##VIDEO ID:VCYX5K8olj0## e e e e e e e e e e order the uh code enforcement hearing for the town of Loach Groves it's 9:05 on December 2nd my name is AMD Barnard I'll be the special magistrate for today's hearing it looks like based on the agenda that we have uh all violation our fine assessment hearing so a little bit about the process first thing I'm going to do is swear anybody in who's here to testify on any items that are on today agenda including Town staff so if you're here for a code enforcement case if you could stand and raise your right hands for me are you here for a case sir okay very good thank you do you all swear from to tell the truth the whole truth and nothing but the truth and I guess let me confirm with the town is there anybody on the computer online no ma'am okay very good okay seeing that there's no respondents then I will uh withhold the description of process because you all are familiar with the process um so you don't I have approval of minutes on the agenda you don't you don't need approval of those today no ma'am okay very good so with that I don't believe there are any additions or deletions no ma'am all right so I'll turn it to the town for new business to call its cases on the for new business the first case is Linda s Denny eest the address is 850 D Ro the violation is section 22- 11117 oh I'm sorry the case number is 241001 15 to back grov the case number is 24115 the respondent's name is Linda S stand estate the property address is 850d Road Lo Florida this case will stablished proactively as a neighborhood Improvement inspection the N was served by poster notice on November 18th 24 at the property at Town Hall and at the town office the post of notice that mail to the property average service of noov andb entered as evidence the correction date was on November 28 2024 an inspection on December 2nd 2024 found the following items remain beyond the time given and notice in violation of c section 22-17 business TA receip or business P Enterprises please contact front Lo girlsl backg and obtain a business tax receip were taken that barely and accurately represent the violation at that time I request the photographs be entered into evidence staffor fa found respond does not have the pen of ly action or this pendant filed against this property staff conflict with the owner on August 26 2024 I tried calling the owner's phone number on file however it was out of service and contact can not be made the property the property was also posted on November 18th 2024 to the owner of the hearing scheduled further research found on November 25 that the owner doesn't have an active listing of the business through either sunis or dbpr Department of Business and Professional Regulations at this time no contact is yet to be received by the owner and the violation Still Remains the C compliance div recommend the respondent be found in violation of code section 23117 it is recommended that the respondent be given until January 1st 2025 correct the violation or be charged the F not to exceed $250 per day for each day the violation continues to exist it is also recognized the cost incurred by The Code Compliance amount for $234 and5 be assessed and ordered to be paid within 30 days of the date of meeting in the event the co compliance division is not contacted as required and the violation is not corrected it is recommended that a fin assessment hearing be held before the special Magistrate on February 3rd 202 at 9: a.m. at the town of lock gr5 lock gr store it is also recommend that no additional notification of the attempt to post I also have the case okay great can I take a look at that thank you what I heard I heard you say that there's no sunbiz and there's no dbpr what's the evidence that there's a business occurring did initially have a business tax receipt for the Del Fe PID through through the town of box Groves that was back on October of 2021 when they paid for the business tax received for the year of 2022 so they did have it with the town when it was paid for originally but ever since 2022 they have not rened for the past few years is there a business there yes for p me as a Wholesale Nursery but there is no active listing that required with sun where the files and photos are there should be a print out preview business that were p through the town through our town system yeah so I I mean I'm I'm following that that they had a business there in 2022 but what evidence do you have that they're still operating a business there just because they had one in the past doesn't confirm confirm that they're still running a business there so that's that's the dots I'm trying to connect because it looks like it's a vacant piece of property is that right it doesn't look like to be a vacant lot there is no other evidence that points that there's a business currently being active solely the talent was reaching out to several Property Owners with the L business tax receipts throughout the town trying to regain you know homeowners to contact us for the bus re and remain with the to up to 2025 okay that was the town has also in has Tred to reach out to the property owner by phone call and posting of the property with no sucess as the owner has not attempted to reach out through the town okay e let me ask the town attorney I'm I'm not sure that there's evidence here to confirm that there's a business operating there we are not um we don't have any additional information that I'm aware of okay um so I guess for the purposes of today then why don't I reset this for the next hearing and you can look for bring me back I need you don't have enough evidence here for me to confirm that there's in fact a violation so I understand your position that that previously they had a business tax receip with the town but that doesn't mean that they're still operating a business so is there a website I mean is there something that points them the extra time given research there's any listings or any further documentation that shows that there's a bus okay okay so what I'll do then is for today's hearing is there anything further from the town okay so with that in case 241 0015 I'll find based I'll first uh enter the portions of the uh case File that relate to notice into the record is composite exhibit one I'll find based on the Affidavit of posting and the certified mail uh documents in the case while the town had good service for today's hearing I'll reset this hearing uh for this matter for violation hearing rather the next hearing will be on January 6 okay so no mid December okay January 6 yes okay I'll reset this matter for a violation hearing on January 6 2025 at 9:00 a. okay next case the next case is Diane and John magosi and the address is 1 1536 North Road the case number is 24117 comp officer the town of R Angel is your mic can you hear me now yep okay D'Angelo Campo code compliance officer with the town of loan Groves the case number is 24117 the respondent's name is Diana magowski and John magowski the property address is 1 1536 North Road lock hatrick grov Florida this case was established proactively based on a neighborhood Improvement inspection the noov was served by post notice on November 18th 2024 at the property at Town Hall and at the at the town clerk's office the copy of the posted notice was mailed to the property owner I request the service of the noov no be entered as evidence the correction date was on November 28th 20124 an inspection on December 2nd 2024 found the following item remained beyond the time given in notice and violation of code sections 22-17 delinquent business tax receipt for business Palm Beach property Works LLC please contact front desk at loyr fl.gov and obtain a business tax receipt photos were taken that fairly and accurately represent the violation at that time I request the photographs be entered into evidence staff conducted a pace search which found the respondent does not have a pending bankruptcy action or List pendants filed against this property staff contact with the owner and representative an email was sent to the owner on August 12th 2024 asking them to contact our office in regards to renewing their delinquent business tax receipt for the property however no response was was received the property was also posted on November 18th 2024 notifying the owner of the scheduled hearing and no contact was yet to be received at this viol at this time the violation Still Remains the co- compliance division recommends a respond to be found violation of code section 22117 it is recommended that the respondent be given until January 1st 2025 to correct the violations or be charged to F not to exceed $250 per day for each day the violation continues to exist it is also recommended that cost incurred by the Cod compliance division in the amount of $234 5 be assessed in order to be paid within 30 days of the date of this meeting in the event The Code Compliance division is not contacted as required Andor the violations not corrected it is recom recommended that a fine assessment hearing be held before the special mag Street on February 3rd 2025 at 9:00 a.m. at the town of loat grow 155f Road loat grov Florida is also recommended that no additional notification of the intent post fine be given thank you is and just I guess let me just ask a question while we're on the record is that the new script that's going to be for each case we're working on it okay just that last sentence is concerning to me and also um the failure to contact town hall or to comply I'm not sure that that's so if modify that if you could okay working on it's I know it's a it's a process code enforcement I know okay so this one is this is the same thing they had a BTR with the town previously BTR with the town do they have a sunbiz with this listing yes they have an active sunbiz the photo should be on the left side of that document perfect okay so active sunbiz with the location of where the violation is located under lockah hatche Groves as well as a previous BTR that was paid through the town back in 2021 and it hasn't been paid since then 36 okay so on Division of Corporations this entity Palm Beach property Works LLC has a principal address of 1 1536 North Road so that's the location that you've cited for violation so they're essentially admitting that they're running their business out of that location yes what um so BTR hearings are a little bit different than standard code hearings what are you seeking delinquency on what year is this 2023 this is for the year they paid the renewal back in 20121 for the renewal for the year 2022 because the btrs are due and payable on September 30th of every year if it's pass that date on when it's not paid it's considered delinquent and a business tax receipt penalty fee occurs with the town so theyve been delinquent starting at the beginning of 2023 up to 2025 since we're past renewal since September 30th of this of this year but isn't isn't isn't it for this for the one that was due September 30th 20 24 that's not technically delinquent until 150 days right it's delinquent with the town but it's not technically delinquent under state law days roughly April March April technically believe okay and in your in your recommendations you were asking for a daily fine is that is that correct or are you seeking the administrative statutory penalties that you're allowed under under the law for a daily fine let me ask the town attorney if you're allowed to do that don't I believe it's statutorily provided as a um lump stum fee that's right not daily fines right so I mean I I'm willing to if the town wants to give them time to comply for the outstanding um btrs you can certainly do that especially for the one that's that's this year um because I can't technically assess the fines because they're not 150 days delinquent as of as we sit here today um for the 23 BTR I can because we're well past that deadline um I guess let me ask the town attorney I think it's I don't know what you have the license amount with that's due for this property you just want the order to reflect the license amount plus uh the the penalties that are allowed under state law I think it's 250 administrative fees and $250 penalty for the ones that are 150 days delinquent um and then the license fee plus 25% of the license fee whatever amount that is that would be sufficient um alternatively special man TR given and um a few issues with this particular one we would not oppose if you wanted to continue the matter and reset it for the January 6 so that we could clean up the file as well and just have very specific costs for you uh I'm happy to do this one on the fly if the town's okay I mean there's sufficient proof on this one so that that's fine um I'm comfortable ruling on this one um so they PID 22 is that right yes they paid for the year for 2022 as it was due for the previous year on September 30th so all that's outstanding is 23 and 24 23 24 and then technically 2025 but from what you mentioned it's considered delinquent 150 days after this so you consider the one you're calling the one that was due September 30th 2024 2025 BTR technically yes okay so then there's actually two that are delinquent is that correct plus the current one so it's I guess it' be 22 23 and 24 yes no that's not right because you're calling this one so 25s is is the one that's currently due it was due a couple months ago not technically the only event so then 24 and 23 are the ones that have not been paid yes correct okay okay and what you might do as you set these going forward on your notice of violation you may indicate to them just so it's clear which ones are delinquent okay um because you're asking me to find them in violation for multiple years and you may want to note that on your on your violation order or excuse me on your violation notice I have another question I'm sorry for the town attorney I'm not sure this is the correct section that was cited um I don't think you have the section in here that says you have to have a BTR I don't know I've to my head what that number is but do you have the code with do you have that code with you I have it um up right now um there was um section 22 115 um that requires each business registered shall continue in a single separate um business requiring a a BTR that may fit a bit better um and that is something that certainly we can Ren notice if one section 22 117 is not not as sufficient um what I'm reading in the notice of violation is like that's like a prima fascia section that if you hold yourself out as operating a business that I would agree with that um especially in my shap e just give me a second I'm looking so what's your preference would you rather re notice that one I think so you're um yes especially given you're asking for multiple years yes it may be PR to just pull that one and re notice it all right so the town's regressing to pull it yes please next one um special magistrate we would request um given the issues with numbers one and two on the agenda three and four are similar as well we request to pull those and reset them for the January 6th uh hearing just for my knowledge what does consent mean on before number four so we are also working on revising these agendas um and so in future agendas you likely will not see that section again I think that was tracking a normal commission or or something okay okay very good I just want to make sure I understood thank you all right so for the record three and four are also being pulled that's correct thank you we to number five now go ahead mccor mcoles LLC the address is 14199 Tangerine drive and the case number is 2453 good morning your honor for the record code inspector Johns for the town lock AI grow presenting case 2453 in reference to the property at 14199 Tangerine drive for the record this was pulled from the last special magistrate hearing for um lack of service this property was initially cited on May 7 2024 for the following violations section 05040 A and B permits are required there was a fence erected without a permit windows installed without a permit conversion of accessory structure without a permit a check on the permit status this morning December 2nd 2024 found the two permits were applied for on November 27th one is a remodel of a shed and a privacy fence there was not a permit on file yet for the window installation for the record notice of hearing was sent out certified mail on November 14th 2024 a notice of hearing was posted on the property November 15 2024 at this time the city is requesting 100 day 120 days for completion of the necessary permits or a fine of $250 per day per violation thereafter have the permit file for the record with the photos so you're asking for continuance then essentially you're giving them more time to comply well they just applied for a permit and so in lie of that since the permits have been applied then the completion of the permits because they just applied for them and 27 but this is this is fine this is a fine assessment hearing right so there's an order in the file that required them to comply by a certain date there was no order in the F no there was because for lack of service it was never heard so this is a violation hearing there a violation very good sorry okay okay let me see your case File if I could also for the record I have been in contact with the property owner he has a create to pull the necessary permits e Monday's going to strike again here unfortunately um I think I think I remember this one the DAT the hearing date or something was wrong at the last hearing is that right yes you're honor so the trouble is you sent another notice on on November 14th but you gave him 31 days to comply so it hasn't been 31 days yet so I can't technically find them in violation although initial the initial noov that that goes away because if I'm the respondent I have that's an automatic appeal if I find him in violation today was I understand it was 31 days I guess on the notice being Devil's Advocate to apply for a permit he has applied for the permit but but it's December 2nd it's only been 15 days or something since you sent the notice I understand you so my preference is not I don't there's no point in giving me giving you an order that that is challengeable in my mind if the permits are in I would say Reen notice this one put you can put it on the next hearing um but give them a short time frame maybe you just resent the same notice that you had sent but if I find them in violation the 31 days hasn't passed so I think they have an automatic uh ground for appeal anything else from the town attorney no reasonable all right so with that then the request is to pull that one and just re notice it yes okay thank all right sorry about that I just I totally understand you're under thank you all right anything further for the mag no ma'am with that I'll at 934 and I guess uh before I leave can I confirm is there so there's not a January 15th heing