[0:00] town of Lux Hatche Grove special magistrate hearing for August 26 26 how

[0:05] illiterative also my wife's birthday >> according to Verizon it's 9:01 so we can

[0:10] get started my name is Doug McGiven I'm the special magistrate I believe all our

[0:14] cases here are violation hearings >> there are some fine assessments

[0:19] » of fine assessment hearings >> and we don't have any reduction hearings

[0:24] is basically it so >> hopefully we've signed in

[0:30] two people who have appeared in the audience and we have people waiting on

[0:35] Zoom or Teams or whatever the flavor of the day is. Um, first thing I'm going to

[0:40] do is swear everyone in. So, please everyone raise your right hand. Say I do

[0:44] when we're done. Does everyone swear or affirm the testimony you're about to

[0:47] give is the truth, the whole truth, and nothing but the truth? Say I do.

[0:50] » I do. >> Everyone does. Excellent.

[0:54] Um, process is normal for a code enforcement case. The town will go

[0:59] first. They will try to introduce some documents into evidence, ask you if you

[1:03] object to these documents. They will present testimony and or documents and

[1:10] or photographs and videos. You can question them regarding all of these

[1:14] items. You can put on your own witnesses. You can put on your own

[1:17] media. And at the end of it all, I get to make a decision. So, take it away,

[1:21] town out, locks. >> Great. Thank you. Um we are going to go

[1:25] a little bit out of order here because it's based upon the people who are

[1:28] present either in person or virtually. So uh first item is going to be number

[1:34] five on the agenda which is the property owner new branches LLC case number CE

[1:39] 26-66 address 1677D road PCN number 4141431701

[1:47] 3450040. This is actually a fine assessment not a

[1:52] uh notice of violation. Um, the applicant's attorney is on Zoom and I

[1:56] believe we also have someone here in person and I will turn this over to the

[2:00] code officer, John Suarez. Good morning, your honor. For the record, co-

[2:03] compliance officer John Suarez presenting case CE260493

[2:09] in reference to the property located at 1677D Road. Uh, the order granting

[2:14] continuates and setting fine assessment hearing was posted on the property

[2:17] August 13th, 2026. Copy. The order was mailed via certified mail to the

[2:21] property owner listed on Palm Beach County property appraiser. A copy was

[2:26] also posted here at town hall. I have a notorized affidavit of service for the

[2:31] record. Uh the property owner has recently retained an attorney team. The

[2:35] town has been in constant contact with attorney Rachel Thomas regarding the

[2:38] property and ever and probably within the past month, the property owner has

[2:43] been uh taking steps towards compliance, including the removal of a pole barn

[2:48] that was not permitted. There is still a studio trailer on the property that

[2:51] requires a permit or removal. There is also prohibited use occurring on the

[2:55] property as a single family home is being used as migrant housing.

[3:00] Attorney to Attorney Thomas and I agreed to the to stay the fines for 30 days to

[3:05] allow the property owner to come in full compliance. If the property is not

[3:09] brought into full compliance by September 25th, 2026, a daily fine of

[3:14] $250 per day per violation will begin.

[3:19] And uh attorney Thomas is here for the record.

[3:23] » Right. Sorry. What's your side? Have you agreed to this? That's it's Rachel. Yes,

[3:29] we have. Uh, attorney Rachel Thomas for the record. Yes, we have.

[3:34] » Okay. So, thank you for starting me out on a nice easy one. [laughter]

[3:40] » All right. So, we're just going to stay this for 30 days. Hopefully, everything

[3:43] will get taken care of, permits will be applied for, and life will go on.

[3:49] Shaking your head. Yes. >> Okay.

[3:51] » Great. All right. >> Next item.

[3:53] » The stay is granted. Thank you very much. Have a good morning.

[3:59] Um, next item is, as long as we're in fine assessments, John, is it okay if we

[4:03] do? Um, next one is Enri Card Cardinelli. I'm not sure I say it right.

[4:08] I apologize. Case number, it's number 11 on the agenda. 20 uh 255030119.

[4:15] The address is 2345 Road, PCN number 4141-4317014410020.

[4:23] The um town has both of our consultants. It's a landscaping matter on one's on

[4:27] Zoom, one's here in person. And I will turn this over to our code officer.

[4:32] » For the record, CO compliance officer John Suarez presents case C25030119

[4:38] in reference to the property located at 25.

[4:44] I guess your your microphone stay down.

[4:55] Um the order acknowledging joint code enforcement settlement agreement was

[4:58] posted on the property May 5th, 2026. A copy copy of the order was mailed via

[5:03] certified mail or listed on Palm Beach County property appraiser. A copy was

[5:08] also posted here at town hall on the same day. Um of course in the this is a

[5:13] settlement agreement that they stipped the service as well. We have met with

[5:18] the property owners yesterday, Jim Fleshman, Miss Karen Gardner, um Chris

[5:23] Johnson and I. Um they are aware they are not in compliance. They were

[5:28] supposed to receive a uh vegetation removal permit as well as a mitigation

[5:33] and uh because of the stipulation agreement,

[5:37] they are not in compliance and fine start to acrew August 2nd, 2026.

[5:42] Now I have a copy of the order for your record from William Street. All right.

[5:48] Becomes difficult to let the other side see your documentation on this case. So

[5:53] what do we do with that? >> Um

[5:58] that's your Yeah, there's nobody on the other

[6:01] side who's present. It's only only us. >> Oh, okay. Why do I have a guy on the

[6:06] screen there? >> He's another one of our consultants.

[6:08] » Oh, okay. That's why you think another person there.

[6:12] » All right. Well, you had a deal. They didn't fulfill the deals. August 2nd.

[6:16] [snorts] How much a day?

[6:19] » Sorry, your honor. $150 a day till they come in compliance.

[6:23] » And my math skills are what kept me out of medical school where I would have

[6:28] earned a living in a quieter environment. So, what's the math on this

[6:33] today and what's it continuing at? >> Bring that up now, your honor.

[6:45] Well, I hire an accountant for bringing this.

[6:47] » I'm with you. >> I don't have to think about numbers.

[7:00] » 24 days at 250. >> So, 6,000.

[7:06] » Look at that. Nothing like that. >> No, look at that.

[7:08] » I'm impressed. >> Well, no, it's four. Four of them is

[7:12] a,000 bucks. I mean, just divide. All right. 6K plus continuing is granted.

[7:17] » Yes, your honor. >> Maybe do math ability for that. All

[7:22] right. Thank you very much, everyone. Next case, please.

[7:26] » Next case is number three on the agenda. Um, Feyenor Joseph. It's actually the

[7:32] opposite way. Uh, case number CE 26 uh 26-06-15813658

[7:40] 24th Court North PCN number 41414317015250190

[7:48] and uh we have again both the town's consultants are available and I will

[7:51] turn this over to the um to the code officer Chris Johnson.

[7:55] » Uh good morning your honor. For the record, code compliance officer Chris

[7:58] Johnson presenting case C2606158.

[8:03] It's in reference to the property located at 13658

[8:07] 24th Court North. Property owner is Fenor Joseph.

[8:13] The notice of violation, notice of hearing, and a stop work order was

[8:16] posted on June 25th, 2026 at the property. A copy of the NOVOH was mailed

[8:22] via certified mail to the property owner of record as listed by the Palm Beach

[8:26] County Property Appraiser on June 25th, 2026.

[8:30] A copy of the order was also posted at town hall on the same date, June 25th,

[8:33] 2026. For the record, I have a notorized

[8:36] affidavit of service. An order granting continuence was ordered on July 22nd,

[8:41] 2026. services were posted and sent certified

[8:44] mail to the property owner on record on June on 72326.

[8:50] For the record, I have a notorized affidavit of service. On 83 2026, a

[8:55] recited NOV was posted at the property at town hall and sent certified mail to

[9:00] the property owner on record. For the record, I have an affidavit of service

[9:04] dated 8:18 2026. Violations are as follows.

[9:10] Tree vegetation removal section 18-21A 1-2.

[9:17] Tree mitigation section 18-24A. Mitigation

[9:23] vegetation removal permit violations section 87-055

[9:29] C2 specimen trees section 18-26

[9:35] violations. On June 25th, myself and Officer Suarez

[9:40] drove to the property and noticed workers on the property cutting down

[9:43] trees and removing vegetation. There was a large truck picking up all

[9:47] the cut tree trunks. We spoke to the workers and explained to stop all work

[9:50] immediately and they provided us with Mr. Joseph's cell number. We posted the

[9:56] NOV and a stop work order on June 25th, 2026.

[10:00] We were able to get to to get Mr. Joseph on the phone, explain to him he needs a

[10:04] vegetation removal permit. Mr. Joseph paid the $2,000 escro fee and four times

[10:10] the after-the-act vegetation removal permit of $4,000.

[10:14] We explained that we will have a certified arborist to inspect the

[10:18] property and determine what type of it what type and how many trees were cut

[10:21] down. The town planner for tree mitigation, Mr. Jim Fleshman, and a

[10:25] certified arborist, Mr. Jerry Renick, inspected the property on July 26, July

[10:30] 28th, 2026. I'd like to have Mr. Fleshman explain

[10:35] the mitigation process and all the fees associated with the inspection.

[10:41] » Okay, we need to switch screens here.

[10:47] » Good morning. >> Oh, there we go. He's here live. My name

[10:50] is

[10:54] one of the projects that worked on the administration of the

[11:02] process. We had very good meeting yesterday.

[11:11] Uh he has been very cooperative in terms of trying to come up with the

[11:19] procedure and finally determination of of the value of the trees that were

[11:26] taken up not taking off I think after yesterday's

[11:32] myself

[11:40] process

[11:44] Egypt and it's it's outlined in great

[11:59] major steps. So understand

[12:07] the first step in the process

[12:13] itself and the town's artworks to to conduct a site visit where we

[12:22] inventory based on what evidence is available on the site. How many trees

[12:29] have we taken? We identify

[12:34] species. These are all native trees. We identify the species and identify the

[12:41] size. Now what I mean about size is the diameter of

[12:49] the acronym for that E diameter breast height

[12:56] is 4 and 12t off the ground.

[13:01] That's that's the principal characteristic that we use to to

[13:09] estimate value.

[13:14] The next step is take the information in. We

[13:19] identified I believe it's 24 different trees that that were taken and

[13:28] we also categorize those trees into specimen

[13:33] trees and non trees

[13:40] large

[13:43] historical tree on the site that particular

[14:02] Now eight eight special ingredients will take.

[14:07] So the first step in the permit process and

[14:13] the next step in per process is is uh we attempt to

[14:19] Identify those trees

[14:25] based on site and

[14:30] we like I said I said

[14:34] the trees trees and not looking at the nonspecimen trees first uh we

[14:43] come up with a

[14:47] value of the diameter tape. For example, if if there were 10 trees

[14:54] taken and and each of the trees had two inch diameter

[15:01] diameter is is is 25 25 in. And we take that 25 in and we convert that to the

[15:11] dollar amount using the same procedure that Palm Beach County uh environmental

[15:17] resource management. They they give us a uh a wholesale value

[15:24] of of each tree by by species based on a 25 in diameter. Okay. If using my

[15:35] previous example, if the total diameter taken was worth 25

[15:41] in, we would divide that by the county in

[15:47] that that would give us essentially 10 trees at the value of each tree.

[15:57] Um I think so and we have the value you know 2 and 1/2 in diame

[16:04] for for each of the species that were taken that that value was provided by

[16:10] public set so so cumulative cumulatively

[16:16] add that up for for all the spe that's the value for for the nonspecimens

[16:24] the value of of the specimens we we start with the same procedure.

[16:32] Well, we come up with the cumulative diameter, but

[16:38] the pound in the code

[16:44] has as an extra penalty if we don't. for chain specimens

[16:51] requires that that we multiply that that final number to times three. So we

[16:57] determine the the valuing of of each item for study and the bill price of the

[17:06] trees and multiply that that tree. So, so then we take the uh

[17:14] the accumulated value from the non-specimen trees plus the cumulative

[17:19] tail for for the specimen trees and that comes up with the wholesale

[17:28] uh price value for all of his free statement. One one further set of those.

[17:35] Um if uh if trees were taken in violation of the of the of the town.

[17:43] We take that cumulative price and multiply that by two.

[17:54] » I'm sorry I couldn't hear it. >> Good morning.

[17:57] » Good morning. So, >> so we have the um

[18:01] we have the non

[18:06] plus the value of the species times three and take that

[18:14] time into the mitigation

[18:19] for a uh for taking

[18:25] that becomes the key component of the vegetation

[18:31] remov

[18:36] going through that process which is all through

[18:43] the permit set

[18:51] and

[18:54] And in this case, the uh Mr. Joseph, the

[19:01] owner of of the property, his intent was was to

[19:08] voted by the agriculture used code by the properties property appraisers

[19:13] office. So in order to do that he sent David who clear the property and

[19:20] prove to the family that I'm going to agriculture. Part of that is to show

[19:26] that that I'm an active business and and I

[19:30] have an agriculture activity done.

[19:35] Okay. So um in the permit um

[19:42] we will we will give him uh time to gain that determination by the county

[19:53] without having to mitigate uh impact as the present time.

[19:59] The uh the process to gain by agriculture use code ends in January the

[20:06] 1 of each year. You'd have to file between January 1 and March 1st and you

[20:11] have to prove to the county that you're going to fight agriculture

[20:15] business they will make make that determination

[20:20] uh by August 1 and it's a retroactive determination

[20:27] that back that

[20:32] Dr. process allows him the opportunity to go

[20:38] through that agricultural termination process by by the promis

[20:45] property purch without having to make it if he gets the bonus

[20:54] he does not have to mate on studies plants in the valley of 60

[21:02] 60,000 out if um and but we still we still require a guarantee to be to be

[21:13] posted by the prop property owner in case he doesn't get by

[21:20] and we have we have two two basic ways to do that. he can make a

[21:29] essentially a temporary deposit of of the $60,590

[21:36] with the town. If he gets to go plant agriculture um by

[21:43] August 1st of the following year, then he gets that

[21:48] alternative is is rather

[21:54] deposit and also

[21:57] opt to um credits

[22:04] lage will guarantee $60,000

[22:10] if he doesn't get so um

[22:16] he has to uh writing us to permit at right time which

[22:23] we went over with him yesterday and he pretty much is about the agreement with

[22:29] the with the permit and the mitigation amount in Washington'sation.

[22:36] So our next step is to just

[22:42] think

[22:47] and what's a complicated process.

[22:57] » I think that's me that happens every time we speak.

[23:02] So, uh, that's, uh, that's a quick run through of the process. Um, and there

[23:10] there's a couple extra documents that that are attached to the uh, uh,

[23:16] vegetation removal permit that that essentially guaranteed that process and

[23:21] documents that have to be filed with with the clerk of courts um, along with

[23:27] with the permit. So, Ron, like I said, that's a

[23:32] complicated process and a quick run through. If you have any questions, I'll

[23:36] be more than happy to answer. >> Not that complicated.

[23:39] » Oh, okay. Good. Good. >> I mean, I don't get to make any

[23:42] legislative determinations about multiplying times three or multiplying

[23:46] times two. >> That's all done by the presiding board.

[23:50] I just get to apply it when I put it down. You give me a value of the trees.

[23:55] You've given me the bond slash deposit requirements. My former partner is used

[24:02] to be on the value adjustment board determining a exemptions.

[24:07] I know about that process fairly well. Will have some fun. How big is this

[24:11] property? >> I I see off the top of my head like

[24:15] three and a half acres I think is that it has more than enough value to justify

[24:20] this. It's not like someone's spray acres

[24:26] of a blocky groves type more like five acre deal but close enough.

[24:32] » Okay. So we have some sort of agreement or some sort of process already

[24:36] determined the property owner has agreed to this because he doesn't want to be in

[24:41] trouble >> 2.9 to delay the potential

[24:47] gets a value >> 3.82 I need to

[24:48] » adjustment board determination on his egg exemption

[24:52] application. Did you get that? All right.

[24:54] » Um well, >> yeah.

[24:56] » Go ahead, Grace. >> Yes, your honor. Um yesterday we met as

[25:00] Mrs. Fleshman uh said, myself, Officer Suarez, and uh Mr. Fleshman and Karen,

[25:06] our community standards director, met with Mr. Joseph regarding the mitigation

[25:10] fee and the specimen tree fines. The agreed upon schedules as follows.

[25:16] mitigation fees of $60,990. This fee is to be paid 30 days from

[25:21] today by either cash, bond, or a line of credit. It's to our knowledge that Mr.

[25:26] Joseph made a phone call in front of us yesterday and he was getting the line of

[25:29] credit. Um along with that 60,990 line of credit, we would also need an issued

[25:37] vegetation removal permit. Um, also eight specimen trees were cut

[25:43] down determined by Jerry Renick who's on a Zoom call, which is our certified

[25:47] arborist and our town PL planner, uh, Jim Fleshman. That's in their respect

[25:52] inspection report. The fee per specimen tree is $2,500 totaling $20,000.

[25:59] The agreement is to pay $20,000 every 15th of the month over a six-month

[26:04] period. The five payments of $3,333.33

[26:10] will begin on September 15, 2026. The final payment will be on March 15,

[26:15] 2027 in the amount of $3,333.35.

[26:21] I have an email from Mr. Joseph dated yesterday, August 25th, 2026, accepting

[26:27] and agreeing with the terms.

[26:32] » Good. You all get to write it down. All I have to do is sign it for development

[26:36] and say granting. >> Sounds good.

[26:38] » Got it. Granted, >> thank you.

[26:43] » Butter's cutting a property. >> Sounds like fun. That's good. Very

[26:46] efficient because he is. >> Um,

[26:49] » all right. Are we done with our arborist there? Does he quit being

[26:52] » Yes, I think that's it. >> Thank you.

[26:54] » You don't have to watch us anymore. >> He put me on the [laughter] day.

[26:58] » Thank you. >> Thank you guys.

[27:01] » All right. Next item is Next item is number two on the agenda.

[27:07] Uh Stephen Steven Capella, case number CE 267182,

[27:13] address 35761st Terrace North. PCN number

[27:17] 414043130000004.

[27:25] Um, for the record, uh, Chris Johnson, code compliance officer, presenting case

[27:30] C2607182. It's in reference to the property

[27:34] located 35761st Terrace North. Property owner is Steven

[27:40] C. Capella. The notice of violation notice of hearing was posted on July

[27:45] 16th, 2026 at the property. A copy of the novo was mailed via certified mailed

[27:50] to the property owner of record as listed by the Palm Beach County property

[27:54] appraiser. A copy of the order was also posted at town hall on July 16th, 2026.

[28:00] For the record, I have a notorized affidavit of service. Mr. Capella is

[28:04] here today. Um we've discussed uh different options for Mr. Capella and we

[28:10] came to an agreement that we are going to continue the case until September

[28:14] 8th, 2026.

[28:19] You agree, sir? Well, >> enough. Get up to the microphone first.

[28:23] » Tell us your name, your relation. My name Capella. I'm the owner of 35761st

[28:29] Terrace North. Um, I received the code violation from Johnson Suarez. Um,

[28:35] by certified mail and by hand. Um, I have gone through the corrective

[28:39] measures to my ability to date and ultimately um, when we had verbally

[28:44] discussed the continuence until September 8th, I will not be available.

[28:47] I'll be out of town working on September 8th. Um, I purchased the property in uh,

[28:53] April of 2024. Um, I made some improvements and I am a bonafide

[28:58] agricultural business. I approached the county and requested the the tax

[29:04] exemption and it was brought to my attention that I don't have to have the

[29:08] tax exemption, but I did. I filed for it. They've denied it on basis of

[29:13] untimely filing and I'll be allowed to refile in um the spring in the first of

[29:18] the year. In the inter um he

[29:23] I forget the gentleman's name, but he did check that I was a votified

[29:26] agricultural enterprise. So that should fall under the 604.50

[29:33] which [clears throat] is the item called building extension of accessory

[29:36] structures and ultimately we have a we have an organizational meeting on Monday

[29:43] and I believe it's with Mr. uh Columbus um which is the town engineer

[29:50] and Mr. Johnson and Mrs. and I I I came and I want you to know in good faith

[29:56] that I want to remedy these issues. I also want you to know that I feel that

[30:01] um I just heard somebody say that somebody

[30:06] could be liable for $60,000 in trees on their property and it just gives me

[30:11] chills because I feel like I feel this is a very invasive procedure all the way

[30:16] around. So, I'm here I'm here to do my best to write and correct the codes that

[30:20] I >> the invasive procedure is what you

[30:23] bought into when you purchased the property.

[30:25] » Well, but I wasn't aware of that when I signed the title. And I think the

[30:29] ignorance of the law is no excuse thing that I got first school.

[30:34] » Well, I gone to law school, so I'm >> I know. And so,

[30:37] » we're going to get to the point of >> this is just a simple continuence right

[30:41] now till you all figure out what's going on with life.

[30:44] » Correct. The date you have proposed of September 8th doesn't seem to work with

[30:48] there's a another date in September we could use instead because I'm like the

[30:52] second September guy. So we can push it. >> Would you be available September 23rd?

[30:58] » September 23rd. >> That's as far back. Yeah. Okay.

[31:00] » I mean I'm going to be in Ohio. I have an agricultural project that I'm

[31:03] building up later. >> Yeah. Because we're going to set up a

[31:05] meeting with our town engineer. Okay. And then we'll have the continuence for

[31:09] September 23rd. >> Okay.

[31:12] » Okay. We don't have to worry about government being bad, all that other

[31:15] stuff. >> All righty.

[31:16] » All right. So, I grant till September 23rd at which time will be brought back

[31:21] before the code enforcement board to see what's going on.

[31:26] » Very good. Thank you. >> Thank you. I have to say

[31:29] » yes. >> Yes, sir.

[31:32] » Thank you. >> I bought it and I didn't know.

[31:39] Think >> that's why they have a All

[31:43] right. Next case, please. >> Next item is number six. Arena Dora LLC.

[31:48] Case number CE 2605129 333 I'm sorry 3330C

[31:55] road 4141431701 323003030

[32:00] and I'll turn this matter over to the code officer John Suarez.

[32:03] » One second your honor. Not a problem. If that's one of the

[32:08] locks of Hatche, we got to have a letter in

[32:19] the council know my kids started riding at Good Earth Farms I think on B- Road

[32:25] like 20 years ago almost because they were too young to ride a castle.

[32:31] [laughter] They told them that

[32:36] riding when he's there. 22 year old daughter is driving her Corvette to the

[32:40] farms in Wellington and jumping around on horses. Right.

[32:46] » So, it's got to be the most interesting room car.

[32:52] If kid wants to buy her first car, she can do it. All right. Next, please.

[32:57] » Yes, your honor. For the record, co- compliance officer John Suare is

[33:01] presenting case CE2605129

[33:05] in reference to the property located at 3330C

[33:08] road. The order granting continuence and

[33:12] resetting violation hearing was posted on the property on June 11th, 2026. A

[33:17] copy of the order was mailed via certified mail to the property owner

[33:20] listed on Palm Beach County Property Appraiser. A copy was also posted here

[33:24] at town hall on the same day. have a notorized affidavit of service for the

[33:29] record. So on May 21st, 2026, I received a call from public works

[33:36] director Craig Lowour advising that a portion of the road in front of 3330C

[33:41] road had sunk in due to a culvert being in disrepair. The cover was under the

[33:46] road coming from the property into the canal bank into the canal. CO Johnson

[33:52] and I arrived on scene at approximately 3:40 p.m. At that time, public works had

[33:57] blocked off a portion of the road and were actively working to make the road

[34:01] safe. While we were on scene, I contacted the

[34:05] registered agent listed with Sunbiz, Karish Masheed. I made contact with her

[34:10] and explained the situation. She then called me back with her father, Mr.

[34:14] Patel, who is the property owner. I informed Mr. Patel that the covert was

[34:19] in disrepair and that the road had sunk in. I also informed him that the

[34:24] property it is it is the property owner's responsibility to maintain the

[34:28] coverts adjacent to the property. I obtained his email address and on May

[34:33] 22nd, the very next day sent him pictures that I had taken. I also

[34:39] provided him with the public works director Craig Lover's contact

[34:42] information to assist him with the with compliance and obtaining the necessary

[34:46] permits. I spoke with Mr. Patel by phone in June

[34:50] and he requested an an extension. The extension was granted from the June 9th

[34:55] hearing to the July 14th hearing on 2026. On July 14th, 2026, the day of the

[35:03] hearing, we received an email from both Karish Masheed and a contractor, Mr.

[35:08] Gilling of GE LLC. They had mistakenly applied for the

[35:14] permit through the county.

[35:20] I informed them that the permit needed to be filed through the town, not the

[35:24] county. The same day I sent an email on July 14th, I sent an email to the

[35:29] contractor and the property owner, the town's application information and the

[35:33] link to the application. The contractor sent a confirmation email stating they

[35:38] would apply through the town. The case was then continued to August 26, 2026,

[35:43] which is today. Since that time, I have not heard back

[35:47] from the property owner or the contractor. And that was back on July

[35:51] 14th. That was uh last day of the extension. No per as of today. There is

[35:56] no permit application that was filed with the town. I emailed both the

[36:01] contractor and the property owner on August 14th, 2026 requesting an update.

[36:06] I received no response in that time. And as a subject matter expert,

[36:12] uh Craig lower is here to speak on the behalf of the town.

[36:20] » Oh, please. They just they just introed you. You got to say something.

[36:24] [laughter] >> Swear.

[36:26] » All right. You swear or affirm the testimony you're about to give the

[36:29] treat. >> I do.

[36:31] » All right. Tell us who you are and tell us what you know about this situation.

[36:35] » I'm Craig Low, Town's public works director. Um, we received a complaint

[36:40] from one of our actual mower operators that was mowing the area at the time of

[36:44] this incident. Um, she said that there was a hole in the middle of the road on

[36:49] the edge of the road where you'd seen the one picture, the hole is about six

[36:53] inches in diameter where the actual asphalt started caving in. Um, there was

[36:58] another picture that you would see in there that you can see there's a full

[37:01] cave that was where the whole road where the water running was running through

[37:05] the pipe and it was just washing the dirt out from underneath the road and

[37:08] there was a cave underneath the road that was going to collapse completely.

[37:12] Um, for the town's residents safety, we had to cut the road open, dig it up,

[37:17] fill that that void of lost material that had washed in into the canal

[37:22] through the pipe. Um, fill it back full of shell rock and compact it back. So we

[37:27] can make the road safe. >> All right.

[37:30] » So you did not replace the cover though. >> No, sir. All we did was, as you can see

[37:33] right there, we had cut the road open, cut it back to a whole lane width to as

[37:38] far back as the cavity that was underneath the road, filled it back in

[37:41] with shell rock so that we can make the road passable again.

[37:45] » Right. So you had a baby sinkhole. >> Yep. Um and you can see some of the

[37:49] pictures that that picture right there is where there's another wash out on the

[37:53] side of the road. That the reason why the five gallon bucket is there. to show

[37:57] you the depth that there is a hole there from previous wash out.

[38:01] » Is that in your ement area? >> Um right there. I believe that one is on

[38:05] the properties the property owner side. >> Okay.

[38:07] » Our easement I believe stops right at the edge of road.

[38:10] » Okay. So you don't have like five or 10 feet.

[38:12] » No sir. >> Okay.

[38:14] » And then you can see right? >> Yeah. You can see right here the bottom

[38:18] of this cobra pipe is completely rotted out. There's nothing left to it. So,

[38:22] normally when you see that on the side of road, that's going across the entire

[38:26] roadway into the property. >> They're going to get fined and they're

[38:31] going to get flooded. Welcome to Lock Crazy.

[38:33] » Yeah. [laughter] Um, we are we are continuously adding shell rock to this

[38:38] hole because every as it rains when water does build on the property, it is

[38:43] trying to flow through the pipe and it is it does start washing the material

[38:47] back out from underneath again. So, we're continuously adding material. Um,

[38:52] now they get to do the additional expense of undigging or digging out all

[38:57] the patches we put in and compacted through.

[39:00] » Correct. >> All right. Well, that'll be good for the

[39:03] contract. Adds more to his bill. All right. So, basically for purposes of us,

[39:11] what do we want?

[39:16] So the town is requesting that they can in 30 day in 30 days to obtain the

[39:22] rightaway permit and complete all repairs [gasps]

[39:26] and if they do not come into compliance $250 a daily fine thereafter.

[39:33] Additionally is recommended that administration costs incurred in the

[39:36] amount of $4966 be assessed in order to be paid to the

[39:41] town of Flagachi Groves. prepare to submit the full case folder. I have

[39:48] Craig lower and I did speak about the time frame. He says yes, they can get

[39:53] the rightway permit and complete all repairs within 30 days. That the

[39:56] permitting shouldn't be an issue. >> All right. Well, no permitting should

[40:00] fly through backho. >> Yeah, this shouldn't take long because

[40:04] they're going to do a light gas pipe. You know, they're not doing all new

[40:07] construction. They're just going to replace the pipe that's there. So I've

[40:10] already spoke with our our town engineer about this process already and he he

[40:13] believed as well that this you know as pering wise it should go by pretty fast.

[40:18] » All right question of how long it takes them to dig and build

[40:22] » and to acquire their contractors >> because

[40:25] basically we're in we're in the rainy season.

[40:28] » Correct. >> You know the damage that they're going

[40:30] to accumulate by not having drainage is going to be on their own property

[40:35] » anyway. So they get to have fun with both of these. All right. So, I grant

[40:40] the, uh, request to have a 30-day order to permit and repair the roadway and

[40:47] replace the covert, $250 a day fine if they do not do it in a timely fashion

[40:53] along with $409.66 in admin sees. That it is that it for

[40:59] everybody? Yes, sir. >> Thank you, honor.

[41:00] » Okay. Thank you.

[41:05] » That was not my first rodeo. Next item is number one, National

[41:11] Traffic Control Systems, Inc. CE 267174 3264B Road PCN number 4141-431701

[41:21] 2230040. I'll turn it over to the code compliance

[41:25] officer, Chris Johnson. For the record, Chris Johnson, code compliance officer,

[41:30] presenting case CE2607174

[41:34] in reference to the property located at 3264B

[41:37] Road, property owner, National Traffic Control System, Inc., the notice of

[41:43] violation notice of hearing was posted on July 10th, 2026 at the property. A

[41:48] copy of the NOV was mailed via certified mail to the property owner of record as

[41:53] listed by the Palm Beach County Property Appraiser. A copy of the order was also

[41:57] posted at town hall on the same date, July 10th, 2026. For the record, I have

[42:01] a notorized affidavit of service. We've been in constant contact with their

[42:07] attorney, Denzel Lati, and they're requesting a continuence, which the town

[42:12] agrees upon to September 23rd, 2026. >> Grab it.

[42:20] » Thank you, your honor. >> Next number. Number four, Jackson Ranch

[42:25] LLC, CE 26048314036

[42:30] 43rd Road North, 4141-430800 05110.

[42:37] Turn it over to the code officer, John Suarez.

[42:49] [laughter] >> For the record, John Suarez

[42:54] In reference to the case CE260483

[42:58] at 1403643rd Road North,

[43:03] uh we've been in contact with the property owner. Uh we're awaiting word

[43:06] from South Florida Water Management which they have a a meeting this week, I

[43:11] believe tomorrow and Thursday regarding the case. So, we've agreed uh continuing

[43:17] was have an email agreement to uh August or September 23rd, 2026.

[43:24] » What I'll be doing on September 23rd. >> Thank you, Ron.

[43:27] » All right. So, yeah, I like this one just because you cut off the violation

[43:31] at the bottom like what is the violation flipping the page violation

[43:36] because >> right

[43:38] » so continuous till 923 granted. >> All right. Case number Case number

[43:44] seven, um, uh, Alvin, uh, Alvano and Perez, uh, CE 26059515093,

[43:52] 24th Court North, 4141-431701440030.

[43:59] I believe this has been complied with, but I'll turn it over to John Suarez.

[44:04] » Yes, your honor, I'm sorry that case has been complied. We're going to remove it

[44:07] from the agenda. >> Been reading about RV permits and now

[44:09] don't get the dealer. [laughter] Sorry.

[44:13] » Oh, I'm sorry. >> All right. Next, please.

[44:18] » Uh, next number is Marquez. Case number CE 26071802135

[44:24] FRO 41-41-431701-5270027.

[44:30] I will turn this over to the code officer, John Suarez. Once one second,

[44:34] your honor, while I bring it up on the screen.

[44:36] » No problem.

[44:42] I like telling a lot of my other jurisdictions, I get paid by the hour,

[44:45] too. [laughter]

[44:49] » Write down the times on all of my agendas for billing purposes, right? I

[44:53] don't get the same bill every time, and that varies with the amount of time I

[44:57] spend. >> How weird.

[45:06] Awesome.

[45:31] » We on a town drone yet?

[45:36] » Just dealing with Google and uh >> we allow the fly the flyovers by the

[45:41] county. They do the plane flyovers. >> They do.

[45:46] » You're true. It's true. >> Your honor, for the record, co-

[45:50] compliance officer John Suarez presented KCE2607180

[45:55] in reference to the property located at 2135F Road. The notice of violation

[46:00] notice of hearing was posted on the property on July 16th, 2026.

[46:05] Copy of the order was mailed via certified mail to the property owner

[46:08] listed by the Palm Beach property appraiser. A copy was also posted here

[46:11] at town hall on the same day. I have a notorized affidavit of service for the

[46:15] record. The property has a agricultural classification for equestrian use on 5

[46:21] acres. According to the Palm Beach property appraisers office, the ad

[46:25] classification applies to 42 acres for the equestrian use. The classification

[46:32] is located on paddics in the northwest corner of the property and does not

[46:36] include any structures other than the pole barns within attach within or

[46:41] attached to the paddics. Let me point it out for the record.

[46:47] » Your honor, of course, it's a northwest corner on this side. You see the paddics

[46:51] on that side, the full bars that are attached to the paddic area.

[46:56] » This bottom property is an enclosed structure.

[46:59] has a very large structure over here. Um there are no permits on the town but

[47:05] they are not attributed well according to property afraid aspect as add

[47:11] classification which is only the paddics and pole parts.

[47:19] » There are multiple structures that have been built on the property that are not

[47:22] within that classification area including two enclosed structures. A

[47:25] check on the town records does not show any building permits or an approved

[47:30] flood plane development permit for these structures. I have been in phone conver

[47:34] communication with the property owner and informed him of the violations and

[47:37] ways to comply. There have been no permits that have been applied for as of

[47:42] this morning. The town is requesting 30 days for the

[47:46] issuance of any required permits and 90 days for the permits to be completed or

[47:51] a fine of um $250 a day uh to be attributed to the property for

[47:58] non-compliance. Additionally, is recommended that the admin cost incurred

[48:02] an amount of $49 and 66 cents be assessed in order to be paid to the town

[48:06] of Laji Groves. The case full as evidence in support of the

[48:11] recommendation.

[48:14] So, they have 30 days to apply for a permit, 90 days to have the permit

[48:18] processed. I assume it's a $250 a day fine if they don't do this in a timely

[48:24] manner along with 40966 and admin fees. >> Correct.

[48:28] » Covers the world. >> Yes, sir.

[48:30] » Granted. >> Thank you, your honor.

[48:36] » The next item is number nine. Seac Landscape Management Inc. Case numbers

[48:40] CE 2607179 address 3765 B Road PCN

[48:45] 4141-4317011280030

[48:50] I believe this has been complied with but I will turn it over to John Suarez.

[48:54] » Good morning honor. Yes removed as compliant

[48:58] » and I was looking forward to the vegetation.

[49:01] All right. >> And the last but not least,

[49:04] » number 10 is Hot Thumper 14701 LLC. Case number CE 2663

[49:11] 14701 Okchobee Boulevard 4141431701 31200030.

[49:19] This is I believe has also been complied with, but I will turn over to John

[49:22] Suarez. >> Yes, your honor. It has also been

[49:24] complied. Can be removed. >> And that is the last item on our agenda.

[49:29] » Very good. Anything else we brought before the board?

[49:34] » Nope. >> 9:51 we are done.

[49:37] » Thanks, sir. >> I get to go feed the dogs and go off to

[49:41] the League of Cities live. >> He's on today.

[49:46] » Somewhere in Bokeh. >> Um Paul says hi.

[49:49] » Oh, okay. Yeah. >> Yeah. Paul was one of the cool kids in

[49:54] law school. >> Paul is amazing.

[49:57] » Yeah, we love him. So, I'm an eminent domain attorney,

[50:03] » so I know way too

08/26/2026 Special Magistrate Hearing

Transcript