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Town order closes 2023 manure violation with $5,000 one-time fine for Seaford Market
Summary
At a Sept. 8 code-enforcement hearing, parties agreed to an order assessing a one-time $5,000 fine and $234.05 in administrative costs for a 2023 manure violation at 3255 E Road; compliance date set for Sept. 5, 2025.
A special magistrate for the Town of Loxahatchee Groves entered a mutually agreed order Sept. 8 resolving a 2023 manure-related code violation at 3255 E Road (Seaford Market). The order assesses a one-time fine of $5,000 and administrative costs of $234.05, and specifies a compliance date of Sept. 5, 2025.
The agreement ends a case that began in 2023 after the town determined that manure had been improperly placed on the property. Town Attorney Jeff Kurtz told the magistrate the violation had been cured and that the parties had agreed to the fine and administrative cost; attorney James Gavigan confirmed his clients’ willingness to pay immediately. Special Magistrate Sandy Barnard said she would enter an order reflecting the agreement and noted the town should file an affidavit of compliance matching the 09/05/2025 date that appears in the order.
The magistrate admitted as the limited record the notice documents for the hearing (USPS tracking and verification of posting) and the prior February 6, 2023 order finding an irreparable violation. Barnard noted the parties agreed the property was in compliance as of Sept. 5 but that the town’s inspection showing compliance was performed that week.
The order the magistrate announced: assess a one-time $5,000 fine for violation of sections 30-43, 30-44, 30-45 and 30-49(a) of the town code (manure-related violations) and reference Ordinance 2012-03 sections 2 and 8 as reflected in the 2023 order; set compliance date 09/05/2025; assess administrative costs of $234.05 reserved in the prior order. The magistrate said the finalized written order would be issued later that day and requested the town attorney provide a copy of the appellate decision to include in the record.
The magistrate and the attorneys discussed service and the absence of an agreed written order at the hearing; all parties confirmed they had notice and no objection to the documents entered. The magistrate stated payment arrangements between the town and respondents were a separate matter between the parties and that she would not involve herself in how the payment was tendered.
The hearing record shows the town will file an affidavit of compliance and then remove any lien once the compliance date is confirmed.
