Loxahatchee Groves Magistrate Delves into Business Tax Receipt Violations and Code Compliance Issues
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Meeting Type:
Special Magistrate
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Meeting Date:
12/02/2024
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Recording Published:
12/02/2024
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Duration:
34 Minutes
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State:
Florida
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County:
Palm Beach County
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Towns:
Loxahatchee Groves
- Meeting Overview:
The recent Loxahatchee Groves Magistrate meeting, presided over by Special Magistrate AMD Barnard, focused heavily on code compliance cases involving business tax receipt (BTR) violations and related enforcement actions. Central to the discussions were cases against local businesses and property owners cited for failing to adhere to municipal codes and regulations.
A significant portion of the meeting was dedicated to the case of Palm Beach Property Works LLC, which was cited for delinquent business tax receipts. The business, located on North Road, had not renewed its BTR for 2022 and 2023. Under state law, BTRs are due annually on September 30, and failure to renew by this date results in a delinquency after 150 days, meaning the 2024 BTR would not be delinquent until April 2025. However, the business was already considered delinquent for 2023. The Magistrate discussed potential penalties. The statutory framework allows for a $250 administrative fee and a $250 penalty for accounts that are 150 days delinquent.
Complications arose during the hearing due to the incorrect citation of the specific code section requiring a BTR. The Magistrate recommended re-noticing the violation with the correct section to ensure clarity and compliance. During this discussion, the Town requested to withdraw two additional items from the agenda, citing issues with those cases, and proposed resetting them for future hearings.
In another case, the Magistrate addressed property owner Linda S. Denny, on D Road, for unresolved code violations following a neighborhood improvement inspection. Despite a notice of violation being posted on November 18, 2024, and subsequent attempts to reach the owner, compliance had not been achieved by the inspection on December 2, 2024. The town’s compliance division recommended that Denny be found in violation under code section 23117, with a compliance deadline set for January 1, 2025. Failure to comply would result in fines up to $250 per day, plus costs amounting to $234.5. Barnard questioned the evidence suggesting the operation of a business on the property, as the town staff failed to provide substantial proof of ongoing business activity. Without current documentation to support the allegations, Barnard directed the town to gather additional evidence before the next hearing, which was rescheduled for January 6, 2025.
Similarly, the case involving Diane and John Magowski on North Road highlighted the issue of a delinquent business tax receipt. The property, associated with Palm Beach Property Works LLC, had not responded to compliance notices. The recommendations for penalties mirrored those in Denny’s case, with a proposed compliance deadline of January 1, 2025, and potential fines for continued non-compliance. Concerns were raised about the clarity of the compliance recommendations, prompting Barnard to request modifications for clarity in the process of contact attempts.
The meeting also addressed the case of McCor McColes LLC on Tangerine Drive, which involved code violations for unpermitted construction activities. The property owner had recently applied for the necessary permits. The Magistrate noted that finding the owner in violation prematurely, before the compliance deadline, could lead to an appeal. To prevent such issues, the Magistrate recommended re-noticing the case for a future hearing, allowing ample time for the owner to meet compliance requirements. The town’s attorney agreed with this approach, leading to a consensus that re-noticing was the most prudent course of action.
Laura Danowski
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
12/02/2024
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Recording Published:
12/02/2024
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Duration:
34 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Palm Beach County
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Towns:
Loxahatchee Groves
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