actually grow special magistrate hearing. Gentlemen, we're beginning. Thank you. I'm going to call to order the special magistrate hearing. It's January 5th. It's 9:04. So, we're a little bit behind. Let's go ahead and get started given the agenda. Uh my name is AMD Barnard. I'm the special magistrate for this morning's
hearing. Uh first thing I'm going to do is if you're here for a code enforcement matter, I need you to stand if you're able and raise your right hand. I'm going to swear everybody in at the same time. So, if you're here and you're going to talk on a code enforcement item, I need you to stand up and raise your right hand, including town staff. Do you all swear affirm to tell the
truth, the whole truth, and nothing but the truth? I >> do. >> Thank you. You may be seated. A little bit about process for this morning's hearing. It looks like, um, the beginning of the agenda is violations, uh, fine assessments and continuences. Uh, those will work, uh, by the town
going first. The town staff typically sits at the table in front of me. They'll present their case first. Show me their evidentiary case file. You'll come to the podium that's here to my right, your left. Uh once the town has put on its case, shown me its documents, called any witnesses it intends to call, you'll have an opportunity to review the
case file, uh cross-examine any witnesses that the town has called, and uh present any verbal or document uh testimony that you have with you this morning. Once I've heard both sides, I'll give you I'll I'll issue rather a formal ruling and I'll sign an order that reflects that ruling later today,
which you'll get a copy of after the hearing. Uh it looks like there are a couple of um foreclosure authorization hearings. Those are a bit different. So, we'll deal with those uh once we get to that portion of the agenda. So, with that uh context, I'll turn it to the town to call it first case.
>> Um we're just going to go out of order if you don't mind. Uh special magistrate. Um the first item because the attorney is here to represent the applicant or the violator, alleged violator. This is request for authorization for closure on leans 5, six, and seven. So this is Mr. Dewarte
and Jar Quinn. Uh we have three code cases. Case number 2308006 20 uh 20206131 and 2021-014. and the representative is at the um deas
I mean at the uh podium. >> Morning attorney Daniel Rose. How are you? >> Good. Good morning. >> We have an agreement for your consideration. >> Let me ask you to just make sure the microphone is on so the recording is picking you up. >> Can you hear me now? >> Uh I don't know. Nope.
>> Can you hear me now? >> Oh, not anymore. >> Yep. >> Batteries. >> Batteries. I can talk about >> that's that was on. Yep. That sound like >> Yep. That's perfect. Thank you. >> Daniel Rose, I represent the uh violator. Microphone.
>> It is. >> Is it working now? Okay. Daniel Rose, I represent the uh violator. He's present and we have an agreement for your consideration. >> Okay. >> Uh just to continue it for 30 days and we'll come back at the next meeting with an update
>> and the town is in agreement. had no no objection to continuous February meeting. >> I'm looking now. >> February second. >> February second, right? Yeah. >> Uh in order for me to grant a
continuence, I need to find service for today's hearing. So, what does the town have in the way of service for today's hearing? >> Consider me accepting it. >> You're stipulating to service on all three cases. >> Okay. because obviously >> you're here and that usually means that
it worked. But for the record, >> I'm here to try to solve the problem. So, >> well, I have no objection to giving you that 30 days to work with the town to do that. >> All right. Anything further from either uh party? >> No.
>> All right. So, I'm going to do three separate rulings just because I guess the town typically need three orders. So, I'm going to do three separate rulings. Uh, so with that, in case 23080006, uh, respondents council has stipulated to service for this morning's hearing.
Uh, I will not enter any documents as this is a continuence request. So, I will grant the mutually agreed continuence and reset this for uh, foreclosure authorization hearing on February 2nd, 2026 at 9 a.m. In case 2020,
same thing. uh respondents council is present and stipulated a service for this morning's hearing. I'll grant the mutually agreed continuence and reset this for closure authorization hearing for February 2nd, 2026 at 9:00 a.m. And finally, in case 2021-014, again, respondents council is present as
stipulated as service for this morning's hearing, I'll grant the mutually agreed continuence and reset this matter for foreclosure authorization hearing on February 2nd, 2026 at 9:00 a.m. Thank you, sir. >> Thank you so much. Have a good month. Thank you again. Next item. Um, we have the approval of
the minutes 12125. >> Um, I have the minutes here if I can just present them to you. >> Yep. And I printed a copy and signed them. I can sign your copy. If you want that, but that's >> if yours is the same, that's fine. I did review them uh prior to the hearing and I have signed uh the December 1st 2025
minutes. So, I will give those to you. >> Perfect. Thank you. Thank you. Um, next item, we go to the regular agenda. Notice of status fine assessment hearing number one is Peta and Melissa Martz address 14817 snail trail case number C2528
code section uldc 70-015 maintenance of swailes and coverts 70-020 drainage to be contained on site and 70-025 coverts required. Turn it over to the um to the code enforcement staff.
Good morning, your honor. For the record, co- compliance officer John Suarez is presenting KCE2528 in reference to the property located at 14817 Snail Trail. The order finding violation was posted at 14817 Snail Trail in December 2nd, 2025. A copy of
the order finding violation was mailed via certified mail to the property owner of record as listed by Palm Beach County Property Appraiser on December 2nd, 2025. A copy of the order was also posted here at Town Hall on the same date. The violations that existed were the
70--015 maintenance of swells and culverts. Section 70020 drainage to be contained on site section 7 uh 025 coverage required. Um the violation remain at the property at this time. Lead code officer Thomas and I have been
in contact with the property owner. He's been coming in office, you know, regularly in town hall and uh the town would like allow him to speak at this time. >> All right. Your name, sir? Peter Martz. >> All right. Go ahead, sir. >> Uh, I'm waiting for a poll this morning
with the scheduling of the time. I have I'm going to just redo the whole thing. So, I just had to uh basically have a company come out, give me a quote. Uh, since the last time we met, I tried to have it done uh manually. Uh, so that
won't work. So, my guy is going to be in touch with Craig to make sure all the specs of all the pipes and everything are done. And then I'm going to pay the 3655 and have it redone completely. So I would I would like a 30-day continuance. >> Okay.
>> Just to give this guy a week or whatever it is to do it. >> Um and then I'd like to be able to get that approved so I don't have to come back on another Monday. >> Okay. Does the town have an evidentary case file that you want entered?
>> And I have the permit. The permit's been paid for. Everything's um ready to go. Literally the only thing that's that the only reason it hasn't been done is because the holidays. >> Okay. >> A team out there after the two weeks after the last time we met the manual
guys basically said it can't be done manually again. >> And then the guy who has the big excavator and has the knowledge to do it because you need knowledge because of everything agency. >> What was the compliance date in the prior order? Was it right before this
hearing? Um it was right before this hearing is more of a status fine assessment because he was diligently work he was working with the town at the time of the hearing. There was still roots and stuff in the cover. >> Yeah.
>> And then he removed the roots and essentially the covert collapsed. So now we realize he has to replace the entire covert. >> Okay. >> So we really don't have more to submit in a case file. He just knows he's pulling the right permits and >> your case file has your certified mails, right? I need to get those to find
service. >> And Craig is going to be directly in touch with my guy to make sure my guy does everything with code to code. >> Okay. >> My property is on the market like I I'm going to sell it. I'm out. Like I told you last time, >> I recall that yesterday. >> What is the town's response to his
request for additional time? >> We are not in opposition. Okay, let me just check the service documents and then I'll have you show him. So, don't go too far. I'll have you show him the documents just to make sure. >> And I would love to not pay the $200 whatever it is that I paid last time to
come and speak because I have been in constant contact there. >> Don is not requesting that at this time. >> Oh, you're not requesting administrative cost for today's hearing. Okay. >> Correct. And I'd actually like to show
Greg because he's hearing this quote to make sure that this seems in line with what he wants. >> You can meet with him after the hearing. You can >> We're That's fine. All right, Mr. Suarez, could I ask you
to show these documents to the respondent? >> Thank you, sir. That's the same case file that you saw at the last hearing. Uh, the new documents appear to be on the left, the new service documents for today's hearing. Just take a look at those and let me know if you have any objection. I have
>> Okay. Thank you. Item one on the vote. All right. If I could just see that. Yeah. Sorry. Thank you. >> The next hearing is February 2nd. Can you think you'll have it done by then? >> I would hope so. I'm not a covert installation guy. Apparently, it's going
to take him two days to do it. Um, and you have to go out there before, middle, and after. >> So, I would assume I do mortgages. I don't do culverts. >> It should be able to get done within that time period if everything goes well. >> I really hope so. I I kind of just want this done.
>> Yeah. The contractor stays in contact with me and go in a day pretty quick. >> Okay. And no permits. No, >> he has a permit. Whatever he has is sufficient for what he needs to do for a permit. Okay. Okay, >> I just have to go through my inspections.
>> I guess 22 is a Monday. You typically do your reinspections the morning of the hearings. Is that right? If I do do me to do a Friday compliance date then? >> Yes, ma'am. That would be fine. be give you just shy of the
be January 30th will be the compliance date. All right. >> Mr. Marts, anything else you'd like me to hear? >> No. Anything else from the town? >> Nothing further.
>> All right. In case C25-28, uh, I'll enter the town's evidentiary case files composite exhibit one without objection. I'll find based on the affidavit of service in the case file, uh, that the town had legally sufficient service for this morning's hearing. Based on the
testimony of the uh respondent in the town, I will grant a continuence in this matter, I'll establish a new compliance date of January 30th, which is the Friday before the next hearing. Uh, and I'll reset this for status/fine assessment hearing on February 2nd, 2026, and I'll maintain the prior fine
amount of 250 per day. Sounds like you've been in touch with the town, but continue to do that as you go through this process. Um, I will not impose any uh administrative costs. The town is not asking for any, so I won't impose any uh for today's hearing. And with all due respect, I hope I don't see you again. It sounds like you're going to get it done. Uh, so best of luck to you.
>> Thank you, sir. >> You have my email correct? >> Yeah, my email. >> Okay. Thank you. >> No problem. Thank you, sir. >> All right. Next one. >> Next case. Safar irrevocable trust 15447 San Diego Drive. Uh, case number C25-42.
Code sections 05040. Permits required. Expiration of permits and development orders. FBC Florida Building Code 105.1. Building permit required. I will turn this over to my code enforcement officer. >> Morning, your honor. For the record, co-
compliance officer John Suarez is presenting KCE2542 in reference to the property located at 15447 San Diego Drive. The order finding violation was posted at 15447 San Diego Drive on December 2nd, 2025. Copy of the A copy of the order finding violations
was mailed via certified mail to the property owner of record as listed by the Palm Beach County property appraiser on December 2nd, 2025. A copy of the order was also posted at a town hall, same date. The violations that exist are section 05040
permit required for illegal conversion including the Florida building code 105.1 work without permit. the violation remain at the property at this time. Well, he he did submit a permit January 2nd, 2026, last week. Um,
the conversion still stands. I went there this morning, took a photo, and at this time the town would let Mr. >> So, he submitted an application last week. >> Submit application. >> Okay. But uh during last hearing it was said
he was supposed to obtain the permit by this time >> and the date of the permit was what did you say? >> January 2nd 20126. >> Okay. All right. Your names for the record. >> Uh good morning. I'm Shahab Shok.
>> Spell that for me. >> S H A H A B. Last name S H A U K A T. >> All right. And can I see your case file, Mr. Suarez? >> Yes, sir. >> And what's your uh relation to the trust, sir?
>> Uh property manager. >> Okay. >> So, the town is telling me that you applied for a permit last week. Is that >> that is accurate? So, initially we had applied for a permit um right before the previous hearing and um
I have a I have a copy of that as well, but um basically due to a um I'm assuming a glitch in the system where the MGO is the same as the one that's used by town of South Palm Beach, it somehow went to that and the last
hearing was right before Thanksgiving. our GC was out of town for Thanksgiving and a long uh period of uh December. So, it's just as soon as I was able to get him to resubmit everything is when it was resubmitted.
So, due to the holidays, he wasn't able to work on it. But, I mean, I I do have a copy of what was submitted prior to the previous >> Okay. >> Yes. >> Show that to Mr. Suarez. Uh, and he'll show it to whoever from the town if
anybody else wants to look at it. And then I'll take a look. >> This the it has I have one on my phone too that shows the address and see it. I didn't put that one out. >> All right. >> You can be those.
[Music] Was this submitted by your contractor? >> Yes, it was. >> Okay. >> It was submitted by my contractor prior to the previous meeting that we had over here. So, if you look here, um, this is the one that you have. And
then this is the one right now. And then this is the one that even shows the address. Um, [Music] then it has that number over there. So somehow there was a glitch because the NGO is the team.
>> But this is obviously this is prior to our previous meeting. >> This is prior to the uh the 25th or the 24th when we had a meeting over here. >> Okay. But what I'm getting at is your contractor needs to be aware of where he
is submitting for the permit. I completely that's why we did not know that you had submitted because it did not come to our jurisdiction >> right >> so he needs to pay better attention >> to what he >> I really understand and the whole time
pretty much since the last me hearing over here I've been trying to get in contact with him he's finished and he was in Finland shortly after um right after that meeting for Thanksgiving and then he didn't get back till around the 18th 18th 18 or 20th. So that was that
was the issue. I kept trying to contact him, contact him, and when I did finally contact him, he did apply for it. But I mean, you know, this is an issue that has been go ongoing since 2023. >> This is since since 2023, we've been dealing with this. >> Um,
>> yeah, that's what that's what I'm worried about. And you just submitted application. >> We did get a Sorry. >> So why is it taking so long to get a permit? I mean, >> so initially we did submit for a permit and this is in 2023. We were we were
given uh a revision that we need to get done. We submitted that as well. After which the we were having issues that the town had said that we're not going to be able to split the lot anymore. >> Initially they had agreed that we would split the lot. That's when we started working on this and then they said no,
we're not going to split the lot. And during that time, we actually had to get an attorney involved to get the lot split. >> Okay. >> Now the lot is split and we're just trying to get everything into compliance. >> What's your contractor saying now? So you apply >> everything is submitted. So whatever if
we get a revisions for this, we'll take care of those and uh we should be on track to get everything permitted and done. Right. >> All right. Is does the town have any objection to the documents that he handed you? >> We have no objection. Just we wanted to note that is it does appear to be the
town of >> well not our town South Palm Beach. >> Yeah. >> All right. Can I take a look at those please? And sir, can the town keep a copy of those? >> Yeah, you can keep those. >> Okay. I'm going to put them in the case. >> I have another one that actually shows the address as well showing 15427 San Diego Drive.
And I think I think what Miss Thomas is trying to tell you is that this is not a glitch in the system. This is your contractor applied to the wrong jurisdiction. So when you say a glitch in the system, that's not what that means. That's the error. >> When he told me, but I I do agree that that is something that he could have paid attention to. And when he sent me
that, I should have paid attention. >> Well, and that's fine as long as you make sure you take that with him and he fixes that going forward because you're never going to get through a system if you apply to the wrong town. You're never going to get through the process. >> He is in the right system now. And it's just that the system has changed, you know, since before. So,
>> yeah. Yeah. >> So, what let me ask the town, what is what is the town seeking in terms of remedy today? >> Works. The town is requesting implementation of fines today at account of $250 a day per
violation until the permit is obtained, reviewed, passed, and obtained. >> That is due to the nature of how long this is taking. Have comments gone out from the submittal from last week. What's the turnaround usually on that?
>> That I don't know. I don't know how far if they're backed up, if permitting is backed up. I did confer with them this morning that it was just submitted on Friday. Um they have not had a chance to look at it as of yet. >> The second was Friday, I guess. Yeah.
Okay. Okay. >> All right. F5. >> So the the difficulty, sir, in terms of where we are in the process is I gave you in December on December 1st at the last hearing, I gave you a a date by
which you needed the permits issued. The testimony today is that you applied the day before the hearing. Your contractor applied the day before the hearing. So I don't really have any choice other than to to start the fines running. Once you're in full compliance, you can request a fine mitigation hearing and
you can come back to me and ask for the fines to be reduced. But, you know, your contractor making a mistake and not submitting until the day before the hearing is not and him being on vacation. I mean, I there's not much I can do with that in terms of, you know, that's not really due diligence.
That's you were given a date to comply. Your contractor disappeared on vacation and here we are. >> I understand. So >> my my only my only thing is we were previously issued a permit back in 2024. We were or we had already submitted for
everything and the only reason that stopped is because we had to we had to get the lot split and we were told that. So everything that we've done even even all the plans we've met with Jack we've met with everybody at the town continuously and whatever they have
requested is exactly what we have done. So they asked us to set up. >> Yeah. Bring all that to me at a fine mitigation hearing because I will certainly take all that into consideration. You know, the name of this this respondent is very familiar. There have been hearings. I call this name. So >> bring all of that back to me at the fine
mitigation hearing. Bring me a timeline of what happened, what you had to do, you know, everything that you think caused there to be a delay, and I will certainly consider all of that in in reducing the fines. My goal is not to be punitive here. My goal is to make sure you get a path toward compliance. But I don't have the evidence here. this
morning to s you know if you had applied for the permit on December 2nd after that you left this hearing and it was in the town's court and they were dropping the ball on processing it I would give you more time but applying the day before the hearing and on the day of compliance of making application is not
uh necessarily a good faith effort in in terms of getting complied >> I understand that but my only thing is that now that we have submitted it whatever time is going to take it's on the town so it's not >> well not necessar necessarily within our if you had applied the day after you
left the last hearing, you would have had a month to get through that process. So understand, >> but I will take that in consideration. So if if you bring back to me at a fine mitigation hearing when you submitted the permit, when you got comments back from the town, if it took him two weeks to review the permit, I will consider that at the hearing and I will not penalize you for for time that the town
was reviewing. But there is, you know, there is a reasonable amount of time to review all things. So, um, but it's not reasonable for them to have reviewed something on Monday morning that was submitted on Friday. That that's that's not reasonable. So, but bring all that back to me. The system gives you a date
chronology of of when you submitted, when comments were issued. Bring all that back to me at a fine mitigation hearing once you have the permit in hand, and I'm happy to review that uh, and factor in all those things in reducing the fine because again, my goal is to make sure that you get a permit. My concern is that we're 3 years later and there's still no permit. I know
there's a lot of extenduating circumstances there, but the ultimate goal is for you to get a permit issued. >> Right. >> Your magistrate, I just confirmed with the um building the permitting department. They are trying to process it and get it
reviewed now, but it is going to be kicked back. the permit will be kicked back because it doesn't meet the sufficiency uh review for I guess whatever the building is required to have.
That's what they just told me. The value of the job is listed as $30,000 and uh they said that doesn't meet the sufficiency for this house cuz it's not
really a house. >> All right. >> Right. But it was it was already grandfathered in as a residence before the town existed. We've already gone through that. We were allowed to rent it out. We were given paperwork from the town stating that we're allowed to rent it out and that it is grandfathered in
as a residence because it existed as a residence before. >> Yeah, that all may be well and true. That's not within my purview today. >> You'll have to deal with the permit side on that. I I can't do anything about that today. But >> if I may, >> yeah,
>> the only thing is that if this this paper that I have right here 3 years ago, we submitted the exact same paperwork and this is the review that we were given. So how is it that now 3 years later everything has been updated once, twice, three times and we're still
getting back that now there's some other issue. So I just want to know that there's a good faith e effort not just on our part but also on the town's part to actually get this resolved. So, >> and not >> what I would encourage you to do is you're going to have to talk to the permit department. I I don't know the answers to those things. I I can't speak
to them. Um >> I feel like here like every time we come back with something there's a different there's a different problem. >> Like I can I can give you this. This is what we were given. >> It won't do anything. That's >> these are the review. >> Won't do anything for me in terms of code enforcement, right?
>> Um you can bring it back to me at fine mitigation hearing. You can certainly bring back whatever you want to show me then. Um hopefully whatever needs to be corrected is a minimal correction. Um but you'll have to deal with the right department. That is not that's not something I can assist with this morning. Um
>> your magistrate um the lead permit tech Sandra Solar will be in in just a moment. She's printing up what she has and she can testify that in 2024 the town did not have the necessary documents.
>> Well, I don't I'm not sure that that has any bearing on the code enforcement hearing though. I think I think we're getting into the weeds on something that doesn't need to be complicated here. Um I think that's a separate thing. So I would encourage him and maybe he can meet with her after the hearing. Um I I I think that may just complicate things
going forward. Um >> All right. And just so the record is clear, no permit has been issued in this case. Is that correct, Mr. Suarez? >> That is correct. And there's only one permit that's required, right? It's all in one application. >> Yes. >> All right.
All right. Anything else from you, sir? >> Um I don't know if it makes any difference to to what we're doing right now. But I also have uh the fees that we pay that were based on the same amount previously that when it was we were told
to pay these fees based on the amount that they're >> So that's that's a separate permit, but that's something to meet with hopefully whoever the the permit person is. You can meet with them hopefully after this hearing. >> Yeah. >> All right. Anything else from the town?
>> Nothing further, your honor. The third >> are the administrative costs for today's hearing. No one at this time is not requesting administration clause. >> All right. So, in case number 25-42, I'm going to enter the town's
evidentiary case files composite ex. Actually, I didn't show those to you. Let me Did you look at this case file, sir? >> I did not. >> You did not. >> Mr. Suarez, can you show this to him? It should be the same case file. It It not should be. It is the same case file you reviewed at the prior hearing with
the new documentation on the top. So, go ahead and take a look at those documents. This is >> any objection to the cake file being entered. Okay. Thank you, sir. So, with that, I'll enter the town's evidentiary case files composite exhibit one without objection. I'll also enter respondents
exhibits uh which are marked composite exhibit R2 uh without objection by the town. and I'll put those in the case file and ask that the town lead those in there as part of the case file moving forward uh based on the affidavit of
service that's in the case file as well as the actual service um by virtue of respondents appearance at the prior hearing I'll find that there is uh legally sufficient service for today's hearing I'll find in this case that The prior order finding violation which was
dated December 1st, 2025 required the respondent to comply with the listed code sections on or before January 2nd, 2026. The testimony here this morning uh from the town and also the respondent is that the uh permit application has been made but the permits have not been
issued. So the the uh violations remain as of today and uh will continue to remain until the permits are issued in this matter. So given that I will assess a fine in the amount of $750 and continuing to acrew at $250 per day
until uh compliance is achieved in this case. I will not assess any administrative costs for today's hearing. Were the prior administrative costs paid? I'm not sure, your honor. I don't recall paying the administrative costs. I'm >> not sure.
>> All right. I'll have the order reaffirm those in the event that they are not paid. >> Thank you, your honor. >> And those were in the amount of 23405 for the December 1st hearing and again, no administrative costs for today's hearing. So, um, the
fine will continue to run. So, as I told you, once you are in compliance, once you have the permits issued, you can come back to me. you can request from the town a fine mitigation hearing. You can come back and ask for the fine to be reduced. I would certainly ask that you bring to me at that hearing exactly what's happened from the December hearing uh through whenever you get back
to me at the fine mitigation hearing because your goal there is to show me that you've done everything you could to get through this process and get your permits as quickly as you could. Uh and and to show me that any delays were not the result of your contractor or yourself. uh and paint me a picture of of you know why the fine should be
reduced is the goal at that hearing. So uh hopefully you can get the comments addressed whatever they are in the permit system quickly. I would encourage you to meet with whoever they're they're referencing in terms of finding out what those are sooner rather than later so you can get them back to your contractor and get them resolved. Okay, >> I understand. >> All right. Best of luck to you, sir.
Thank you. Next case 27. The next case, your honor, will be um case CE25522793 C road. For the record, code compliance officer
John Suare is presenting case C2552 in reference to the property located at 2793C road. The notice of the violation notice of hearing was posted at 2793C road on November 20th, 2025. have a copy of the notice of violation notice of hearing was mailed via certified mail to
the property owner of record as listed by the Palm Beach County property appraiser on November 20th, 20125. A copy of the order was posted at town hall and same dates. The violations that exist are section 135A, a business tax receipt required,
Florida building code 105.1, work without permit. There are structures without permit that have been altered on the property or erected. Section 200017 prohibited use. Uh the parcel was purchased by the >> was that section that's not on the
agenda. >> Um section 200017 prohibited use. >> 20-017. Okay. Sorry. Thank you. Yep. Got it. >> The parcel was purchased by the uh Valenuela family on August 27th, 2015.
Since then, there have been multiple structures erected and altered without a permit. Uh the town does have pictures as well as aerial view from the county uh website. There are no permits on file for the structures on the property from either the county or the town.
The property use code is 6,000 AG classification grail class one according to the Palm Beach Property Appraiser. Um there are two active LLC's per sunbiz.org. There are no business tax receipts with the town or history of
business tax receipts with the town. The property owner has stated in the past there is storage on the property that pertains to his business and his business name is complete clearing connections LLC which I have a printout copy from sunbiz.org.
Uh storage of this business is not pertinent or incidental use to the property. At this time, we are requesting 30 days to apply for all necessary permits regarding the structures that were altered or erected since 2015.
30 days to remove any storage that is now for incidental use and 30 days and I'm sorry, ma'am, 15 days to obtain the necessary business tax receipts for the property. Uh, regarding the necessary permits, we
want them applied and obtained. Sorry that about that, your honor. >> And so I'm I'm not think I'm following the prohibited use. What's the prohibited use? The clearing company. >> So they have a storage for their cleaning company for its fences and pole barns that they build. And because of
the property use code, it's just not incidental use to the property. It's it's it's not used for the property, so it's just not allowed because it's for their pole barn business. Like a bunch of construction materials or >> construction material including pipes
and whatnot. >> It's it's it's material that goes in and out of the property based on whatever job they have throughout the county or neighboring counties. And we do have their neighbor here to testify on that as well. All right, let me see your case file if
I could. Thank you. And your honor, just so they're aware, um there's a FDA that was submitted applied for. >> Is that what was on the top of the file here? >> Yes. >> Okay. >> And it lists some of the buildings that are on the property. And one of them is
a horse barn/ apartment that was listed on the FDA. And this permit was issued by the town. >> It was issued by the town. It's >> still open. >> Was Well, I don't understand.
>> So, was issued by the town and they're in the process of >> They haven't completed the work. It's not complete. Okay. >> Okay. Have you had any communication with the respondents? >> I have had email um communication with
their representative, Mr. Don Duffrey, but um we have not resolved any issues yet, but I have been in in a email correspondence with him. As far as uh the violations and ways of
complaint Byebye. The two sun businesses that you have that have the principal address at this address 2793 C road are the Borisil Solutions and >> yeah those two are active to the property
>> BM group LLC but the other when you testified about them having um business materials or whatever at the property, but that that business is not listed at this address. >> That that is correct. It's just proof that they have a business and that
business is to the Peninsula name, which is the property owner to the address. That's just I printed that out just to prove that that's the name of the business and that's the business that they're using to store material there.
Were there signs on the property that had that business name? I guess how are you making that connection? >> Um, it was through conversation with the property owner. He even handed me his business card, which I do not have with the case file. I'm sorry, your honor, but that was over our communication over
the summer uh regarding a prior case. Okay. And do you I don't see in the photographs any of the outdoor storage. Do you have photographs of the outdoor storage? >> Um I do. Let me uh obtain that. >> Okay. >> Do you have to go print them? Yeah.
>> Um they are printed. I just have in my office. >> Okay. And while he's grabbing those, do you want to just say something? Ma'am, can you give me your name? >> There we go. >> Here we go. You can hear me? >> Yeah. >> Okay. Good morning. My name is Jane
Cleveland and I own the property adjacent to the south at 2731 C Road. I purchased a property in no January of 2018 at which point there was no commercial activity, no storage, no activity at all of any commercial business. Um I relied heavily in my due
diligence on zoning. It's a residential which is contrary to the current use which is industrial. This case is much bigger a saga than what we're seeing today. um my neighbor to the immediate east and I approached the town in February and we have been meeting with the town and sending letters and
addressing the various issues since then. This is a third magistrate hearing on this particular issue. Um the first one was in June, second was in September. Here we are today. Um it began with um my complaint that we had
an industrial use immediately adjacent to my horse training facilities. I invested way more than I should have in a horse barn. Um, and again did did my due diligence and made sure that my investment was sound and safe and in an area that was zoned agricultural.
>> Um, so when industrial warehouses and activity was showing up on the property line next to my horse training facilities, I'm concerned about me, my horses, my clients, and their safety. So I addressed it with the town. Um the issue of land use was brought up in
June and then again in September. Um the town uh stated that the the uh owner was in compliance in and in fact they were not. Um so here we are again. Um there was an FDA issue. There was there is a
pond on the extreme east end of the property which the property owner was filling at the time. In the spring the town issued a stop work order. I believe that was thrown in the canal. The work continued on the evenings and the weekends and we came to the hearings in
June and September. An FDA permit was submitted to the town on the western half of the property. I don't understand how you can ask for an FDA permit on a parcel of property and the property only owner submits and is accepted on the eastern five acre excuse me the western
five acres of the property not even where the pond is. I'm aware of it because when I had to build my farm, I had to build a number of septic fields and all of it was calculated based on where there was existing water including that pond. So, as I built the farm,
address septic issues, adjacency to standing water in ponds, electrical code compliance, plumbing code compliance, it was concerning to me. That's why I brought it up. Along the way since my purchase of the property, not only did the industrial use commence and continue
as it does today at this moment. When you let me just ask you what you mean by industrial >> uh warehouses for storage, trucks coming in and out, uh um supplies stored on site, heavy vehicles, um all the noise that goes along with heavy vehicles, moving in and out with storage
equipment. >> Okay, go ahead. um since I bought the property and um the commercial use commenced also new buildings were constructed. Um the property owner is in the pole barn
business which is basically heavy 4x4 lumber with a you know sort of a lightweight steel roof. Um, I watched a fairly large pole barn get constructed and then converted to a residence and I
know for sure that's not co in codes compliance. Um, and that was brought up in June and not addressed and not addressed in September. So, here we are again. So, um, I hate to be the bad neighbor, but I it all started with I can't have courses and and clients
getting very hurt with the noise and the commotion of of industrial use right on top of my property. >> Okay. Thank you for that testimony. So, let me just ask the town for clarification. This is a new case. There were prior cases on this site that were heard previously, but none had these
same code sections. Is that accurate? >> It's accurate regarding the FDA. The only prior uh code that is being used is the prohibited use. That's a section 20-017. >> So, is there already a fine running for prohibited use?
>> There is not. We we complied that and it seems to be ongoing after that. We complied it and appears the trucks are still coming in. The business is still attributed to the property. Um we were just had lack the
manpower at the time to you know park in front see what business coming in and out because at the end of the day it's down a um a private road. The town is just not allowed going into private property and their entrance that they use is down this private road. >> Okay.
So, most of the photos that we can take are really from Miss Cleveland's property to the south, I believe. And their entrance that they mainly use is to the north. Okay. And you can see in the areas, your
honor, from 2015 to now of how many buildings were either altered or erected, there are there are just absolutely no permits on file. And including that's a re- roofing. >> Is this this property is all on septic then and wells?
>> These are big buildings to be electric electrical. I mean, how are these getting plumbed and powered with no permits from the town? That seems very strange to me for the size of these buildings. But if your testimony is there's no permits, uh
it's that surprises me cuz these are big buildings. >> So with the septic that would be separate from us. They would have to apply with the department of health. So we would not know but regarding anything else there's nothing. >> How is is there does the town provide water or is it >> through well?
>> It's through well water. >> So it's easier to do then. All right. And the business tax receipt evidence is that you have the sun business which are active at these locations. So compliance there is either get the business tax receipt or change
the principal address to an address that's not at this location. >> Correct. >> All right. And just for the record, what's allowed in the um zoning district? >> Anything that is allowed through the property use code, which is gra soil. So it's essentially soil that's attributed
to their bonafideed agricultural use. Um, >> so no commercial businesses, no industrial businesses, no storage of >> construction materials. Just so the record is clear, what's not allowed. >> That is correct. That is not incidental use to the property use.
>> All right. >> And on the BTR applications, you are asking for 15 days. Is that >> That is correct. They could obtain that fairly quickly, your honor. then it would just they would just have to show up here in town hall and pay the required business tax fee. >> Okay.
>> My concern is they're not here today. So, you're going to send these orders out certified mail, which is going to take 5 days. So, I'm probably going to give them 30 days just just to make sure they have time to get them. Um, like you said, that should be quick. I I guess I'll give them 20 I'll give them 20
days. That that should be enough time, but I want to make sure they have time to get the mail since they're not here. >> That's fair, your honor. >> Um, and then you were asking for 30 days on the rest. >> Yes. >> On the permits and the removal of whatever's I guess the sessation of the prohibited uses and removal of all these
stored items. All right. So, 30 days from today, then tease this up for a fine assessment hearing in March presumably, right? Because we won't we won't make the February hearing. So 30 days from today would be
February 5th. And what fine amount were you seeking? One second, your honor. Your honor, instead of doing for the March hearing, can we move it to a second hearing in February, which would be February 18th?
>> Yeah, that's fine. And just so the town is clear, I was not intending to give them more time. I'm going to give them the 30 days to comply. So whether it goes to the February 18th or the March hearing, doesn't matter. I'm going to start the fine on the same day. >> Okay. Okay. We can just leave it on March as long as I just want to make sure that we're
>> Yeah. No, I wasn't intending to give them any more time. It just there's just not 30 days between this hearing and the February 2nd hearing. So that was the only reason for the >> for that date. So, the town is requesting a fine of $250 per day per violation to be assessed upon
non-compliance. Additionally, it is recommended that the administrative cost incurred in the amount of $2345 be assessed in order to be paid to the town of Lockache Groves. >> Did you have a cost recovery sheet in here?
>> I do not, your honor. I I can grab one for the for the record. Yeah, go ahead and grab one if you can before I make a final ruling on that so that it's included in the case file that I enter. No thanks. All right. Anything further?
>> Nothing further, your honor. >> Go ahead, ma'am. Please be brief. There's a bunch of other cases on the agenda. >> Just real quick, uh, what about the FDA permit? >> That's not part of this case. But do we need to refile it? >> I you'll have to speak with the town. I don't know. >> I have a question for you, please. We
have spent so much time with the town and like I've got multiple letters saying asking this very question. You know, the complaint was about the the waterway to the extreme east. They filed a complaint asked for an FDA. The FDA permits for the west half of the property that doesn't even include the
pond. >> Yeah, that's not I I >> So, what do I do? >> Yeah, I can't address that today. Th that that violation is not part of this this case that's on the agenda for today. So, >> where's the higher remedy if the town doesn't enforce these things? What do I do?
>> I I can't assist you with that. My job here today is to process code enforcement violations for the town. I can't speak to that. >> Okay, we have a problem here. >> I would encourage you to talk to the town attorney. >> We've meet multiple multiple multiple meetings. >> Okay. Well, again, I'm sorry that that's not on today's agenda, so I can't I
can't discuss that today. All right. In case 2552, I'm going to enter the town's evidentiary case files composite exhibit one without objection. I'm going to note for the record that the respondents are not present at today's hearing. I'll find based on the affidavit of service in the case file
that the town had legally sufficient service for today's hearing. I'll find based on the testimony of the code enforcement officers as well as the documents in the case file that the respondents are in violation of sections 105.1 22135A
and 20-017 in terms of uh required compliance dates for the violation of 22135A which is the failure to obtain a business tax receipt for two businesses is
>> BMFL Group LLC and Borisil Solutions LLC, which are both listed as having principal addresses at 2793C Road, that the respondents need to comply with that section on or before January 25th
or a $250 per day fine will be assessed for the each day that that violation continues to exist. In the event of non-compliance by January 5 25th, excuse me, uh this matter will be set for fine assessment hearing on March 2nd, 2026
for the violations of sections 105.1 and 20-017. I'll require respondents to comply with those code sections on or before February 5th. Uh or I will assess a $250 per day fine for each day the violations continue after that date of compliance.
Again, I'll set that matter or those violations rather for a fine assessment hearing on March 2nd, 2026 in the event that those violations are not cured by that date of compliance. And because I have found the respondents in violation of the listed code sections, I'll assess the town's
administrative costs for today in the amount of 23405 uh payable within 30 days. All right, next case. >> Next case is Jose and Ramon uh Valerino.
Address is 2241A Road. Case number 2540000001. Code sections. Code of ordinance 30-6 keeping of film property 20-017 prohibited use 20-010G1
general provisions. I will turn this over to my code compliance officer. Your honor, for the record, co- compliance officer John Suire has presented case 25504001 in reference to the property located at 2241. Um
the notice of hearing along with the special magistrates's order was posted at 2241 on September 18th, 2025. A copy of the notices were mailed certified to the property owner on file from the Palm Beach County property appraiser on September 18th, 2025. Copy of the notices were also posted at town hall on
the same day. Um, the violations I went there this morning, your honor, the violations that exist and still exist are keeping of fill, section 30-6, also section 20-017 prohibited use, and also section 20-0
G1 outdoor storage. Uh, the property's use code is still vacant at this time. I have had no further communication with the property owner at this time. The the town is requesting um to implement the
fines at $250 per day per violation. Additionally, >> so this is not a continuence hearing. >> Have no contact. It's still vacant and the fine still well the violation still exists which means they still have trailers on there fill throughout the
property machinery and um we're still using it. It's supposed to be a vacant land and still being used for hay business and um dirt filtering. So, did did the prior order that I
signed set this for hearing today or was this continued previously or >> The order that you had was a order resetting by an assessment hearing. >> You kind of gave him additional time to kind of change his property use code. >> Okay.
>> That has not happened yet. >> All right. I'll take a look if you're done with your testimony. Thank you. Is the respondent present for this case? Has the town heard anything from them? >> I have not. We have not.
He was aware at the last hearing it was to be reset in January 5th. Besides a proper notice service that we uh we did Is there a violation order in here? >> Yeah, you're referring to the fine assessment, the resetting fination
order. Yeah, here it is. So, I'm just trying to figure out how far because I didn't give them a new compliance date, which I don't like doing at the last hearing because now here we are and there's no compliance date and they didn't come through. So, that's why I don't like to just reset them typically because this is what happens.
>> I understand. >> Um, what is the town seeking in terms of remedy today? >> We're seeking implementation of fines starting today at a fine of $250 per day per violation, including administrative costs at $2345.
This goes all the way back to August. Now All right, the violation order set the fines at 150. So that's the fine amount that I'm going to impose because that's what my prior order uh listed and no really no communication from them
since September. >> None in the recent months. Oh, they weren't here at that hearing either. All right. So, your testimony is all Are there pictures in here of the
There are pictures that I took this morning. It should be the ones all the way to the rear if I'm not mistaken. Showing the trailers and the fill and machinery. [Music]
or are there pictures of the fill still there? Um, you can tell there's a fill around the property as it's not as prior pictures where he had almost like a hill of fill throughout the property, but it's still it's like all the way in
the back by the machine. If you see the machine in the picture because the fill also includes like a burm that he surrounded the property with. You know, again, it was supposed to be a vacant land. You can tell there's size of landscape growing. It's growing
on top of fill. >> And what's the prohibit prohibited use again? >> Uh the prohibited use is the hay business. Anything that goes on on the property is prohibited use. So he they do have signs of hay business >> and they're still up today. Oh yeah. And that's what the trucks are. >> Those what the trailers are. That is a
constant. >> Okay. And then do you have uh cost recovery for today? >> I do. And I believe I placed it in the back of that sheet on the right hand side in the back of the papers at $2345. fence.
And were the previous admin costs paid? They were not your >> So I presume you want those reaffirmed? >> Yes, your honor. >> August 4. All right. Anything
further? >> Nothing further. >> All right. In case 254001, I'll note for the record that the respondent uh the respondents rather are not present at this hearing. I'll uh find legal service by virtue of the
affidavit of posting affidavit of service which is in the case file as well as the USPS delivery confirmation showing uh that the prior certified mail was delivered on November 4.
Based on the testimony of the code enforcement officer, I'll find that the respondents remain in violation of sections 30-6, 20-017, and 20-010 G1. I'll note that the prior order uh finding violation from August 4th
required compliance by September 5th or a fine of $150 per day. There was a subsequent order resetting fine assessment hearing that I signed on September 17th uh resetting this matter to today's hearing that was essentially
uh a 90-day uh additional time to comply with those code sections. So there have been essentially four months given to the respondent to comply with these sections. So given uh that respondents are not here today and given that the fines continue to exist as of this
morning's hearing, I'm going to assess a fine in the amount of $150 and that fine will continue to acrew at $150 per day until compliance is achieved. I'll reaffirm the town's administrative costs from the August 4th, 2025 hearing which remain unpaid and I'll award the
town's administrative cost for today's hearing and again the amount of 23405. both of those again payable within 30 days. >> Just want to clarify it's 150 per violation per day. >> That is not how the prior order was phrased. >> Okay. Just want to that's why I want to
clarify. >> Yeah. The prior order was just $150 per day. Yeah. So given the way that that was worded. >> Understood. >> That's how that will remain. >> All right. I'll sign an order that reflects that this afternoon.
Next case. >> Next case, we have four that are under the request for authorization to foreclose on leans. If it's okay with the special magistrate, I'll read them all in. They would obviously need separate orders for each one. Uh, first one is SQ Farms LLC 1300D road, case
number 23050020, code sections 05-041 040 A through B. Permits required expiration of permits and development orders 175-110 permits required
175-10 general 175-240 authorization. Uh the fine for violations through January 5, 2026 have acred to $22,21855 and will continue to acrue at 250 per
day. Second case is case number 23040018 code section Florida statutes 205 05 053 delinquency of required business tax receipt fine as followed for forclosure. The lean for violation has acred to $1,125.
This is the total for delinquency and maximum fines. Third case 2340012 code sections 20-050 A1 recreational vehicles 20-050 A2 recreational vehicles and ULDC
20-05085 recreational vehicles uh lean for the violations have accred through February 5th 2026 to 239,469 and will continue to acrue at 250 per day. Last case is 2018-0574
code section ULDC article 5 section040 lean for the violation has acred through January 5th 2026 the amount of $354,150 and will continue to crew at $150 per day. Um I will turn this over to the town attorney.
>> Good morning honor Jeff Kurts. on. Uh Jeff Curts, town attorney. Um and I've got here Mr. Stambar who represents SQ Farms. Uh the situation is that we
have a couple of inspections um and task to accomplish over the next couple of weeks at which point time we anticipate that the property will be in compliance.
uh and they will file a uh motion to mitigate the um outstanding fine and we would agree to the continuence of this proceeding until the February 2nd date and then you can uh consider both of
those um actions at the same time. Um so that's the the status of it. I think Mr. Shambball is willing to stipulate to service cases today. >> Uh yes. Uh good morning honor. We we
stipulated a consent to this >> and what what's your appearance? What's your name, sir? >> Your name? >> Reginald Stanall on behalf of Sescue Farms. And here with me is Shamir Curesi is the
representative of the respondent. >> Spell your last name, Mr. Sambbo >> S T A Mary >> B A U G H >> All right. So, you're in agreement uh you're stipulating the service in all
four cases and you're agreeing to the continuence to March, excuse me, February 2nd, 2026. We just asked to have the hearing on the second and I'll file the necessary uh paperwork to get the uh request for
mitigation and reduction. And I guess I'll I never mind. I'll leave that to the town. Um it would seem weird to me that both requests would be on the same agenda. So, but I'll leave that to the town. Um, >> we're not necessarily going to be in uh
support of their uh motion to mitigate. >> Yes. >> That being said, we're going to do our best to present it and if we have to ask for a deferral at that time, we would, but we're going to try to get everything taken care of on the second.
>> All right. Anything further from either party? All right, I'm going to rattle these off then uh because there will be four separate orders. So in case 23050020, um
I the respondents council is present and has stipulated to service for this morning's hearing. Uh given that stipulation, I will grant the mutually agreed continuence and reset this matter for foreclosure authorization hearing on February 2nd, 2026
at 9:00 a.m. in case 23040018. Again, respondents council is present and as stipulated to service uh for this morning's hearing. I will again grant the mutually agreed continuence and reset this for foreclosure authorization hearing on February 2nd, 2026.
In case 23040012, again, respondents council is present and as stipulated to service for this morning's hearing, I'll again grant the mutually agreed continuence and reset this foreclosure authorization hearing to February 2nd, 2026.
And in case 2018-0574, again, respondents council is present and is stipulated to service for this morning's hearing. I'll grant the mutually agreed continuence and reset this foreclosure authorization hearing for February 2nd, 2026. All right, I will see you next month.
Thank you. All right, that appears to be it. >> No further matters before. All >> right, with that, I'll adjourn this hearing at 10:23. Thank you. >> Thank you.