##VIDEO ID:VO-FaKZ0qXs## e Miss Edwards can you hear us yes good morning I can hear you there we very good thank you ma'am and Miss early is just uh listening in is that correct yes ma'am okay very good so you I hope you all heard me say that now is the time in the proceeding that I'm going to swear everybody in who's here to testify so that includes the people who are on the computer appearing on behalf of their their clients or the clients themselves so if you're here to testify on any items if you could stand if you're able and raise your right hands for me that includes anybody in the room are you folks here to for a code enforcement agenda item okay Dan Raise Your Right hands raise your right hand answer do you all swear from to tell the truth the whole truth and nothing but the truth all right with that I will turn it over uh let me just a few process notes it looks like based on the agenda with the exception of one uh hearing everything is violation or fine assessment hearing so the way that that will work is you'll hear the case called by the by the town they'll either stay in their seats looks like they have enough microphones to stay in their seats this morning they'll present their case from their seats you'll go to the podium that's here on my right side uh once the town is finished putting on its case presenting any evidence any witnesses that it has you will then come to that Podium and you will have the same opportunity to present any witnesses that you have cross-examine any witnesses that the town has called show me any docu documents that you have say to me anything that you'd like to testify to uh verbally at the end of that I'll make a ruling and ultimately you'll get a an order in the mail that reflects that ruling um keep in mind I just sore all of you in so your testimony here today is given under oath so keep that in mind as you testify uh with that I'll turn it to the town to call its first case Okay um we have addition and deletions I mean we have deletions we'll be removing um item four for Lantana Holdings LLC okay so you're pulling that from the agenda yes ma'am okay very good thank you and at this time our first item is item three under foreclosures um the property owner's name is lad kovich and that's at 132 hide Park Road of lockah Hatchy Roes uh Florida and this is case number 20200 6122 225001 23 800004 23 09001 230 50031 230000 005 those are the case numbers and who's doing the presentation go ahead sir good morning ma'am uh my name is Anthony neonakis and I've have been sworn I'd like to submit the case file for exib that's okay sure do me a favor just uh spell your last name for me so I get it right in the order o n a k i s thank you all right go ahead I'm a code and code compliance officer for the town of laxa haty grow Florida this case concerns the property at 1032 H Park Road in the town of latche Groves Florida according to the Palm Beach County Property Appraisers records and Palm Beach County tax collect I'm sorry to interrupt you let me just make sure I think that the person on the computer get that microphone a little bit closer to you because I'm having a hard time so I just want to make sure that she can hear you if that's for this case thank you uh Palm Beach County task collector's office the current owner of the property is elad kovich this case is a request for authorization of foreclosure or to sue to recovery recover money judgment the cases in reference are 2020 06122 225 0000001 2308 00004 2309 00001 2305 0031 23 03005 in the previously mentioned cases facts findings of fact were found orders assessing fines issued and the following cases were recorded with the Palm Beach County clerk of court case number 20261 122 was recorded on July 11th 2024 under book number 35135 page 72 has been recorded for more than 90 days remains unpaid and as of February 3rd 2025 the amount owed is $141,900 case number 225001 was recorded on July 11 2024 under book number 351 134 page 1718 has been recorded for more than 90 days remains unpa as of 2325 the amount owed is 198,50 50 case number 23035 was recorded on May 18 2023 under book number 3439 page 265 has been recorded for more than 90 days remains unpaid and as of February 3rd 2025 the amount owed is 165,000 case number 23531 was recorded on July 11th 202 three under the book number 34423 page 1253 has been recorded for more than 90 days remains unpaid and as of February 3rd the amount owed is 153,00 case number 23084 was recorded on October 23rd 2023 under book number 34625 page 253 has been recorded for more than 90 days remains unpaid and as of February 3rd 2025 the amount owed is 121,50 case number 2309 00001 was recorded on September 21st 2023 under book number 345 71 page 618 has been recorded for more than 90 days remains unpaid and as of February 3rd 20124 the amount owed is 269,000 the total amount of the fines as a February 3rd 2025 are 1,391 15 as of February 3rd 2025 their property remains a non-compliance status and and no permits have been issued on January 23rd 2025 the notice of intended foreclosure hearing was served on the property um was was sent by certified mail on January 23rd and on January 23rd the um the not notice was also uh posted on the property and at Town Hall Additionally the notice was mailed first class mail the United States Postal Service on January 23rd 2025 and the green card was returned an Affidavit of servic is included in the code enforcement file subject to any questions you might have this concludes the town's testimony okay and the green there sign green card in here is that for the Foreclosure notice okay yes ma'am so the town is seeking today authorization of for close yes ma'am and And to clarify your honor this is Ben saver Town attorney we're seeking both authorization to foreclose or to file a action for a money judgment so we want the town wants to have the options to do one or the other and where's your Authority on the ladder um that's also under Section 162.000 NC so both for an authorization of in order to file a foreclosure action or an action for money judgment both of them require authorization from the special magistrate perfect thank you and you said somebody is here is the person on the computer is here for this case is that correct yes Miss Miss Edwards wle um I'm hope I'm pronouncing her name correctly is here virtually on behalf of the respond and the property owner is here as well in person in person okay who is that okay are you're gonna speak or no okay very good all right um Miss is it Edwards Walpole yes good morning uh for the record sorry I would be there in person but I'm sick uh Katie Edwards Walpole law office of Katie Edwards Walpole 300 South Hine Island Road Site 2011 Plantation Florida 33324 I represent the respondent and the property owner who's there in person today Mr lad isovic 1032 hi Park Road in lockah hatchee groves okay I guess let me ask the town before I hear your side ma'am let me ask the town a procedural question since you have a remote appearance from an attorney did you provide her with the case File in advance of this morning's hearing I did not provide her with the entire case File she has all the orders that that are in the case File I believe the only other things in the case File are the excuse me the affidavits of service the green card um I believe maybe there's some information from the Property Appraiser's website but she does have all the orders that are at issue also for the record ma'am um I spoke with the property owner this morning and offered him the opportunity to discuss the case and to go over to file and he the CLI okay Miss Edwards Walpole um typically what happens in these setings and I understand I I appreciate you not coming to the hearing if you're under the weather um but typically what happens is the next part of the process is I would show you or your client the evidentiary case File that the town is asking me to enter into the record um the town is telling me that you have copies of the certified mail is that is that correct excuse me of the certified copies of the orders is that correct thank you and thank you to the uh the town attorney sa um I had I was engaged last week to represent the property owner I did put in a public records request for each of these cases to have the full and complete file there um I know the town clerk's working on it and I did receive copies by email uh from the town attorney I have copies uh they're they're not certified but what was recorded of the orders finding violation and of the lean so I was provided those by email um late last week however in terms of of the full file from the town no I have not received that yet um and certainly I'm able to access information from the property appraisers website um we have a copy of that and of course can submit that as well into the record But to answer your question um that's what I received from the town so how does the town attorney want to proceed um well I would suggest I think the only thing she has not seen or seen are the the town's document showing that notice of this hearing was was properly served we both have the property owner and an attorney here I don't think there's a question about whether or not we serve the notice of hearing so I I would ask you special magistrate to please accept our composite exhibit a um if someone else wants to see anything else the property owner would like to look at it we have no objection to that so Miss Edwards wple the the issue that I'm having is that there's add documents in the case File your client is here uh is it an opportunity for your client to or is it an option for your client to review the notice documents I mean I have a signed green card so um it looks pretty clear on service but uh given the fact that you're on the computer and this was not provided to you in advance I just want to make sure that you're able to see it the other thing we could do is uh recess this case for a few minutes and have the town scan this to the attorney that's on the computer um so that she can see it I I have to get over the fact that um or I have to get on the record the fact that that the documents have been reviewed and given that that her appearance remote was allowed I think we need an opportunity to present the documents to her so um Miss Edwards walpo would you prefer that the documents are emailed to you or would you prefer that your client review them uh in person just for the record um since we are here and we're appearing and he's there in person on the issue of notice and service with the town we would ask that you go ahead and acknowledge and we will to for for this point uh that that's been satisfied okay so no objection as to the legal sufficiency of service for this morning's hearing correct okay I appreciate that ma'am thank you uh go ahead with anything else you'd like me to hear uh you heard what the town said you heard what they're asking me to order today so um now is a chance for you to respond to that thank you very much um and first again thank you to the town's attorney for working with me late last week to provide uh as much as I had requested for the record and we can provide this uh my assistant is there uh in the audience uh to submit we've got uh copies of the orders that have been uh recorded with the clerk's office I don't believe that they're marked as certified but we would like to at least have that submitted and reviewed uh just to review whether or not the that's requirement of recording a certified copy on that issue first has been satisfied and Barbara's got copies of those that she can provide for the record okay I believe she's approaching now Miss Edwards I want to make sure I have the right documents here to give to the special magistrate I know there a few letters that you had sent me this weekend and I did review them this morning before the hearing I believe these are paper copies of them one of them is regarding case number 22051 and another of the letters is regarding case number 2303 00005 just work for clarification since I'm not there uh Barbara I'm looking we had I had run a title search report late last week uh so what I'm making sure that she's providing the right thing I'm not looking to introduce uh the letters separate in a part that I had sent to the the attorney I don't want those introduced right now or into the record but I am just looking uh for her to give you the uh copies of what was recorded with the clerk as it relates to the Code Enforcement cases so there should be the recorded copies of the order finding violation and then I believe the second ones uh would be the related to the leans there should be copies from the clerk's yeah thank thank you and I'm just I'm just doing a quick flip through right now all right so Miss Edwards wple go ahead I'm sorry and I'm sorry I just want to say the town doesn't object um to to this evidence regarding that it says not a certified copy these were downloaded from the public record site these are in order to get certified copies you have to pay an extra fee you know these have been recorded we had the testimony I think the evidence is sufficient to establish as a matter of fact that these have been recorded on the date stated on those orders e all right so no objection from the town uh to the entry of these documents correct your honor all right and Miss Edwards wple just so the uh record is clear you you I heard your statements with regard to um stipulation as to service but I just want to make sure there's no objection to to the town's entry of its evidentiary case File which includes um the service documents for this morning's hearing of property appraiser print out showing ownership there's a warranty D dated January 12th 2028 uh recorded at book 29584 page 939 there's the notice document for this morning's hearing a photograph showing the posting of the notice document three photographs showing the posting at the property an Affidavit of service for the notice document and then all of the uh certified copies of the orders record orders assessing F that were recorded in the public record no objection to uh entry of the evidentiary case File no okay thank you all right go ahead U Miss Edwards wple thank you I have your in front of me let me just record let me let me Mark I'm sorry to interrupt you let me Mark uh as I normally do the town's composite exhibit one without objection I'll mark uh respondents composite exhibit uh R2 uh and I'll keep uh I presume these are copies I can keep in the case File uh for the town is that correct Miss wpo Edwards wpo I'm sorry that's okay calling Miss Edwards if that's easier no objection on that point okay thank you with that I'll enter that uh composite exhibit R2 without objection go ahead ma'am thank you um my point was as it just as it relates to section 16209 3 of Florida Statutes where it says a certified copy of an order may be recorded and that was simply what I was looking for a finding just to make sure that there is compliance with that portion thereof I understand the difference between requesting a certified copy but if I read this correctly it's a certified copy of the order imposing a fine or a fine plus Fair cost Etc that that may be recorded and thereafter shall constitute a lean against the land that was certified order and Miss ktie Edwards um I'm sorry about that I didn't quite understand so so that portion Town's Town's position is that portion of the statutes referring actually to the town clerk's certified stamp and so all those you can see I think it's usually on the second page of order there's a certified stamp from the town clerk stating that's a certified copy and then that was recorded in the public records and so the versions of these orders are not certified by the county um because I didn't we didn't pay the extra money to get that but the certified copy in the statute's actually referring to that stamp from the town clerk that's on all of those orders thank you and I and I appreciate that clarification and just again on that point a finding for compliance on that that was simply what I was seeking okay anything further you'd like me to hear on that uh on that point there as well uh and again Barbara if you've got it the a property information report and this was previously provided albeit late yesterday to the town's attorney uh the print out from the palom Beach County Property Appraiser's office to show that the property does have the save our home status so unless there is objection she has paper copies of those I know the town also submitted the property record but this would be offered just for that purpose to um confirm at least the property appraiser status and that the save our homes base year is 2019 and it's also currently in effect for 2025 I'm looking uh the town didn't have any objection to the property appraiser print out which looks uh nearly identical to what is in the case File already but I'll go ahead and add that to the to the respondents composite exhibit R2 so your argument is that the property is is homesteaded is that correct that's correct not so much an argument but just a finding so it's there for the record and what's the town's response I you're I'm gonna kind of have a two-part response here yes the we recognize that according to the property appraisers website this this is Homestead I think our first position is that the language I think she's referring to in chapter 162.000 NC that language is talking about when you file a lawsuit and Town's position is that doesn't apply here here really the only thing the special magistrate should be looking at is is there a certified copy of the order and has it been recorded for more than three months those have all been we've shown that we've met those requirements and therefore we're entitled to authorization to for close or to file uh money judgment so that's our main position but secondarily we want to point out that under the Constitution when you're when you have property that's located within a municipality Homestead protection only applies to 0.5 Acres however as you can see from the Property Appraiser's website this property is actually five acres in total therefore this entire property um is actually exceeds what you can claim as Homestead and I have case laww showing that in these circumstances it indicates that yes uh municipalities can foreclose on properties when it is more than 0.5 acres and I'm happy to provide copies of that case law uh if you would like that but again the town's position is that this issue isn't really an appropriate issue for this hearing those would be the types of issues we would have to figure out if the town decides to move forward with a lawsuit okay all right Miss Edwards go ahead with your response and thank you and I understand the uh the distinction and and bifurcating the town's ability to maintain the floor closure or the lean I'm kind of in a speak now or forever hold your piece mode to make sure at least at this hearing that it's noted and it's on the record and uh hopefully we don't get to the point where there is suit but if the town is seeking requests for authoriz ation to foreclose or to seek money judgment I would at least like that information reflected there on the record okay anything else you'd like me to hear Miss Edwards uh thank you I think there was a uh just a finding regarding the statatory Caps that the Caps uh praise this the right way the amount of the daily fines and those judgments just a finding on the record that they uh comply with fatory authority based on the town's alternative code enforcement hearing structure under 162 and so forth so we would just be looking for a finding that if they do proceed that those caps are within the guidelines set forth in statute and when you say caps explain to me what you're what you're sure for example thank you uh for example if the maximum daily fine for a first offense is x amount that that's what we have in front of us so I just want to make sure that we point back to the authority and make sure that this won't be an issue that comes up again well I guess it isn't I I guess I'm not sure that that's within my purview this morning I mean the request before me this morning is is strictly one of foreclosure authorization if you had a legal objection to the statutory amounts or to the excuse me the fine amounts imposed under the statute that would have been a remedy that you would have needed to to take up on appeal uh of those orders correct I'm not sure that that's within my authority this morning uh based on the way that this has been noticed and the way that it's on the agenda this morning um so I'm not sure that a a factual finding is is appropriate on that at this hearing okay and we will accept that I just wanted to at least get that on the record to raise that point okay okay anything else you'd like me to hear Miss Edwards at this time no your honor okay anything else uh that the town would like to say uh no I just again to clarify that in the order we're seeking we want to have the ability to either seek foreclosure or money judgment all right all right so based on I appreciate the arguments of both sides um as I was indicating to Miss Edwards my authority at this this hearing is is actually uh pretty limited uh in terms of factual findings um and authorization really this is relatively simple in terms of uh proceedings um but the first thing I'm going to do the one thing I do have to make a factual finding on is uh legally sufficient service so with the stipulation um by Miss Edwards wall Poole I just want to have the record reflect that uh the notice documents that are in the case File include a certified mail um that was signed for for the notice of request for authorization of foreclosure or to sue to recover money judgment I just want the record to reflect that uh the Town based on the stipulation of Miss Edwards Walpole as well as the uh sign certified mail as well as the Affidavit of service which was also in the file uh that the town has uh legally sufficient service for proceeding with this morning's hearing in reviewing uh the evidentiary case File which also includes the respondents exhibits um it this one is is pretty cut and dry uh the testimony of the town and the dates on all of the orders and there are many of them so I'm going to actually go through them individually um but the statutory requirements of there having been a certified copy of each order uh recorded in the public record that that lean has been recorded for a 90day period uh and the testimony of the town is that the leans all the leans remain unpaid so in terms of checking the statutory boxes uh which allow me to authorize foreclosure um or this the seeking of a suit to recover money judgment I think that that those are all met based on the documents that I'm looking at and the testimony of the town so just so the record is clear um I'm going to go ahead and rattle off all of these case numbers just so the record is very clear that in 225001 the order assessing fine a certified copy uh stamp is on that order the order is dated December 14 2022 the order was recorded in the public records of Palm Beach County on July 11th 2024 and the testimony of the town is that that lean remains unpaid obviously that is more than 90 days from uh July 11th to 2024 to today which is February 3rd 2025 order 20 26122 is an order assessing fine that was recorded uh also contains a certified stamp of the uh town clerk it was recorded again on July 11th 2024 at book 35135 page 72 again the testimony of the town is that the lean remains uh unpaid so again that meets the statutory requirements of having a certified copy recorded in the public record for more than 90 days and the lean remains unpaid 23035 again an order assessing fine which presents a certified stamp of the town clerk was recorded in the public record on May 18th 2023 and again the testimony of the town is that the lean remains unpaid so again that period of time is more than the 90 days required by the state law 2305 0031 is an order finding repeat violation and assessing fine recorded again July 11 2023 that order also contains a uh stamp certified copy stamp from the town clerk again the town's testimony is that that lean remains unpaid uh for the record the period of time exceeds the 90 days required by Statute 23084 again in order assessing fine recorded October 23rd 2023 the order contains the certified stamp of the town clerk uh the town's testimony again is that the lean remains unpaid and finally 23 900001 an order finding repeat violation and assessing Fine Again contains a certified stamp of the town clerk was recorded on September 21st 2023 at book 3571 page 618 again that exceeds the 90-day period under state law uh the town's testimony is that the lean remains unpaid so um given the status of the documents the recording status the status of the leans with regard to payment um I will uh issue an order authorizing foreclosure uh the order will also authorize the town pursuant to chapter 162 to either foreclose on the property or to sue to recover money damages excuse me a money judgment for the amount of the lean uh given the documents and the testimony of of the town uh certainly the statutory requirements for forclosure authorization have been met so I'll uh sign an order to that effect today and um Miss Edwards I presume the town will get you a copy uh the certified mail copy will be sent as is required under state law but I presume they'll also get you a copy uh electronically as well okay thank you for your appearance thank you all right next case we are now on item 5 a under violation hearings and the case is with Matthew OA MB address is 13327 Marcela Boulevard lock hatche gr border and this is case number 24 1 1 012 good morning your honor for the record code inspector John SZ presents in case 2411 012 and reference to the property 13327 Marcel Boulevard the notice hearing was sent via certified mail on January 17th 2025 the property was hosted with a notice of hearing on January 17 2025 there is a posting of the notice of hearing here at Town Hall there is a sign Affidavit of service in the case folder as well as photos attached of the postings the property was initially cited with a notice violation on November 24th uh 2024 for the following violations um section 111 1.1 certificate of occupancy that has been complied section 92- 010a site permit affidavit required for any any RVs on the property so upon my inspection there were multiple RVs on the property and there is not an affidavit or permit with the town as required by the mun code upon reinspection on January 17th 2025 I also inspected the property on January 28th um the RVs remain on the property on January 28th I did speak to the property owner on sites he understood and he's working with our permitting Department um to get a either affidavit or permit um he has emailed me and I believe he's here your honor to request additional time um the town is okay is okay given 45 days for compliance because it's um you know it's it's a new permitting it's a new code and uh it's going to be a new permit for us it's going to open it up for inspections if it's occupied or if they're not occupied it's an affidavit with the town and they're limited by the number you could have depending on the acreage of the property um in addition to my testimony offer the town's code enforcement file for the case for the case as well as composite exhibit to be admitted as evidence for further support for the vinding violation for code sections section 92-10 A and you said compliance within 45 days or fine amount you're seeking and do you have administrative costs is admin I'm sorry yor there's administrative cost of $234 and5 that we are asking for and in 45 days if it's not in compliance $100 a day okay and you have a case File to present thank you sir and somebody's here for this case I okay very good can you come to the podium for me thank you sir and you were here when I saw everybody in right yes very good thank you just give me one second to look over the case File and then I'll turn my attention to you great looking for the looks like there's an old notice violation from November is there a new notice in here there it should be in there yes should have been the front copy if you don't mind after not it's no problem to print it out no it's I don't see it in here all I see is one from November if you want to look just make sure I'm not incorrect but it your H um printing out right now okay all right I'll let me hear from the respondent and we'll I'll hold off on entering the case File so let me let me just ask you just so I understand it's a it's an RV that's there is that what you said one there are multiple RVs I count three to four on the property believe in the pictures you can see two on one side and two on the other okay oh the property there is not four RVs there your honor all right give me your name Sir Matthew oo okay very good owner for the record your honor I did hand uh Mr oter on January 28th our the copy of the ordinance and what I have in the case folder on what day you handed that to him January 28th like I said he has been um talking with our permitting Department to weigh his options so I see one of these is clearly an RV can you come can I ask the code officer to come up here and show me what else you're show me all show me the four that you're telling me are there so that's one right but that's not exactly the same as that one no this is two sides of the property so this is right side left side it's not the same but s similar looking okay all right but this is what you're considering an RV none of this other just the the ordinance how rights is just RV okay very good all right go ahead sir how many how many you have you're saying you don't have four how many do you have no there was two and then there was a little delay with the CEO this is a brand new um construction okay um Town told me that I could have two during the construction um so then I we were getting the co I was told to I had to vacate the the the structure I put one there for a little bit for like about a month I think while this was going on I finally got my CEO um and then I'm able to move the one and then I will register the two um I just registered because I got my seal with homestead exemption and the Bonafide agricultural I had uh a lease for McCoy bees uh so that's all in I have that here if you want would like a copy of it I I could give that to you to put in the what is that that's a lease this would be the uh Bonafide agricultural um oh the exemptions the exemptions and the homestead exemption now so that I can fall under the Bonafide so I'll have the two RVs um that I will register and I appreciate the town giv me 45 days um to do that this is in this shouldn't take that long um so that will be in then I I'll register them um and then I'll get the one off so so when you say this is you mean the a exemption correct the a and the homestead okay so show show that if you want that in the case File show that to the town um before I see it and ask them if let me ask them if they have any objection to that being entered into the case File me minut of your honor and I'm sorry madam attorney if you want to look as well go ahead e all right and then let me ask the town for that notice document as well you the town doesn't have the original of this this isn't signed I presume you're you're trying to enter a record here so if if that's going to become the original I would presume your attorney would want you signing that and let me ask so was this was this an old case that got didn't get to hearing is that what happened here no this is new business that's suppos started comple by myself okay right but what that's that's what I'm not clear on why why did this additional notice go out just for um just to be clear there was a notice by hearing on the correct date not sure there was a if I may and I'm not certain but um we did have a few hearings where the um those hearings were cancelled so I'm not sure if the documentation matches that fact up if perhaps it was scheduled for another hearing David then who had Ren noticed it okay all right it it sounds like the parties are working together but just going forward if you send a new notice of hearing don't send a new notice of violation notice of hearing send a notice of hearing because you can't do retroactive compliance dates which is effectively what you've done here that I'm going to give him more than enough time so that he complies and and this is not an issue but in the future when you reset a hearing don't reset a notice of violation just reset a notice of hearing because you're you send him a notice of violation with compliance stes that were already expired based on your prior notice which is also in the case File so I'm going to accept it as sufficient for today but going forward please be careful with that I understand you um so let me ask you sir um how long is it going to take you to get this has the town given you any indication of how long it'll take to get this EG classification I I went there uh past week um the the the egg should go pretty quick from what I understand from McCoy um i' I've had bees on my property for as long as I lived in lock hatche Groves for nine years okay um so it should go pretty quick um and that's basically with the county U but they do know the lady that that could put it in and facilitate that okay and I did ask expedite that okay let me ask Mr Suarez can you show him the town's evidentiary case File which is also going to include your documents I'm going to keep them separate just so you can look at that the papers don't go everywhere but take a look at that case File and at the end of it let me know if you have any objection to those documents being entered into the record this will be this would be the two and then this was the one after I put here was after I was given the first one though just so you know but yeah it's fine so no objection to those documents being entered sir no ma'am okay so with that just so the record is clear I'll enter the town's uh evidentiary Case Files composite exhibit one without objection and I'll enter can the town keep this or do you okay I'm going to Mark respondents exhibit as composite exhibit R2 and I'm going to excuse me admit that into the record uh without objection from the town so what is the um expected timeline on getting one of these registrations complete with the town is it a a matter of a couple of days or once he applies for the permit um it shouldn't take longer than 45 days but it shouldn't take longer than a week neither soon as he applies for the permit it opens up for inspection and we scheduled it together once he passes inspection he should have his permit the next day but is his is his uh obtaining the require the town's approval is it contingent on this ad classification going through it is contingent on the ad classification um you said it was approved by the county it's in now so it should be with the county I'm not sure their time frame for the ACT exemption but is it it is contingent the number of RVs is contingent on is at classification okay and as well as fees okay and I've had the bees there for last year um but we weren't coed yet so this would be the next year 2025 so okay it's been a couple years okay and the county hasn't given you any indication of how long it'll take I could call and just ask so I'm going to give you more than enough time because you you've done the right thing you've showed up to the hearing number one um you're moving forward toward getting into compliance which is my ultimate goal My ultimate goal is not to be punitive My ultimate goal is that you comply with the town's code so I'm going to give you because you have a kind of a two-step process and and this one's a little bit out of your control I'm going to give you a little bit more time than the town is asking me for just because again you're doing the right thing and you're trying to get into compliance uh as quickly as you can so um with that is there anything else you'd like me to hear this morning before I rule um I would like the administration fee to be waved okay um I'm gonna and I'm I'm with the town I love the town so okay so I unfortunately I can't do that the town does have hard costs if I find you in violation the town's entitled to that that um what I can do is is you know if if you don't ever come back if you get complied you never come back to me for a fine assessment hearing so that stops the incurring additional administrative fees so um and again without an order assessing fine typically I don't think that they're recording those leans so um but once once I find you in violation if I find you in violation they're entitled to their cost so there's nothing I can do on that unfortunately because there are hard costs for the town to get here today they have to pay their attorney to do reviews these things they have to pay for time to draft orders and and those other legal things so um I appreciate your request but unfortunately I can't wave the administrative cost for today um the only thing I can do is encourage you to get into compliance by the deadline that I'm about to give you so that you don't get any more administrative costs incurred because those do uh add up the more times you come to a hearing the more expensive that becomes um anything further no ma'am okay anything further from the town no ma all right in case 2411 012 I've entered the respective uh exhibits into the record I'm going to find based on the Affidavit of posting that the town had good service for today's hearing I'm going to find based on the photographs in the evidentiary case File and the testimony of both the town code enforcement officer as well as the respondent that the respondent is in violation of section 92- 010a I'm going to require a respondant to comply with that section within 70 days or $100 a day fine will be assessed for each day that the violation continues so um I'm giving you essentially 25 more days almost a month more than than they asked uh just to make sure you get through the County's process if there is anything that that causes you any delay make sure you keep in touch with the town because if you do come back before me for a fine assessment hearing bring all of that evidence with you so if if you've called the county every day from today's hearing on until the next hearing um I'll take that in consideration in terms of whether I give you additional time at the fine assessment hearing so um just keep a log as you go forward hopefully 70 days is is plenty of time and and with all due respect I don't have to see you again um but if there is any hiccup make sure you communicate with the town so that they understand what's going on do you have to know what date that puts us at I am figuring that out right now so that would be the May hearing is the down proceeding with Monday hearings first Mondays of the month is that correct yes okay but that would be the May 5th hearing Bine assessment hearing if necessary actually hold on let me see if April April might actually work might actually fall yeah the town attorney can you get me the April date while I figure out what's 7 days is no it's got to be May and that would be the hearing would be April 7 okay yeah the 70 days gets compliance by April 14th so I have the order actually specified the date it's 70 days but it'll say comply by April 14th and I think that's easier let me ask the town uh code officer going forward when you make your remedy request if you can have the actual date instead of 30 days 60 days that way the order is is very clear um yes your H Perfect all right so with compliance by April 14th uh in the event of non-compliance you'll have to appear before me at the May 5th uh 2025 fine assessment hearing and then again in the order in the event of non-compliance I'll assess a f of $100 a day for each day the violation continues thereafter so as I said if something happens keep in touch with the town um bless you bless you and you can come back uh to me on May 5th and ask for additional time if you need it uh as I indicated the town does have hard costs for today's hearing and since I have found you in violation I'm going to assess the administrative cost for today's Hearing in the amount of 23405 bless you payable within 30 days best of luck to you um I hope again everything gets sorted out in those 70 days I appreciate that thank you thank you guys thank you all right next your honor we are now on item 6A and that is for under fine assessment hearings and that is for Roberto Perez and Maria fonte the property address is 3384 C Road lockah Hatcher Groves Florida the case number is 236 006 for the record code inspector John SZ presenting case 2306 00006 in reference to the property 3384 C Road the service for notice of hearing was sent via certified mail on January 17 2025 the property was posted with the notice of notice of hearing via certified mail January 17 2025 property the notice appearing was also posted here at Town Hall um there's a signed Affidavit of service in the case folder as well as photos attached to the postings the this property was initially cited on June 12th 2023 for the following violations section 0504 ab work without permit section 175 170 FDA violation um and section 17524 section 17511 0 um FDA needing an FDA permit site plan permit the initial special magistrate hearing was on June 19th 2024 where the magistrate found where there was a finding effect the violations existed the property owner was then given until August 16 2024 to come into compliance hold on it was it finding a fact or was it finding a violation was a finding violation okay so the property the property owner was given until August 16th essentially that was 58 days to come to compliance the case was then heard on November 4th 2024 where the magistrate granted a continuance for until January 10th 2025 so this is having to do with a site plan permit FDA permit and uh after review of the permit the property owner did resubmit the permit um corrective he submitted corrective plans on January 22nd 2025 and the the town says they need till February 5th to 20 2025 I have been in contact with a property owner um he's he's in good faith he's trying to get the FDA it is timec consuming and it's in the town hands now to review to for it to be approved um he could not make it today but he's asking for another 90-day continuance he is working the town is not an objection to that okay all right so so that would be on track for the April 7th hearing comply by April 1 is that acceptable to the town it is acceptable okay all right do you have the evidentiary case File thank you thank you e and the gentleman knows that you're giving he asked for the 90 days is that what you said yes your honor okay so he's in agreement or she is in agreement with that all right anything further nothing further at this time uh for the record I have been speaking with Roberto perz I all right in case 23066 I'll enter the town's evidentiary case File as composite exhibit one without objection noting for the record that the respondent is not present I'll find based on the Affidavit of posting that the town had good service for today's hearing I'll Grant the mutually agreed I guess uh first let me uh state that based on the testimony of the town code officer that the respondent remains in violation of section 05040 A 175 1110 175 170 and 175 240 I'll Grant the mutually agreed continuance establishing a new compliance date of April 1 uh in the event of non-compliance I'll require appearance at the April 7th fine assessment hearing I'll maintain the previous fine amount which was $250 per day in the event of non liance and I'll Reserve administrative costs for today's hearing all right thank you thank you you want to we are out we are now on item 6B and that's with property owner D and D fine grading incorporation and the address for that property is 13961 okobi Boulevard lockah hatche Groves Florida and that's for case number 242001 0 good morning your honor for the record case 242001 0 has been completed lied it was a lay compliance uh they had to get a permit and the permit is now it's now paid for and issued all right so you're requesting to pull that yes okay thank you you your honor we are now on item s 6C and that's with um property owner SQ Farms LLC the address is 13000 um d Road of lockah Hatcher Groves Florida and it's case number 24 60020 your honor for the record code inspector John Suarez presenting case 24620 in reference to the property at 1300 d Road the service for notice fearing was sent via certified mail on January 17 2025 the property was posted with the notice of hearing on January 17 2025 there is also a posting here at Town Hall there is also ass signed Affidavit of service in the case folder as well as photos attached of the postings this property was initially cited on June 21st 2024 for the follow the following violations sections 30-6 keeping a fill on the property that was actually complied section 207 prohibited use section 200010 outdoor storage G sorry section 210 G1 outdoor storage the property owner was given until July 16th 2024 to comply there was a reinspection on August 20th and the violations observed were it was still in violation the case was then brought before the special Magistrate on September 18th 2024 where the magistrate found sufficient evidence to support the violations exist as cited at the no notice violation the property owner was given an additional 90 days to comply there was a reinspection by myself code inspector neonakis and Public Works superintendent laow on January 14th 2025 um the violation still existed the property owner and his attorney were present for that reinspection I did observe the fill was removed but there was still outdoor storage of trailers containers and other miscellaneous items that did not have to do with their ad classification which is equestrian um there is evidence of a hay transfer business on the property at time of inspection um there are multiple trailers of hay as as well as hands to distribute or store that as well as what um work hands oh people people people okay um I have been me and the owner and the attorney they've been good with email contact um um they have emailed even this morning stating they're in they're in compliance but I need time for reinspection in addition to my testimony I offer the town's code enforcement file for case 24620 is composite exhibit to be admitted as evidence to further support the finding of violations for code sections 2017 and 210 G1 at this time I know the attorney's here and uh let speak let me see the case File please first let's deal with the easy part before we get to the Heart part y thank you and you sir I think uh came in after I did the swearing in do you want to be sworn or are you here yes your h i look like to be sworn since I was president at the time of the meeting thank you do you swear from him to tell the truth the whole truth and nothing but the truth yes your honor thank you very much give me one second to go over the case File and then I'll get your appearance and we'll get into good stuff and I don't think I heard the town give its remedy does the town have a remedy that it's seeking or would the town like to hear from respondent the town is not opposed to a short additional time because um we have been in contact they did say they would um they' clean up all the outdoor storage and remove the transfer station all the hay all the storage of a um so the town is okay with seven additional days if it's still in violation after seven days $100 for each violation the town is asking for and administrative cost of 2345 to be assessed in order to be paid by the town to the town by March 5th 2025 essentially 30 days I guess because this was several months ago at this point was the use issue at the violation hearing was was hey part of that or is that new um it was it was part of that but they also were sifting um they were bringing in Phil and sifting and grading which is just prohibited use also as well as a hate transfer okay so at the time of uh when we were there January 14th the sifter was still there and I think they were in the process of removing it okay let me ask you Mr Suarez to give uh this to the attorney who's going to give me his name here go ahead and give me your names for the record a Reginal sto on behalf ofq Farms well I'm sorry I repeat your name Regal r e g i n a l d first name last name s a mar d a u g okay my own office okay and I represent Su Farms LLC and with me is Mr Kiri who's the client who's been in close uh contact with Mr Suarez and I can tell you that Mr Suarez has been a pleasure to work with trying to get these things resolved since I stepped in uh and they were actually in my understanding that they were actually trying to get an 11:00 time or a time on Friday and there was a legis on a meeting on Friday but we're here today to attest the fact that we're in compliance uh we brought photographs and we just ran out of time and trying to coordinate uh we were trying to get there at 8:00 this morning to see because the Hope was that we would meet on Friday and when we met originally um there were indications by staff that it would be closed out we wouldn't even have today's hearing okay I I I appreciate greatly the additional seven days because I think I think Mr schs went there even today he would see we're in compliance um so we're encouraged by the staff's again willing cooperation uh to give us those seven days to to to prove it out the only uh the only outstanding issue would be if there is a determination that that were still in violation at the end of the seven days that we would be able to um question that if in fact that's true because I I wouldn't want to concede to just a unilateral uh determination that were in violation if we believe that we've done all this work and and uh Mr C he better for you to hear from him all the things that we could profer to you all the things that he's done up until today St because we The Hope was that we would be able to be on Friday okay let me do this what what is your name your first name sir Shamir Ki spell it for me your first name s h a hm I R I would not have gotten that right thank you for that let's do the easy part on in terms of the documents and then I'll hear from uh your client do you have any objection to the evidentiary case File that the town would like to enter into the record no OB okay so with and you don't have any object any exhibits that you want in the record uh we just have photographs to show what the property looks like as of today I can email them to you or text them to you they're on the iPad they were literally taken one hour before today's hearing to show the latest and greatest condition of the property we did provide them to Mr Wars briefly in between cases uh he may want to question them or ask but I I would just like to profit them to to your honor so that you can see that a lot of work has been done between uh between the time we met and today okay so let me do that um I guess let me if you have them on electronically I guess and you've already emailed them to the town is that your testimony no we haven't emailed them you have not Em Right but we can email them to the clerk and to your H all right go ahead and look at those Mr Suarez and your attorney as well if she wants to take a look the only thing I might add is that it does not include the photographs of all the horses that are there that were eating the hay that was stored there and cows I keep forgetting cows oh your honor it looks um greatly improved theyve removed a lot of storage um a lot of the hay I do see some trailers here here but they even look not as full as before and they do have horses on property so a little bit of hey or hey just for their horses is fine so I do have to reinspect but it looks like it's vastly improved I just have to go there myself and what was what what's your response to his statement that there was supposed to be a meeting on site on Friday is that was that not able to occur we were trying to coordinate um I guess then entire week and he needed a little more time and you might have emailed me Friday it's just we were so busy Friday I could not get out to his property all right and special manager just for the record no objections to those photos but of course um the code officer would need to reinspect and take his own photos sure all right let me ask um you to show me those since you showed the town let me see your photos on there and how many photos is it at Mr took a took the photographs Superior test see six photos Okay so six no that's fine I just looked at them you can take that back okay all right so with that and let me ask the code officer to get the town case File and I'll ask that you email the town those photographs so that they have it for the record because I'm gonna is I'm going to add them uh to the evidentiary case File so with that in case 24620 I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll also enter respond in six photographs um mark them once they're received by the town I'll ask the town to put them in the case file marked exhibit R2 uh including the six photographs that were taken by the respondent and those were taken today sir yes this morning this morning okay all right so Mr you're I think I heard your agreement with the seven days that's enough time to coordinate another inspection absolutely so compliance by next Monday essentally is what my order will reflect thank you okay and then I don't expect this will be necessary but in the event that there is an issue and compliance isn't established um before February 10th you'll have to come back to me on March 3D uh for fine assessment hearing I don't again expect that'll be necessary based on those photos it looks like you're hopefully I won't see you again in this respect that's right with all due respect with all due respect all right anything further from either party no nothing further here all right with that in case 24620 I've entered uh both sides uh evidentiary records I'll find based on the Affidavit of posting in the town's case File as well as the testimony of the code officer that the town had good service for today's hearing I'll find based on the uh documents in the case File as well as the testimony of both sides that uh the respondent remains in violation of section 20-10 G1 and 20-17 um by virtue of the fact that the town needs to do a reinspection um it looks like based on those photos they're very close but um without the code officer having been out there uh I'll Grant additional time to allow that inspection to occur and hopefully comply you out um so with that said I will uh Grant the mutually agreed continuance establish a new compliance date of February 10th uh I'll maintain the prior uh fine amount which was $250 per day in the event that the violation continues after February 10th as I said in the event of non-compliance you'll need to come back to me on March 3D for fine assessment hearing um and I'll Reserve administrative cost for today's hearing given uh the fact that the parties were working to try to get this resolved but didn't prior to the hearing in terms of an inspection so uh I'll Reserve those costs and you'll get an order that reflex that okay thank you your H thank you thank you your honor all right anything further your hna there is nothing further on continuances but we would like to note that our next um hearing is scheduled for Monday March 3rd 2025 at 9:00 a.m. duly noted and I guess um just as a matter of procedure going forward so the Wednesday hearings are canceled going forward is that that's my understanding can you confirm that with the town and and send s me an email just I'll keep them on my calendar but if if they're not going to happen let me know and I'll take them off my calendar okay if I'll send over calendar invites too well take them off I guess I have them on there because you were previously having a Monday hearing and then a Wednesday mid-mon hearing so confirm whether or not the town is proceeding with the Wednesday mid-mon hearings and let me know either way so if you're not intending to use those dates I'll remove them from my calendar and that is my understanding I know we're working on a calendar um I've heard from the town manager that or at least they' confirmed that it's only Monday but okay yeah if you can yeah I'll keep them on there until you tell me otherwise but if it I I get I appreciate that you reached out before this hearing because sometimes I get conf is there a hearing or is there not so if you're not intending to use Wednesdays just let me know if you are that's fine I'll keep them on the calendar all right hearing nothing further I'll adjourn this hearing at 10:20 I can do that that's fine