file, then she has the photographs, too, right? So, if you can just point both of us to the correct photograph.
>> Uh, I would have to see the case folder. I'm sorry. >> That's okay. You come up here. this this morning. She may not have this portal. >> Oh, you're talking about piles of sheetrock. >> Yes. >> Okay. I was thinking like sheets of
sheetrock. >> So, Miss Himmel, what he's talking about, he has photographs. He went out back out to your site this morning, but there are two piles. What side of the property is this on, Mr. Suarez? >> On the eastern side. >> They're they're piles of of sheetrock.
Not not um drywall sheets is what where my mind went. But are you do you understand what those are, ma'am? >> I do not. But I'm happy to look at the photos and and address the concerns. I don't think it should be an issue.
>> Okay. They don't look like huge piles. Um, how much time, Mr. Suarez? >> 10 days. >> To give her >> Can you get the the outdoor storage removed in 10 days? >> I mean, I would have to talk to my client, but I have no reason to think
that that can't be removed. So, all right, Mr. Suarez, what fine amount in the event of non-compliance? >> $250 daily fine amount. And you have administrative costs in this case file. >> Yes, I do. $49.66.
>> All right. So, Miss Himl, uh, a procedural matter. Do you have any objection to the case file being entered into the record that you were provided by Mr. Suarez yesterday? It also includes, uh, a couple of photos that he took this morning of the property. I do have evidentiary objections to the
photographs and your objection >> and to some of the other documents just that it's a it's an incomplete file in the sense that there are various miscellaneous documents that appear to be part of the public record with
respect to the construction of the barn. And there are also photographs that um actually occur subsequent to the initial notice of violation. So I think that from that perspective those photographs are irrelevant to the
initial notice of violation and those should not be considered. But overall, I think that this is an incomplete um an incomplete record of of this land of >> record of of this
>> property. >> All right. Anything further that you'd like me to hear, Miss Siml? >> Not at this time. The next hearing for fine assessment hearing is the town targeting the June 9th hearing.
Okay. All right. Anything else from the town? >> Nothing further further. I just uh sent the the photos from this morning to our email. >> Okay. Miss Mr. Suarez is telling me that he just emailed you the photographs that he took this morning that are in the case file to you.
>> Okay. I have not received it yet, but it's probably just an email lag. >> Yes. Going through whatever a firewall is. All right. Anything else? Nothing further, Mr. Suarez. >> Nothing further. >> All right. In case CE 27, excuse me,
26-47, I'm going to enter the town's evidentiary case file over uh the objection of respondents council. I'm going to find based on the affidavit of posting as well as the USPS uh
tracking confirmation for the certified mail that the town had good service for this morning's hearing. I'm going to find based on the testimony that I've heard from all uh parties this morning, including respondents council, that there is no violation of section 20-017.
As the testimony of respondents council is that the uh structure on the site is being used as a barn and not a uh not for purposes of operating their construction business. I will however find that there is a violation of section 20-010G1
for the outdoor storage uh that has been partially complied but not fully complied based on the testimony of Mr. Suarez. I will give respondents uh 10 days. I'll require you to comply on or before June 1st uh with that code section. Uh in the event of non-compliance, you'll come back to me
on June 9th for fine assessment hearing and I will impose a $250 a day fine for each day that the violation continues thereafter. So, as soon as you have uh the outdoor storage items that remain on the property uh based on Mr. Suarez's testimony as soon as you have those complied, call Mr. Suarez so he can come
out and do a reinspection, uh make sure that you get an affidavit of compliance before June 1st or uh I will set a fine at the June 9th fine hearing. Because I have found you in violation of that code section, I will assess the town's administrative costs for today's hearing in the amount of 40966
and those are payable within 30 days. and you'll get a copy of an order that reflects that in the mail. Okay. >> Yes. >> Thank you, ma'am. >> Thank you. Can I be excused? >> Yes, ma'am. >> Okay. Thank you. >> All right. Next case.
>> Next item is number one. Case number C E26-59 address vacant lot PCN number 4141431701213 0070 violation section ULDC 20-010G3 equipment rating 20-0G3F
inactive vehicles equipment code of ordinance 30-4 nuisance 20-010G1 outdoor storage ULDC05040 permits required expiration of permits and development orders ULDC2-020 prohibited use 50-01582
visual discretion distractions or eyes Florida building code 105.1 building permits required 45-0B duty to maintain property 45-0 property maintenance
50-015 A1 visual distractions or eyesaws I will turn this matter over to the code enforcement officer Deanna Thomas >> officer Deanna Thomas town of locks ahead Groves I'm representing case number C26-59
the notice of violation notice of hearing um was served on the respondent on April 22nd 2026. Um, I do have postings of the uh notice of violation, notice of
hearing on the property. I do have an affidavit of service. The green card did not come back um to us yet. Um there is a representative here from the family. Um and he will provide his testimony
after hours. >> So, let me just stop you right there. When you say served on the respondent, what what do you mean? um posted on the property. >> Okay. I just want to make sure if you was I thought you were getting to hand delivery, but you just mean you posted. Okay. >> Yes, ma'am. >> Go ahead. Thank you. >> You're welcome.
So, the notice of violation, notice of hearing was uh written and dated on 420 2026. the violations that exist on the property. Um, if I could have it pulled up the
it's it's a vacant lot. There's no address. However, the PCN number is 41414317 012130070 in order to pull it up on the overhead. So again, this is a vacant lot. >> Well, hold on. >> Uhhuh.
>> That's a vacant lot that's highlighted. >> Yes, ma'am. As the property appraiser record shows. Yes. >> Okay. So, it has a the classification of vacant. The use classification is vacant. >> Not the use itself. >> Right. >> Like, wait a minute. Yeah.
>> Um the violations that are on the property um you know there's there's equipment screening, there's um derelict, boats, vehicles.
Um there is a pole barn on site. Um there is no permit for that pole barn. I do have records in the case file where I did search the county records because this property has been owned for the for quite some time by the property owner,
Miss Ada Cordderero. Um, there is currently machinery equipment of some sort stored under that barn or pole barn. Um, there's
a portaotti on the lot. Uh, all that needs to be removed. It needs to go. Um, now I did get a phone call from one of the family members. His
name is David. He is here today. Um, he is working on getting this property cleaned up. I did attempt to go to the house yesterday and speak with Miss Cordderero.
um as we were going to sign a stipulated agreement. However, she did not have an ID. All she had was a social security card and we could not notoriize on a social security card. So, I could not proceed with the stipulated agreement. I
did speak to David and explain that, you know, we would seek um a reasonable amount of time. the town is willing to um go four months comply by September
21st 26 um and we can do for bringing the property into compliance. We do are also requesting admin costs in the amount of 40966
for this case and I do have the case file to present to you but I would like to show it to David as well. >> All right. And if he doesn't comply by the date specified, what fine amount are you seeking? >> Uh $250 per day per fine
>> or per day per violation, I'm sorry. >> And what uh fine assessment date would you have him back at? Uh let me look if 9:21 921 >> you can come to the podium sir. Is that you? Okay great.
>> So I would like to do the fine assessment hearing for um October 6th to keep it in line with your schedule. >> Okay. >> All right. What's your name, sir? >> David Cordio. And your relation?
>> My grandmother. >> Okay. Your grandson. >> And she knows you're here? >> Yes. Well, I told her, but she doesn't really remember much after a certain like month. You know, >> Miss uh Thomas is going to show you the
case file that the town would like me to look at. She's going to show it to you first and show you the documents that are in there. And I'm going to ask you at the end if you have any objection to those documents. Okay? So, take as much time as you need to look at them. I can I can apply for the pullb barn because that pullb barn has been there
for over 25 years. >> So we we can get into all of that what you can do to come into compliance. Just take a look at the documents and and let me know if you have any objection to those doc to me looking at those documents and to me entering those documents and then we can talk about how you get into compliance. Everything on the yard is getting cleared out. >> Okay.
>> Clearing everything out. So, I mean, I'm a oneman army. My brother's just had a newborn baby last week and he lives in Port St. Lucy, so he has his family to tend to. >> Okay. >> Oldest brother lives in Tennessee. He's a nurse. He's actually coming into town. He said going to school, but he said
he's going to stop going to school to come home for a little bit cuz I got another house as well in West Palm on Congress by Donald Trump's golf course that I tend to and help my mother as well, which is my mom's about 65 years old. She can't work at all. So, I'm
basically the man of both houses. >> Okay. >> So, um I've been cleaning the property out. I got some equipment getting sold, getting removed out of the property. And um so it's just going to take a little more time for me to get everything all
together by myself. And with that being said, as well, my dad is um sick as well. He was the one tending to my grandma. >> Okay. >> And as well as my uncle, he's my grandma's son as well. And um they're they're all sick. They're all in the hospital. They all can't get out to bed.
They all have diapers on. >> Okay. Um, so, >> um, >> so let me see that case file, Miss Thomas, if I could. >> My dad's actually sick right now. He's actually in the hospital. He just had a third seizure in the past two weeks, um, this month. >> Thank you.
>> Um, he's not doing well at all either. So, with that, I wouldn't be surprised if I lose my dad in the next month or so, you know. So, >> so how much stuff is realistically left there? I mean there looks like is all
the stuff that's on that aerial is all that stuff still there? >> My dad these this is all I put everything out of here. This is nothing. None of this is there anymore. It's just some old grills we had from like back in the days we ovened we baked P.
>> So you made some progress is what? >> Yes, I made progress. I've removed this RV on the side of the house. I moved to the back but someone's coming to pick that up this week hopefully. >> Okay. >> The boats I they're all scattered all over the yard. I put them in one area over here in this area right here.
That's I have to strip the boats apart because they have motors and stuff in them. I don't want to just bring them to the dump cuz they're going to charge me an arm and a leg. >> Yeah. Okay. >> Do me a favor. Go back to the microphone just so that everybody can hear you on the recording. >> Go. >> So, the town is telling me they're going to they're willing to give you four
months to do that. >> Okay. Um I don't see no problem with that. Um what if it would took what if it took a little longer? So, >> what I can do is I can set you for a status/fine assessment hearing on on October 6th. So, what that means is
you'll come back to me on October 6th. And if you're not all the way done, and you come to me and you tell me what you've done from today until October 6th, and you show me that you've made progress, >> it'll be most all done by October 6th. >> So, do your best to get complied by the date that I'm going to give you, which is September 21st. But you can you have an opportunity to come back to me and if
something's happened and you've had unexplained circumstances that have made you be delayed in any regard with getting some of this stuff done, you can come back to me at that hearing. And if if the facts justify me giving you more time, I I'm happy to do that. >> But what I need to see is I need to see progress between
day property. Even if you can't really tell, I knock trees down by myself. You know, I drag them out to the front. I have a dumpster as well. So the process a little faster than the grapple truck coming around for the trash. I usually have my own dump trailer. bring it to the S swa. >> Okay. >> So,
>> so this stuff is easy. The the nuisance I mean it all goes away as you remove the things the the eye source. The trickier one is the barn the pole barn structure. So, what are his options on that? It's get it permitted or remove it. >> Correct. >> Correct. Yeah.
>> Okay. >> I don't want to remove it because it's a sentimental thing with the family. It's been like I said been there for 20 over 25 years. It was before um my grandma just built that new roof. That's a brand new roof. >> Is it just a pole barn? It's just a roof and then poles. >> Okay.
>> You can see that in the pictures. >> Yeah. Thank you. >> Um it used to be Pong Pong's roof, you know, like a tiki bar hut, but she just did the roof and that's a brand new. So whatever I have to do to get whatever I have to pay to get it, you know,
permitted and everything like that, I'd be definitely willing to do that. Yeah, that's going to be the one. Moving the stuff is easier. And I know it takes time to move boats and and do all of that. But the pole barn, if you want to keep the pole bar, you need to come talk to somebody at the town and you need to
start the process of applying for a permit because that's that does take a little bit of time. Four months should be plenty of time, but I don't know what you're going to need in the way of engineering. Uh the goal with permitting is make sure it doesn't blow away in a hurricane, right? Blow into your neighbor's yard or your neighbor's house or whatever. So, um you'll have to go through that process. I don't know
exactly what will be required there given the kind of structure, but that will take a little bit of time. So, I would encourage you to start that sooner rather than later. Yeah. Don't wait until August 28th to start that because it'll take you some weeks to get that done.
>> And is that the equipment screening goes away once the stuff is removed? >> Yes, ma'am. >> Okay. >> I actually have my my grandmother's um cast if that helps. >> What happened? You have what? >> My grand she couldn't find my grandma's
ID yesterday, but I have I found her passport. >> That's okay. So, what they they couldn't notoriize a signature without ID. So, you don't need that today. I'm going to issue an order that's going to make you give you the same dates that were in the stipulation is what I think the town is asking me. Is that correct? >> Well, in the stipulation, if the
stipulation had been signed, it would have been six months. >> Okay. um which actually would have made the date November 17th but without the stip and that's fine and I'll give him status fine so he he can have an opportunity to
come back to me later >> okay >> so I don't think you don't need the passport right that was for purposes of notary >> so make sure that gets back to your grandma >> all right prohibited use is just the operation of the site since it's vacant
so once the stuff is all cleared >> it's Good to Yeah. >> Okay. The pole barn doesn't affect that. >> Yeah. >> I don't Yeah. I don't know because of the the way the use is listed on the
property appraiser site is considered vacant. I don't know if he's actually going to be able to get a permit >> for that structure. there will be options um available to
them including uh unifying title on the property if they want to >> I was going to say that would the whole thing >> reduce the deformity and all those other kind of things >> um but they haven't had an opportunity well they they have not availed themselves of an opportunity to sit down
with our um planning staff to figure out how they can come into compliance. >> Okay. So I just want you to understand I just I'm trying to make sure he understands that the pull barn is not just a permitted issue. So, what the town is saying is that that parcel that you see highlighted there because it your grandma's house is to the right, right?
>> She she bought she extended the property and bought it. That's actually my dad's prop like side of the property. That the house part is my uncle's property, >> but I'm actually going to be on getting on the wheel next month. I'm meeting with the lawyer and everything. So, I'll be on the wheels. It will be my property
as well. So, >> yeah. So, what they're saying is that the the use classification for that property there where the pole barn is is vacant. So, there can't be anything on it. But what the town attorney is saying is that you may not be able to keep that pole barn. You may have to combine the sites so that the site is part of the
main house to have the pole barn remain. >> That's right. But you'll need to deal with that with the town separately. But get that's another reason to get your permit application in as quickly as you can because those discussions will happen as part of that. But I don't want you to leave here today with an understanding that you can keep that pole barn regardless. I don't know
whether that's what you can do because of the way that the property is classified. So get the permit application in and you can have those discussions with the town in terms of them helping you figure out a solution that that uh makes you compliant with the code and also tries to preserve what you want to have happen. Okay. >> Yes, sir.
>> And and and the town, you know, appreciates the efforts. Obviously, there's some illnesses going on in the family, so we appreciate all that and we'll definitely work with him. So, if he's running into a hard time getting to compliance, just communicate with your code officer. >> I will sell, take pictures, text. The
communication is key. Um, you know, sometimes these things do take long and I'd hate for them to rack a bunch of fines and stuff they're working on but can't maybe get a technicality just because they didn't have come in and speak with us. So, you know, we're happy that they're taking all these efforts to clean it up. >> Yeah. And his his point is very well
taken. So, get the the easy stuff that you can get done. I know sometimes moving boats are not easy, but those lowhanging fruit things, get those done so that you are showing the code officer that you're trying to get toward compliance. And then the pull barn is going to take you a little bit more time to to deal with. highway.
>> All right. Is there anything further from you, sir? >> Um, >> that you'd like me to hear? >> Actually, for the future, I don't know if it's, but I was hoping to open up a shop in class terms.
>> So, that go. >> Yeah. So that come talk to us before you do anything because again I don't want you to spend time, money, and energy on something that may not even be allowed at all and then you've wasted all this energy and haven't got anywhere. So >> rather let's get this over with. Um and
then as you start cleaning up, come speak with the town and we'll figure out what you can do within the the confines of the rules. Obviously, you know, we want you to be successful and use your property like it's intended. You just got to follow the rules and we'll try to teach you and you know guide you in the correct steps for that. Right.
>> All right. Anything further from the town? >> No, ma'am. >> All right. With that in case C26 uh-59, I'll enter the town's evidentiary case file as composite exhibit one without
objection. I'll find based on the affidavit of posting that the town had good service for today's hearing. I'll find based on the testimony of the town's code officer uh and the respondent that the respondent is in violation of
sections uh 20-010 G3 20-010 G3F code section 30-4 ULDC 20-10 G1 ULDC05-40 ULDC 25-20
ULDC 50.015 015 A2 Florida Building Code 105.1 ULDC 45 excuse me- 010B 45-0 and 50- 015A1. I'm going to require you to come into
compliance with all of those code sections on or before September 21st of 2026 or $200 and $50 a day fine will be assessed for each day that the violations continue thereafter. I'm going to set you for statusfine assessment hearing on October 6th of
2026. So that will be the date that you come back to me. Again, keep in touch with the code officer between now and then. In the event you get in full compliance, that's great. Get an affidavit of compliance from the town saying that you've fully complied and you're out of code enforcement trouble. If you don't get all the way through and you don't get fully complied, you'll come back to me at that hearing and
bring with you to that to that hearing all the evidence that you have. So, show me pictures that you've removed this, that, and the other. Show me when you applied for the permit. show me everything you've done from the day that you left this hearing until that hearing so that I see that you're working for forward. Um because I have found you in
violation, the town has asked me to assess administrative costs for today's hearing. So those are in the amount of 40966. Those are payable within 30 days. So that'll be in the order as well at >> you can pay that at town hall, but wait till you get the order in your hands. Okay. Yes. >> All right. Best of luck to you, sir.
>> Thank you so much. Thank you. Is that it? >> Yes, sir. You you're free to go. Next one. >> Next one is number uh case number 13. A fine assessment hearing. Javier and Ros Rosa Garcia. Case number SE2-64
147A Road PCN number 41414317011060020. Violation 175-110. Permits required 175-125. Application for a permit or approval 175-170 general inspections 175-240 violations 175145 Other permits required
175245 authority 175250 unlawful continuence 175310 limitations on placement of fill. There was an order final violation dated April, sorry, February 18th, 2026, ordering respondents to comply with the above listed sections of the unified land
development code of the town of Lacahuchi grows either through removal of all stockpiled material from the site or by having the required FDA permit issued in the event of an FDA permit application to allow the stockpiled materials to remain on site no later than May 18th, 2026. I will turn this
over to the code enforcement officer, Deanna Thomas. Um before going forward, uh your honor, um in this case, um you have the audience, um and I believe on
on Zoom, um you have the representatives of the um tenants or operators of the facility. You may remember this case is the one with the huge manure piles all over the the place that had to be removed. Um it is my understanding that
Mr. Fields is going to request additional time to come into compliance. Um I am uh we will oppose that. We think that your honor was more than than generous. Um but with respect to the the fine
assessment hearing it itself um unless Mr. Fields indicates that he is representing Mr. Garcia, the the Garcia's the property owner. Um our recommendation will be to continue this matter until um June 9th. Um because I
received a phone call from Mr. Garcia last night indicating that he was in the hospital and facing surgery. Um and so um the whether it's June 9th or today um it uh
really doesn't make a difference to the uh the town because the time for compliance was May 18th, but I think it's fair um to Mr. Garcia to have him um uh available for the the hearing. Um
then so um uh I'm we're amanable to uh moving forward with the request uh that I believe Mr. Fields is going to make. Um and unless he uh indicates that he's
representing Mr. Garcia, who he has not represented in the past. Um that will be our position on moving forward with the the remainder of the hearing. >> All right, sir. Can you hear me on the computer? I can. Good morning. >> Your appearance for me, please.
>> Preston Fields for Mr. Santana and his entities. And I do not represent the Garcia family. >> And who's here in the room? Is that you, sir? >> Yes. >> And can you come to the podium? Just give me your name. >> Hi, my name is Paulo Santana. I am the
the CEO of the company operating the the agricultural facility. >> Okay. And that's your lawyer on the computer. >> That's my lawyer on the computer. Yes. >> Okay. So, I guess Mr. Fields, go ahead. I'll give you a couple of brief moments uh
before I look at the case file. >> Judge, real quickly, I I am going to ask for an extension of time. If we were to try to move this over to June 9th, that would be fine with us. We have expended a tremendous amount of time, effort, and
money. And again, if this hear, excuse me, if the hearing goes forward, I think you will see the amount of work that we've we've done on the property. We just need more time. Number one. Number two, there are issues with the road system out there that they're they're
they're repairing the road, but we're having issues trying to get in a significant number of trucks to run them in and out the the pulled material off. And I I I don't think you're going to find that we were in any way, shape, or form delaying. It's just been a
herculeaning um effort to get the material off. my clients here if we need to testify as to the amount of effort and the amount of expense that's in the that's over a h 100,000 if not over $200,000 that we've
expended trying to take the material off. So we would just ask the court excuse me for a little bit more time before the court starts to assess the fine. >> All right. So with that I don't have any objection to resetting this uh for fine
assessment on June 9th. Uh, what I do need to proceed with that though is testimony as it relates to service for this morning's hearing. >> Well, we as far as my client goes, your honor, we'll stipulate the service. >> Okay. Thank you. I appreciate that stipulation. And then I'll have Miss
Thomas testify to service to the Garcas. >> Yes. Um, Deanna Thomas Town of Lockahhatche Groves case number C25-64. Uh, there was the order finding violation that was posted
uh and mailed regular and certified mail. I do have an affidavit of service in the file for that. Um, that was done on March 5th, 2026. Uh and then
I have also in the file um emails related to today's request from our town attorney. Um I just also wanted to bring the attention out that um we did speak
with um the property appraiser and they do not the property does not have egg classification at this time. I know that was mentioned in the past. It's not >> just speak to the service and the service. >> Okay. >> And the and we have service >> the document that you referred to
>> um had this hearing date that was served on March 5th? >> Yes, it did. >> All right. Let me take a look at that if I may. >> Yeah. >> Did your certified mail come back or No. >> No, it has not. Okay. >> There are pictures in the file showing
the um postings. Just put this back. >> Okay. So, which one has the notice stuff for today? >> In this file. >> There's >> You can keep that one. That's fine. you posted on March 5th. Is that correct?
>> Yes. >> Yes, ma'am. >> All right. I think there's a um governor's error on your affidavit. I think the date at the bottom should be the March 5th date. Um. >> Oh, okay. I'll make a note of that.
>> But your testimony is and there's a photo is there a photograph of the posting in here? >> Should be. >> And were the Garcia at the prior hearing? >> No, I >> think so. I'm trying to find you.
Um, they were at some of the hearings. I don't know whether they were at the last hearing. >> I don't I don't recall them being at the last hearing. >> No. Mr. Fields was here. Okay.
They were not present. No. >> And you have a picture of your posting? >> Thought I had it in here. I'm looking in your case file. All right. Either way, your sworn testimony is that you posted on March 5th. >> Yes, ma'am.
>> All right. So, we can proceed with the uh affidavit of service that indicates and the sworn testimony, Miss Thomas, that indicates that she posted the property on March 5th. So, with that, anything further, Mr. Fields? I'm going to continue this. I'm just going to reset it for fine
assessment on June 9th. Anything further? >> No. I wish you all a happy Memorial Day. >> Thank you. You too. Anything further from the town? >> No. No ma'am on this. >> All right. In case C25-64, uh, I'm only going to enter the evidentiary case file as it relates to
service uh for this morning's hearing. In reviewing the affidavit of posting, I'll find that the town had sufficient service to proceed uh with the service of the GarcAs and Mr. fields stipulated the service for his clients uh the operators. With that,
I will uh grant the requested continuence and I'll reset this matter for hearing on June 9th, 2026. This is just a strict reset. Mr. Fields, just so you understand, I'm not establishing a new compliance date. The dates in my prior order will hold and we'll have our discussion on June 9th. Um this will
just be a reset uh order. Thank you both. >> Thank you very much. >> Thank you, sir. Do I have this? Next item is number three. Case number C26-04-82. Jonathan Wish address 14735 Flamingo
Drive 41. PCN number 4141431701342090. Violation section code of ordinance 22135A business tax receipt uldc 92-015 C recreational vehicle use 92-010 permit inspection and maintenance
requirements 92-020 a RV site and utility requirements 20-035E1-2 setbacks I will turn this matter over to code enforcement officer John Suarez John Suarez is representing case
C260482. A notice of violation, notice of hearing was handed to the tenant on April 10th on property. certified mail was
was mailed on April 14th, 2020 26 to the property owner on file and it was also posted here at town hall on April 14th, 2026. Your honor, section 92010 has been complied as well
as uldc section 920A has been complied. Also, section 92015C has been complied. So, your honor, the violations that remain, there's a tenant on the property
and they do not have a business tax receipt for holding a rental on the property and they have an RV as well as a trailer within the side setback. Now, I've handed the property the tenant on the property. We had a meeting April
10th. At the property, I explained the violations and ways to comply. He told me he removed the RV and anything else in the setback at the time, but at April 10th, it was the RV. Um, I gave him 30 days to remove the RV. It is still there
as but now there's a trailer in front of the RV. I spoke to the property owner on May 7th, 2026. I informed him that there are issues. There's a violation. I informed him of the May 28th hearing. Have not
heard back from him. He said he was selling the property and the tenant would be out in 30 days. I do not see an active contract on the property after looking at the MLS. But uh to be fair, your honor, the town is
requesting 21 days for compliance to give him the full 30 days for the tenant to move out. We understand it's a problem tenant. And if he does not move out, the town is requesting $150 per day for each violation that remains. Additionally, is
recommended that the administration costs incurred in the amount of $4966 be assessed in order to be tain paid to the town of Lockachi Gross. and I will submit the full case folder. >> All right. And while I'm looking at that, can you figure out what your 21
days dates are? >> Yes. >> And then whatever earring date that is while I look at the case file. Thank you. >> All he has to do is move the RV out of the setback and get a BTR.
Correct. That a BTR could be done in an hour here at Ton Holler online. And also, yes, he can move the RV and the trailer. So, 21 days was June 10th. >> And he could accomplish that in two.
>> He could accomplish that today if he wanted, right? he could accomplish that two days >> because all he's got to do is move the move the RV onto the driveway. >> So, yes, the tenant promised up and down he would move the RV. He has not the
property owner has been he said he wasn't a he this is almost the fourth case on the property regarding different issues with RV and setback issues. The property property owner is aware. That's why I say it's a problem tenant
and so he was evicting him. >> On behalf of the town, um we would like uh compliance within two days. >> That lady All right. So, you want a shorter compliance for the just the RV.
>> What a BTR. >> The BTR can be done in um >> two hours >> a day. Um and the movement of the um RV and the trailer can be done within
minutes literally. We would want two days so that we can go out there on Monday and see whether or not there's compliance. Mr. Suarez has been more than generous with this case. And you said there's been four cases,
but you've never got there's no violation orders. >> No, they've they've complied in time. No vi no fine assessment. >> Okay. But no violation though either. >> There may have been one last year for
RV, but they came into compliance. They uh it was just an affidavit. Did they need an affidavit or a permit? >> So that >> but so they have an >> different code section. >> It was a different code section. >> So no repeat opportunity. Okay. >> How how does the town send the orders that I sign?
>> Certified and posting. >> You post it to the property. Yes. The same day. >> The same day when we receive them from you. >> That's what I'm after. Giving up two days if they they're not going to get certified mail for 5 days at least. So, as long as the town is committed to me that they're going to post it the same
day that you get the order, uh, I'm happy to give you the >> And I'll also call the property owner >> so he's aware. >> Okay. >> And the tenant to be fair. >> All right. Anything further? >> Nothing further.
>> And you, the BTRs, you spoke with the tenant and the tenant indicated to you that they were renting the property. >> Correct. That's that was an issue between the property owner and the tenant. >> And there's no issue getting a BTR for rental on this property. >> Simple. It's a simple process.
>> No prohibition is >> okay. And for the record, the respondent is not present. There's nobody else on the computer, right? >> No. >> Okay. All right. Anything further from the town? >> Nothing, further. >> All right. What uh what fine assessment here date do you want on this?
Uh June 9th. >> Well, your compliance date is June 10th. So that doesn't work. >> Are you want both? You want BTR in two days, too. Okay. So, June 9th is your hearing date, >> correct? >> You're right. Thank you, Mr. Suarez. So,
two days from today is what? Tony Town Hall is open on Friday. >> Mhm. Yes, it is. >> All right. And Mr. Suarez, in your original notice of violation, you gave him how much time to comply? >> Believe it was 30 or 10 to 511. Okay, so they've already
had 30 days to comply. All right. With that in KCE-26-04-82, that's correct, right? That's a weird number, but okay. 24-26-04-82. I'll enter the town's evidentiary case files composite exhibit one without objection. Find based on the affidavit
of service that the town had good service for today's hearing via posting. And Mr. Sarz, did you have the the uh tenant sign this hand delivery? >> The tenant did not sign the hand delivery. >> You may want to do that in the future.
>> Okay. >> You have act good service there. >> Did the property as well? >> I just handed it to the tenant. Um CEO Thomas accompanied me. All right, let's um do do another affidavit of service on that because you
didn't post. So, put another affidavit of service. I'll give you service based on your testimony that you hand delivered to the to the tenant. Uh but your affidavit of posting is for the 14th and you only posted town hall, not the not the property. So add another affidavit to your file so that you have
hand delivery at least this one statement that you hand delivered your testimony but just so your record is is clear. >> So given the posting to town hall as well as the testimony of Mr. Suarez uh and the affidavit that's going to be placed in the file that Mr. Suarez
handed the notice of violation and notice of hearing to the tenant on April 10th. I'll find that the town had good service for this morning's hearing. I'll find based on the photographs in the case file and testimony of the code officer that the respondents in violation of sections 22-135A
and ULDC92 no I'm sorry 20-035E1 and 2 and I'll require respondent to comply with those sections on or before May 22nd or appear at the June 9th fine
assessment hearing in the event of non-compliance I'll assess a fine of $150 per day for each day that the violations continue to exist. And I'll assess the town's administrative cost for today's hearing in the amount of 40966 payable within 30 days.
>> Thank you, honor. Where to now? Next item is number four. SF EF L Okachchobee LLC. Case number CE26-3. Address 13771 Okobee Boulevard. PCN number 41414317015130010.
Violation section Florida building code 105.1. Building permit required. ULDC 20-010 outdoor storage ULDC 20-017 prohibited use 05040A permits required expiration of permits
and development orders code of ordinance 18-24A tree mitigation code of ordinance 18-21A1-2 tree vegetation removal and we'll turn this matter over to the code enforcement officer John Suarez >> after Mr. Suarez establishes service.
What we're going to do with this case is request a continuance based on um negotiations that we've had with their council Katie Edwards Walpole um as uh I think we've got a stipulation on
this matter, but the party that would have to actually execute the document um is out of the country until June 1st. So, we're going to request that it be continued until June 9th after Mr. Suarez establishes service.
>> Okay. >> John Suarez on code officer on behalf of the Tonox Aachi Groves. I posted no notice of violation notice of hearing on March 25th, 2026. Also mailed the copy certified mail to the property owner file and posted here on town hall in
same day March 25th, 2026. And I also have an email confirmation from the attorney Edward Dwool with a correspondence and confirmation of the continuation. And you sent that certified mail as well.
And this is just a violation hearing, right? >> Yes. >> Okay. >> All right. Anything further from the town? >> Nothing further. >> All right. In case CE-26-3, >> I'll enter the town's evidentiary case file only as it relates to the service
documents for this morning's hearing. Based on the affidavit of posting in the case file, I'll find that the town had good service for this morning's hearing. I'll grant the uh mutually agreed continuence and I will reset this for violation hearing on June 9th, 2026.
speaker. >> Next one. >> So, the next three are actually also seated the same owner, different properties. So, um I will start off reading the first one. Uh BK Holdings Partnership LLC case number CE26-61
1858A Road PCN number 4141431701 0 uh 108001 violations section code of ordinance 22-135A business tax receipt. Want me to read them all? >> Yeah, there's there are three cases we
have um stipulations on this matter. their representative is on the the phone. Um he is going to be delivering the stipulations to us I believe later today. Is that correct, Mr. Froger? >> Jim, when would when can you get me the
stipulated agreements? Can you get them to me later? Today? >> Yes. >> Okay. That is 4:30. We close at 4:30. Okay. >> Yes. >> So once again, similar to the situation with Mr. prepared. What we would like to
do is um have those uh stipulations presented to to you after the fact once they are fully executed. Um and uh have you uh enter an order acknowledging
them? We have copies of the stipulation for the special master. >> I do. I have them in the case files. >> All right. And who is the person that's on the phone? Jim, can you identify yourself please for the magistrate? >> Yes, my name is Jim Fner. I represent
the property owner. Uh we reviewed the stipulated agreement and we uh went ahead the owner signed it yesterday, last night. I expect to have it any moment and I will provide it to uh the code enforcement officer by the end of
the business day. >> Okay. And the stipulation acknowledges the existence of the violation service and also uh that they have 180 days approximately to what's the compliance date.
>> Give me just a moment. >> That's correct. We agree to the six month. >> Yes, Jim. >> I just got to uh read it here. Hold on. It would be November 2nd. >> Okay.
>> That's what's listed in the stipulated agreement. >> Yes. >> All right. So, can you hear me? >> Go ahead, sir. >> You want to? Um when we discussed the stipulated agreement with the town staff
agreement possible second sixmonth extension I'm actually asking for a second three month extension. >> So Mr. Frogmer this is either a stipulated agreement or not. So you're
but the town is not they're they're shaking their heads no. So has your client signed this is that in the stipulated agreement or the settlement agreement that you signed. All right. So you're okay good because I can't proceed.
that, you know, if you're asking me to acknowledge a stipulation, you can't add conditions here at the hearing because that's not what the parties have agreed to. So, you're comfortable. So, the way this is going to work, this is not typical. Normally, I have signed copies as I sit here at the hearing. So, um you don't have any objection to me signing
an order after I get the signed copy of this settlement agreements. Is that accurate, sir? >> Okay. And that applies in all three cases, correct? Your client has signed the stipulated agreements. Okay.
All right. Anything further, Mr. Frogmer? Thank you. Anything further from the town? >> No, you are. >> Do you want me to read the other two cases in? >> Yeah, go ahead. >> Okay. Uh number nine BK Holdings Partnership LLC CE 26-701 1950A Road PCN
number 41414370109 0020 Violations Florida building code 105.1 Building Code required 175-170 general inspections 20-010G1 outdoor storage 20-040
A permit required expiration of permit Permits and development orders. ULDC 175-110 permits required. ULDC 20-017 prohibited use. ULDC 175240 violations. Next matter is number 10. Case number
C26-62 address 15960 Okobee Boulevard PCN number 414143701 01090030. Violation section Florida building code 105.1. Building permit required. Code of
Ordinance 22-135A business tax receipt 175-170 general inspection 20-010G1 outdoor storagec 050408 permits required expiration of permits
and development ordersc 175-110 permits required 20-017 prohibited use 90-0708 sign violation 175-24 40 violations.
>> All right, Miss Thomas, can I see uh just a copy of one of the settlement agreements? >> Thank you. >> Thanks. And just make sure in section 13 it looks like were these come into hearing what's today? The 20th, right? >> Yeah. >> Correct. So these were supposed to be at
the last hearing May 4th. Just before it's fully executed these settlement agreements, they still say May 4th. So fix that for today's hearing because that's stipulates the hearing for May 4th, not May 20th. Miss, can you explain that or bring him back up here to me? >> Yes, ma'am.
>> Would Mr. Curts, would you like me to have them scratch it on their copy before they sign it and send it back so that >> Appreciate that very much. >> Okay, Mr. Frogmore, can you hear me? >> Yes. >> Do you have a copy of the settlement agreement in front of you? >> All right. When you when you have a copy
of it, before you send the documents back to the town in paragraph 13 on all three copies, I presume it says May 4th. It should say May 20th. So, have your have your client strike through the 20th. the fourth, right? 200 and initial
that before you send it back to the town. Okay. >> May 4th. It say May 20th. >> It's just a scrier's error, but you need to correct it before it comes back to the town so that it doesn't have to get done again. Okay. Very good. Thank you, sir.
Thank you. You can leave him on there if he's still on there, but All right. So, anything further from the town in any of these either of these three? >> No, ma'am. >> All right. Thank you. So, in uh case number 26, C26-61, I've reviewed this settlement agreement
that the town has presented. And much like the uh prior cases, because the parties have not yet signed, I will as soon as I receive a fully executed copy of the settlement agreement, I will sign an order that acknowledges and accepts that settlement agreement uh and requires the respondent to comply with
its terms. I'll ask, the same as in the prior case, that the respondent send it to the town. The town will execute it and then send me via email a fully uh executed copy. And once I have that, I will sign an order um that acknowledges that.
Same thing in case- again, I've reviewed the settlement agreement. Uh I will sign an order that acknowledges and accepts that settlement agreement once I have been provided with a copy of the fully executed agreement. And finally, in case 26-62,
again, I've reviewed the settlement agreement terms. I will sign an order that acknowledges and accepts that settlement agreement as soon as I have uh received a copy of the fully executed settlement agreement. All right.
Where to next? >> There are no other matters before us. >> All right. Let me before we adjourn, let me ask the town uh for scheduling purposes. So the next hearing June starts the new dates. Is that correct? >> That is correct. So the dates that I will be here are the Tuesday dates.
>> That is correct. >> All right. So the other Monday and Wednesday hearings can come off my calendar beginning June 1st. >> That is correct. >> Okay. >> So your next hearing would be June 9th. >> June 9th. Okay. That's what I thought. But I just wanted to make sure you all
>> saw it the same way because once the day gets cleared, the day gets messy. All right. Anything further? >> Nope. >> I will adjourn at 10:55. Thank you all. Okay, >> thank you very much. >> Let's do conference room roundup up.