Loxahatchee Groves Magistrate Grants Continuances in Code Violation Cases
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Meeting Type:
Special Magistrate
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Meeting Date:
06/19/2024
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Recording Published:
06/19/2024
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Duration:
176 Minutes
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State:
Florida
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County:
Palm Beach County
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Towns:
Loxahatchee Groves
- Meeting Overview:
In the latest Loxahatchee Groves Magistrate meeting, several continuances were granted for cases involving code violations, with one notable issue being the storage of shipping containers on a property for over six years. The magistrate granted the respondent 60 days to remove the containers. Furthermore, a respondent was provided an additional 60 days to comply with an FDA permit for a different case, and another was given time to work on a mitigation plan for unauthorized tree removal. Administrative costs and fine reductions were also deliberated, with one fine being reduced due to the respondent’s efforts to rectify the violations.
The meeting commenced with a case that had been ongoing due to the storage of cargo containers on a property, which the town’s code classified as a prohibited use. The respondent’s counsel highlighted the challenges in relocating the containers, including logistical issues such as flat tires and the requirement for special moving equipment. The magistrate responded to these concerns by giving the respondent a two-month window to address the issue. If the containers were not removed by the set date, a fine assessment hearing would be scheduled for August 21st.
In a related matter, the attorney for the property owner of the same case requested a modification to the agenda to discuss another violation concerning the same property. This request reflects the complexities and interconnections of code violations that property owners can face and the legal maneuvers they may employ to address multiple issues concurrently.
The meeting also tackled another case involving a property owner given 60 days to come into compliance with an FDA permit, with the stipulation that they must appear before the magistrate if compliance is not achieved by the deadline. This case underlines the regulatory complexities property owners navigate, especially when federal permits are involved.
A noteworthy discussion revolved around a respondent’s violation related to unauthorized tree removal. The town sought a fine assessment in 60 days to assess compliance with the application for a site plan amendment and set a fine of $250 per day for non-compliance. The respondent had a new survey and was working on a mitigation plan for the trees. However, there was some confusion regarding the site plan, with the magistrate specifying that the ruling would be strictly related to the tree removal without a permit. The respondent was advised to collaborate with the town to comprehend the requirements for a site plan modification.
Another case featured a violation for earth-moving work and the addition of fill material without the required permits. The town requested a 60-day compliance period and imposed a $250 fine per day for non-compliance. The respondent mentioned hiring an engineer and having completed drawings, with the magistrate advising the filing of the application promptly and setting a status hearing on August 21st.
The town presented evidence of violations related to land alteration, flood plain development, and unauthorized placement of fill material in another instance. The property owner argued that the fill material did not fall within the flood plain and questioned the permit’s necessity. However, the magistrate clarified that the town’s code mandated a permit for any earth-moving work or land alteration, regardless of location. The property owner was concerned about the impact on their barn and surroundings, but the magistrate suggested that compliance could include removing the fill material.
Administrative costs for hearings were a topic of financial import. The magistrate set costs at $2,345, payable within 30 days, emphasizing that these costs were mandatory to cover hearing expenses. Additionally, fines for a separate case were not set to commence until the day following the compliance date.
In one case, a respondent requested a hearing for fine reduction related to unpermitted use. The accumulated fines, including administrative fees, totaled $6,420.25. The town proposed cutting the fines by half due to the property’s history of violations. After considering the respondent’s compliance efforts and the costs incurred, the magistrate reduced the fines to $2,172.25, payable within 30 days.
A case involving unpermitted earth-moving work was discussed, with the property owners believed to have engaged an engineering firm, though official confirmation was lacking. The property had a record of complaints regarding land grading changes and was found in violation for not obtaining the required permits. There was no resolution during this segment, but the details of the violation were documented.
In addition, the magistrate adjudicated several other cases involving unpermitted uses, such as truck storage and RV placement on undersized properties, and work without permits for accessory structures and internal remodeling. In these instances, the magistrate granted continuances, allowing the respondents additional time to comply or to be present at a rescheduled hearing.
Laura Danowski
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Meeting Date:
06/19/2024
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Recording Published:
06/19/2024
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Duration:
176 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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