Special magistrate hearing. It's August 4th. Uh it's 9:05. My name is Amity Barnard. I'm going to be the special magistrate for today's hearing. Uh just a procedural matter. Who is appearing on the computer? Tanya, can you identify yourself for the
special magistrate? >> Yes. Good morning, Special Magistrate. Tanya Early on behalf of the town. >> Thank you, ma'am. Anybody else on the computer? >> The only one. Oh, wait. Cody. Hi, Cody. Can you identify yourself?
>> Yes, absolutely. Good morning, everyone. Cody German on behalf of the tenant at the PK Racetrack. >> This is the first case. >> Okay. So, we'll get to that. I just wanted to make sure I understood who was on the uh computer. So, the first thing I'm going to do uh for those in the room
and those on the computer is swear anybody in who's here to testify on any code enforcement matter that's on today's agenda. Mr. German, do you have any uh clients with you or is it just you? >> Not today. Okay, very good. So, you are an attorney, so you technically don't have to be sworn. Uh, for the rest of you in the room, if you could raise your
right hands for me. Do you all swear affirm to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. And with that, a little bit about process. It looks like uh the hearings on the agenda today are either fine assessment or uh violation hearings. So, the order of process will
be that when you hear the case called, the town will present its case first. They will call any witnesses that they intend to call. They will show me the evidentiary case file and they will uh present any verbal testimony that they would like me to consider. Once the town is finished uh with it with its presentation of its case, it's then your
opportunity to come to the podium if you're in the room uh to my right there and you can cross-examine any witnesses that the town has called. Present any documents you have to me uh and obviously state anything to me on the record that you'd like me to consider. With that being said, keep in mind that all of your testimony today is given
under oath. So, with that, I'll turn it to the town to call its first case. >> Very good. Um, there are no additions, deletions to the agenda. First item is Lantana Holdings LLC, 16169 Southern Boulevard, Lacahhati Groves 33470.
Case number 2301003 and 2301 006. violations was previously found in violations of code section 87- 030 removal permit 0 uh 2000 017
prohibited use PCN number is 4140 43 3600 000000 1020 and this is a status hearing and on behalf of the town uh Tanya will be answering on behalf of us Tanya. >> Um yes good morning special magistrate.
So, just a little bit procedurally um to remind you since it's been a while since the case has been in front of you um these two cases rather, you signed an order adopting an agreed stipulation um as far as the two cases that were read
into the record. Um there was a hearing in 2024 with respect to potential violations of that stipulation. Um the parties asked that you reserve ruling on that matter while we attempted to negotiate a resolution. Um without
getting into detail, suffice to say that those negotiations have been protracted and long. Um and we still don't have the final word from the land uh the property owner um as far as where they want to go with the case. So with that said, I just
wanted your permission to contact you by email to set a special set hearing to deal with the remaining issues with respect to the alleged violation of the stipulation. >> Uh yeah, that's fine. Just refresh my memory, Miss Early, because it's been quite a while, but I I think the last
time I heard this case, there was an order uh that directed both parties to provide to me a a written memorandum. Is that correct? >> That is correct, Special Magistrate. So, I I did provide one via email on behalf
of the town some time ago. Um I don't recall ever seeing any response provided to you by email by the um property owner. >> Yeah. And I don't recall that I I think that I don't recall that the matter was
ever set back for hearing. So, um Mr. German, I guess, what's your response to Miss Early's request for setting a special set hearing? >> Yeah. Um, special management, I think that's fair. Um, my client, which is presently the tenant of the property, is
in agreement of the relief being sought by the town on this issue. The issue is the landowner hasn't given us their formal position. It's a little bit of a fluid situation in all cander because my client has an option to purchase and is likely going to be purchasing the
property in the coming weeks. We were hopeful that that would have happened within the last few weeks already. So, um it's a it's a large purchase as you can imagine. So, that will then make this whole process easier because there won't be this town um landowner issue.
My client will be the land owner and the tenant. Um, so hopefully that'll happen sooner rather than later and maybe if that happens or I assume if that happens then maybe we won't even need a special hearing on it just because there will be an agreement. >> Okay. And I guess um Miss Early with
regard to today's hearing I haven't heard anything uh relative to relative to service of a notice of hearing or anything. So, is this just an informal discussion and you're going to reset the matter at whatever point you decide to move forward or are you intending uh or looking for an order from me today? Uh,
correct. It is an informal discussion. We wanted to get the matter back kind of in some kind of regular basically uh to pull it out of just being frozen um and and get it back before you in regular order. And of course, the only way to have a
conversation with you that that I think would be proper would be to to be on the record. Having said that, I do believe that proper notice was given, and I'd be happy to if staff is ready to present that, we can certainly put that on the record. And I'll also add that in the stipulation that is currently still in
place, um, the respondent did wave formal notice pursuant to chapter 162. >> Okay. Thank you. I do recall that as well. So, there was a notice of hearing for today's hearing. Is that correct? >> Yes, your magistrate. I'm Diana Thomas, code enforcement officer for town of
Locks Hache Groves. Um I personally serve the notice status fine assessment uh hearing to the um the manager on site. Her name um is
Katie uh I can't read her writing Faglano. Um, and that was on 72325. I did also mail a notice to the property owner, regular
and certified mail on uh 72425. >> Okay. And Mr. Mr. German, I think in the all prior hearings where you appeared, uh I I understand Miss Early's point that there was a waiver of uh any service in the future, but I think because you represent the tenant, I've also requested at each hearing that you
uh stipulate to service. Are you in agreement with that for this morning's hearing? >> Yes. >> Okay. And just so the record is clear because I was a little bit faint, Mr. German, you are in agreement with that stipulation to uh all notice for today's hearing. >> Yes. and and so so you're aware special
magistrate as well. We've corresponded with the lawyer for the land owner about this hearing as well so he's aware of it. >> Okay. Thank you. So Miss Early, given that do you do you is the town's request that I set this for a a hearing upcoming
in the event that that's needed. Is that >> the request? >> That would be Yes, ma'am. And so just so we're clear, I'm happy to coordinate that date with council. I just wanted to be able to see if we could contact your office via
email to schedule that if need be because I want to make sure everyone's available, that there are no further resets in this matter. The town certainly wants the matter resolved and I think it's to everyone's benefit that we pick a date that works for everyone.
I guess given that you need I guess given that you're asking for an order, is it possible for the parties to look at their calendars right now? >> It is for me. The the only caveat I would say though is I'm not sure if the landowners attorney will will need to
attend or would want to attend and and he's not here. So, I guess what I'll do is I'll set it for Can you all look at your calendars, Miss Earlyie? Do you Do you want this on a regular agenda or you want this on a special set?
>> Um, it's my understanding that the town has a Wednesday magistrate hearing from time to time. It I'm going to need staff to help me out here. I don't have the dates for and my apologies. it because it was my intention to special set or to to do
this over email. I'm not ready for the for that that particular date. So, I apologize for that. Special magistrate. Um I believe there's a Wednesday meeting like on the the third Wednesday of the month. >> June 20th is the next one. >> The 20th. Okay.
>> Sorry. August 20th. >> Okay. So, I would have that date available and I would also >> 20th or the 13th? >> It's the 20th. 20th. >> The 20th. My apologies. >> I have a special set hearing on
something that's I really can't get out of that morning starting at 9:30. The September Wednesday one is the 17th. Mr. German, are you available that day? >> I am. I don't think the unless there's a reason to provide that long time period.
We're trying to move this along. Do you think you need more than that to >> Well, my question why was it not set for hearing before it got pulled from an agenda? >> Can't answer unfortunately, but >> Okay. >> All I can tell you at this point, there doesn't seem to be a meeting of the
minds. So, the the >> Well, and my question at the last hearing was I'm not sure that I have the authority. I think that your agreement is an automatic agreement. So, my question is relative to my authority to even rule on that again. So, um I'm happy to if we want to set a different date if Mr. German's not available for
the August date, but I do need some time to review once I get the memos. So, uh I would ask that it not be any sooner than the regular August Wednesday. >> So, what is um Cody, what does your schedule look like the week of the 20th? >> Of August 20th, did you say?
>> Yep. What? What day? And um I could do the 18th. I could do the um the 22nd. 18th or the 22nd in the morning. So Monday or Friday? >> That's Thursday. Oh, the 22nd. Okay.
>> Yeah. >> Tanya, is one better than another for you? Either will work for me. >> Mini will work for you. The 18th or the 22nd? >> Uh let the 22nd is better. >> Okay.
>> You call it. You want it at 9? >> Yeah, let's do 9:00. And then with that, let me ask uh I guess the order will reflect that uh you provide to me no later than the 15th at 5:00 p.m. the memorandum of law as it relates to authority in this case. Uh Mr. Mr.
German and Miss Early, are you clear about what that memo needs to include from the prior order? >> Yes, special magistrate. I I'll go ahead and resend that to you since the the town had had provided it, but I I
realize that it's been a very long time. Um, again, the the negotiations have been protracted. >> Mr. German, are you clear about what to include in that memorandum? What I would ask if if this okay um with
with um Miss Easley is that she sends me the the one that or Miss Early the one that they sent that she sends me the one that um they submitted and maybe I'll kind of transpose the the tenants position in that same memo so it could be in one memo for the for the court.
>> Um >> no my my preference Mr. German is that they're separate memos because I I uh am not sure that you're going to that it's going to be an agreed memorandum on this one. So, my preference is that you submit to me uh separate memorandums and I'll include the same language that I did in the prior order with regard to what you need to include.
>> Okay? >> I don't have a copy of that order in front of me or I would read it to you on the record, but uh I'm sure the town can get you a copy of that prior order, but I'll I'll reiterate the same language. >> Okay. I I appreciate that, Special Magistrate, and I appreciate your willingness to do
the special set hearing. Um, again, we just we're hoping to get the matter kickarted again. >> And special magistrate, we'll send out notice to the property owner as well as
we've done in the past. You want me to send it out to all the parties or just to the property owner since they're not here today? >> Well, I think you have good service for this morning's hearing. So, what I do need to see is your notice documentation for this morning's hearing that you submitted. Uh, and Mr. German has stipulated with
regard to his uh waiver of uh any claims against due process violations as he has in all prior hearings given who he represents. Uh, but if that was hand delivered to somebody on the property, that gets you good service for today's hearing, which means that uh just mail a copy of the order, certified mail, as
you normally do once I issue the order later today. >> Perfect. >> One that was signed by the uh property uh manager supervisor. >> Okay. Okay. And Mr. German, I don't know if you can see us on the computer, but all that she handed me is notice of
status/fine assessment hearing and a copy of the certified mailing. >> Uh so that's the only thing I'm going to enter into the record for today's hearing uh just to ensure that there is uh more than adequate service. Anything further from either side on
this case? >> No, ma'am. Just want to thank you for your time and your patience. Okay, Mr. German, anything from you? >> Nothing further. Thank you very much. >> All right, thank you both. Uh so with
that in cases 2301 00003 and 23010000006 I will uh for the purposes of this morning's hearing find that the town had good service uh and accept into the record the notice of status/fine assessment hearing uh
requiring appearance at today's hearing which reflects a hand delivery date of 7:24 as well as confirmation of certified mailing uh that was sent 7:25. I'll also note again for the record Mr. German's uh stipulation to service as it
relates to today's hearing and any due process uh as it relates to notice for today's hearing. So, with that, I will issue an order that uh sets this matter for hearing on August 22nd, 2025 at 9:00
a.m. Uh, the order will also require both parties to submit to me a written memorandum of law. Uh, which will be specified in terms of uh length of the memo and items to be included within that memo. That will be reflected in the order that I issue today. Uh, provide that to me via email uh no later than
5:00 p.m. on August 15th. And as I requested previously, Miss Early, copy Mr. German when you send your memo to me and Mr. German copy Miss Early so that uh there is transparency in the communications with me outside of a hearing. Uh so that all parties are copied on all emails. Uh and I will sign
an order that reflects that and I believe we will address this on August 22nd. >> Thank you. >> Thank you, ma'am. >> Thank you. >> Those so they don't get lost. And thank you for allowing me. >> Thank you, Mr. German. You can go if
you're all set. >> All right. And thank you for allowing me to appear uh via Zoom. >> No problem. >> Great. Next item. >> Yes, ma'am. >> Next item. Jose and Ramon Bellerino. Uh 2241 A Road, Lacahuchi Gross, Florida,
33470. Case number 254001. Violation section 30-6. Keep fill on property 20-017 prohibited use 20-0110 G1 residential zoning district PCN
number 41 40 43 24 0000001030 on behalf of the town is John >> morning special master for the record enforcement officer John Suarez presenting case 2550400001 in reference to the property at 2241A road copy of the notice of the violation
Notice of hearing was mailed certified on July 10th, 2025. The property owner to the property owner on Palm Beach property appraiser. Copy of the notice of violation notice of hearing was posted on the property July 10th, 2025. And also the same copy was
posted here at town hall July 10th, 2025. Um the property was posted with a stop order and initially site on April 1st, 2025 for the following violations. Section 30-6, nuisance keeping fill on
the property. And your honor, fill per the definition of our MUN code, is material such as dirt that is imported and deposited on property by artificial means. There's a lot of outside dirt on the property. Section 20-017,
prohibited use. Um, there's a hay transfer business, which means they have a lot of containers holding hay and bringing it in and transferring it. And also there is a sifter on site. So they're bringing in dirt and sifting it through and then taking them back out.
Section 200010 G1 outdoor storage. Again, that's outdoor storage of equipment. Um the containers and whatever else is going on business via the pictures. I have pictures to show. Um the property is use code is
vacant. So none of these operations should be going on. the property should be just that vacant. Um, beginning April 9th, the code office code office had numerous conversations
with Mr. Verino's um lawyer, Mr. Sailor, and he was informed of violations and ways to comply. Um, the case was originally scheduled for a special management on May 21st, 2025. Uh, right before that hearing, I did we did speak
with Mr. Jose Valerino um before the hearing we came in agreement that he would remove the all the storage and cease the business within 30 days before the next hearing which I believe was in
July 7th. That did not happen. We did have to reschedule the hearing to today. The town is requesting from the date of this hearing 30 days to remove all fill on the property to remove all prohibited use including
the hay transfer and the dirt transfer and 30 days to remove all storage to bring that lot back to a vacant lot or we're requesting a fine of $150 a day per violation thereafter. The town is also requesting an administration cost
of $2345 to be assessed in order to be paid to the town. >> I'd like to submit my uh folder for case evidence. >> Okay. >> Thank you. Is anybody here for this case? Is that
you, sir? Okay. Can you Yeah. stand at that podium for me. What's your name? >> So, you're the property owner? >> Yes, ma'am. My brother and I look along. >> Okay. Just give me a minute to look through these documents and then I'm going to ask Mr. Suarez to hand them to
you and you can have an opportunity to look through them. Mr. Suarez, you have in here a certificate of conformity request application. >> That is a copy that the property owner emailed to me. So, I just print it out because he is trying to conform this
lot. He has some issues of uh just conformity. He's trying to qu his lot trying to get a full 10 acres. >> So that doesn't have anything to do with the use. >> Um he's trying to change his loose through the county, his use through the county,
but to change his use, he's trying to get the full 10 acres. Right now it's the size of it is 9.95. And to be uh what he's trying to do, which he could explain, he needs full 10 acres.
>> Okay. I guess my question for the for you is did the town approve this? Is this an application? Did the town process this or approve it? >> That goes through the county and as far as I know it's yet to be approved. >> The certificate of conformity request application is a town form, but it goes
to the county. >> Oh, I'm sorry, your honor. We did not approve it. I believe we're waiting on the county to get their paperwork to come to us. >> Okay, perfect. That's what I'm trying to understand. Thank you. Okay. For the record, your honor, if we do not
have the green card delivered back to us yet, but it does say it was delivered on the USPS website and left with an individual signed. >> Do you another one of these? You're saying >> uh signed green card. Um, yeah. So, the
latest one that we sent out, right, >> you know, comes back signed, right, >> we just haven't gotten back yet, but a check online on their website says it was signed and left with it in February. >> Okay. And you you posted on the 10th. Is that correct? >> Correct. >> Did you complete an affidavit of
posting? >> I could not. I My plan was to do it this morning and our system was down. >> Okay. But your testimony is that you did post on July 10th. >> Yes. >> And do you have that USPS
up on the screen there? Can I see that? Okay. Delivered July 12th. And keep that handy because you're going to have to show that to this gentleman too in one second. Let me just look through the photos and then we'll go from there.
pictures of posting are there as well. Not sure >> from July 12th. >> From July 10th >> or July 10th, I'm sorry. Yeah. I don't see any photos past July 2nd. >> Did you do a reinspection of the
property? We were just there last week and I'm and everything still remains. Um it's just don't have the photos at this time, but it's my testimony that
everything is stay the storage is there, the businesses are still going on. There's still equipment. >> All right. And what what day were you out there last week? Do you have photographs on that device there? My my issue is you gave another notice
of violation on 710 and you gave him 14 days to comply, but I don't have any evidence in this case file that there was still a violation after the 24th of July. So, I need to see whatever pictures or hear whatever testimony you have
after that 14-day compliance period. >> Did you meet with Mr. Verino on site? >> I did not. >> Okay. >> I did. Uh, Miss Code Officer Thomas and I did go to the property last week. The violation
remains. I did say pictures as of this morning. Let me see. But the violations remain. Okay. And I think your testimony was the outdoor storage is these containers. Is that these white truck looking backs or
whatever they are? >> Those are the containers keeping the hay. >> Okay. All right, Miss Thomas, while he's looking for those photos, can I ask you to hand this case file to Mr. Villerino? And can you look through this, sir? This is the evidentiary case file that the
town is asking me to admit. Can you Has the notice documents for today's hearing. He's going to show you a couple of other things on his computer there, I think. But take a look through all that and let me know if you have any objection and then we can get into the merits of the case. That's true. Your honor and take your time. There's a bunch in
there. So, take as much time as you need. >> There is a lot in here. a question. I have a question. U as I'm looking through this um just to maybe save some time here. All these violations
are all based on this property being classified as vacant. >> We'll get there. I need to we need to deal with the documents first. So, go ahead and let me know if you have any objection to just the documents and then we'll get into that's actually the merits of the case. So I don't see here um and that they
don't have uh the permit where I paid to clear the land. >> Okay. So you got a permit when >> I got a permit uh in 202 see here exactly. So I I came down here. I paid uh $250
uh after we purchased the property because it was completely wooded. You couldn't even walk in there. >> Okay. Um, and I paid $250 to clear it. Um, which I did legally. I did legal burns. I went to the forestry division.
I got permits to burn. >> Mhm. >> Um, and um, and then I came down here to apply for our license to do our nursery there. >> Okay. >> Um,
>> a business tax. Is that what you're talking about? business tax. Um, we have a nursery on B- Road in Lockachi Grows has been there since 1996. >> Okay. >> Um, we also own the property to the north and to the west of this property that we're talking about. >> Okay. >> We have a another nursery there. Um, so
we bought this property to expand. >> Okay. >> So, it's really just confusing to me as to why first of all, they're classifying it vacant when it's I went to the to the to the county to >> the property appraiser. Okay. >> To the property appraiser. I went to the
zoning. Um they said that it's just on Voxahhatchic Groves to change that. Um that it's that's not on on zoning is what I was told there. Um that and also that
while I was there, I got my uh I got the document that tells me what I can and can't do on the property, right? For the for the code of AR. >> Okay. >> A res >> residential, right? But these um these violations are pertaining
to a residential property. It says here residential zoning districts residential zoning districts article 20 article 20 residential zoning district. Um, if this is an a a resz zoned property and I have
a business that's a nursery that is permitted use by definition, then I'm not violating anything. >> Okay, we'll we'll get there. So, go ahead and finish the documents and then let it seem to me where he first of all
and and there's another question these documents like where did the complaint originate? I I don't know. So, that's a question you can ask the town. Uh I don't know >> because I know that under I know that under SB60 you cannot just
go on someone's property on an anonymous claim and start an investigation and without any notice to the owner whatsoever. Like, so I'd like to know if if these violations don't if they do not in any way, shape,
or form pose a threat or or to safety, public safety, or then there's no warrant for code enforcement to come onto the property. >> Well, that's not at all true, sir. Um, that's not at all true. So the town of Lockachi Groves has a code of ordinances
that that says what you can and can't do uh relative to various things in the code, right? So um just because things don't amount to a health, safety, welfare or life safety issue doesn't mean they're not violations of the code. Okay? So code enforcement cases can be things that are not life safety or health safety welfare. They're just
violations of the code. Right? So that's I believe what the town has alleged in this case is violations of various sections of the code. So, just so you understand, it doesn't have to be a health, safety, welfare violation or a life safety issue to be a violation of the town's code. But we'll we'll get
into all of that. Um, do you have any objection to those documents there? >> Okay. Mr. Suarez, can you show him the USPS confirmation and whatever photographs you found also? >> Thank you. >> Welcome. And then did you find other photographs,
Mr. Suarez? >> I did not have our superintendent go out there right now to have a photograph for you. But it is my testimony that I did go out last week, I believe on the 29th of July, and took two additional pictures as the violation still remained as
because I just saw they were planting kucias along the burm along the fence line. >> Okay. the property remains changing. >> All right, let's uh let's I think it's probably easier to go through these. Mr. Suarez, let me ask you a couple of questions about the uh code sections
that you cited. So, what is the code? You cited Mr. Villerino here for keeping a fill on the property. What is fill under the town's code? >> Fill means material such as dirt that is imported and deposited on property by artificial means.
So section 30-6 which I did print out every owner if applicable every agent custodian VC or occupant of property shall reasonably regulate and effectively control the property so as to prevent the keeping of bill on it to prevent the creation of habitat for
rodents and reptiles and other wild animals. Number two breeding ground for mosquitoes. Number three place conducive to illegal activity. Four a place threats or endangers the public health safety of Btown residents. Five, a place that is reasonably believed to cause
currently or potentially to cause in the future ailments or disease. Six, a condition on the property that adversely affects and affairs the economic value or enjoyment of surrounding or nearby property. So at the beginning, your uh special match rate
um fill is prohibited as it defines it property so as to prevent the keeping of fill. So the outside of fill which means dirt is being brought in by artificial means. So it fits our definition and there is a lot of dirt has been brought
in as you can see the pictures. >> Okay. >> Provides you the print out if you like. >> I think that that language is the same language that you have here on the notice of violation. >> So the town's position is that that section 30-6 prohibits the placement of
Phil It pro prohibits of keeping a fill. So Phil is being brought in and he's using a it's there's a business going on. So he's sifting it, separating the dirt from the rocks and then transporting it back out. But just bringing in Phil is
prohibited. >> Okay. >> The property use code is vacant. >> It's not doesn't have an agricultural means. >> So what's the violation of 20-017? You said there was a hay transfer business. >> So, it's prohibited use. So, yeah, there
essentially two businesses going on and the town's argument is should be vacant. Should be anything going on. Anything that business-wise needs to be approved by the town. Nothing has been approved. So, because the property use is vacant, they
can have a hay transfer station. They cannot have a a dirt transfer station. And two of those things are going on. Okay. And what's I I see the the pictures of the fill. What's the evidence you say that there's hay inside
those uh storage containers? Have you seen hay coming and going from the site? >> So, I've seen we've seen signs of uh hay that that point to the property. Um
they've admitted that there's a hay transfer station going on. And these were the same people from another property that were brought in from they were at 1300D and now they're here as a hate transfer business. >> Okay. >> It's the same people, but uh they did admit to it, your honor.
>> And who's the they? Is it Mr. >> Mr. Jose? >> Okay. So, you spoke to him and he told you that he was running a hay transfer business out of that lot? >> Yes, sir. Yes. Special. >> Okay. And then just so I'm clear, so even if
the property what I'm a little concerned about is the the designation by property appraiser, that's not what controls here. Correct. Isn't your zoning code what controls? So it's the activity itself, not the fact that it's listed as vacant on the property appraisers website, right?
>> So yes. And so if it was designated something else, yes. Then then there will be a a list of approved uses but there are no approved uses that goes through us that has not went through us or the county as of yet. I know he has
been applying but we don't do classifications here as the town of Los Angeles the county does that. >> Okay. But regard I guess my point is regardless of what the property appraisers website says related to use. If you witness a hay transfer station on
a property that's zoned agricultural residential and your code doesn't allow agricultural residential, that's a violation in of itself. Correct. Regardless of the property appraisers website. >> Okay. And your testimony is that the town code uses for agricultural
residential hay transfer station and uh sifting service business is not an allowable use. >> It's prohibited. >> It's prohibited. Okay. All right. And the outdoor storage is pretty clear. Your code says
all outdoor storage shall only be permitted when incidental to the use located on the premises or explicitly permitted as a primary use. So the issue there is that those hay containers or those cargo containers full of hay are not allowed because the hay use is prohibited. Is that >> exactly >> what you're saying?
>> It's not incidental use to anything there. There's not even a principal structure then. >> Okay. All right. Now that I have that clarification, Mr. Verino, what is your position? >> My position is that I never said I was running a hate transfer business there. First of all, let's get that
>> out in the open because I'm not running a hate transfer business there. Okay. Um, let's first and foremost, >> okay, >> I would like to understand, like I said before, where the violations came from, where there the complaint originated,
because as Mr. Suarez said um the town of Loxahi Groves in this case has very very aggressively and attacked us really in a sense of out of
nowhere no one's no one gave me a call saying that we had an issue. No one sent me an email. So to my understanding, something as he stated here, those tenants that I'm renting to that were
supposedly running on 1300 D road, they may have had problems and issues with them there and they followed them over to the to my property and are looking for problems there. But by me clearing my my property, paying them a permit,
it's not vacant land. By me exercising my right of use by definition to put a nursery there, I can bring in and sell dirt. I can sell soil. I can sift it. I can It's not a prohibited use. I disagree with that violation because
you can sell dirt as a nursery. There's other nurseries in town and I have pictures right here that have fill and are selling uh rock and are there's another shavings and hay placed right
next door to me. So I don't understand I have a license to do my nursery there, right? And I can sell dirt. I can sell fill. I can sell mulch. I can bring it in. I can sell it back out. We have a cattle business in the west coast of
Florida >> where the nature of the hay is for hag use is for our animals. Now the the way that this comes to be is if I buy a property >> the town is saying that it has to stay
vacant. It has to be maintained vacant. What's the point of me prying a property to expand my business and coming in here and paying for a permit to clear the land, submitting for an application to do a business there to do a nursery, which they they approved and they gave
me my business tax license. I have it right here. >> You have a copy of that with you? >> Do okay. Um, so I just don't understand why they are still classifying my property as vacant and all these violations being um under a uh under a
uh residential code and telling me that I can't do this, that, and the other. Here's the the business tax license. >> Give the documents and those photos that you have that you'd like me to look at, give those to Mr. Suarez, and he'll look at them. the town will look at them and before I see them
>> if I may your honor I also like so if I what did I do wrong here I paid I cleared the land I paid the business tax license I am not causing any harm or any anything that it says here like first
like if he's going to violate me first let's say that keeping a fill is illegal but you would have to come onto my property and prove that I'm creating a habitat for vermets and rodents and they can't prove that because that's not the case. That's not what's happening there.
The the dirt and the soil that's being brought in is being sifted and being brought out so quickly that there isn't enough time for for this what they're claiming that is going on is not actually going on. So, I just don't
understand how the town can just come to my property and choose to say I can't do this that or I can't keep Phil. Uh prohibited use saying that I can't uh run a business out of my property. Yes, I can. I absolutely can run a business
off my property. And they've given me a business tax license. I'm going to put a uh I'm going to put a uh uh a potted plant nursery there, an extension of the one that we have here on on B- Road and to the >> You're you're going to or you already
have >> Well, we're in the process of it. >> So, you're not currently operating a nursery there. You're going to operate a nursery there. >> Well, I'm I'm currently in the process of bringing in my plant. As he said, I'm bringing in plants and I am going through the motions. Now,
as he stated, the property is 9.95 acres. We were we put in an application to split the property into two separate parcels of five and five. >> Okay. >> Okay. So, my explanation to the town was it was brought to our attention by Mr.
Jim Fleshman when we put in the application that there wasn't enough land because you need 10 acres to get five and five, right? It was 9.94. There just wasn't enough property. >> Okay. So, because we own that property next to us and behind us, we went back to the land planner, some of those lots
have 5.06 acres above the needed minimum in Lockxachi Groves. So, we're in the process of adding the 0.6 of one of those properties to this property so that it can conform to the town so we
can split it into five and five. Then my brother Ramon would have his half, I would have my half, and I was going to build a house and have a nursery there. >> Okay. >> On that side. >> Um, within this time I I rented space to
to two tents um to offset the cost of starting the the business. >> Okay. >> And that's when the problems came. That's when the violations came. >> Okay. Who who are your tenants? >> My tenants are uh Dan Puit and
uh Ryan Fowler and so the nature of of their business and the nature of of their use of the property. >> What's the nature of their businesses, >> right? >> Is in conjunction. It's a partnership with me and Ryan. He's he has all the the equipment to run the dirt sifting
and bringing it in with the trucks and selling it back off. I have property, right? So, we're working there together to sell dirt, mulch, rocks. It is my understanding that as a nursery I am allowed to do that which is why I did it. We've been in business in
Luxahhatchi Grove since 1996 and have never had a problem. I've never had a violation. So that's why I feel that this comes from these guys being maybe somewhere else where they had caused problems for the town. >> But just because that owner allowed that to happen doesn't mean that that's what
I'm doing, you know. And I just don't agree with the way that they came about just putting a stop stop all business. This has to stay vacant there. That's how do you I mean I buy a property, I clear it. I I pay my my business tax
license to operate a nursery and then they tell me that I can't do that. >> Okay. So, what's going on with the with the white containers, the the storage containers? What's what's going on with that? So the white the the storage containers are where uh
Mr. Puit holds the the hay and I buy hay from him for my cows. >> What does that have to do with your nursery business? >> Nothing. >> Okay. >> Nothing. It has nothing to do with my nursery business at at all. That has to do with our cow business. But if I own a piece of property in Lockxahhatchee and
I have cows all over the state and I need a place to keep or buy or transfer, how is that illegal? And if it's illegal, then show me it's illegal and I'll stop doing it. But I don't think that I'm doing anything illegal. >> Okay. So you just you just bring it there and store it in those containers,
the hay. >> Now my hay I store in my containers. I bring to my cows. He has I rented the space for him for him to have his hay business there. He he buys and sells hay. >> So you have a tenant that has a hay business. >> I have a correct. I have a tenant that
has a hay business and he services all the equestrian communities in Lockx grows down in Wellington. >> They deliver the hay to the property and they sell it. Um and it was my understanding that if it isn't a retail where people aren't actually going there
to buy hay, then it isn't illegal. >> Okay. >> That was my understanding of when Mr. like you mentioned, Mr. sailor, my lawyer, who unfortunately couldn't be here today, is is telling me that I can't agree to these violations. He said, "We're not in a position to not
work with the town, I just can't accept the way that this the way that these violations are presented to me, okay? If you're going to if you're going to cite me for general nuisance 36 keeping a fill on property and saying that number one and number two is a breeding ground
for mosquitoes, a habitat for rodents, then you got to come out there and prove that that's what's going on. No one called me. No one said, "Mr. Valerino, we have a problem with this. Can we resolve it?" No one met me on my property. They just, you know, aggressively went after these guys
because I it seems to me that they had problems with them somewhere else. >> Okay. And I I understand that that comment. I just want to make sure you understand how the code enforcement process works under state law. >> They don't have to call you. They don't have to email you. The statute
prescribes the way that all jurisdictions, all cities, all counties in the state of Florida must pursue code enforcement. So their step, >> they just go and put your >> That's right. Some some jurisdictions do courtesy notices. I don't know if the town does courtesy notice. Is it's not
required under state statute. So, but I want you to understand that it's not aggressive. When they send you a notice of violation, that's not aggressive in my mind. That's what the statute requires them to do. So, >> could they have seen you on the street and stopped you and said, "Hey, Mr. Verino, we got a problem." Of course, they could have. Does the law require
them to do that? No, sir. So, I just don't want you to think that that's aggressive. That's just what the statute requires them to do. >> I And I hear that, but that's why I wanted to explain it to you so that you don't think that that's them being aggressive. That's what that's the process they have to follow under the state law. So, Mr. Sailor is your
attorney. Is that right? >> That's right. >> Okay. So, there's a bunch of emails in here and in several of these emails, he indicates that you're in agreement that the storage containers need to be removed from the property >> because there wasn't a primary building is what he explained to me. So, what we did is
we got in touch with a a metal building company. We're going to put a metal building out there so that so that the trailers are not in violation because they I was told and and correct me if I'm I'm mistaken, but
I was told that they are in violation because there isn't a permit structure that they uh what is the word where if you have a permanent >> it's not ancillary to anything is that who told you that? Um, my lawyer told me that and then when I came here in the
town, they said if >> if you have a building there, which I told I was going to pull a permit, okay, >> put a building there so that the hay could be stored maybe in the building >> and not in the containers. >> But then my lawyer said, "But if you
have a building, you're allowed to have the trucks as a supplement to the building." So, I was asked to move everything off site, which would be a very costly ordeal. >> Uhhuh. >> And if it if me putting a building,
which is part of the plan anyway, me putting a building on the property takes care of the town's gripes, then we're willing to work with them there. Now, another thing, I have not put in the flood development that they asked for because of the land split. Because
if I put it in now for 10 acres, it cost $78,000 and then I get it split to two 5 acre parcels. Now I have to do another flood plan for each 5 acre parcel. >> And I don't think just so we're all on the same page here, there's no FDA citation as part of this case. Is that
correct, Mr. Suarez? >> That's correct. We've talked about the FDA before, but as the town's position, we're not requesting FDA at this time. >> Okay. So that just so you're clear, that's not part of this code enforcement case. So I'm not going to rule on that or or even consider that because that's
not what's before me today. And just so you're I just want you to understand what your lawyer wrote uh to the town. I presume you were copied on all of these, but your attorney wrote to Mr. Suarez, you were CCD on May 13th. And this email at the bottom says, "As
far as the outdoor storage violation is cons concerned, the owner agrees that the trailers on the property need to be removed and are in the process of doing that." >> And we have removed more than half of them. >> Okay. So, what's the timeline? So, I guess I just with regard to your statement about if you put a building there that that the storage containers
will be allowed. I want the town to respond to that. Um, and also I'd like to see the documents that he requested to be entered if I could. Do you have any other documents you want entered into the record, sir? Um, I just have the, you know, the the tenant agreements that I have with the two guy that
>> Do you want those in? Do you want me to look at those? >> Sure. >> Okay. Show them to Mr. Suarez first. >> Um, >> he did show them to me, your honor. >> Okay. So, you've seen them? >> Yes. >> All right. Did the town have any
objection to these? Thank you, sir. >> No objection >> to any of these documents. Thank you, sir. >> No objection. >> All right. with that. Uh, can the town keep copies of these or do you need these back? >> I need those back when I give them. >> Well, okay. So, what I'll ask you to do is I'll ask the town to make copies of these as soon as I look at them because they're going to be made part of the
evidentiary case file and then they'll give you back the originals. >> Your your magistrate, if I may um say something. >> Go ahead. >> Uh, Deanna Thomas, code officer, town of Locks of Hatche Groves. Um the pictures
that he has showed to John and myself and now you are looking at >> are pictures of other properties that have an actual A classification with the
county. Their property classification is actually a and not vacant. But um isn't the the A classification just a tax
bracket? Because if I if I get I get a bunch of benefits by having a exemption and my taxes are a lot less because it's an a use. Right. >> Right. >> But by definition, if the property is owned a residential,
are you not allowed to use it for those purposes? Well, yeah, you you are allowed to use whatever the zoning classification is that the town has designated the property. You're allowed to do whatever uses are allowed in the town's code. I I think that her point was just because you're showing me photos of somebody
else that may have >> something on this site said this is the type of business that I want to put on my property. >> Right. I think her point to me was that those properties have ad classifications. They're not classified as vacant. Is that correct, Miss Thomas? >> Yes, your honor. Okay. Why is my property classified as vacant?
The town does not do the classification. That is done by Palm Beach County property appraiser. Keith Alexander would be the one to speak to upon that. The town does not do the classifications
>> and Mr. Verino, have you made a request to the property appraiser to change the classification on your property? >> I said I went down there uh last week. Okay. prior to this meeting and they told me that um even if the property is vacant, I can still use it for whatever the zoning says I can use it for. So,
they disagree with the town of Locka Hatches. >> Okay. >> And I have here the lady even printed out for me the permitted uses because she said to show them to the town.
>> Do you have that with you? >> Yes. >> Show it to Mr. is first for me >> the AR classification these are what you can do and by definition what you're allowed to do or what you can
process >> no objection uh your honor just uh this case did start by our our public work superintendent Craig lower we did not target because The vacant lot you could see clearly from a road and Craig saw the trucks
coming in and the dirt coming in. So >> So this was not originated by a complaint. >> No, it was originated by the town public works superintendent and then he uh called us and we took it from there to start the uh code process.
Now Mr. Valerino was right. Um you could put like there are permitted uses single family dwelling nursery but those have to be approved through a change of classification. He he's in the steps to go that route but he is
not there yet. So in the meantime nothing should be done there. >> Approved by who? >> Approved by the town. Approved by the town but it goes through the county. It's just a it's a process of changing the classification. Wouldn't that have been much easier to
just tell me to work on that as opposed to posting all these violations on my property? Wouldn't it have been easier for for someone to just say if cuz I did try to go down to the county and they told me they do not classify properties.
the lady in zoning um said it it's vacant because there's no building per >> right >> but if but how can they maintain that I have to leave the property vacant like I bought the property to use it not to
leave it woods >> well I'm not sure that I agree with their their statement that you because it's classified by the property appraiser that you have to leave it vacant I'm not sure that I agree with that um I agree with the sentiment that you can do what's allowed followed by the town of Lock Sachi Rose's code. Um,
but what I've heard here today is that there are operations going on on the property that are not consistent with the zoning classification by the town. So, regardless of what the property appraisers paperwork says, um, your own testimony is that you have somebody on site with a hay business using those
storage containers. So, what the town is telling me and what your notice of violation says is that you cannot do that. >> Um, so that's I'm I'm less concerned about the property appraiser. I think that's a paperwork thing. Yeah, I just my understanding with the property appraiser is that that's I don't know why someone would have told you at the
property appraiser's office that they don't change classifications, but >> I can't store hay there or that I can't rent to someone that is storing hay. How is that a violation? >> Well, the what the code says is that outdoor storage of merchandise and inventory, vehicles and equipment, refues, and other similar material shall
be subject to the following standards. Number one, generally all outdoor storage shall only be permitted when incidental to the use located on the premises or expressly proh, excuse me, explicitly permitted as a primary use in section 20-015 permitted uses. There is no
business there, right? There's no building. So there can't be an ancillary use if there's nothing there. So where I guess let's make it a practical example. Where are the people who go to that site, where are they using the restroom? Is there a bathroom there? There's a porta potty.
>> Okay. >> And it gets pumped out once a week. >> Is there electricity to the site? >> There's no electricity to the site yet. >> Are there water? Is there water and sewer? >> There's none of that. I've been This is holding me up from getting all this stuff going. >> So that that that is I presume why the code is the way it is that it's very
common in codes where you cannot have outdoor storage and stuff because that's what people do. They just use vacant land. They rent it out and they let whoever dump whatever or or move in and out whatever on it. I'm not saying you're doing any of that, but I'm saying this is very a very common violation, a use violation that has associated
outdoor storage. That's why their code says that it has to be incidental to a primary use on the site that's allowed. I think the argument and the problem that we also have in this case is the storage containers have hay. The town's testimony is that the hay business is not allowed in this zoning
district. So even if you did have a building on site, you couldn't have the storage of hay in those containers because there the hay business is not an allowed use in the zoning district. Is that correct, Mr. Suarez? >> Correct. >> What are the allowed uses in agricultural residential?
>> I have a list of permitted uses, but they would have to be approved. But who the >> what are they? Do you have it with you? >> I do have it with me. I mean, it's it's two pages with me. >> Can I see that? Now, we're calling this a hay business. Right.
>> Well, that's that's what I've heard and that's what I heard you say. You're renting out to a tenant that has a hay business. >> Yeah, but he it he can have a hay business and he can he's not using my property to sell hay. He's using my property to store to store his containers.
And it's my understanding that if there's a a building where now it's not vacant that that's not a a violation. It's just there's no building, sir. And you would need you would need anything
that's going on the property would need to be approved at the end of the day. Now, we've been in touch with Mr. Sailor since April 9th, I believe. We've spoken to you a few times. We're open to work with you. You know what you're doing on a
vacant land, >> but if you come in and talk to us beforehand, we can see what's allowed and what's not. We wouldn't have this argument here at Magistrate, >> right? But if you also understand that
if you're citing me for these violations and they are based on a residential zoning district that this says here, why did they conveniently leave out agricultural agricultural residential zoning district? It's not a residential zoning district.
>> If you go in our zoning code, you will see it's listed as residential zoning district. So the town's point is that that's just the that's just the classification that is the zoning codes, excuse me, the zoning classification name, agricultural
residential. Is that correct? >> That is correct. >> But it doesn't say here agricultural residential. Says >> what are you looking at? >> At the town's violation. It doesn't say agricultural residential. It says residential and not. >> Yeah. >> That's the title of article 20. Is that correct? Does somebody have a copy of
article 20? >> This says residential district. The property is AR. >> Yeah, I I agree with you that the property is AR. >> Yeah, >> I think the I think that's just the way that the town's code is set up, >> right? Because if it said agricultural, >> then it's not a cultural
agricultural. It's agricultural residential. >> It's agricultural residential, which is defined as a residential residential zoning district >> in our code. I disagree with that. Well,
that's the classification. I mean, you can argue it, but that's what the code allows. So, I I >> the code allows, but I can have a nursery there. They can't tell me I can't. >> Well, you can. It depends on what kind of nursery you have. And the zoning code specifies whether or not you need a special exception. So, is there intent to be a a retail nursery?
>> No, ma'am. It's a wholesale nursery. It's a growing nursery, and I can do that by law by definition. >> And I did pull it up, your magistrate, article 20, residential zoning districts. So what they're violating me for is pertains to residential zoning districts
or zoning districts. >> No, that the code that they've cited you, what is what is 2017? Is that what I'm looking at here? This is 2015. >> 2017 should be prohibited use. >> So let me see. Can I see that section of the code?
Is that in this case file? >> Not just itself. which provides the lengthy but >> oh and it goes back to
20. Oh, it goes to the ordinance Yeah. So it goes back to basically this. All right. What's the town's position uh as it relates to section 30-6? Is the town's position the keeping of
the fill that's the violation or do you have to meet one of those one through six criteria? >> No, the keeping of the fill is um prohibited. It's prohibited. Doesn't have to meet the criteria. It it says in the code that the keeping of fill is pro
prohibited as to prevent the creation of >> All right. So, it's a general prohibition to eliminate those six things from happening. >> All right. Just so the record is clear before we get too much further, I'm going to enter the town's uh evidentiary case files composite exhibit one
without objection. I'm also going to enter respondents exhibits as composite exhibit R2 which include the local business tax receipt issued on April 2nd
two three four photographs of uh what Mr. Verino testified are uh adjacent properties and then copies of two lease agreements that Mr. Verino has with two tenants uh Mr.
Puit and a Mr. Fowler and then the code sections. This is article 4. This is the county's code, correct? Okay. And who gave did the property appraisers
office give you this? When I went down there, they told me I had to take the they said I had to go down to the county and talk to them about getting the classification of the property to not be vacant. >> All right, I'm going to admit these. I'm not sure that they're relevant, but I'm
going to let them in anyways. Uh, one is a copy of supplement 32 of the Unified Land Development Code of Palm Beach County, article 4, use regulations, and then a table 4B6A, agricultural use matrix. And can I
ask the town uh while we're proceeding to have someone make a copy of all of this for the case file? I'm going to enter that as composite exhibit R2. Thank you. uh without objection by the town. So, Mr. Suarez, on this uh 20-015 that
you provided me, it says wholesale nursery is a permitted use. >> It would have to be approved by the town. >> How? >> There is an application process. It goes through Jim Fleshman and our permitting department, but I'm not privy to exactly
how, but there's an application process. I mean, you go in with your with what you can get from the county and there's an application process to change your classification because you just can't go on a vacant land and just put a nursery in and then ask for allowance later. Has to be
approved first. It's exactly like a single family dwelling. Yes, it could be there, but everything needs to be approved first. >> What's the application that he would submit? I don't know the name. >> I mean, that comes with a site plan and
whatnot. >> Probably. It's probably the agricultural exemption request or something. I I don't handle it. So, >> I could have um our permitting cler come in and testify to that aspect. All right.
The difficulty I'm having with that is that it says in the code section that you cited him with 20-017, it says any use not expressly or by inference permitted in the section entitled permitted uses. And if the type of use that he's saying he is is specifically listed here, how is that a violation? >> It's because we're going off the
property use codes and use code in a property appraiser. It's not a bonafideed a property right now. It's a vacant it's supposed to be a vacant land. I know he has a land clearing permit, but it's nothing else could be going on unless approved by the town. >> Well, but he got he got a business tax receipt by the town.
>> So, let me address that. Sure. So, um if we were before you speak, you were sworn, correct? >> I'm sorry. >> You were sworn? >> Yes, I was. Thank you. Thank you, special manager train. Um, the business tax receipts within the town of Lachate Groves are not reviewed by zoning. So,
there is no opinion rendered by the town upon an issuance of a business tax receipt that the use is a permitted use. It is only a tax upon the property that allows him to conduct business. So, we're aware of the fact that it is occurring, but there is no concurrence
by the town that the specific use occurring there is permitted. And that's why I went to zoning and they told me that I have to use I have the right by definition to use the property for that. I don't need any approvals. >> And who told you that? >> The zoning department.
>> I'm the zoning department and I've never talked with you about it. >> The zoning department at Palm Beach County, which is where where they told me to go. So if you're the zoning department, why are you still classifying my property as vacant? >> I'm not the county. I'm the town of Lacahhatche Grove. >> I'm the town of Lockache Grove zoning department. Why are you still have my
property as vacant? because it's got a clear permit and I've got a business tax license and I have a definition of use by right to do a nursery. >> Why is it still >> Let me explain. Okay, let me explain. >> Why has no one explain be please be respectful. Let her speak. She's trying
to answer your question. So, please let her speak. Hold on. Please stop talking. Let her answer that question before you proceed. >> So, what the town is saying is that the property appraisers office has classified your property as vacant. The
town considers your use as vacant. The town has no ability to change the property appraisers records to state that it is agricultural because they have definitions of what agricultural is because it could be a nursery, it could
be an equestrian use. >> Get an agricultural, >> it could be uh different type of uses and that's where we when the town does it, we take a look at what the property appraisers has classified. I have no ability to change that.
>> I have no control over the property office. Now, I think the point is we're not saying that a a bonafideed agricultural use is permitted within the AR zoning district. What we're saying for your particular parcel because it is
defined as vacant. And again, as I indicated, the business tax receipt does not verify that your use is a permitted use. is only a piece of paper that says you're conducting business there. >> But my use is a permitted use by definition in my right. >> It's an accessory use. Just so you're
clear, the it's an accessory use. Nurseries are accessory uses, not primary uses. So principal primary uses >> a nursery >> accessory to a primary use. >> So not in and of itself only a nursery, only an accessory use to a principal
use. So the principal uses allowed in the AR district are single family dwelling, modular home or factory-built home, essential services, agriculture, wireless communications facility. >> So my property on B- road that's a nursery. >> Uhhuh. Well, let's not I don't know that
we need to confuse that, but go ahead. Your your other property is what? >> We've used it the same way as a nursery since we've owned it. We've never had to go through any process to to change any classification of vacant land. I've never heard of this. >> Okay, let's Yeah, this is specific to
this parcel. So, I don't know how that other partial is approved or classified. I don't I think that's just going to probably confuse things if we start talking about that. >> And I think the the other point, Special Magistrate, for us is that we're talking about hay. Hay is not grown on the site.
It's being transported to the site. >> Oh, we're not talking about hay. We're talking about prohibited use >> and is prohibited use. >> We're talking about prohibited use here. Your your violation is for prohibited use. >> That is correct. Having hay on site
without it being grown on site without a relationship to the particular area is a prohibited use. That would be defined as commercial within the town and commercial is not allowed in that zoning district.
So, I'm being violated. I'm being I'm being I have a violation here for prohibited use. Um, which is the the containers on the property is what you're telling me is the prohibited
use. I can't have containers on the property. Well, you have there there are three things that you were cited for. So, we've talked about the the storage containers, right? >> But all but I just don't understand.
Still, if this property is not classified vacant, then these violations are no good. >> I don't understand what you're saying. If it's not classified vacant, it doesn't matter what the property appraiser classification is. He just
stated that the reason that these are violations is because the property is classified as vacant. >> That's part of it. The other part and the more important part is the town zoning code. That's the part that you're not you're not hearing me tell you. Um I've read to you the code several times about outdoor storage. You can only have
outdoor storage for something that is incidental to the use located on the premises. There is nothing on the premises. There is no building. Right. There's a 40x60 pole barn and there was cows there till two months ago when I sold them at the market. >> The barn is already there. >> There's a barn there.
>> Okay. Okay. >> But there's no electric, there's no water, there's no sewer. So there is no business operating at the site other than these storage things and fill coming in and out of the property. >> I I think that that is very clear. Um,
I'm I'm very comfortable with that. I'm very comfortable with the language about Phil. The code doesn't say that you have to satisfy one through six of the code. It says that you that every owner and if applicable, every agent, custodian, leie, or occupant of property shall reasonably
regulate and effectively control the property so as to prevent the keeping of Phil. >> But I'm selling my nursery business. >> But you're keeping Phil continually there. >> I'm bringing it in and out as I'm selling it. buying and selling it and I'm allowed to do that in a nursery.
>> Well, that's when we get into the classification problem. You there there isn't a nursery there yet. You are not classified aggregator by the county. >> Says who? That there isn't a nursery there. >> Well, the property appraiser printout is in the in this case file and it shows the property as vacant. Is that correct?
>> That was when that was printed out probably it was. So, do you have something else from more recently showing that it's agricultural on the property appraiser website? Have you had the classification changed from vacant?
>> Ma'am, I just stated that I went down to the zoning department and they told me that they don't change those classifications. >> I I think that you were misinformed there. >> Um because the testimony I'm hearing and my understanding >> does. So, >> I was speaking, sir. >> Yeah. My understanding is the town, no
municipality is responsible for changing the changing those use codes. That is the property appraisers responsibility. They are the only ones with the power to change those those codes. >> Okay. >> So, I understand that you were told that. Um but I'm not sure that that's accurate, but I do not work for the property appraisers office.
>> So, I don't know how I can get the property appraisers office to >> I think you're going to have to go back down there. >> Okay. I'll be more than happy to do that. And if I go down there and I get the right information and they change the classification of the property from
vacant to what does it need to be? >> Well, that's that's for you. I mean, I can't prescribe that. That's for you to tell them based on what you're trying to >> what what is what do they want the classification of the property to be so that I can do my nursery. Like it's
it's my understanding that I can have a nursery there legally without I'm not breaking any laws. If I came here and I paid them a business tax license >> well >> and I and I paid them a a permit to clear the land. >> Those are separate things though. I just want to make sure you're you're understanding the testimony that you
heard from the town and and it is 100% correct. Business tax receipts are not regulatory. So they cannot deny you a business tax receipt because it doesn't meet the zoning code. That's just a license to do business. There's no zoning verification. >> So if I So if I have a license to do
business, I can do business, right? >> It doesn't confirm that you're meeting the town zoning code. That's not how business tax receipts work. Business tax statute says you have to have a license to operate within a jurisdiction. It doesn't issuance of a business tax receipt under chapter 205 does not say
that you are complying with the town zoning code. Grant of that license doesn't give you authorization to violate the town zoning code. So, if you have a business tax for something that is not allowed in under the zoning code, you're going to have a problem. The issuance of the business tax does not
say you're blessed, you can do a nursery on the property. You have to still comply with the town's zoning code. Okay? They're two separate >> two separate property with the town's zoning code operating a nursery. Am I >> based on the the fact that the property
is classified as vacant? That's correct. You need to get that change to one of the things that is listed in the town code. And who changes that? >> That we just told I just told you that the property appraisers office. The town's telling you that they do not change those classified. >> When I came to pay my license,
>> I understand what you're saying. I'm I'm going to give you more time to comply. How much time do you need to comply? >> I need to know how to comply and I will comply, but I like when I came to if I paid for the permit to clear the property and then they accepted. >> I said,
I don't mean to interrupt you, but I don't understand what clearing the property has anything to do with this case. Well, because >> that has that's clearing trees. That has nothing to do with the the items that are before me. >> Clearing the trees so that I could use the property. >> But but giving you the town giving you a permit to clear trees doesn't also give
you authority to do whatever you want once you clear it. The permit is strictly for the clearing of the of the vegetation that's on the site. >> I can do whatever I want as long as it's not in violation of correct of the town. Right. That's correct. And so I came down here, I said, I want to put a nursery there. I want to expand from B
road to A- road. and they said, "Okay, here's your business tax license." And now they're telling me that there's other processes that were not disclosed to me when I came to submit for my business tax license. They said, "This is all that I needed to operate my nursery."
>> So, I'm like I said, I'm going to give you time to comply with these code sections. How much time do you need to get get the remaining cargo containers with hay off the property? and get the classification change to something that allows you to do on the property what you're trying to do. How much time do you need to do that?
>> Well, what I would do is I would submit a permit to put up a building so that I wouldn't have to remove the containers with hay. >> So those containers would be supplement to the building. If I need containers to store hay or if he needs containers to store hay, is that they say that's
illegal? >> Well, I've read to you the code a couple of times, right? But you have to have it incidental to a use that is allowed and is a permitted use. So you have to get the classifications changed so that it trs up and you're compliant with the town. >> So I would like time to allow for >> That's what I'm asking you. How much
time do you need? >> Um I need I need time to first of all I want I want to understand what you're saying because I don't understand exactly how this is in illegal use. I I just I
don't understand how We I we've I've I've told you, the town has told you, these emails have told you. Um I I'm not sure that you're hearing what what I'm saying to you. What I'm saying to you is that your and what the town has been saying to you is that your property is classified by the
property appraiser as vacant. You need to get the classification change to something that allows you to do what you're trying to do under the town's code. Okay? Does that make sense? >> Yes. So if I if I if you give me 30 days to do that, >> okay, >> so that I can go talk to find out who I need to talk to to get that resolved.
>> Okay. >> And then it's not classified vacant anymore. >> You're going to get it classified to whatever you need to get it classified to to make sure that you're allowed to do a use that is permitted by the town's code. >> So that so when that happens, are these violations now not a violation? Because
I'm okay. No, you you have to you have to I'm going to grant you time to do this and then when you've done it, you need to be in communication with the code enforcement officer and you need to show him whatever you've done and he'll do a review of what you've provided to him and he'll tell you whether or not you're in compliance. If you're not in
compliance, you're going to come back to me in another hearing and we're going to talk about what you've done uh between this hearing and that next hearing and then I'm going to make a determination based on what the code officer has said and based on what you tell me. If it's all complied, you may not come back to me. So, if you get everything and and
you you speak with the town and and you've checked all the boxes and you're in total compliance, they probably will pull the case and not bring you back to me. Um, the only reason that they would bring you back to me is if you're not in compliance and they want a fine to start running. That would be the purpose of the next hearing. So, if you work work
on getting this fixed the way that you need it and and keep in touch with the town, hopefully you can get in full compliance and not have to come back to me. Okay. >> Yes. >> Does that make sense? >> Yes, ma'am. That's exactly what we all want. >> Okay.
So 30 days today is what? August 4th. So the September, do you want this on the Wednesday hearing schedule then for fine assessment if necessary >> for this? I think it'll be the 17th. September 17th. Yes, your honor.
>> Okay. All right. Anything else you'd like me to hear, Mr. Verino? >> Anything else from the town? >> Uh, just a question that I have. Um the 30 days is just to change the ad classification.
>> The 30 days is full compliance with all code sections uh that are in violation. >> Thank you. >> Just for the record, uh Mr. Joseo, I implore you to stay afterwards and we'll talk to the permitting department to get you on the right road at least with the
town. >> Okay. And I would certainly encourage you to do that because the more you all are in communication, the less need there is for me benefits everybody. So the less I'm involved, the better. Um it it's I I think it's unfortunate that you
were told what you were told at the property appraisers office because there their paperwork is creating a problem for you and the town. So I think that's where I would start your efforts is with them. But I would talk to Mr. as far as uh after this hearing or whoever from the town that you need to talk to from zoning to make sure that when you go to the property appraisers's office, you
are fully informed with what you need to to request so that you're compliant with the town's code. Okay. All right. With that, in case 254001, did we get the copies of Mr. Verino's
paperwork made? >> Yes, I gave him back his originals and we do have copies for our file. >> Okay. If you could give me those copies and Mr. Valerino, you have your papers back. >> Yes. >> Okay. I'm going to mark these as composite R2
and I'm going to ask that the town keep these in this case file as they were presented. So, I've entered I previously entered in this case 254001 both sides evidentiary case files. Uh for today's hearing, I'm going to make a
finding of adequate service based on the USPS delivery confirmation uh confirming that the certified mail was delivered on July 2nd and also the testimony of Mr. Suarez that the property and town hall were posted on July 10th with the notice
of violation and notice of hearing. Uh based on the testimony that I've heard from both uh the town and uh from the respondent himself. And based on the uh evidence that's in the case file, I'm going to find that respondent is in violation of sections
30-6, 20-017, and 20-010 G1. Uh based on the testimony, as I said, as well as the photographic evidence and uh communications that are included in the case file,
I'm going to give uh the respondent until September 5th to bring those code sections into compliance. In the event of non-compliance, $150 a day final start on September 6th. So, make sure you work with the town between now and September 5th uh to get all these items
addressed uh and get complied out. In the event that you do not comply on or before September 5th, uh you will need to come back to me on September 17th. That's a 9:00 hearing, same as uh today's hearing. That's a Wednesday hearing, though. Uh, and I will hear
this as a fine assessment case in the event that that's necessary because I have found your property in violation based on the photographs and testimony in the case file. The town is entitled to its administrative costs for today's hearing. So, uh, I will assess those in the amount of 23405
and those are typically payable within 30 days. So, you'll get an order that reflects all of this uh after the hearing. Um, the town is required by law again to send that that uh order to you by certified mail. So, if you want a copy by email, you can request that from Mr. Suarez if you want to get a copy of
it sooner. Uh, but you'll get an order that does reflect everything I just ruled. And hopefully, you can work with the town uh to get complied. >> And the reason that um you're approving the violations is because of the classification of the property being vacant.
>> Based on everything that I reviewed for this morning's hearing, all the all the verbal testimony, all the documents in the case file, the town code, uh everything that's been presented here today. So, you'll get an order that reflects that in the mail. Okay, sir. >> Thank you. Anything else from the town? That
appears to be the final case. Uh, one clarification. The agenda says the next hearing is August 13th. Is that correct or is that incorrect? >> It's incorrect. It should say the 20th. >> Okay. At 9:00 a.m. >> Yes. >> Okay. All right. With that, uh, hearing
nothing further, I'll adjourn at 10:40. See the top. Thank you. Have a great week. Thank you. >> Thank you.