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Loxahatchee Groves magistrate continues hearing on unpermitted use and tree removal, cites missing affidavit

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Summary

Special Magistrate Amity Barnard continued two related code-enforcement cases against a Loxahatchee Groves property to Sept. 17 after the town acknowledged it had not recorded an affidavit of noncompliance required by a prior stipulation tied to fines and potential termination of the agreement.

Special Magistrate Amity Barnard continued two related code-enforcement cases against a property in the Town of Loxahatchee Groves to Sept. 17 after finding the record did not show a required affidavit of noncompliance had been recorded.

The cases, numbered 23010003 (alleged prohibited use) and 23010006 (alleged tree removal permit violations), were the only matters on the hearing agenda. Barnard said the town had shown proof of certified mail service and a signed return receipt from the property owner, Lantana Holdings LLC, but that the first-amended stipulation dated June 27, 2023, requires the town to record an affidavit of noncompliance before the stipulation automatically terminates and fines are imposed.

Jeff Kurtz, town attorney for the Town of Loxahatchee Groves, told the magistrate the parties had entered a stipulation and a first amendment that set a compliance…

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