Loxahatchee Groves magistrate fines two properties for lingering code violations; one case renoticed

A special magistrate on July 7, 2025, found two properties in the Town of Loxahatchee Groves to be in continuing violation of local code and assessed daily fines that began July 3 and will continue to accrue until the violations are cured.

The hearing, held at town hall and presided over by Special Magistrate Amity Barnard, considered multiple enforcement matters. Town staff present included Deanna Thomas, code enforcement officer; Karen Gardner Young, director of community standards; Sammy Brown, town clerk assistant; and Craig Lauer, public works superintendent.

In case 25040004, involving property at 1470 A Road (listed to Javier and Rosa Garcia), the town presented photographs and evidence the magistrate said show piles of manure and related processing activities on the parcel. Deanna Thomas testified the property was initially cited April 1, 2025, and that a prior special magistrate hearing on June 2 resulted in a finding of violation. Thomas told the magistrate that as of July 2 the town observed that the violations remained.

Paul (Paulo) Santana, who identified himself as the agricultural operator and representative for the property owner, said the manure piles are removed daily and that the owner, Javier Garcia, was hospitalized and unable to attend. Santana argued the operation is an agricultural activity and cited state law he said preempts local regulation. "This is a protected agricultural activity," Santana told the magistrate, and he asked that the prior finding be dismissed.

Magistrate Barnard said the June 2 order finding a violation remained in effect and that her authority at the July 7 hearing was limited to determining whether the violation persisted after the compliance date specified in that order. She admitted the town's composite evidentiary file over the respondent's objection and found the respondent remains in violation of sections 30-43, 30-44 and 20-015 of the town code. Barnard assessed a fine of $100 per day beginning July 3 through July 7 (five days, totaling $500) and ordered the fine to continue at $100 per day until compliance. She also assessed administrative costs for the July 7 hearing and reaffirmed the unpaid administrative costs from the June 2 hearing; the transcripted dollar amount in the record is unclear.

The magistrate entered similar findings in case 25030101, involving 1876 E Road (American Print Tax Investment Inc.). The town said two RVs were visible from the public right of way and that no RV registration permit or affidavit was on file. The magistrate found the respondent remained in violation of section 92-010 of the town code for failing to comply with the prior June 2 order and imposed a $100-per-day fine for July 3–7 (total $500) that will continue to accrue at $100 per day until the violation is cured. Administrative costs from the June and July hearings were also reaffirmed; the exact amount recorded in the transcript is unclear.

On the first case listed on the agenda (case 25040001, 2241 A Road, listed to Jose/Raymond Bellarino/Valarnio in the agenda materials), Special Magistrate Barnard determined the notice as drafted gave the respondent 30 days to comply and that the time specified in the notice had not yet passed. Barnard ordered that item pulled from the July 7 calendar so the town may renotice the matter. The transcript contains inconsistent spellings of the respondent’s surname (appearing as both "Valarnio" and "Bellarino"); the town indicated the owner had previously met with staff and agreed to remove business activity, but the case was renoticed after the town determined noncompliance.

The town also announced removal of agenda item 3 (Buck Passer LLC) before proceeding to the next item. The hearing concluded with no further business and was adjourned by Barnard at approximately 9:50 a.m.

Copies of the magistrate's written orders will be mailed to the parties. The magistrate noted appellate remedies and clarified that appeals of the June 2 finding of violation are matters for the circuit court rather than for the magistrate to rehear at the fine-assessment stage.

Quotation highlights from the hearing include the magistrate’s ruling that "I can't find him in violation today because the 30 days has not" passed as stated when the magistrate pulled the first case for renoticing, and Paul (Paulo) Santana's representation that "the pile is being removed every day" when describing his client's operations.

The town's next midmonth hearing date was discussed; staff indicated the midmonth hearing date of July 16 will be retained and calendar invites will be sent.