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CORRESPONDENCE ,.( ..1-- ,kF / l'- I " Y / c ~ (' . )i~ -\ {&"" ll-j <Kl~< -< ~ (#~~hl k-Q ~i ~ 411 /\ \/ C J'" '., '" k . ..c- 11 "- '\, -;;k &" { / J. ,,<;j-' <: ~-y. [;e- ~'\ d/' .""_ \ V. "-, ,.... < ..c- '" ;,.-'\ ~"- '" c,{ L, A, L "-_ ~ y\-:," J. .i~ <.- Q'.)<"C" cO:.A .'\:>~' ~ \r- ~ l 1 ... e t::~ tY r-) '-- U '0 t ~~~. <::;-~- ., -e. "7 \ ~ -- _ d..r- ",L t_ "". ii 'J~ <.- ~- ..,It-' ~" {- "/i.( '" .z-. i" " <-, qC . /;P l l\-.ol ~ e "- ~) , ). ~. i<- ~ Sl ~ ~j; < kf~d \~ ~\~...,.. v (/ --.....\ G c{ -If .r",t"ll,., &-...... \.." '( " --<< ~ ,.r-- ~ . '? 1. if /\ e~./ ~~ J ~ ! --. \"c . ~ ./ .. ;/ t '\ tv rrr /h.f!:,,, .~ yto', ~.\. ~ \. ~ (/ l '.7 L ~ \'r ~ Cc" 1"',f I i~", ?~d'~ It > P (Jt!5 i ~e 9_^& f'r' j/" f\t // 1\ ----- ------- h~ff~~f~h ATTORNEYS AT LAW l~~~~lh Alfred J, Malefatto 407-650-7908 June 6, 1996 HAND DELIVERY Ken S. Rogers, P.E. T "''''d n....,A1..................,.,+ n:-<l>"'+^.' ~ ........._."'"'roLL&.......L&.... JI..,JI'.&.I..""...,.,v& Palm Beach County Engineering Department 160 Australian Avenue West Palm Beach FL 33406 Re: Manor Forest PUD Dear Ken: m --... r"''' ;\irt.... i~ 1 l~, 1 r \ l . , 1~~fI' 1. I JUN , 8 1996 \ ~ - ~B'r- C(~?;(j ~ /fLZI!J J _ t.-- f/ I'Yl<'"sS"'r Jt t.X- ,--II~~f>'i 7-2-i( 1!~/6/VL (!d~ Id~ /7;; /1 IV ML1~ ~{/"!.~-~~ jV--,J' . t - ~l.J /6C 5Ivr~;:. fr t.d./f t ;,/"-' -fk^ .., If' , . -~<- ,J-4 tv'- ~ · . jLl U~: Lei L</f ,,(A- ~_ fcLI/~ lI~f,- ~,/ This firm represents Lowell Homes/RBG X ;Ltd., a Florida limited partnership, the owner/developer of 138 of 178 lots within Phase ill (the southern portion) of the Manor Forest PUD, and the contract purchaser of the remainder of Phase m, which was the subject of Zoning Petition No. P-82-71. Manor Forest is a three-phase PUD, approximately 91 acres in size. The property is located on Lawrence Road just north of the Lake Worth Drainage District L-20 Canal. The PUD was designed and approved with a single spine road, Manor Forest Boulevard, that begins at Lawrence Road on the south (approximately 270' north of the Lake Worth Drainage District L-20 Canal) and continues northerly through the development back onto Lawrence Road (approximately 200' south of the Lake Worth Drainage District L-19 Canal). A copy of the Development Review Committee-approved plan is attached for your information (Attachment 1). RECEIVED GREENBERG TRAURIC HOFFMAN LIPOFF ROSEN & QUENTEL. P.A. P.O. Box 20629 WEST PALM BEACH. FLORIDA 33416-0629 407-650-7900 FAX 407-655-6222 CITY MANAGEi'S OFFK 777 SOUTH FLAGLER DRIVE SUITE 310 EAST WEST PALM BEACH, FLORIDA 33401 .- . . MIAMI NEW YORK WASHINGTON, D.C. FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE ORLANDO ,/I'AI 1 19941 To Ken S. Rogers, P.E. Date June 5, 1996 Page 2 The erection or the fence is violative of the PUD Master Plan and creates the following issues: 1. . Vehicular traffic on both sides of the fence must come to an abrupt stop at the fence, and there exists no safe turn-around areas for vehicles. 2. To the best of our knowledge, Palm Beach County has not formally a:f'proveci tile erection of the ience across the right-oi-way, including the issuance of any permits for the fence. 3. The fence across the right-of-way prevents the free flow of traffic throughout the PUD, including police, fire and emergency vehicles, which could result in such vehicles being prevented from reaching an emergency situation in a timely manner. A site inspection on Monday, June 3, 1996, by Barbara Springthorpe of this office revealed that two vehicles were parked in the right-of-way on the north side of the fence further exacerbating the hazard presented by the unauthorized fence installation. 4. It is extremely difficult to see the fence at night when driving on Manor Forest Boulevard and this situation may lead to a serious accident. 5. Although we could not locate a copy of the original traffic study in the Zoning Division's files, the report most certainly contemplated the impact of the spine road upon traffic circulation within the entire PUD. Dearly, the original design indicates both northern and southern ingress and egress to the PUD as a whole from Lawrence Road, via the spine road. The cutting off of access effectively eliminates the smooth functioning of the development and probably never would have been approved if originally proposed by the developer. Although the Phase ill portion of the PUD (42 acres) owned by our client has now been annexed into the city of Boynton Beach, the development continues to function as a PUD, as it was originally designed and approved by the Board of County Commissioners. ~~(~:n described presents a problem for both the Coun and the Ci of Bo ton . Beach. For tTiarrc~on we- . opy 0 this letter to the City Manager and other officials of Boynton Beach. We ask' for your assistance and the assistance of the other city and county officials copied on tliis letter in immediately rectifying this unsafe and illegal situation. nt.\MLW\l423M.l \06/06/96 GREENBERG TRAURIG To Ken S. Rogers, P .E. Date June 5, 1996 Page 3 Ms. Springthorpe and I have already spoken with George McDermott of your staff about this situation, and have expressed to him our concerns regarding the fence. I will follow up this letter with a phone call fo you to determine the method and time anticipated for resolving this serious situation. If you have any questions regarding this matter or if you require any further information please contact me or Barbara Springthorpe at 650-7900. V eryA orfr~'l /gw cc: Barbara Alterman, Esq., Palm Beach County Attorney's Office L Martin Hodgkins, AICP, Palm Beach County Zoning Director Terry Verner, Palm Beach County Chief Code Enforcement Officer Chief Myron Mansfield, Palm Beach County Fire Inspector Captain Jack Maxwell, Palm Beach County Sheriff's Office Carrie Parker, Boynton City Manager----- Floyd Jordan, Boynton Fire Chief Marshall Gage, Boynton Police Chief Larry Kahn, Lowell Homes Barbara A Hall, Esq. Barbara Springthorpe, AICP Fn. \HM.LII\l4UMal \06/06/M GREENBERG TRAURIG 00:45 P.Ol - ..t!' Realty & Development Corporation . February 17, 1995 Marjorie M. Peterman, President Fox liollow Manor Forest Heme Owners Association 4110 Manor rorest Boulevard Lantana) Florida 33462 Dear Ms. Peterman: C'.onfuming our meeting of yesterday at Harvey Geller's office 1 have prepared this letter of outline items at Manor Forest which Vanguard has done or will do. These items are: . I. Replace sod and planting on east side of Manor Fore~t Blvd. which was torn up by our paving. crew by April 15. 1995. 2, Restore lake bank where dam broke, remove dam. and supply fill 'to be stockpiled Oll adjacent land by April 15, 1995. 3. Pay proponionate share of lake maintenance to Lawrence Oaks Homeowners Association, Inc. according to a pre determined formula pursuant to H.D.A. docwnents. 4. Additional irrigation costs have been paid which resulted from our lake pumping (paid to Mike Briggs). 5. We have constructed a temporary fence across Manor Forest Blvd. at a location upon which you and T agreed. . 6, We will erect a permanent battier between our two subdivisions at a to be agreed upon location and of a size and material to be agreed upon. This will be completed after final action on the petition to sever the P.U.D. 7, Submit an .application to sever the P.U.D. and process same through CoWlty Commission aCtion. Application to be submitted by March 31, 1995. 8. Pay $2,500 . atto:neys fee to Albert Proujansky for work done on amendment to Homeowners documents, at time of delivery of fully executed amendment. Money to be delivered to Lynda H. Harris Trust Account on Tuesday, February 21, 1995. l0483 Stonebridge, Blvd., Boca Ra!on. Florida 33498 . (407} 487-8203 . FAX (407) 482-3602 -------------.----------.--.---..-. .JMy 17, 1995 . age 2 9.. Clear Wlderbtush from approximately 3.5.4!crcs along lake bank and rough .grade area . to be completed by April 15, 1995. . . . . 10. Assume IIiaintenance liability of Manor Forest Blvd. from the.barrier's addressed in item 6 to our property line. 11. Supply and install "dead end no thru traffic" signs by March 31, 1995 or ten days after obtaining a pennit if permit is necessary. 12. Supply and tm,1all a "Construction entTance for Lawrence Oaks straight ahead on right" sign at Fox Hollow entrance to prevent coIb'trUction traffic from entering Fox Hollow" by March 31. 1995. or ten days after obtaining a permit if permit is necessary, TIris letter shall constitute our agreement to complete any items not yet done. As you know some of these items will take some time. I have asked Land Design South, Inc. (Bob Benz) to provide a timetable for number 7. Also. as I told you we will escrow the application fee if you wish. We do need to finalize the amendment by February 27, 1995, and hope this will provide all you need to accomplish this. nt, Inc. February 1~, 1996 . . ~~ -:(7 iY" , . rot' 't.. Lo,~ell Home~ .~~f& (1J~..~. Itf ' i. . .... ... A\. Vf J. . \. f7.. .:0 . rI / . . . .,~ \' v /JrJO. dLr" ; ~~:: ~~~ .. UN ~.f~ Thank you for your recent memo concerni Mike Briggs and the Manor Forest Homeowners Association (MFHOA). I really appreci your assistance- Ma~orie M. Peterman. Vice President RlS Investment Group, Ine, 5160 West Woolbright Road Boynton Beach. Florida 33437 Dear Marge: At YO\.l: suggestion, I will be meeti with Mr. Briggs as soon as AJbert can coordinate a meeting. We are trying to get Harvcy Oell to participate as well. Although I am happy to me with Mr. Briggs, Lowell Homes really has no issues with the. MFIIOA. The question 0 helher the road remains open or closed, .should be left up to the respective Homcowncf~ ssodalions. We aL Lowell Homes have no objection to the road remaining closed, but do n01 have funds in our budget should th.is necessitate the expenditure of additional funds. I was una.ware that our Sales people Bre lelling Purchasers that the road will be open. The proper answer should be that it will be up to the Homeowners Association to decide. this issue, As an aside. I hope you have noticed that we are trying to keep the site oleaner then had previously been the case, There will always be construction debris (especil\lIy on a windy day) bUl we are doing our best. I b~tieve the overall oommunity does look considorably cleaner than it did a month ago. Thanks again for your help. .., s. Law ce Kahn, Tn Presldtnt SLK:iIS Corporllt~ onku HSl South Miaml 4....etlllC, MLamJ. Florida 33130 305/577-fl$50 flt.X; ;77-86S0 " ,., -.... - E1tnibit lie" - 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 " 25 26 27 28 ,.-- 29 30 Jl J2 :13 ~ ORDINANCE NO. 93-2 I I I I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY FLORIDA AMENDING ORDINANCES 77-7, 80-14, 82-13 and 84- 17, 85-26 and 92-13; BY AMENDING CHAPTER 23, "LAND CLEARANCE" OF THE CODE OF LAWS AND ORDINANCES OF PALM BEACH COUNTY, FLORIDA; BY AMENDING SECTION 23-3, "DEFINITIONS" AND ... . REUUMBERING SUBSEQUENT SEc.TIONS; BY AMENDING 23-5, "NUISANCE TO BE ABATED"; BY AMENDING SECTION 23-6, "PROCEDURE FOR... ENFORCEMENT"; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.01(1), Florida statutes, '1975, empowers Palm Beach county to adopt ordinances necessary for the exercise of its powers and prescribe tines and penalties for the violation of ordinances in accordance with law, and WHEREAS, Section 125.01(W), Florida statues, 1975, enables Palm Beach County to perform acts not inconsistent with law ! I which are in the cornmon interest of the people of the county, and i .1 ... WHEREAS, certain substant.Lve and procedural changes are I I appropriate in order to provide for the health, safety, and welfare of the citizens of Palm Beach County and to more effectively \ I . implement the l~.t clea_I~.!.~CL_pr:\?gram for Palm. Beach County. -- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THAT: Section 1. Chapter 23 of the Palm Beach County Code of Laws and Palm Beach County Ordinances numbers 77-7, 80-14, 82-13 and 84-17, 1 i 85-26, are hereby amended as follows: i .! .; ., ! 1 Exhibit "D" 1 2 r-. J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ("-" .. --~~ This Chapter shall be known and may be cited as the Palm Bea Section 23-1. Sh~rt title. county Lot Clearing Ordina~e. ., I It J 'I I 'I , :\ 'I ! ;\ " :1 \ '\ ,j It II ;\ I , ',1 ,. ;1. :\ ,I :1 II iI \1 II ~ \ II 'I " ,I :\ I I I .1 section 23-2. Intent. is the intent of this ordinance to: (1) establish and define minimum standards for the prop care and cultivation of vegetation upon lots 60 that does not create a nuisance which annoys the communit threatens injury to, or injures the public healt -,. safety, or welfare, or mat"erially and ..adversely affec the value, use, or enjoyment. of properties in t unincorporated portions of Palm Beach County; (2) provide for the abatement of unhealthful, unsanitary, unsafe conditions constituting a nuisance or nuisane upon lots; (3) eliminate conditions which, if uncorrected, would promo the growth and dispersal of disease-bearing insect: vectors, rats, and poisonous snakes; (" ) remove uncul t i va ted vegetation which may concea 1 t promote the creation of nuisances upon lots; (5) encourage the use of approved landfill sites clarifying the duty of land owners to take reasonab: precautions to prevent or discourage unauthorized dumpil of waste or refuse upon ~heir lots; (6) promote traffic safety by requiring clearance vegetation and other obstructions at street iritersectiol and railroad crossings; (7) establish procedures to abate nuisances adjacent 1 developed lots used or developed lots which have be, used for residential, commercial, or industrial purpose: and nuisances constituting traffic hazards generally; a I I ,I I 2 II' . , - -... --" .- ------- 1 2 J 4 5 6 7 8 9 10 11 12 1) 14 15 r-, 160- 17 18 19 20 21 22 23 24 25 26 27 28 29 JO J1 J2 JJ )4 (8) establish procedures to assure that the rights of Ie owners to the use and enjoyment of their land in a manne not contrary to this ordinance are protected, and tha compliance with this ordinance and the abatement c nuisances hereunder are done in a manner which protect property rights. This ordinance is not intended to discourage lot owners fre planting, preserving, or maintaining native vegetation in it natural state upon their land. This ordinance shall not I: construed as restricting the Board of County Commissioners frc dec1arin~ nuisances or pursuing remedies thereto outside of th I , I ,I ! provisions of this ordinance. Section 23-3. Definitions. -~The following definitions shall apply in the interpretation an enforcement of this chapter: (1 ) I I I Adjacent property shall mean the lot or lots immediate 1 adjacent or contiguous to a lot that is subject to revie under this ordinance. \ I I 1 I :1 (2) I Department shall mean the Palm Beach County Department 0 ! Planning, Zoning and Building. Developed shall mean I containing building,: structures (3) i eXCluding paving, improvements; or other soleI I II underground utilities, pipes, wires, cables, culverts 'i 'I ! conduits, or other similar improvements or facilities; 0 I plantings; all Of:Which are maintalned and rtilized in manner permitted by the Palm Beach County Zoning Code. Lot shall mean any tract or parcel of land other than a. 'I I I I .1 I (4 ) approved landfill site. (5) Native vegetation shall mean any plant species with i geographic distribution indigenous to all or part of Palt Beach County. Plant species which have been introduce( by man are not native vegetation. 3 ....""!'... . ... , 1 2 J 4 5 6 7 B 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I I r--'" ~-. ! (6) Owner shall mean the owner or owners of record of a 1 as such ,appears in the Official Records of the Clerk the Circuit Court~in and for Palm Beach County. (7) Rubble and debris shall mean waste materials resultin. from the construction or demolition of structures or buildings. This shall include construction material ISl or abandoned on site. (8) street shall mean any strip of land which is open to tt public for the use of vehicular traffic and containir delineations, signs, or other traffic control devices t channel traffic. (9) Tree shall mean any woody plant or palm which, in it mature state under normal growing conditions, reaches height of fifteen (15) feet or greater. (10) Uncultivated vegetation shall mean living plants allowe to grow in an uncontrolled manner, or not cared tor 0 maintained on a regular basis. Neither native vegetatio: in its natural state, or mangroves subject to the Pall Beach County Mangrove Protection Ordinance, shall Dt considered uncultivated vegetation. (11) Waste shall mean garbage, rubbish and refuse fro~ residential, commercial, or industrial activities, inclUding kitchen. and table food waste, animal, Ot vegetative waste that is attendant with or results fro~ th;' storage, preparation, cooking,. or handling of fooe material; paper, wood scraps, cardboard, 4 '-",.,......-:.'1;. 'J. ----------"~~--- .4. J 4 5 \,",-,; 6 7 8 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 2) 24 25 26 27 28 29 30 31 32 33 ..1--.. I I 'I ,! I ,I :1 :i ;\ c,,!9th, g l<;ls,s, _ .rubber , plastic; discarded automobiles tires and automobile fixtures; household good~ an .. appliances; toys; tools and equipment; and simila materials. (12) Yard trash shall mean abandoned vegetative material tro landscaping, maintenance or land clearing operations, an includes such materials as tree and shrub trimmings grass clippings, palm fronds, tree limbs, tree stumps and similar materials. I I Section 2~-4. Nuisance declared. I i It is hereby declared and determined by the Board of Count- I Commissioners of Palm Beach County, I I I I I I , :1 .1 sha 11 each Florida, that the tollowiro individually, or in any combinAtion, be considerec nuisances when they exist upon a lot in the unincorporated area 0: Palm Beach County: (3) :1 (4) 'I I " ,I .1 (5) 'I I I (6) 'I I 'I :1 'I ! ( 1) Accumulations of waste, yard trash, or rubble and debris; (2 ) Accumulations of waste, yard trash, or rubble and debri~ that may harbor rats or poisonous snakes or that may contain pools of water that may serve 0.8 breeding ground~ tor insects or other disease vectors; Uncultivated vegetation greater than eighteen (18) inche~ in height; Schinus terebinthifolius (commonly known as Florida Holly or Brazilian Pepp~r) bushes or trees, if uncultivated; Uncultivated vegetation that constitutes a fire hazard; or \ Vegetation, whether or not cultivated, that impedes or obstructs adequate view ot intersections, traffic signs, railroad crossings or traffic from any street, road, or highway. 5 " .:.. 1 2 ) 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 ('-" hO 21 22 23 24 25 26 27 28 29 )0 :n I the ! I ,I ,I ,; .j I ,I. .! I ...J :1 'I ,I , :1 'I ,I :1 : ,I' I :1 .1 d ,I 'j i :, ! I ,\ I '. i Section 23-5. Nuisance to be abated. It is further determined by the Board of County Commissioners tt any nuisance declared by t~is ordinance which is found upon a : in the unincorporated area of Palm Beach County shall be abated following manner: (1) If the nuisance consists solely of accumulations waste, yard trash, or rubble and debris as provided Sections 23-4 (1) and (2), it shall be abated in entirety, provided that the nuisance lies upon a which is adjacent to a property which is developed used or has been used tor resident~.al, commercial industrial purposes; or (2) If the nuisance consists solely ot uncultivllt vegetation as provided in Section 20-19, Paragraphs (: (4), and (5), only so much of the nuisance shall ,,,bated a~. lies within twenty-five (25) t~et of t boundary of any adjacent property which is developed a used or has been used for residential, commercial industrial purposes. rh cases involving areas declar by the Board of County Commissioners as bliqhte pursuant to state statutes or in any cases which there evidence of vagrants using the overgrown property f habitation or that crimes of a violent nature or crim involving the sa~e or possession of illegal substanc are occurring on the premises, then the nuisance may abated in its entirety, provided that the nuisance Ii upon a lot which is adjacent to property which developed. The evidence required must be documented the Palm Beach County Sheriff's Department or oth appropriate Law Enforcement Agency. 6 1 2. ) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 Jl 32 ,. .1 I I I I I, I I I .\ I \. r 1 I I i I I --r For purposes of this section only, right-of-ways shall t considered adjacent, developed property. The owner ar the department are encouraged to preserve, and need n{ clear trees and Serenoa repens (commonly known as S, Palmetto); and provided further that the owner and the department a1 encouraged to clear melaleuca quinquenervia (commonly known as Punk Tree, Cajeput, or Paper Bark Tree), casurina Spp. (colMlonly known as Australian Pine); Acac; Ariculaeformis (commonly known as Earleat Acacia); ar ".provided further that the owner and the department sha: clear Schinus terebinthitolius (commonly known Brazilian Pepper or Florida HOlly). (3) If the nuisance consists of the obstruction of adequA1 view of intersections, crossings or traffic signs , provided in Section 23-4 (6), the nuisance shall be abate in accordance with the provisions of Article 7, Sect!, 7.3.H.8 of the Unified Land Development Code (Safe Sigt Distance Triangles), or, when not provided in th, section, the nuisances shall be abated 80 as to afford clear, unobstructed view; or (4) It the nuisance consists in part of uncultivat( vegetation and in part of other nuisances declared 1 this ordinance, the provisions of Section 23-5 (1), (: and (3) shall each apply, to its abatement. section 23-6. Procedure for enforcement. (1) The Department is empowered to enter upon and inspel lots on which a nuisance is suspected to exist. i-nspection . reveals the presence of a nuisance, tl Department shall notity the owner by registered or 7 c. .! ~~ . 1 2 " 3 5 i , 6 I' 7 I' I ,Ii. !' a 'I 9 !I I, 10 11 (""". 11 --tr 12 Ii II d 13 II !, 'I 14 \1 15 :\ 1\ 16 ;1 ,I 17 I! 18 I: II .1 19 " \' 20 II 21 I 22 i 23 I 24 \1 2S I. " 26 I I 27 \ 28 , 29 30 J1 ; )2 (I 3J II I. 34 i I 35 , , , I il II I : ~ , certified mail, return receipt requested, sent to t last known address of the owner, that a nuisance exi: which is a vio1at..ion of this ordinance. The notice sh; also: (a) advise.the owner of the right to a hearing provided in Section 23-7 of this ordinance; (b) spec. ,}:,hat cor:r~ctive action must be taken; (cl state that failure to abate the nuisance will result in the Department abating it, the cost of which action shall assesse~ against the property; and (d) that a lien sh~ be recorded against the property. The appeal fot required in Section 23-7 shall be incl~ded in the noti, along with a statement that such must be used to appf the administrative determination. The owner shall ha thirty (30) days from the date notice is mailed to aba the nuisance. (2) If an appeal is filed, enforcement action shall proce as provided in Section 23-7. (3) It no appeal is filed as provided in Section 23-7, or the notice sent as provided in Section 23-6(1) returned unclaimed, the Department shall upon tl expiration of the notification period reinspect the 1, to determine whether or not the nuisance has been abatec If the Department determines that the lot still harbo. a nuisance, it shall cause its abatement according to tl provisions of this ordinance. To accomplish that goa. the Department or its agents, are authorized by the Boa: of County Commissioner to enter upon the lot and to ta: steps reasonably necessary to effect abatement. (4) If abatement is effected by the Department as provided section 23-6(3), the cost to the county of abating t nuisance on each lot, including an administrative a operating fee ot two hundred fifty dollars ($250.0 shall be calculated and reported to the property owne Such notice shall advise that failure to pay the cost 0 8 r~ "., abatement, plus the administrative fee, within tourt. (14) days from date of such notice will result in ' County filing a lien against the subject parcel for total cost. Upon failure of the property owner to pay the cost abatement, plus administrative fee, the Board of COUI Commissioners shall, by resolution, assess these COl against the lot. The resolution shall describe the It show the cost of abatement, and specify administrative and operating fee. The Department sh, ~~-mail a notice of the asses~ment to the owner at his Ii known address. Until full payment is receiv. assessments shall be legal, valid and binding obligatil upon the property. The assessment shall become due t payable to Palm Beach County as ot the data ot mailing of the notice of assessment, interest shall bet; to accrue at the rate of twelve (12) percent per annum any unpaid portion thereof. (5) As soon as possible after the assessment has been made I resolution of the Board of County Commissioners, certified copy of the re~oluti9n shall be recorded in t Official Records of Palm Beach county maintained by t Clerk to the Board of County Commissioners. A lien sha become effective on the date that a copy ot t resolution is recorded by the Clerk to the Board County Commissioners. (6) Such lien assessments, together with interest thereo may be enforced by civil action in the appropriate cou of Palm Beach County. The lien created hereby shall a first lien equal to a lien tor nonpayment of proper taxes on any lot against which an assessment tor costs abate a nuisance has been recorded and the lien shall 9 -~---------_..- --"------- .; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ("~ i I I II ~ \ .11 II !l it I' il i, II II L I: !\ I, il II i' I I I I I 28 29 30 31 32 33 34 35 Commissioners. (7) The Department shall -,il a notice that a lien has b~ recorded to the owner of record of each lot described the resolution. The notice shall be sent by certified registered mail, return receipt requested, to the' owner .. last known address. The notice shall be in a form prepared by t Department which shall include the following informatic (a) Name and address of .the owner; (b) Legal description of the lot where the nuisance h been abated; (c) Date of mailing of the notice of the lien; (d) A brief description of the nuisance; (e) Date that notice was originally sent to abate t. nuisance; 1 , j ! I I I' \\ \i Ii j: .1 :1 , (f) A statement of the actual costs of abatement, tl administrative fee, and any interest due; (g) Date and number of the Board of County Commissiont resolution assessing the costs of abatement of tl nuisance; (h) Instructions regarding payment and removal of tJ lien; and information necessary ar (i) Additional as (8) appropriate. Nothing in this part shall prevent the Department fre pursuing enforcement of this Ordinance through the Coe Enforcement process. Section 23-7. Appeal Procedure. I Within twenty-five (25) days after the initial notice of a nuisane 1\ '\ is sent by the Department as provided in Section 23-6, the 1e owner may make written to the Palm Beach Coun1 request Environmental Control Hearing Board for a hearing to show that th, i II .1 I' ,I 10 ~I' II I. . -:,..,.. .... ./.. ;-.., 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 J2 JJ 34 1 2 J 4 5 6 7 8 9 i ! condition alleged in the notice does not exist, or to show that condition does not constitute a nuisance. Notice of the right a hearing shall be included in the initial notice to the lot own ;1 The owner's appeal shall be submitted upon forms to be provided II II I I I I I I the Department, and shall be accompanied by a certified check money order in the amount at one hundred dollars ($100.00) m payable to Palm Beach County, which amount shall constitute a necessary to defray the costs to the County, the Department, the Environmental Control Hearing Board ot processing administering the appeal. Failure to file an appeal or to appe before the Environmental Control Hearing Board in a timely ..J shal~ be deemed a r..<aj,.yer---of the"lot owner's rights to appeal administrative action. I I Hearing Board shall hear the appeal on its regularly schedu I, 'I II II I' The Palm Beach County Environmental Cont agf:npa. ThE; ,.,PallU Beach, <;o,unty Envj,ronmental Control Hearing -Bo, shall give the lot owner seeking an appeal .written notice of . date and location of the scheduled hearing. At the hearing, tl County and may introduce the lot such evidence as owner relevant. The hearing shall be conducted in accordance with rules of procedure of the Environmental Control Hearing Board. decision of the Palm Beach County Environmental Control Hear: Board shall be final. ,l,section 23-8. Appropriation and Budgeting of funds. II Clearing of lots is declared to be for a county purpose, and 1 II Board of County commhsioners of Palm Beach County is authorired appropriate tunds and establish budget categories to carry out 1 purposes of this ordinance. Funds received by the county under 1 terms of this ordinance shall be credited to the appropri. accounts ot Palm Beach County as follows: ( 1) I Funds received pursuant to Section 23-6 (Procedure Enforcement) shall be deposited in the Planning, Zon: , and Building accounts of Palm Beach County; . II I. 11 . ~.T" :,.. , ~ 2 J 4 5 6 7 8 '9 10 11 12.., r-, II 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I ., 'I 'I !l II II I: l' ,I I I I Funds received pursuant to Section 23-7 (2) (Appe. Procedure) shall be equally divided between and deposit, in the accounts of~Planning, Zoning and Building and t: accounts of The Environmental Control Office. The funl received hereunder as tees shall be used exclusively , offset the cost of administering the functions tor whit they were collected. :'1' II SECTION 2. INCLUSION IN CODE. II Ordin~nce shall be incorporated into the Code of Laws al {~'Ol"din~lOCes of Palm -Beach County as Chapter 23 thereof. The worr ':'1 ordinance, article, chapter, and section may be changed accomplish codification, and the sections and paragraphs may l' ,I renumbered to accomplish codification. Ii II : i SECTION 3. !I paragraph, sentence, clause, phrase or word of this Ordinanc~ i tor any reason held or declared to be unconstitutional, inop8rati~ The provisions of Section 1 of th: SEVERABILITY. It any section, part of a sectim or void, such holdings or invalidity shall not affect the remainir. portions of this Ordinance and it shall be construed to have bee the legislative intent to pass this Ordinance without sue unconstitutional, invalid or inoperative part therein, and th remainder of this Ordinance, after the exclusion of such part c parts, shall be deemed to be held valid as it such part or parts had not been included therein, or it this ordinance or any of th provisions thereof shall be held in group ot persons, property, II 1\ I I I kind of property, circumstances or set ot circumstances, suc' holding shall not affect the applicability thereof to any person property or circumstances. I 11 :1 ;\ I. :1 :1 t. ,I 'i 12 l 2 J 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r-. I:' . :1 become effective upon receipt from the Florida secretary, of S l\ I, \1 \1 I II I l! 'i .1 " SECTION 4. i; ............ EFFECTIVE DATE. The provisions of this ordinance 5 of official acknowledgement that this Ordinance has been filed the Department of state, This ~ day of January , 19~ 6 PASSED AND ADOPTED: I I i II I Acknowledged by the Department of State of the state at 'Florida, II this the ~ day of February , 19-21-. !I II il Effective Date: !\ this 8th ,II' \1 t:- I ,\ I; 'I \1 I 1 i I BOARD OF COUNTY COMMISSION 1 OF PALM BEACH COUNTY, FLORJ BY: *. C DCA ~HV ,WILKEN. CLER Boord ot c"(jnty commiSSi(!erll SyCllh :J-~ .~~ OEPUTY CLERK Approved as to Form and Leq~Ci.nCY ~~~~ County/Attorney !l II j " il II " I, '! I .j Received from the Department of State and filed day of February , 19~ at 11:31 a.m. ,....".':..~:~f~..~ . 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MANOR fOREST ..: '. _a.-rv.. . fOR . ~.. ,."....,. -,~._,." :,,',. ~_ __-- ....... - .1 ~..,..,...., \ DMI~~u. ~nl IT __.__.._._..r......----~.-------------.--------- ~ ......---'''''------ ---- FO~llow MANOR FOREST HOME OWNERS ASSOCIATION 4110 Manor Forest Boulevard Lantana, Florida 33462 September 13, 1996 Nfichael Rumpf Senior Planner City of Boynton Beach Enclosed please find a copy of a lawsuit filed by Lowell Homes, RBG X L ro. , a Florida partnership, and Lawrence Oaks Homeowners Association, Inc. , a Florida corporation. In item nwnber 2 of the complaint it states that "Plaintiff Lowell is the owner and developer of 138 of the 178 single family lots within the development of the southern portion of the Manor Forest PUD, known as Lawrence Oaks ("Lawrence Oaks"). Take note of the date that this lawsuit was notarized (July 12, 1996). On November 15, 1994 an application was made for the annexation of 42 acres by Lawrence Oaks - Oriole Inc. and (Lowell Homes) listed under these names, This application was signed by Lany Kahn 111 President (Lowell Homes), Mark Levy President (Lawrence Oaks- Oriole Inc.) and Harvey Geller President of (Vanguard Realty and Development). This application was applied for with a proposed zoning of PUD. It is my understanding that this application has been completed and city zoning maps cWTently show there is a PUD where Lawrence Oaks is located in the City of Boynton Beach. We, the Board of Governors of Manor Forest Homeowners Association Inc. do not understand this confusion, As the owner of the property one would like to think Mr Kahn knows whether he is in the city or county. CWTently it is believed that the City is issuing pennits and perfOlming inspections on this property in question. If this property is in a PUD in Palm Beach County as ~ Kahn states in his lawsuit one has to question whether Boynton Beach should be conducting business there. CWTently expenses on our side of this lawsuit greatly exceed $10,000.00. We, the Board of Govemors of Manor Forest Homeowners Association Inc hereby request to be notified in writing where this development is located and what PUD it is in. Is it possible to be in the city and COlUlty at the same time and the residents can choose which govermental agency they want to pennit their home and enforce laws? Who is this governmental agency responsible for enforcing codes, rules, and regulations in this development? We further believe that this is an EI\ffiRGENCY that could greatly impact the living standards and fmancial stability of both communities and needs immediate action. Fo~llow MANOR FOREST HOME OWNERS ASSOCIATION 4110 Manor Forest Boulevard Lantana, Florida 33462 Thanking you in advance for your immediate help in this matter. Sincerely; Board of Govemorsl Manor Forest H.O.A. Inc. ~/P.lS. ~/, ~ THANK YOU and have a great day! cc: Carrie Parker, City Manger City Commission (5) Don Jaeger, Building Official John Guigry, Utilities Director Bob Gibson, Public Works Central File Tambri Hayden, Planning and Zoning Director Dorothy Moore, Zoning and Site Plan Reviewer Project file Chronological File TRC FILE IN THE CIRCUIT COURT OF THE FIFTEENTHrJUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL CIVIL DIVISION CASE ~L 96U06156 ).) /,' LOWELL HOMES, RBG X LTD., a Florida limited partnership, and LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC., a Florida corporation, 'L .: , , . Li) HjH ntli : d I Plaintiffs, , !III i l!):)f) I i! 1 VE~IFIED ~OMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES v. MANOR FOREST HOMEOWNERS ASSOCIATION, INC., a Florida corporation Defendant. Plaintiffs, LOWELL RBG X LTD., a Florida limited partnership, (hereinafter referred to as II LOWELL II ) and LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC. , a Florida corporation, ("LAWRENCE OAKS ASSOCIATION II ), by and through undersigned counsel, hereby sue Defendant MANOR FOREST HOMEOWNERS ASSOCIATION, INC, , a Florida corporation ("MANOR FOREST"), and allege in support thereof: 1. This is an action for injunctive relief and damages. Plaintiffs seek to require Defendant to remove an illegal fence constructed across a road in the Manor Forest Planned Unit Development ("MANOR FOREST PUD") , and to clean up a cornmon recre- ation area within the PUD that has been used as an unsightly r ~'l\IIAllU\14o;.900.I\OlltI/9l> GRHNIIEIlG TRAlIIIIG HOFFMAN tll'OfF HOSEN & QIIENTEL, P_A. ;'\5 EAST LAS OUS BOIII.EYAlllJ FOIIT 1,,\OIlEIlIlALE, FLOIlIll,\ 3:I:iOI lJ;,4-7(,;,-O:'iOO FH l):'i'~-76:'i-1'177 MIAMI FOIlT LAlJDElllJALE WEST PALM BEAUI TALI,,\IIASSEE OIlLANDO NEW YORK WASIIINt;TON, D.C_ dumping ground for dirt and other debris. The damages in this action exceed $50,000.00, .. exclusive of interest, costs and attorneys' fees. 2. Plaintiff LOWELL is the owner and developer of 138 of the 178 single family lots within the development of the southern portion of the MANOR FOREST PUO, known as Lawrence Oaks ("Lawrence Oaks") . 3. Plaintiff LAWRENCE OAKS ASSOCIATION is a home- r. owners' association ~Qrmed to own and maintain the cornmon areas within the Lawrence Oaks portion of the MANOR FOREST PUD. 4. Defendant MANOR FOREST is a homeowners' association formed to own and maintain those cormnon areas within the MANOR FOREST PUD not owned and maintained by LAWRENCE OAKS ASSOCIATION. 5. Plaintiffs have performed all conditions precedent to the filing of this Complaint, or any such conditions have been waived or excused. 6. Venue is proper pursuant to Chapter 47, Florida Statutes. 7. Plaintiffs have retained the services of the under- signed law firm to prosecute this action. Plaintiffs are obligated to pay the law firm reasonable attorneys' fees for the services rendered in this matter. BACKGROUND ALLEGATIONS 8. The MANOR FOREST PUD is governed by two homeowners' associations, namely Plaintiff LAWRENCE OAKS ASSOCIATION and Defendant MANOR FOREST. FTl \HAllS\ 145900. I \Ol/ll/gb 2 GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.1\., 515 EAST LAS OI.AS f10llLEVAIW FOIIT LAUDERDAl.E, FLORIDA 333/l1 954-765-/l5/l/l FAX 954-765-1.177 MIAMI FOIIT LAlIllEIWALE WEST PALM BEACH TAI.I.AHASSEE (jIlLANlIO NEW YORK WASHIN(;TON, D.C, 9. Defendant MANOR FOREST includes owners of the lots in the northern portion of the MANOR FOREST PUD known as Phases I and II. 10. LAWRENCE OAKS ASSOCIATION includes the owners of the lots in the southern portion of the MANOR FOREST PUD, known as Phase III or Lawrence Oaks. 11. LOWELL is the owner and developer of 138 lots within Lawrence Oaks. 12. The MANOR FOREST PUD contains a single main road known as Manor Forest Boulevard, which runs generally north to south. 13. Defendant MANOR FOREST, without proper authorization or the consent of LAWRENCE OAKS ASSOCIATION, and without permits or approvals from Palm Beach County authorities, caused a chain-link fence to be erected across Manor Forest Boulevard. 14. The chain-link fence is unmarked and unlighted, and no signs have been posted to indicate tb-a~proaching motorists that the fence blocks the roadway. .--' 15. ..The fetlGi! .is a hazard-to residents both north and south of the fence, because it is unmarked, because it blocks access for emergency vehicles, and because the area where the fence is located does not provide turn around for emergency vehicles or other vehicles. 16. The obstruction presented by the fence is a great inconvenience to the owners of new homes located in the Lawrence FTl \HAllB\ 14!>900. I\OJ /ll/<}6 3 GUEENDEIlG TIlAUIlIG HOFFMAN LlPOFF ROSEN & QUENTEL, p,A_ 515 EAST LAS Ous BOUl,EVARIl FOIlT LAUDEIlIIHE, FLOllllH 3:5301 ~5'l-765-0500 FAX ~54-765-1477 MIAMI FOIlT LAlIIIEIlIlAI,E WEST PALM BEACH TALLAIIASSU; OIlLANllo NEW YOIlK WASHINGTON, D.C, Oaks portion of the MANOR FOREST PUD because it forces them to travel out of their way to enter and exit the MANOR FOREST PUD. 17. The situation is also detrimental to the marketing '_J - efforts of LOWELL. MANOR FOREST was designed and approved as a single development. Manor Forest Boulevard was intended to provide through access for all. residents.' The, presence of the ,.fence blocking the roadway impedes the intended access, and prevents the development from functioning as intended and as needed for proper traffic flow. The presence of this obviously unplanned fence in the roadway creates concerns in the minds of prospective purchasers which discourages them from purchasing homes in Lawrence Oaks. 18. The fence is not permitted by the approved master plan for this PUD. Manor Forest Boulevard was approved and platted to flow without obstruction throughout the entire PUD. 19. Upon information and belief, on or about August 17, 1995, MANOR FOREST applied for approval from Palm Beach County to close off Manor Forest Boulevard to through traffic. However that application was administratively withdrawn because the application was not certified by the Development Review Committee. Therefore, the obstruction of Manor Forest Boulevard has not been approved or permitted. 20. Plaintiffs have contacted Defendant MANOR FOREST and have advised it that the fence is illegal, dangerous, and a nuisance to residents of the southern portion of the MANOR FOREST PUD, and have demanded removal of the fence. .. f Tl \HAllD\ 14'5'lOO.I\OI/II/96 4 (;nt;ENII~:nG TnAUnlG HOHMAN LII'OFF nO~t:N & QUENn:L, I',A. 515 EAST LAS OLA~ BouLEvAnD FURT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDAl.E WEST PALM BEACH TALLAHASSEE ORLANDO NEW YORK WASIIINGTON, D,C. 21. Despite demand, Defendant MANOR FOREST refuses to remove the fence. COUNT I -- ACTION FOR INJUNCTIVE RELIEF AND DAMAGES--REMOVAL OF FENCE BLOCKING PUBLIC ROAD Plaintiffs sue Defendant MANOR FOREST and reallege Paragraphs 1 through 21 as if set forth fully herein. 22. Defendant MANOR FOREST has created a dangerous, illegal, inconvenient and unjustified public nuisance by blocking access through Manor Forest Boulevard. Photographs of the blocked road are attached hereto as Composite Exhibit "A". 23. This fence presents a nuisance which must be enjoined, under equity and the common law of the State of Florida. 24. If left unenjoined and unabated, the continued existence of this fence "presents cr' . -co-11tinued threat to the-~ residents of the MANOR FOREST POO, the motoring public, and emergency personnel, causes and will cause annoyance, inconvenience .. . ." I 1 ,~,. ~ t "' I . . '. . .. , and aggravation to the present and future owners and residents of Lawrence Oaks, and will continue to damage LOWELL's ability to sell homes in Lawrence Oaks. 25. Defendant MANOR FOREST's failure to abide by the law, and violation of the law by erecting a barrier across a public road, which it has no right to close, is causing present and imminent irreparable harm, in that owners of property in the Lawrence Oaks portion of the MANOR FOREST POO are being endangered by the obstruction created; are being endangered by the obstruction to emergency vehicles; are being endangered and inconvenienced by .. r Tl \UAltO, lotSqno. I \OT /11/96 5 CUHNIlElll; TUAUUIG 1I0FI'MAN 1,11'01'1' HO~t:N & QUENTEL, I',A. 515 EAST LAS OLA~ BOULEVARD FORT LAUPEIlDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAIIASSF.E ORLANDO NEW YORK WA~II[NGTON, D.C. . . the inadequate turn-around; and are being inconvenienced in obtaining access to their property. 26. Further, the value of the property owned by LOWELL and by owners of new homes in Lawrence OaKS is being diminished, in that access to .those homes 'has been s~ve-rE!ly restricted, and madeJ greatly inconvenient, by the illegal closure of this road. 27. The re~ov~~ of the fence is necessary to prevent serious future injuries and the other harm outlined above which harm cannot be estimated readily or compensated fully by monetary damages. Further, because such damages are inherently uncertain of calculation, Plaintiffs lack an adequate remedy at law. 28. Plaintiffs LOWELL and LAWRENCE OAKS ASSOCIATION are suffering injury different in kind, type and nature from that suffered by the public generally due to their daily use of the southern portion of Manor Forest Boulevard to access their properties; due to the danger of traffic accidents likely to occur in the southern portion of the MANOR FOREST PUD; due to the diminution in property value caused by the illegal closure of the road; and due to the special inconvenience they suffer. 29. Defendant MANOR FOREST has no legitimate right or interest in closing Manor Forest Boulevard as outlined above, and is consequentially endangering the safety and well-being of Plain- tiffs, as well as harming their property values and greatly incon- veniencing their access to their homes. Accordingly, the balance of equities points entirely toward the granting of the request of injunctive relief. The issuance of such relief is in the public .. 6 F n \IIAlIR\ 14'iQOU.I\Ol/ll/<J6 (;IlEENnERG TRAURIG HOFFMAN L1POFF HOSEN & QUENTH, I'.A. 515 EAST L,\s OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAIIASSEE ORLANDO NEW YORK WASIIlNGTON, D,C, interest, as well, due to the nature of the violations at issue and the inherent danger of allowing such violations to continue. WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment requiring Defendant MANOR FOREST and its officers, directors, employees or agents, as well as anyone else operating under their authority or control, to remove immediately the barrier erected on Manor Forest Boulevard and to enjoin the Defendants from erecting such a barrier in the future. In addi- tion, Plaintiffs request such other and further relief as this Court deems appropriate. COUNT II - ACTION FOR INJUNCTIVE RELIEF AND DAMAGES--FAILURE TO MAINTAIN RECREATION AREA Plaintiffs sue Defendant MANOR FOREST and reallege Para- graphs 1 through 21 as if fully set forth herein. 30. Defendant MANOR FOREST has failed to maintain properly one of the common areas of the MANOR FOREST PUD, which area was platted and approved by Palm Beach County as an open recreational area. Specifically, MANOR FOREST has failed to maintain properly a multi-acre parcel of open land known as Tract . ~J A of the ReplatUof Manor Forest Plat No.2 PUD, as recorded in Plat Book 54, Pages 133 and 134 of public records of Palm Beach County, Florida (Tract "A"). 31. Tract "A" sits directly to the east of Manor Forest Boulevard, across the boulevard from single family lots located within Lawrence Oaks. .. r Tl \HAll"\ 14S'JOO. 1 \01/ J 1/96 7 GIl~:ENnEIlG TRAUIlIG HOHMAN LIPOfF ROSEN & QUENTEI., I',A. 515 EAST LAS OLAS BOUI.EVARD FORT LAUDERJ>ALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDAI,E WEST PAI.M BEACH TALLAHASSEE ORLANDO NEW YORK WASHINGTON,D.C, 32. A copy of the Replat of the Manor Forest Plat No. 2 PUD, showing the area in question, is attached as Exhibit "B". 33. Tract "All is expressly reserved under the MANOR FOREST PUD as "open space and recreation. II The Plat recites the following in the dedication for Tract IIA". Tract A as shown hereon, i.$J:l~,r.~by r~served for .open space - and recreation and is the perpetual maintenance obligation of Manor Forest Homeowners' Association, Inc., its successors and/or assigns without recourse to Palm Beach County, Flor.ida. "_.J 34. MANOR FOREST has not maintained Tract IIA". Instead, it has allowed it to become a dumping ground for excess fill and refuse, and further has allowed it to become overgrown with weeds and other undesirable vegetation. Tract "A" is consequently an eyesore. It is not usable by the homeowners and it is not being maintained in accordance with the requirements of the MANOR FOREST PUD. 35. The unsightly condition of Tract II A" and its location immediately adjacent to the Lawrence Oaks portion of the MANOR FOREST PUD , deprives LAWRENCE OAKS ASSOCIATION and the members of its association of the aesthetic benefits intended by the development plan for the PUD, which restricted the property to open space and recreation; and, instead subjects the association and its members to an eyesore. 36. A photograph of Tract "A" is attached hereto as Exhibit "C.II 37. Failure to maintain Tract "All not only constitutes a nuisance to surrounding landowners, but is also interfering with .. 8 rn \HAllB\ 145100. 1 \OJ 111/96 GREENOEIlG TIlAUIlH; HOFFMAN LIPOFF ROSEN & QUENTEJ" P.A, 515 EAST LAS UJ,AS IlOULEVAIlI> FORT LAUDERDALE, FLORII>A 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE OIlLANDO NEW YOIIK WASHINGTON, D,C, Plaintiff LOWELL's sale of the remaining vacant lots within the MANOR FOREST PUD. 38. LOWELL's property is located in such proximity to Tract "A" that persons intending to purchase homes on such lots would not be able to avoid seeing Tract "A" . Prospective purchasers may refuse to close on homes located near Tract "A" unless the area is cleaned up and landscaped prior to the closing. 39. MANOR FOREST's failure to maintain Tract "A" is also a violation of Palm Beach County Ordinance No. 93-2, which specifies, in pertinent part, that with respect to vacant lots, "accumulations of waste, yard trash, or rubble and debris," or "uncul ti vated vegetation greater than eighteen (18) inches in height," constitute an abatable nuisance when such lots are located upon tracts of land which are adjacent to developed property. A copy of Ordinance No. 93-2, of the Ordinances of Palm Beach County, Florida, is attached hereto as Exhibit "D". 40. Accordingly, Defendant's failur.!= to properly_~ maintain this Tract as a common recreation area, must be enjoined as a nuisance under equity and the common law of the State of Florida. 41. If left unenj oined and unabated, this nuisance threatens continued annoyance, aggravation and depression of Plain- tiffs' property values. 42. Further, Defendant's failure to abide by its maintenance obligations and to landscape and maintain properly Tract "A" as a common recreational area, is causing present and .. F Tl \IlAUD\ 145')00. I \01 III 1"6 9 (;IlE~;NIIEIII; TrL~UIIIC 1I0FFMAN LIPOFF HOSEN & QUENTEL, !'.A. 515 EAST LAS Ol-AS BOlJl.F:VARIJ FURT LAlJIlEIIDALF:, FLIlIIIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FOIIT LAUDEIIDALE WEST PALM BEACH TALLAHASSEE ORI.ANDO NEW YORK WASIIINGTON, D.C. imminent irreparable harm, in that the continued existence of Tract "A" in this condition is depriving the homeowners represented by Plaintiff LAWRENCE OAKS ASSOCIATION of the aesthetic benefit of the landscaped, well-maintained community that is part and parcel of the homes they purchased, is further damaging Plaintiffs' property values and, as to Plaintiff LOWELL, is interfering with its"ability to further 'develop and market the remaining vacant lots in the area. 43. Due to the nature of the damages involved, the ,-. extent of this harm cannot be estimated readily or compensated fully by money damages, and Plaintiffs, therefore, lack an adequate remedy at law. 44. Due to the negative impact on surrounding property values caused by this unmaintained tract of land, and due to Plain- tiffs' close proximity to the tract in question, Plaintiffs' damages are different in kind, type and nature from those suffered by the public generally due to this nuisance. 45. Defendant has no legitimate right or interest in violating the requirements of the PUD as outlined above, and in causing to Plaintiffs the resulting damage outlined above. Accor- dingly, the balance of equities points entirely toward the granting of the requested injunctive relief. 46. Due to the nature of the violations at issue, the public policy of Palm Beach County, as declared in Ordinance No. 93-2, and the beneficial aspects to the public at large of requiring this tract of land to be maintained as specified in the ~ fl. \tlAllY\ 14~<)OO. I \OI/11/9b 10 GREENBERG TllAlJRIG HOFFMAN LIPOFf HOSEN & l,llJENTEI., !',A. 515 EAST LAS o,-,\S BOlJl.EYAllO FOllT LAlIlJEllIlALE, FWlllllA 33301 954-765-0500 FAX 954-765-1,177 MIAMI FOllT LAlIllEllllAI.E WEST PAl.M BEACH TALLAHASSEE OIll.ANlJO NEW YOllK WASHINGTON, D_C, PUD, the public interest would be served by entry of an injunction ~ as well. WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment requiring Defendant to clean up the area and make it suitable for recreational use, enjoining Defendant MANOR FOREST, its officers, directors, employees, agents or anyone operating under their authority or control, from continuing to allow Tract "A" to be used as a dumping ground, and from continuing to fail to maintain it in conformity with the requirements of the MANOR FOREST PUD. Plaintiffs request such other and further relief as this Court deems appropriate. Respectfully submitted, GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. Attorneys for Plaintiffs 515 East Las Olas Boulevard Suite 1500 Ft. Lauderdale, Florida 33301 Telephone: (954) 765 - 0500 Telefax: (954)}5 -1477 By: r.. JEFFREY GILBERT Florida Bar No. 375411 rTL\HAll8\14!o900. l\OI/ 11/96 11 GI1EENBERG TRAURIG HOffMAN LIPOff ROSEN & QUENTEL. P.A. 515 EAST LAS Ous llOULEVAIlO FOIlT LAU[}EltOALE. FWIlIllA 33301 954-765-1l500 FAX 954-765-1477 MIAMI FOIIT LAUOEllllALE WEST PALM BEACH TALLAHASSEE OIlLANIHl NEW YOIIK WASIIINGTON. D.C. f"'-; VERIFICATION . I;' I We have read the foregolng allegatlons and hereby certlfy the same to be true and correct to the best of our personal knowledge. LOWELL RBG X, LTD., a Florida limited partnership By: Lowell Homes, Inc., its General Partner By: ~(L Title: . "j LAWRENCE OAKS HOMEOWNERS AS T N, INC. 1J' '12 If.g STATE OF FLORIDA SS: COUNTY OF DADE [NOTARIAL SEAL] Notary: Print ame: Nota Public, St te of My commission expires: before me this~~ as appeared befor The foregoing instrument was ~cknowledged ~ of July, 1996 by 6 L' Ie: 4f-IAJ ~ . . of LOWELL HOMES, INC. He/she perso 11 me, is personally known to me or produced as identification. ...".... SUSAN ~.~~.'.!y,f1:-o LEIBEL-SERRATS i.(ti.'\.~ MY COMMISSION' CC 387889 ~~;~;;{.; EXPIRES: June 27,1998 "'f.p.r;:l~~'" Bonded Thl\l Notary Public Underwl118rs SS: COUNTY OF DADE The foregoing instrument ~s aCkn~edged ~ of July, 1996 by 4/~Ad e/J-./{ ~ e..<. of LAWRENCE' OAKS HOMEOWNERS ASSOCIATION. personallK app~ared ~efore me, is person 11 w produced (JtJ U//? ~ :.tJ/).??/1Ly as ident' f 'cca / . Notary: Print Not y Public, St~~e of My commission expires: rNOTARIAL SEAL 1 before me this /~ as ...~-;;..rf;;:'~.. SUSAN LEIBEL-SERRATS "'1):&''1%' t.:' :.\ MY COMMISSION' CC 387889 ~, ,~} EXPIRES: June 27,1998 ...;t,jff.:~~-:;., BllIlded Thl\l Notary Public lJndBrwri1Brs fll\HALW,' 145<)O!l. l,\OU 111?b 12 GREENBERG TRAURIG HOHMAN LIPOFF ROSEN & QUENTEL, P_A. 515 EAST LAS OLAS BOULEY,\lllI FORT LAUUEIlDALE, FLORIDA :i:\:{O! ()54-U.5-0500 FAX 954-765-1477 MIAMI FIIUT LAUUEIWALE WEST PALM BEACH TALLAHASSEE OIlLANIlO NEW YOUK WASIIINGTON, D.C. ~.. ;~~I~::\~F ('"~" composite E1thibit ,t A" - - .----..-.--...-----. 1I~1I '1l\'iC'a - - 'Q'O.lt jl .. r .1 .' i~ . ;S iii'~i\ ;: '\ 'i ' ~ Ii, \ \ \ \ \ =\llf!. ~ ~ \... ! ! ',1 , , I C . Iii lU wIJ~. ; !l: \ z !t ~ t- t-I ~. ..,. I \;illS ... ''1 _~;J \ ~ d\l.~ .: ~ :r. III ~ ,..o~ ~~1O .";. :z 0: " .;:: '.. .. ell ..:. .~.. :l '" 0: t'A ~ '6 c:i (\I ~ <t . ~ ~. ::> ". .. ,~ c> ~ iliff; ~ .." ~..: ~ .. II) .. ;~~. ~. .. . u. <( ... ... t- O .....e... .. .t ~ ' .J.t:.1IJ % ~ ..' " ",: ,,', go '(r.Z .. &~ c J 4. 0- . ... ~'U; .. UJ ~ '3'5 I m ~u.. ~ ~ i 'il c.: .-. ~ C' - ~;:. . \ Ii \ I df \ " $ . . . \' ~... J.. \ .... ~..:;i ." .' .' - . ..~ ~'~! ''''--4 ~' , ...;~ ..... ,. ~ ;~". ~\Xi1E -::::.:::.:.;.. -~1',! ;~~ V (; ..~ ...--.-....-....... I ~ 'I. .. 1':. ';. ---..::--;- to:~ ...,.,..'" __~" ,t i _" ,. if'- ~ J - . _' { oJ V.... 5 i..J,.f.~::;:S"'~ ~ -;na i -=-\.1 \ ~ ~ d .1 . , I S I ~. . I" Iii ~s* ~\\ .. ~ \~.i ; ..ri \,ti _ i1': i 'ilQi -.-.--..-...-.-----..----- """'.. fOXJ!pllow MANOR FOREST HOME OWNERS ASSOCIATION 4110 Manor Forest Boulevard Lantana, Florida 33462 Michael Rumpf Senior Planner City of Boynton Beach ~~ ~(cjK ci: c ~ >/f~ ~~ Enclosed please find a copy of a lawsuit filed by Lowen Homes, RBG X L 1D. , a Florida JK~ partnership, and Lawrence Oaks Homeowners Association, Inc. , a Florida corporation. In ~J1"- item number 2 of the complaint it states that "Plaintiff Lowell is the owner and developer ,,~a .~ of 138 of the 178 single family lots within the development of the southern portion of the (!}/"'1J . Manor Forest PUD, known as Lawrence Oaks ("Lawrence Oaks"). Take note of the date ~ that this lawsuit was notarized (July 12, 1996). On November 15, 1994 an application was ,V"'" d~ made for the annexation of 42 acres by Lawrence Oaks - Oriole Inc. and (Lowell Homes) ~;.v ;# listed ooder these names. This application was signed by Lany Kahn III President (Lowell ' "'~ # . Homes), Mark Levy President (Lawrence Oaks- Oriole Inc.) and Harvey Geller President yv- d" of (Vanguard Realty and Development). This application was applied for with a proposed -fr ~ zoning of PUD. It is my ooderstanding that this application has been completed and city ~ zoning maps currently show there is a PUD where Lawrence Oaks is located in the City of.- -, Boynton Beach. We, the Board of Governors of Manor Forest Homeowners Association "'. "I ~ Inc. do not ooderstand this confusion. As the owner of the property one would like to think }p;VV;~ : Mr Kahn knows whether he is in the city or coooty. Currently it is believed that the City is issuing permits and performing inspections on this property in question. If this property is ~ Z in a PUD in Palm Beach County as Mr Kahn states in his lawsuit one has to question ' · whether Boynton Beach should be conducting business there. Currently expenses on our , Q.,. A ~ side of this lawsuit greatly exceed $10,000.00. We, the Board of Governors of Manor ffJ {f ~ Forest Homeowners Association Inc hereby request to be notified in writing where this p - -r'l development is located and what PUD it is in. Is it possible to be in the city and coooty at ;j: ~ the same time and the residents can choose which govermental agency they want to permit 'M -t their home and enforce laws? Who is this governmental agency responsible for enforcing ~ M f ~.fu codes, rules, and regulations in this development? We further believe that this is an j~ U- EMERGENCY that could greatly impact the living standards and financial stability of both communities and needs immediate action. September 13, 1996 FoxJ!f>llow MANOR FOREST HOME OWNERS ASSOCIATION 4110 Manor Forest Boulevard Lantana, Florida 33462 Thanking you in advance for your immediate help in this matter. Sincerely; Board of Governors! Manor Forest H.O.A. Inc. vl rcJ ~ THANK YOU and have a great day! cc: Carrie Parker, City Manger City Commission (5) Don Jaeger, Building Official John Guigry, Utilities Director Bob Gibson, Public Works Central File Tambri Hayden, Planning and Zoning Director Dorothy Moore, Zoning and Site Plan Reviewer Project file Chronological File TRC FILE \ J. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN .. AND FOR PALM BEACH COUNTY, FLORIDA GENERAL CIVIL DIVISION CASE ~L 96U06156 'J.' ) /' / LOWELL HOMES, RBG X LTD., a Florida limited partnership, and LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC., a Florida corporation, , L.:...... I l < U) i:(H~ nlll!, , illI i l i9~Jo Plaintiffs, . I t , VE~IFIED '~OMPLAINT FO~ INJUNCTIVE RELIEF AND DAMAGES v. .j I . MANOR FOREST HOMEOWNERS ASSOCIATION, INC., a Florida corporation Defendant. Plaintiffs, LOWELL RBG X LTD., a Florida limited partnership, (hereinafter referred to as "LOWELL II ) and LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC. , a Florida corporation, ("LAWRENCE OAKS ASSOCIATION"), by and through undersigned counsel, hereby sue Defendant MANOR FOREST HOMEOWNERS ASSOCIATION, INC., a Florida corporation ( "MANOR FOREST"), and allege in support thereof: 1. This is an action for injunctive relief and damages. Plaintiffs seek to require Defendant to remove an illegal fence constructed across a road in the Manor Forest Planned Unit -- Development ("MANOR FOREST PUDII), and to clean up a common recre- , ~ ation area within the PUD that has been used as an unsightly 1; .-ll\IIAllU\1~:'900.I'O}/II/<)b GREENnEIIl; TOAUIIIG 1I0t'FMAN LIPon' HOSt:N & Qllt:NTEI., P.i\., 515 EAST L\s OI.AS BOlll.F.VAnll Folt'r LAIJllKIIIlAI.E, FI.OIIIII.\ 3:I:l01 4)5.1-765-11500 FAX 4)5'1-765-1,177 MIAMI FonT L.\IJDEnOALE WEST PALM BEACH TALI.,\II,\SSEE Oltl.ANllO NEW YOltK WASHINCTON.O.c. ,.-. Jl ~~ U ~ . f( ~ ~ dumping ground for dirt and other debris. The damages in this action exceed $50,000.00, ~ exclusive of interest, costs and attorneys' fees. 2. Plaintiff LOWELL is the owner and developer of 138 of the 178 single family lots within the development of the southern portion of the MANOR FOREST PUD, known as Lawrence Oaks ("Lawrence Oaks") . 3. Plaintiff LAWRENCE OAKS ASSOCIATION is a home- owners' association .to.rmed to own and maintain the cOumon areas within the Lawrence Oaks portion of the MANOR FOREST PUD. ~~~...- 4. Defendant MANOR FOREST is a homeowners' association formed to own and maintain those common areas within the MANOR _..---~ FOREST PUD not owned and maintained by LAWRENCE OAKS ASSOCIATION. 5. Plaintiffs have performed all conditions precedent to the filing of this Complaint, or any such conditions have been waived or excused. 6. Venue is proper pursuant to Chapter 47, Florida Statutes. 7. Plaintiffs have retained the services of the under- signed law firm to prosecute this action. Plaintiffs are obligated to pay the law firm reasonable attorneys' fees for the services rendered in this matter. BACKGROUND ALLEGATIONS ~? 8. The MANOR FOREST PUD is governed by two homeowners' 7 associations, namely Plaintiff LAWRENCE OAKS ASSOCIATION and ----- :J - Defendant MANOR FOREST. fTL \HAllS\ 14590Q. 1 \01 111/')6 2 GIIEENUERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTF.L. P,1\. 515 EAST LAS Ous 1l0UI.F.VAIlO FOIlT LAUOEIlOAI.E. FLOIlIOA 33301 954-765-0500 FAX 954-765-1477 MI,\MI FOItT LAIIIlEIlOAJ.E WEST PALM IlEACII TALLIIIASSEE ()1tJ.ANIlO NEW YOIlK WASIIIN(;TON. D.L 9. Defendant MANOR FOREST includes owners of the lots in the northern portion of the MANOR FOREST PUD known as Phases I and II. 10. LAWRENCE OAKS ASSOCIATION includes the owners of the lots in the southern portion of the MANOR FOREST PUD, known as Phase III or Lawrence Oaks. 11. LOWELL is the owner and developer of 138 lots within Lawrence Oaks. 12. The MANOR FOREST PUD contains a single main road known as Manor Forest Boulevard, which runs generally north to south. 13. Defendant MANOR FOREST, without proper authorization or the consent of LAWRENCE OAKS ASSOCIATION, and without permits or approvals from Palm Beach County authorities, .> caused a chain-link fence to be erected across Manor Forest Boulevard. 14. The chain-link fence is unmarked and unlighted, and . no signs have been posted to indicate to 'approaching motorists that the fence blocks the roadway. .-, 15. ..The fence .is a hazard. to residents both north and south of the fence, because it is unmarked, because it blocks access for emergency vehicles, and because the area where the fence is located does not provide turn around for emergency vehicles or other vehicles. 16. The obstruction presented by the fence is a great inconvenience to the owners of new homes located in the Lawrence fTl ,UAllB\ 14~900. l \01/11/96 3 GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QIJENTH. P.A, 515 EAST LAS OLAS BOUI.EVARIl FORT LAUDEllIlAt.E. FLORII)A 33301 95'1-765-0500 F.\X 954-765-1177 MIAMI FOIlT I.AIIIlEIIIl.\U; WEST P,II.M IlEACII 'L\I.I.AIIASSEE ()III.ANI)() NEW YOIlK WASHINGTON, D.C. Oaks portion of the MANOR FOREST PUD because it forces them to travel out of their way to enter and exit the MANOR FOREST PUD. 17. The situation is also detrimental to the marketing ..J - efforts of LOWELL. MANOR FOREST was designed and approved as a single development. Manor Forest Boulevard was intended to provide through access for all. residents." The, presence of the ..fence blocking the roadway impedes the intended access, and prevents the development from functioning as intended and as needed for proper traffic flow. The presence of this obviously unplanned fence in the roadway creates concerns in the minds of prospective purchasers which discourages them from purchasing homes in Lawrence Oaks. 18. The fence is not permitted by the approved master plan for this PUD. Manor Forest Boulevard was approved and platted to flow without obstruction throughout the entire PUD. 19. Upon information and belief, on or about August 17, ~ > 1995, MANOR FOREST applied for approval from Palm Beach County to close off Manor Forest Boulevard to through traffic. However that ~ ~ application was administratively withdrawn because the application ~ was not certified by the Development Review Committee. Therefore, ,-- ..... the obstruction of Manor Forest Boulevard has not been approved or permitted. 20. Plaintiffs have contacted Defendant MANOR FOREST and have advised it that the fence is illegal, dangerous, and a nuisance to residents of the southern portion of the MANOR FOREST PUD, and have demanded removal of the fence. .of F Tl \HAL L9\ I ,*S'lOO. 1\0//11/<)6 4 (;IlEt:NIU:IlG TIlAUIlIG 1I0l'l'MAN !,1I'OI'l' HOSEN & QUENTEL, P.A, 515 EAST LAS OLAS BOULEVAIlD FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAx 954-765-1477 MIAMI FORT LAUDERDAI.E WEST PALM BEACH TALLAHASSEE ORLANDO NEW YORK WASIlINGTON, D.C, 21. Despite demand, Defendant MANOR FOREST refuses to remove the fence. COUNT I -- ACTION FOR INJUNCTIVE RELIEF AND DAMAGES-."REMOVAL-. OF. FENCE BLOCKING PUBLIC ROAD Plaintiffs sue Defendant MANOR FOREST and reallege Paragraphs 1 through 21 as if set forth fully herein. 22. Defendant MANOR FOREST has created a dangerous, illegal, inconvenient and unjustified public nuisance by blocking access through Manor Forest Boulevard. Photographs of the blocked road are attached hereto as Composite Exhibit "A". 23. This fence presents a nuisance which must be enjoined, under equity and the common law of the State of Florida. 24. If left unenjoined and unabated, the continued existence of this fence -presents 21:" -cc>m:inued threat to the-'> residents of the MANOR FOREST PUD, the motoring public, and emergency personnel, causes and will cause annoyance, inconvenience .' ... t'....f t ., I _.. . '. . ", and aggravation to the present and future owners and residents of Lawrence Oaks, and will continue to damage LOWELL's ability to sell homes in Lawrence Oaks. 25. Defendant MANOR FOREST's failure to abide by the law, and violation of the law by erecting a barrier across a public road, which it has no right to close, is causing present and imminent irreparable harm, in that owners of property in the Lawrence Oaks portion of the MANOR FOREST PUD are being endangered by the obstruction created; are being endangered by the obstruction to emergency vehicles; are being endangered and inconvenienced by ~ r1l\lIAll8\14S<tOO.I\Ol/Il/'J() 5 Cllt:t:Nllt:Il(; TIlAURII; lIon'MAN LlI'on' I{OSt:N & QUt:NTEL, I',A, 515 EAST LAS OLAS BOULEVARD FORT LAUnERDALE. FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIA~I FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE ORLANDO NEW YOIlK W,\SIIINr.TON, D.~. the inadequate turn-around; and are being inconvenienced in obtaining access to their property. 26. Further, the value of the property owned by LOWELL and by owners of new homes in Lawrence Oa~s is being diminished, in that access to .those homes -has been se\TE!"r~'ly restricted, and made'..) greatly inconvenient, by the illegal closure of this road. 27. The re~ovft~ of the !ence is necessary to prevent serious future injuries and the other harm outlined above which harm cannot be estimated readily or compensated fully by monetary damages. Further, because such damages are inherently uncertain of calculation, Plaintiffs lack an adequate remedy at law. 28. Plaintiffs LOWELL and LAWRENCE OAKS ASSOCIATION are suffering injury different in kind, type and nature from that suffered by the public generally due to their daily use of the southern portion of Manor Forest Boulevard to access their properties; due to the danger of traffic accidents likely to occur in the southern portion of the MANOR FOREST PUD; due to the diminution in property value caused by the illegal closure of the road; and due to the special inconvenience they suffer. 29. Defendant MANOR FOREST has no legitimate right or interest in closing Manor Forest Boulevard as outlined above, and is consequentially endangering the safety and well-being of Plain- tiffs, as well as harming their property values and greatly incon- veniencing their access to their homes. Accordingly, the balance of equities points entirely toward the granting of the request of injunctive relief. The issuance of such relief is in the public r Tl \UAll9\ '-1"-,<Joo. I \01 II t 1'16 6 (;ItEF.NItF.ItG TUAUItIG IIOHMAN LIPOfF HOSF.N & QUF.NTF.L, I'.A. 515 EAST LAS OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDAl.E WEST PALM BEACH TALLA"ASSEE ORl.ANDO NEW YOItK WASIlINGTON, D,C, interest, as well, due to the nature of the violations at issue and the inherent danger of allowing such violations to continue. WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment requiring Defendant MANOR FOREST and its officers, directors, employees or agents, as well as anyone else operating under their authority or control, to remove immediately the barrier erected on Manor Forest Boulevard and to enjoin the Defendants from erecting such a barrier in the future. In addi- tion, Plaintiffs request such other and further relief as this Court deems appropriate. COUNT II - ACTION FOR INJUNCTIVE RELIEF AND DAMAGES--FAILURE TO MAINTAIN RECREATION AREA Plaintiffs sue Defendant MANOR FOREST and reallege Para- graphs 1 through 21 as if fully set forth herein. 30. Defendant MANOR FOREST has failed to maintain ..> properly one of the common areas of the MANOR FOREST PUD, which area was platted and approved by Palm Beach County as an open Specifically, MANOR FOREST has failed to recreational area. maintain properly a multi-acre parcel of open land known as Tract r-- 7"_J ~ of the Replat .-of Manor Forest Plat No. 2 PUD, as recorded in Plat .--,. Book 54, Pages 133 and 134 of public records of Palm Beach County, Florida (Tract "A"). 31. Tract "A" sits directly to the east of Manor Forest Boulevard, across the boulevard lots located within Lawrenc~ n~~s..> .. r fl 'UAllR\ "'~900. 1\01/11/96 7 GnEENDERG TRAURIG HOFFMAN LIPOFF 1l0SEN & QU.:NTEL, P.A, 515 EAST LAS Or.AS BOULEVARD FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDAI.E WEST PALM BEACII TALLAIIASSEE ORLANDO NEW YORK W,\SIIINGTON, D.C.. 32. A copy of the Replat of the Manor Forest Plat No. 2 PUD, showing the area in question, is attached as Exhibit "B". 33. Tract "A" is expressly reserved under the MANOR FOREST PUD as "open space and recreation." The Plat recites the following in the dedication for Tract "A". p,;; Tract A as show!} hereon, i.$ )f~.;r~by r~~served . P ..AI....),j."JY I for -'open space and recreat10n and 1S the 7t, -tV'" /' ~. perpetual ~aintenance obligation of Manor ~ Forest Homeowners' Association, Inc., 1tS- ~uccessors and/or assigns without recourse to Palm Beach County, Flor.ida. 34. MANOR FOREST has not maintained Tract "A" . Instead, it has allowed it to become a dumping ground for excess fill and refuse, and further has allowed it to become overgrown with weeds and other undesirable vegetation. Tract "A" is consequently an eyesore. It is not usable by the homeowners and it is not being maintained in accordance with the requirements of the MANOR FOREST PUD. 35. The unsightly condition of Tract "A" and its location immediately adjacent to the Lawrence Oaks portion of the MANOR FOREST PUD , deprives LAWRENCE OAKS ASSOCIATION and the members of its association of the aesthetic benefits intended by the development plan for the PUD, which restricted the property to open space and recreation; and, instead subjects the association and its members to an eyesore. 36. A photograph of Tract "A" is attached hereto as Exhibit "C." 37. Failure to maintain Tract "A" not only constitutes a nuisance to surrounding landowners, but is also interfering with rTl \HAll9\ 14S'JOO. 1\01/11/96 8 GREF.NREIlG TRAURIG HOFFMAN LIPOH ROSEN & QUENTH, P,A, 515 EAST L,\s OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDALE WEST PALM BEACII TALLAIIASSEE ORLANDO NEW YORK WASIIINGTON, D,C. Plaintiff LOWELL's sale of the remaining vacant lots within the MANOR FOREST PUD. 38. LOWELL's property is located in such proximity to Tract "A" that persons intending to purchase homes on such lots would not be able to avoid seeing Tract "A". Prospective purchasers may refuse to close on homes located near Tract "A" unless the area is cleaned up and landscaped prior to the closing. 39. MANOR FOREST's failure to maintain Tract "A" is also a violation of Palm Beach County Ordinance No. 93-2, which specifies, in pertinent part, that with respect to vacant lots, "accumulations of waste, yard trash, or rubble and debris," or "uncultivated vegetation greater than eighteen (18) inches in height," constitute an abatable nuisance when such lots are located upon tracts of land which are adjacent to developed property. A copy of Ordinance No. 93-2, of the Ordinances of Palm Beach County, Florida, is attached hereto as Exhibit "D". 40. Accordingly, Defendant's failur~e to properly ,_-, maintain this Tract as a common recreation area, must be enjoined as a nuisance under equity and the common law of the State of Florida. 41. If left unenjoined and unabated, this nuisance threatens continued annoyance, aggravation and depression of Plain- tiffs' property values. 42. Further, Defendant's failure to abide by its maintenance obligations and to landscape and maintain properly Tract "A" as a common recreational area, is causing present and .. f II \HAllO\ 14!.?OO. I \OI/II/Q6 9 GIlF.t:N"EIlG TRAURIC HOFFMAN LIPOH HOSEN & QUENn:L, P.A, 515 EAST LAS OLAS BOUt.HARI) FORT LAUDERDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FORT LAUDERDALE WEST PALM BEACII T,\LL.\IIASSEE ORLANDO NEW YORK WASIIINGTON, D.C, imminent irreparable harm, in that the continued existence of Tract "A" in this condition is depriving the homeowners represented by Plaintiff LAWRENCE OAKS ASSOCIATION of the aesthetic benefit of the landscaped, well-maintained community that is part and parcel of the homes they purchased, is further damaging Plaintiffs I property values and, as to Plaintiff LOWELL, is interfering with its'''ability to' further 'develop and market the remaining vacant lots in the area. 43. Due to the nature of the damage.s involved, the r.. extent of this harm cannot be estimated readily or compensated fully by money damages, and Plaintiffs, therefore, lack an adequate remedy at law. 44. Due to the negative impact on surrounding property values caused by this unrnaintained tract of land, and due to Plain- tiffs' close proximity to the tract in question, Plaintiffs' damages are different in kind, type and nature from those suffered by the public generally due to this nuisance. 45. Defendant has no legitimate right or interest in violating the requirements of the PUD as outlined above, and in causing to Plaintiffs the resulting damage outlined above. Accor- dingly, the balance of equities points entirely toward the granting of the requested injunctive relief. 46. Due to the nature of the violations at issue, the public policy of Palm Beach County, as declared in Ordinance No. 93-2, and the beneficial aspects to the public at large of requiring this tract of land to be maintained as specified in the f TL \IIAlla\ 14~')OO. I \Ol/ll/')b 10 GREENDEIlG TIIAlIRIG 1I0FFMAN LIPOFF HOSEN & QUENTH, P.A. 515 EAST LAS OLAS BOUI.EVAIlD FOIIT LAlIllEIlDALE, FLORIDA 33301 954-765-0500 FAX 954-765-1.l77 MIAMI FORT LAlIDEIWAI.E WEST PALM BEACII TALLAIIASSEE Olll.ANOO NEW YOIlK WASIIINGTON, n.c.. PUD, the public interest would be served by entry of an injunction ~ as well. WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment requiring Defendant to clean up the area and make it suitable for recreational use, enjoining Defendant MANOR FOREST, its officers, directors, employees, agents or anyone operating under their authority or control, from continuing to allow Tract "All to be used as a dumping ground, and from continuing to fail to maintain it in conformity with the requirements of the MANOR FOREST PUD. Plaintiffs request such other and further relief as this Court deems appropriate. Respectfully submitted, GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. Attorneys for Plaintiffs 515 East Las Olas Boulevard Suite 1500 Ft. Lauderdale, Florida 33301 Telephone: (954) 765-0500 Telefax: (954) j>5-1477 By: r. JEFFREY GILBERT Florida Bar No. 375411 rTl.. \H.All8\14S900. 1\01/11/9& 11 GREENBERG TRAlIRIG HOFFMAN LIPOFF HOSEN & QUENTEL, P.A. 515 EAST LAS Ous BOULEVAIlD FORT LAUDEIlDALE, FWIIIDA 33301 954-765-0500 FAX 954-765-1477 MIAMI FOIIT LAUDEIlIlALE WEST PALM BEACII TALI.AIIASSEE OIlI.ANIlO Nt:w YOIIK WASIIINGTON, D.C. f'""',; ..-... '--' .- VERIFICATION . .;. . We have read the forego1ng allegat10ns and hereby certlfy the same to be true and correct to the best of our personal knowledge. LOWELL RBG X, LTD., a Florida limited partnership By: Lowell Homes, Inc., its General Partner By: ~(L Title: . '.5 LAWRENCE OAKS HOMEOWNERS AS T N, INC. 1) /oe:g STATE OF FLORIDA SS: COUNTY OF DADE [NOTARIAL SEAL] Notary: Print arne: Nota Public, St te of My commission expires: before me this~~ as appeared befor The foregoing instrumen} was JCknowledged ~ of July, 1996 by 6 L. k" Arl ~ . . of LOWELL HOMES, INC. He/she perso 11 me, is personally known to me or produced as identification. ~~~~:r~;:-. SUSAN LfIBEL-8ERRATS f.f ' :'~ MY COMMISSION' CC 387889 ~. EXPIRES: June 27.1998 '''f.1fr. Bonded Thill NolIIy PIlllllc l.InderMttar1 SS: COUNTY OF DADE The foregoing instrument ~s aCkn~edged ~ of July, 1996 by tJ..;_Ad eA-,lf/l/. ~<. of LAWRENCE' OAKS HOMEOWNERS ASSOCIATION. personall~app~ared~efore me, is person 11 produced Z? U//J fa :.tJ/Jt?//y as ident' f' a Notary: Print Not y Public, St~ e of My commission expires: rNOTARIAL SEALl ,'l-:;'~"n:.:.._ SUSAN LEIBEL.SERRATS "'~'<''':''';'' i.: "Ji."l.! MY COMMISSION' CC 3871189 ~,~~~j EXPIRES: JIIII8 27. 1998 "'''{~f..fr.~....." Bonded Thru Notary Public Underwrit8rs before me this /~ as F TL \......L~',\ 1~5<)O!l. 1.\l)~/II/?to 12 GIlEENDEIlG TRAUIlIG HOFFMAN tiPOFF HOSEN & QlIENTEL, P.A. 515 EAST LAS OI.AS 1l01ll.EVAIIIl FOIlT L\UllEIlIlAI.t:, FLOIlIIl,\ :n301 954-765-0500 F,\x 954-765-1477 MIAMI FOIlT LAUIJI-:I\lIALE WEST I',\LM BEo\CII TAI.I.AIIASSEE OIlI.ANIlO NEW YO/(K W.4SlfIN(;TllN, D.C. ~. '~~iI}r~~5' rJ COlIlPosite Exhibit "A." - -- -_.~---,,".......---,.._~,. --.------------ - \" ,~% :"\5 ~'il It' '&\ ~2' . ~l \\\ ".0: ~i.J \'1 .", 'C ... ';...? ... . ?:)P .~""" ..." -- . ... .. .. - ... ."", f "" . ~ !"e t~ ~l1' .. ". .-1 .. .~ ~. ...;; ~. - ". 't ... .. \ ~ 0, ~ '; ro ~~ --o'P \" ~"8 5~J .0 1'lZ · 0 ~.." (It ':0 -; ; 6~ ~ . ~ ~ \\ '\ \\ i\ . ... (to >;:. ..... '" , ;'CI;t.'"!l GI~~ t~-s: ... ~~ -n ~ (30 0:" -~ ,,~ .... z I , ' 11, i \ ~ \'"'\11 b::' \\ \\ ;'~ ,: ~\l U-\ ~,=' I~;: - -.-------". -----_._~-- f,~hibit. "1)" - "-., ~1 . --~. . .... '~r~~~; ~ Exhibit "e" 1 2 3 4 5 6 7 8 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 23 24 " 25 26 27 28 r. 29 30 31 32 JJ ~ ORDINANCE NO. 93-2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY FLORIDA AMENDING ORDINANCES 77-7, 80-14, 82-13 and 84- 17, 85-26 and 92-13; BY AMENDING CHAPTER 23, "LAND CLEARANCE" OF THE CODE OF LAWS AND ORDINANCES OF PALM BEACH COUNTY, FLORIDA; BY AMENDING SECTION 23-3, "DEFINITIONS" AND .... . REUUMBERING SUBSEQUENT SECTIONS; BY AMENDING . 23-5, "NUISANCE TO BE ABATED"; BY AMENDING SECTION 23-6, "PROCEDURE FOR.... ENFORCEMENT"; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.01(1), Florida Statutes, '1975, empowers Palm Beach County to adopt ordinances necessary tor the exercise ot its powers and prescribe tines and penalties for the violation ot ordinances in accordance with law, and WHEREAS, Section 125.01(W), Florida Statues, 1975, enables Palm Beach County to perform acts not inconsistent with law I I which are in the common interest ot the people of the County, and i ., ". WHEREAS, certain subste.nt,!'ve and procedural changes are I I appropriate in order to provide for the health, safety, and welfare i of the citizens of Palm Beach county and to more effectively i I . implement the l~t clea_xj.,!"(:LP~99ram tor Palm. Beach County. .. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THAT: Section 1. Chapter 23 of the Palm Beach County Code of Laws and Palm Beach County Ordinances numbers 77-7, 80-14, 82-13 and 84-17, i 85-26, are hereby amended as follows: i :! " ! 1 Exhib it "D" 1 2 I,; ) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 )0 31 32 )) f""'. .._J.. '! I It I 'I I '\ :1 . 'I ! II ,I ;1 '\ 'I ,I I, 1\ ;\ Section 2)-1. Sho.rt title. This Chapter shall. be known and may be cited as the Palm Be County Lot Clearing Ordinance. Section 23-2. Intent. is the intent of this ordinance to: (1) establish and define minimum standards for the pro care and cultivation ot vegetation upon lots so that does not create a nuisance which annoys the communi threatens injury to, or injures the public heal -.' safety, or welfare, or mat'erially and 'adversely affe the value, use, or enjoyment' of properties in unincorporated portions ot Palm Beach County; (2) provide for the abatement of unhealthful, unsanitary, unsafe conditions constituting a nuisance or nuisan upon lots; (3) eliminate conditions which, if uncorrected, would prom the growth and dispersal of disease-bearing insec I , " " " vectors, rats, and poisonous snakes; (4) remove uncultivated vegetation which may conceal promote the creation of nuisances upon lots; (5) encourage the use of approved landtill sites clarifying the duty of land owners to take reasona precautions to prevent or discourage unauthorized dump ,I. :1 ,I of waste or refuse upon ~heir lots; (6) promote traffic safety by requiring clearance vegetation and other obstructions at street intersecti I II II !I II :\ 1\ :1 ., ,I :1 I I I ,I and railroad crossings; (7) establish procedures to abate nuisances adjacent developed lots used or developed lots which have b used for residential, commercial, or industrial purpos and nuisances constituting traffic hazards generally; I I .1 2 " ' , - ----"-_.._-"~----- 1 2 ) 4 5 6 7 8 9 10 11 12 13 14 15 f"-,. 16 h' 17 18 19 20 21 22 2) 24 25 26 27 28 29 )0 )1 )2 )) H (8) establish procedures to assure that the rights of 1 owners to the use and enjoyment of their land in a man~ not contrary to this ordinance are protected, and tt. compliance with this ordinance and the abatement nuisances hereunder are done in a manner which protec property rights. This ordinance is not intended to discourage lot owners ft: planting, preserving, or maintaining native vegetation in i natural state upon their land. This ordinance shall not construed as restricting the Board of County Commissioners ft: declarin~ nuisances or pursuing re~edies thereto outside ot t I , I ,I ! . provisions of this ordinance. Section 23-3. Definitions. i '~1he following definitions shall apply in the interpretation a I enforcement of this chapter: (l) I I ! Adjacent property shall mean the lot or lots immediate adjacent or contiguous to a lot that is subject to revi under this ordinance. (2) I Department shall mean the Palm Beach County Department ! Planning, zoning and Building. i Developed shall mean containing building,: structure (J) ;\ paving, improvements; i exclUding sole or other I, I! underground utilities, pipes, wires, cables, culvert oj 'I ! conduits, or other similar improvements or facilities; i plantings; all of :which are maintalned and rtillzed ir manner permitted by the Palm Beach County Zoning COdE (4) Lot shall mean any tract or parcel of land other than approved landfill site. 'I I I I ,I I ,! (5) Native vegetation shall mean any plant species with geographic distribution indigenous to all or part ot p~ Beach County. Plant species which have been introduc by man are not native vegetation. 3 "..Yy' 1 2 ) 4 5 6 7 8 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 23 24 25 , , 26 27 f""-.. (6) Owner shall mean the owner or owners of record of a as such-appears in the Officlal Records ot the Clerk the Circuit court~in and for Palm Beach County. (7) Rubble and debris shall mean waste materials resulti from the construction or demolition ot structures or buildings. This shall include construction material 11 or abandoned on site. (8) street shall mean any strip of land which is open to 1 public for the use of vehicular tratfic and contain: delineations, signs, or other traffic control devices channel traffic. (9) Tree shall mean any woody plant or palm which, in j mature state under normal growing conditions, reache~ height of fifteen (15) feet or greater. (10) Uncultivated vegetation shall mean living plants allo. to grow in an uncontrolled manner, or not cared tor maintained on a regular basis. Neither native vegetati in its natural state, or mangroves subject to the Pa Beach County Mangrove Protection ordinance, shall considered uncultivated vegetation. (11) Waste shall mean garbage, rubbish and refuse fr residential, commercial, or industrial activitie including kitchen. and table tood waste, animal, vegetative waste that is attendant with or results fr th't;' storaq~,' p~~paration, cooking,' or handling of fo material; paper, wood scraps, cardboard, r-.~ I 4 . ..,.:-:~ . .' '. I, . -_..,----~-_._----_.- ,;1: J 4 5 r-.; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl 32 )) , II I I -~., I I " .! I ,I ;, I ~ i ~ I I I '1 i It 'I I I I I I I , :1 ,/ Section 203-4. is c.!9th, gl<;\s,s, ..rubber, plastic; discarded automobile~ tires and automobile fixtures; household good~ ar ~ appliances; toys; tools and equipment; and simil~ materialsA (12) Yard trash shall mean abandoned vegetative material tre landscaping, maintenance or land clearing operations, al1 includes such materials as tree and shrub trimmings grass clippings, palm fronds, tree limbs, tree stumps and similar materials. . Nuisance declared. hereby declared and determined by the Board of Count Commissioners of Palm Beach County, shall Florida, that the tollow!n each individually, in any combination, or be cons idere nuisances when they exist upon a lot in the unincorporated area 0 Palm Beach County: (3) :1 (4 ) 'I I " .1 ,I (5) .\ I .1 (6) 'I I 'I :1 'I I , Accumulations of waste, yard trash, or rubble and debris ( 1) (2 ) Accumulations of waste, yard trash, or rubble and debri, that may harbor rats or poisonous snakes or that ma: contain pools of water that may serve AS breeding ground: tor insects or other disease vectors; Uncultivated vegetation greater than eighteen (18) inche: in height; Schinus terebinthifolius (commonly known as Florida Holl' or Brazilian Pepp~r) bus~es or trees, if uncultivated; Uncultivated vegetation that constitutes a fire hazard or I vegetation, whether or not cultivated, that imped~s 0 obstructs adequate view of intersections, traffic signs railroad crossings or traffic from any street, road, 0 highway. 5 1 2 ) 4 5 6 7 e 9 10 11 12 13 14 15 16 .17 18 19 20 r" 21 22 23 24 25 26 27 28 29 30 31 Section 23-5.. Nuisance to be abated. It is further determined by the Board of County Commissioners t any nuisance declared by t~is ordinance which i. found upon a in the unincorporated area of Palm Beach County shall be abatec ! the following manner: I .1 .1 (1 ) If the nuisance consists solely of accumulations waste, -yard trash, or rubble and debris as provided Sections 23-4 (1) and (2) , it shall be abated in ,. ., entirety, provided that the nuisance lies upon a which is adjacent to a property which is developed -. used or has been used for resident~.al, commercial industrial purposes; or ,j ,\ (2) If the nuisance consists solely of uncultiva vegetation as provided in Section 20-19, Paragraphs ( (4), and (5), only so much of the nuisance shall .Abated a~. lies within twenty-five (25) !.et of boundary of any adjacent property which is developed :j 'I i . ,1 ~ " i I - ":'1. :\ 'I i " :1 'I ,I .1 : ,i' ,I :1 used or has been used for residential, commercial industrial purposes. rh cases involving areas decla by the Board of county Commissioners as blight, pursuant to state statutes or in any cases which there evidence of vagrants using the overgrown property habitation or that crimes of a violent nature or cri involving the sa~e or possession of illegal substan are occurring on the premises, then the nuisance may abated in its entirety, provided that the nuisance 1 upon a lot which is adjacent to property which :1 d :1 'j i :\ '! I ., developed. The evidence required must be documented the Palm Beach County Sherif!' s Department ot' ot appropriate Law Enforcement Agency. I " i 6 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl 32 r, II I I I .\ I I " r 1 I j I I --r For purposes ot this section only, right-ot-ways shall considered adjacent, developed property. The owner a the department are encouraged to preserve, and need ~ clear trees and Serenoa repens (commonly known as S Palmetto); and provided further that the owner and the department a encouraged to clear melaleuca quinquenervia (commonl~ known as Punk Tree, Cajeput, or Paper Bark Tree), Casurina Spp. (commonly known as Australian Pine) ; Acac Ariculaeformis (commonly known as Earleat Acacia); . ". 'provided further that the owner and the department she clear Schinus terebinthifolius (commonly known Brazilian Pepper or Florida Holly). (3) It the nuisance consists of the obstruction ot adeque view of intersections, crossings or traffic signs provided in Section 23-4 (6), the nuisance shall be aba1 in accordance with the provisions of Article 7, Sect: 7.3.H.8 ot the Unitied Land Development Code (Sate Si~ Distance Triangles), or, when not provided in tl section, the nuisances shall be abated BO as to aftorl clear, unobstructed view; or (4) It the nuisance consists in part of uncultiva' vegetation and in part of other nuisances declared this ordinance, the provisions of Section 23-5 (1), and (3) shall each apply, to its abatement. section 23-6. procedure for enforcement. (1) The Department is empowered to enter upon and insp lots on which a nuisance is suspected to exist. i-nspection - reveals the presence ot a nuisance, Department shall notify the owner by registered or 7 ~. .t'!. , --..-----.------------- 1 2 ) 4 5 6 7 8 9 10 r" 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 )0 Jl )2 )) J4 35 I I " i. , " j' I I... " I' II II I, II -iT I; I !\ II lo 'I I! :) I' :1 :1 I! \: " \: II I i I II I' I I I certified mail, return receipt requested, sent to last known address of the owner, that a nuisance exi which is a violation of this ordinance. The notice st .. also: (a) advise.the owner of the right to a hearin~ provided in Section 23-7 of this ordinance; (b) spec .~hat co~r~ct~ve action must be taken; (c) state tha fallure to abate the nuisance will result in the Departmeqt abating it, the cost of which action shall assesse~ against the property; and (d) that a lien sh be recorded against the property. The appeal fo ... required in Section 23-7 shall be incl~ded in the noti along with a statement that such must be used to app the administrative determination. The owner shall h thirty (30) days from the date notice is mailed to ab the nuisance. (2) If an appeal is filed, enforcement action shall proc as provided in Section 23-7. (3) If no appeal is filed as provided in Section 23-7, or the notice sent as provided in Section 23-6(1) returned unclaimed, the Department shall upon expiration of the notification period reinspect the to determine whether or not the nuisance has been abat' If the Department determines that the lot still harb, a nuisance, it shall cause its abatement according to I ; 11 II I. i I provisions of this ordinance. To accomplish that go. the Department or its agents. are authorized by the Bo. of County Commissioner to enter upon the lot and to t. steps reasonably necessary to effect abatement. (4) If abatement is effected by the Department as prov'ided Section 23-6(3), the cost to the county of abating nuisance on each lot, i~cluding an administrative operating fee of two hundred fifty dollars ($250. ( shall be calculated and reported to the property own4 Such notice shall advise that failure to pay the cost I , , I :1 '! 8 ,( : ~ r~ ".. 1 2 3 I I 4 .1 " t 5 d " 6 il P .1 7 q 8 I I 9 I 10 I, 11 Ii 12 II 13 1\ 14 II ,I 15 !! I 16 \ 17 I il 18 I 19 I 20 II' . I 21 I 22 I " ('"-.. 23 -n" 24 \i. 25 " 26 !I 27 II 28 !I ,I 29 \ 30 I I 31 it 32 I' 33 t: ,. JI II " II I " abatement, plus the administrative fee, within fourt (14) days from date of such notice will result in ~, County filing a 11en against the subject parcel for total cost. Upon failure of the property owner to pay the cost abatement, plus administrative fee, the Board ot Cou commissioners shall, by resolution, assess these co against the lot. The resolution shall describe the 1 show the and specify of abatement, cost administrative and operating fee. The Department sh " mail a notice of the assessment to the owner at his 1 known address. Until full payment is receiv assessments shall be legal, valid and binding obligatl upon the property. Th& assessment ahall become due payable to Palm Beach county as of the date of mailing of the notice of assessment, interest shall be to accrue at the rate of twelve (12) percent per annum any unpaid portion thereof. (5) As soon as possible atter the assessment has been made I resolution of the Board of County Commissioners, certified copy of the re~oluti,?n shall be recorded in Official Records of Palm Beach county maintained by Clerk to the Board of County Commissioners. A lien sh become effective on the date that a copy of resolution is recorded by the Clerk to the Board county Commissioners. (6) Such lien assessments, together with interest there may be enforced by civil action in the appropriate co of Palm Beach County. The lien creat&d hereby shall a first lien equal to a lien for nonpayment of props taxes on any lot against which an assessment for cost~ abate a nuisance has been recorded and the lien shal 9 ~_._-~------.-----_._- 5 6 7 8 9 10 11 12 1) 14 15 16 17 18 19 20 21 22 23 24 25 26 r.. ; " .1 .1 :1 ~ i .11 II \\ jl II '\ I. II II II r !\ I, \\ 'I II \1 I I I I ! 21 28 29 30 31 32 33 34 35 (7) The Department shal" 'ail a notice that a lien has bE recorded to the owner of record of each lot described the resolution. The notice shall be sent by certitied registered mail, return receipt requested, to the'owner ~ last known address. The notice shall be in a form prepared by t Department which shall include the following informatic (a) Name and address of 'the owner; (b) Legal description of the lot where the nuisance h been abated; (c) Date of mailing of the notice. of the lien; (d) A brief description of the nuisance; (e) Date that notice was originally sent to abate t nuisance; I I i , I I I' \1 II :l j: .\ :1 I (t) A statement of the actual costs of abatement, t administrative fee, and any interest due; (g) Date and number of the Board of County commission resolution assessing the costs of abatement of t nuisance; (h) Instructions regarding payment and removal of t lien; and information as necessary (i) Additional (8) appropriate. Nothing in this part shall prevent the Department fl pursuing enforcement of this ordinance through the C( Enforcement process. Section 23-7. Appeal Procedure. I Within twenty-five (25) days after the initial notice of a nuisal \1 \1 I! il II .1 Ii ,I is sent by the Department as provided in section 23-6, the owner may make written request to the palm Beach .Cou Environmental Control Hearing Board for a hearing to show that t 10 ;t' II I. . ".-T' .. ,- . J' :',., 1 2 ) 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 2) 24 25 26 27 28 29 )0 31 J2 J) i ! , condition alleged in the notice does not exist, or to show tha condition does not constitute a nuisance. Notice of the rigl a hearing shall be included in the initial notice to the lot 01 ;1 The owner's appeal shall be submitted upon forms to be provid, II \1 I I I i I I the Department, and shall be accompanied by a certified chet money order in the amount of one hundred dollars ($100.00) payable to Palm Beach County, which amount shall constitute 2 necessary to defray the costs to the County, the Department, the Environmental Control Hearing o~ processing Board administering the appeal. Failure to file an appeal or to apt before tlie Environmental Control Hearing Board in a timely ".J shal~ be deemed a wai-ver--of the"lot owner' s rights to appeal administrative action, The Palm Beach county Environmental Cor I I Hearing Board shall hear the appeal on its regularly sched I, \' II I agenpa. Th~,~al~ Beach,GoMnty Env~ronmenta~ Control Hearing~E shall give the lot owner seeking an appeal "written notice of date and location of the scheduled hearing. At the hearing, county and the lot introduce evidence as owner may such relevant. The hearing shall be conducted in accordance with rules of procedure of the Environmental Control Hearing Board. decision of the Palm Beach County Environmental control Hea Board shall be final. ,I, Section 2)-8. Appropriation and Budgeting of funds. \1 Clearing of lots is declared to be for a county purpose, and I :::::p::a:OeU::::~:~:::::s:f ::d:e:e:::.:::::~: :::::r::: purposes ot this ordinance. Funds received by the county unde: terms of this ordinance shall be credited to the appropl accounts of Palm Beach County as follows: ( 1) I Funds received pursuant to section 23-6 (procedurl Enforcement) shall be deposited in the planning, Zl I J4 and Building accounts at Palm Beach County; , . II I. 11 . "'-To :""., ~-,._-----_.--- .i. :2 ,J 3 4 5 6 7 8 !f 10 11 12", r. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 " , :1 'I !I II II I: I' ,I I I I I I I Funds received pursuant to Section 23-7 (2) (Appe Procedure) shall be equally divided between and deposit in the accounts of~Planning, Zoning and Building and t accounts of The Environmental Control Office. The fun received hereunder as fees shall be used exclusively offset the cost of administering the functions for whi they were collected. :'1' ' II SECTION 2. INCLUSION IN CODE. iI ordin::Snce shall be incorporated into the Code of Laws a 1~.()t'din~mces of Palm -Beach County as Chapter 23 thereof. The wor 111\ ordinance, article, chapter, and section may be changed accomplish codification, and the sections and paragraphs may 11 renumbered to accomplish codification. I' II : i SECTION J. il paragraph, sentence, clause, phrase or word of this Ordinanc~ I for any reason held or declared to be unconstitutional, inoperati I I The provisions ot Section 1 of th SEVERABILITY. If any section, part of a sectio or void, such holdings or invalidity shall not affect the remaini portions of this Ordinance and it shall be construed to have be the legislative SUI intent this without Ordinance to pass unconstitutional, invalid or inoperative part therein, and t remainder of this ordinance, after the exclusion of such part parts, shall be deemed to be held valid as if such part or part I had not been included therein, or ,if this ordinance or any of t I 1\ 1I i I provisions thereof shall be held in group of persons, property, kind of property, circumstances or set circumstances, of su holding shall not affect the applicability thereof to any p~rso property or circumstances. I 11 ;1 ;1 I. :/ :1 !; 'i 12 ~ 2 ) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ..-- ........ p ~ i i ! SECTION 4. i ~ EFFECTIVE DATE. The provisions of this Ordinance I: :1 become effective upon receipt from the Florida secretar~ of q I, ;\ 1\ I. II I of official acknowledgement that this Ordinance has been filed the Department of State. PASSED AND ADOPTED: This ~h day of January , 19~ BOARD OF COUNTY COMMISSION OF PALM BEACH COUNTY, FLail BY: C POR :'THY . WILKEN. CLER aOurd 01 C~nIY COmmiSSi~ers By C' Il~ :J-~ ,~~ OEPUTY CLERK I Approved as to Form and I, IA'gCZ~-tC~ county/Attorney I Acknowledged by the Department of State of the State of 'Florida, II this the ~ day of February , 19......2..L. II I' '\ Effective Date: I!\ this 8th ,\ r \1 l I ,I H 'I \1 I I i I i Received from the Department ot State and filed day of February I 19~ at 11:31 a,m. ~. ~,' \ '::. ~:.~.~: ~. ST."::':;. OF= ~:J);;~D,~, .cOt~t!fY ::'r: ?t~.~~ ~ ~=.: l. O~~So._.~.r':' tL "'.4.~".~.~E~... :.::(.,c.~!J:::; ~~;)~,,~:I 8:)~:c r.~ ,.~':,l,,''':'~ :1117lr:?,"'~~ ~:'~~::;.~ ~.~~~-..:"~ .. 1,i]C, an,j cor' ::: "':~ ol,lnc L. ~,. ,.. ;.:-. ",L_n" . . - '.. .,..,\...\t. . .....t !I I' I I I II il II " I, i 13 I i -..-------------..-----. NOV- 8-96 FRI 16:08 BRIGGS 156)0672337 P.25 ~ \~ . '^ ~.1 ~J 'l.J\}--'I.~_,L, &-_Jz<L-- l'f..-'::."\fr; -ri') ~ n \\f1 R rn .... J I r '- tL \. : ," !:J ~: l5 u \i/ LS ~ .J L j J :tf- .. Uti NOV I 2 1996 PLANNING AND ZONING DEPT. MANOR FOREST HOMEOWNERS ASSOC. 4110 Manor Forest Boulevard Lantana, Florida 33462 DATE: November 8, 1996 FAX TO: Tambri J. Hayden, AICP FROM: Jere Smingler President RE: Response to notice Receiver's phone #: (561)375-6000 Receiver's fax #: (561)375-6090 Sender's phone#: (561)965-1625 Sender's fax #: (561)967...2337 Total H or pages including this cover - 4 ~L__I____n' U_.rA oft IIr...A^~ ..In'7f NOV- 8-9G FRI 16:09 BRIGGS 15619672337 P.2G f'oxJ!pllow MANOR FOREST HOME OWNERS ASSOCIATION .4110 Manor Forest Boulevard Lantana, Florida 33462 Pl~NNINGOE~>>,l) lONING n. November 7,1996 W&1Iiam Hu.lciIl, P .E. Diroctot of Development Boynton Beach, Florida 334'2-0310 Mr. Hukill Thank you for responding to my letter of October 17 ~ 1996 regarding the Lawrence Oaks P,V.D. Your response to my letter dated October 21, 1996 regarding 10m 129~ 130, 131, 132, 122, 123, and 124 of plat # 4 known in your city as the Lawrence Oaks P,U.D.leads me to believe that you ...0 not v~ ~ with dWI projec:.t, This letter may help to give you more infonn.ation OIl this proj~ct along with ;some: of the problcmstha.t emt. Item #2 in my letter states; "2) The land is p14tted for a 20' roadwAY with no sidewalk on the west side and no valley curbing, which is consistent with the aesthetics afthe existing community, It YOUR RESPONSE; "Note; 2. The right-of- way is 60 fcet wide, md the pavmtalt width would have been established by the County at time of plat review as part of th,e required improvements, n Your I'eIpOD.le did not deal directly with the question, lu you can see the question did not pertain to a 60 ' right- of -way but it did deal with a sickwalk and valley curb, P AQE 3 OF PLAT # 4 DATED IV3193:MASTBRPAVlNG AND DR.AINAGE PLAN STATES iliA T "SIDEWALKS REQUIRED WI1H DWEll..ING UNIT CONSTRUCTION" , PAGE 6 STATES "SIDEWALK BY HOME BlmDER", The 60' right- ofwayyo\l refer to is located in Palm Beach County on Plat #2 of Manor Forest. Your letter states that you do not possess plat #2. H(W\o' can you permit a home onto a rigb.t-of -wiiY when you don't "pOSSCiM" the rtlAp to vmfy that the codc;& II'C being followed. If you. WQuld have possessed the plat and looked at it you woutd see that it shows NO SIDEWALKS, As you can see this appears to be a direct code violation of the developmem order issued by Pahn Beach County for plat # 4 and annexed into Boynton Beach. I ~ u..... u ',..' u . I": J. 1 U : U '...I VI"': ~ U U W So L-':'" I ..... tJ " ~ "':'..J " I'. ~ I' Item #6 in my letter states; "6) We question whether Boynton Beach is aware of these facts and is still issuing penni15 for c.omt:ruction which will affect fhiA roadway_ It is our undersfandina that lridewt.d:ka Me required for ~onstruo.1ion of homes in a P. U .D. to xn.~ all applicable code., It YOUR RESPONSE; "Note 6. The issue ofsidewalb was decided when the master plan was reviewed and approved by Palm Beach County, Your statement about omission of sidewalks in I;;omment 2 Is not compa.tible; with your staklmmt a'bO'u1 inclusion of sidewalb in comment 6." IJl' yOU Loa}; AT !HIS ,~SnON AND ANSWER SIDE BY SIDE I THINK YOU um T, SEE THE ONLY TmNG ]lIAT IS NOT COMPATmLH IS YOUR ANSWER!lL In your response you mennon a master plan, I assume you ar~ referring to the MASTER SITE PLAN which you should have on file, ~ause Boynton Beach requires; this with properly completed application wh~n a prQj~t izs being annexed, The mMtc;r site plan as recorded in Palm Beach County (petition # 82-11 exhibit # 42) dated 10/18/93 clearly mows an 8' bicycle path along the cast side of the roadway and NO SIDEWALK ON THE ~1EST SIDE OF MANOR FOREST BOLlLEV ARD. As you can see I am completely confused with your respol18~5 to my q~tions. I would greatly appreciate it if you would make a 2nd attempt to respond to queatioos #2 and 6 and the Conowina questions so that I can better ascertain our position in this matter. 1. Does Boynton, BelICh issue a separate permit for COt18tnwtion of a sidewalk when a home builder is constructing a house? 2. Plat #4 calls for the home builder to construct the sidewalk with the dwelling lUlit. The right-of -way easement where the sidewalk is to be constructed is located in Palm Beach County, Who will be ialluins the permit and inspection for the construction of thi; work'? 3. Who is issuing the pennit and inspection for construction of the portion of the; driveway between the sidewalk and the roadway located in Pa1m Beach County? 4.If Palm Beach County has to issue the permits and inspec1ions for these items will all1hcsc: firuI1 in5p~tion5 be rcqWrc:d by DfJ)'Dton DClII\;h priQr to th(l ~ity i515~ .. certificate of occupancy? 5. Will Boynton B~.h continue; to dow ~01l!ltruct.ion to procClCd and mz,ue inspection knowingly that there are serious code violations and construction standards in direct conflict with the plat development order, the master site plan, and plat # 1:f 6. Does Boynton Beach have jurisdiction and enforcement powers to require the Lawrence Oaks P.HD. located in Boynton Beach to meet the original development orders tu'l.d oodes that were issued by PAlm Boach County prior to annention. As you know these are serious questions that shoUlC1 ~ DC;cl\ ans~ pnUl W pennitting and not during construction. I would greatly appreciate your prompt respoll8Q to these qucatiOll$ 90 that thClle grave aituations can be dealt with immediately. Thanking you in advance for your cooperation in this matter, ~~ p:~or Fore.~t Homeowners Association Inc. cc: Carrie Parker, City Managct City Commisson (5) Jim Cherot, City Attorney Tambrll. Hayden, AICP Dorothy MootCi, PllUtlI Revi~Clr Tony Occhiuzzo, Bldg, Pennit Administra.tor Chronological File T-560 P.Ol/0. Job-611 ..~~ NOV-11-86 1.:33 From:GREENBERG TRAURIG 5616556222 TO Fax Nwnber Phone Number D~[f~~[~~ ~TTO.MEVf ~T LAW r~~~~I~ Transmittal Cover Sheet /Mr. Terry VenaeI' 233-5517 233-~OOO CC ./ Mr. S. Lawrence Kahn, III Fax Nwaber v 305-577-8650 Phone NWllber 305..577.8550 CC Fa Number PlIone Number cc 'ax N1IJIIber Pllane Number cc Fa Number Phone Number cc Fa Number Phone Number CC Fax N1UIlber Phone Number CC Fax Number Phone Number CC Fax Nv.mbcr Phone Number \D)~@UW~~ i\J\1 NOV I L i99f' \ L PLANNING ANO ZONING DEPl Barbara Alterman, Esq. Rebecca Duke, Elq. Please distribute to all parties. Robert Banks, Esq. 355-4398 3"-4393 Mr. K. S. Rogers, P.E. 478-5770 684-4090 Commissioner WarreD Newell 355.3990 355-2203 Mr. George Webb, PeE. 355.2090 355.2006 Mr. Dominick Simms 233-5167 233-5005 Mr. Julio DUlDas 233..5265 233-5000 Ms. Tambri Heyden 375-6011 375-6010 j\ 'I ~(lc '; .1'- 1(. iG 112 J/ I , ,t l ~O- "\L \_ ~ ll" REC;E,~ViD rnt, 1_2., 19.96. elTY MANAGER'S ~ OfftcE~ t . ~ , NOV-11-86 14:34 Frcm:GREENBERG TRAURIG 5616556222 T-560 P.Q2/04 Job-BI1 FROM FIle Number Date No. Pales Alfred J. Malefatto, Esq, 6530.3201 Novmeber 11, 1996 IncIudina this 2-page cover sheet 4 Please notify us immediately if not received properly a.t 407-65()"7900 The Information IlOntalneclln this transmission Is auorney privllelJMI and ccnfldentl... It I. InMlded only fClf tM use of the IndivldUal Dr .ntity namad lItIeve. If the reader at this mU&l8. I' not tII. Inl8llded "oIplent, yew .,e MraDy noila.d 1ha' any dl...mlnatJon. dlt1rlbutlon or copy of thl. communication II ltrIoty prohibited. H you have ,.~lvtd this comrrwnlcdon In .rror. pl.... no1l1y ullmm.dlat.lv by ttlltphona ClClIIIGt and retl&rn the onglna mMlaQt to u. at the addr... b.low via the U.S. Pcmal SeMce. W. wll "lmburII you for your po_.. Thank yell. nT a ,....... Ddw, .,.. ....m BMIlh. I'IEIdda a4CI1 4CI7<<D-7.xI.... cr-aaa - NOV-11-86 14:34 From:GREENBERG TRAURIG 561655EZZZ T-560 P,03!04 Job-611 ~~[[~~[~~ \ T l' (I K , I': , ~ ~'r I, \ " l~~~~lu Alfred J. MalefaUo ~1.65()' 7908 November 11, 1996 VIA TELECOPIER 233..!!17 AND C'l\'.RTJFIED MAlL Mr. Terry Verner, DirectOr Palm Beach County Code Enforcement Division 100 Australian Avenue W.st Palm Beach, FL 33406 ae: Manor Forest Homeowners Association. Inc. Complaint No. C9609110013 Dear Mr. Verner: OUf firm represeots Lowell Homes and the Lawrence Oaks Homeowners Association, Inc. ("Lawrence Oaks"), owners of property adjacent to common area property owned by Manor Forest Homeowners Association, IDe. ("Manor Forest") in the Boynton Beach area. On September 10, 1996, I wrote to you on behalf of our clients to complain of a chain link fence which had been erected across Manor Forest Boulevard by Manor Forest. The fence was erected without the requisite permilt is contrary to the PUD approval for the Manor Forest/Lawrence Oaks development, is clearly contrary to numerous provisions of the County's Zoning and Building Codes, and is otherwise unlawful and a public safety hazard. On September 17, 1906, your division issued a notice of violatioD requiring that the subject fence be removed. An amended notice of violation was issued on October 1, 1996, with a compliance date of November 1, 1996. In respoDSe, Manor Forest bas attempted to have the fence permitted after the fact. but the County Zonini Division bas concluded that all affected associations must first concur with the request, The Zoning Division has also coDcluded that a fence at this location would b. contrary to the County's PUD regulations. As to these points, I would suggest you confer with Mr. Julio Dumas, Principal Planner with the Zoning Division. ' Despite this clear violation, we just learned that the compliance date was extended by the Code Enforcement Division until December 16, 1996. Under no circumstances can we understand bow this compliance extension could have been approved in the face of a lODptanding violation which is easily and simply remedied, i.e., the removal of the fence. We are also quite concerned and dismayed that this decision was made without any notice to Lawrence Oaks, Lowell Homes, or to our fir~ particularly in light of the fact that we _.nw\"'~"'\OI..."'I"'UlII...vIlr.r.'\;IHll(; TIIHIlIr. t1o~nl.\:"I LII'OH RUH;;'\''' Qn;;IlTl:I., P..-\, p.n. Kl" 2062') ,*'f.~T P\I.!ll BE\I;II., Fr.oHIIH :JHlft-lUi29 :;(,1-1\50.7900 Fu 561-6S5,62:':2 777 SurTII FI. \(;UR DI'\t; SI rrr. :\1 II ":,'~T "';~T p,!.!,. BI.:.\C;li, FWRII' \ 33401 "lUll :"i~... ""HIi ~'\~t1I~I;TII'. \J.e:, ~'''IH 1.11"""/1\1,0; ""'~;"T PUll 8f.\4:11 TII.UII,s"l:t: 1l1l1.1.'11H NOV-11-86 1.:35 From:GREENBERG TRAURIG 5616556222 T-560 P.04/04 Job-611 Mr. Teny Verner, Director November 11, 1996 Page 2 brought tbis violation to the attention of your office. Our clients' objections to the subject fence are well known and on record with the Code Enforcement Division. Ute Zoning Division, and the Land Development Division of the County Engineer's office. Your domioll to extond the compliance date for removal of the fence without providing WI an opportunity to be heard on the question is difficult to comprehend. Please be advised our clients continue to be adamantly opposed to the maintenance of this fence, which disrupts the free flow of traffic through the community as originally designed, intended, and approved by the Board of County Commissioners, and because it has had a detriJ:nental impact on property values and sales. I have called your office to discuss this matter, and would like to discuss this issue with you. (will also be requesting a meeting to discuss this issue as well as Manor Forest's failure to maintain an open space recreation lot which they own, are rcspomible for, and which is adjacent to Lawrence Oaks. Finally, I hereby formally request that we be notified of any further actions taken regarding the subject violations, so that we may appropriately respond. /gw cc: (all via telecopier, exept where indicated) Mr. S. Lawrence Kahn, m Barbara Altennan, Esq. Rebecca Duke, Esq. Raben Banks, Esq. Mr. K. S. Rogen, P.E. Manor Forest Homeownen Association (via certified mail) Commissioner Warren Newell Mr. George Webb, P.E. Mr. Dom1n1ck Simms Mr. Julio Dumas Jeffrey Gilbert, Esq. Ms. Barbara Springtborpe, AlCP Ms. Tambri Heyden .......,.""'\",... .l\--. ......-'\11/.',.. GREE"Bf.IlG TR.UJRIC TO Fax Nwnber Phone Number TO Fox Number Phone Number TO Fax Number Phone Number ~~[[~~[~~ ATTORNEYS AT LAW 1 ~ ~ ~ II-~ ma &llwmIfll1 OCT - 9 1996 f!)1 'MM~bNg AN~ Transmittal Cover Sheet Mr. S.Lawrence Kahn, III ,.. 305-577-8650 30S~577.8S50 _ Ivf~ ~ " Ily" ;/h_~ ~L (L . r/V C). t< f vtJ I rt' [Y vyrcrftl/ r '~ '. C} ~frJ-~~1 iC~ . ~~ r+~ f (~ (2Lv_~ \\.~ 11 / Rebecca Duke, Esq. ". 3554398 355-4393 Commissioner Warren Newell " 355-3990 355-2203 TO Mr. Kurt Elsmann 'ax Number / 233-5020 Phone Number 233~S100 No. PRges Including this 2-pace cover sheet 0,\} \ (~ 1,1 i {t' '"",\fJ ~ U ''-.- - "/\\;)110 0/ / tC'd ,to'eN TO:~t 3E.80 lJJ .~ -"- - .~- - ~_._-~ - - ._-~-..- TO Fax Number Phone Number TO Fax Number Phone Nwnber TO Fax Number Phone Number FROl\l FUe Number Date Mr. George Webb / 355-2090 355-2006 Ms. CarrIe Parker ~7S-60 11 375.6010 Mr. Norman Bratcher 23345517 233.5500 Alfred J, Malefatto, Esq. 6530.3201 October 8, "1996 RECEIVED 6 OCT ~ 1996 CITY MANAGER'S OFFICE ::::('9-5S9-t9S:JI 9Ian~~1 'S~33~33~~ .., ~ ~ '~ , .. Please notify US immediately if not received properly a.t 407-650-7900 Th. lnfomult/on com.ln.d In thl. tranltrllMJon I. attorney pri'lUegtd and confidential. It I. In..ndecl only for the u.. of tho individual or entity nam.d above. If tho read.r of this m.uag. I. not the Inttndtd t.dpl.nt. you .. h.r.by notified that any di...mlnation. diwibution or CClpy of thi. commurnoallon Is stttotly pmhlblttd. If you haw t.Cflved UlI. c:ommunlCatlon In '"Or. pi.... no1lfY uslmm.clJatelV bV .e1.phon. colleot and tetuM th. ori;inall'nllneQ' to u. at 11'1. addr." b.,ow Via m. U.S. Postal s.Nice. W. wll r.lmbur.. you for your paeta;., Thank you, "' S. f1IQlIt Drfve. WItt him 8Nch. FIarIda 33401 4G1.....1IIOD FM 4078&6222 .,-,= '.::1 t?TC" qJ -:'t':ZT6 ?E,i3=l l~JJ ;::('3-SS9-19S:GI 9I~n~~1 '9~3~~33~S ij~ff~~[~~ \rTllll~':TS ",. ~'" 1~~~~1~ Alfred J. Malefatto 407-650.7908 October 8, 1996 VIA RAND DELIVERY Mr. Terry Verner, Director Palm Beach County Code E.nforcement Division lOG Australian Avenue West Palm Beach, FL 33406 Re: Manor Forest PUD Dear Mr. Vemer: This letter is a follow.up to our September 10, 1996 Ietter regarding land on which two code violations exist. This firm represents Lowell Homes/RBG X Ltd., ("Lowell") and the Lawrence Oaks Homeowners Association, property owners adjacent to the land on which the violations exist. We are in receipt of the Notice of Violation (Complaint No. C96091100t3) regarding tbe chain-link fence that has been erected across Manor Forest Boulevard, blocking access from Ule southern portion to the northern portion of the Manor Forest POO. We appreciate the County's action in this regard. We would also like to again bring to your attention the recreation tract in the PUD (shown on Attachment 1). The lot is significantly overgrown with uncultivated vegetation and is not cared for on a regular basis, contrary to Section 234 of Ordinance No. 93-2 (the Palm Beach County Lot Clearing Ordinance). The maintenance of this parcel is the responsibility of the Manor Forest Homeowners As.",ociation, as set forth on the plat dedication page (Attachment 2). The specific: language is as follows: Tract itA", as shown hercont is hereby reserved for open space and recreation and is the perpetual maintenance obligation of Manor Forest Homeowners' Association, Inc., its successors and/or assigns without recourse to Palm Beach County, Florida. We insist that this also be corrected immediately. ____..\......"........,-'./JiJ~t;IOUIEIlI, T.~"'lnc UctH'\l4/1 LIP..,.....- R051l1'l It (1&......TII.. ".A. r.o, II,,, ~06:l,) W,:st P,\UI HJ41:R, FLORI'I.. J3.16,l)629 561./\50,1QOIJ r.H 5",.655.6%32 11, Sownl Fur.Uk DIIl'If: ~&Jln: 31~ F.Ut WitT "'I.'" B~!l.t:II, FLORIO,\ :\:\."H ~1.I\l1 ('11.,,' V,',1I1< W.\:llll)fr.'fl).... D.C;. ~'mIT L.\lJl)r.~Il",.: WElt 1',,'1 Rr..\CII TU.I..\lI.\~.n OK/..\.'11111 . i: C._':! ... ~JQ'~JI:J?: :~J_ _._~.~~f?L J,)) :~c9-;S9- t9S :.~____. 9I~n~~1 '~d33~33~S ~ .,. Mr. Terry Verner October 8, 1996 Page 2 , ... We appreciate your courtesy in this regard. Please call if you have any questions. Enclosure cc: (all via fax except where indicated) Mr. S. Lawrence Kahn, III Rebecca Duke, Esq. Manor FOfC$t Homeowners Association (via certified mail) Commissioner Warren Newell Mr. Kurt Eismana, Building Division Diredor Mr. George Webb, Palm Beach County Engineer Ms. Carrie Parker, Boynton Beach City Manager Mr. Norman Bratcher, Code Enforcement Division ~ ..........,...,....... '\MM. ")te,"' ..,.,,_ (;RF.~:~ln:RG TK,WHH; ~C.d Vl0'ON 2P:~t 36.80 1)J ;::~Z9-;S9-1ss:aI 9I~n~~1 'S~39N33~~ oel OS'96 l~'-- )ERG. iR8\.lRIG ID~561-6SS-6222 ~~ \0. .. '6 ,. .. " ~l ... \ .. S~ t~ ~ ' .. ,- . ..l ... ~ . ~ . - fj\~ '64. ~\. ~. ~..: N i 4~ . e 'e~ i~ ' \ . I"~ oI, .1'." ,,:' ." Ii r OS . .", .... \\\ 'f \ ~\ \ \\\\ \ ".. -:]0' " ,\\~\ , =:- . l -z. to' ;" i\ip -\'. ~ ~ : - w ""'" ..... ....,........... ~".. ..........hl .."......"'..I~ ,,~ ~.......n 11.."Lvlo" ..) 1111;. rL",.c.IU~," ~~N~~~~:~:o:~l:~~~HA::l::=O:IT~~TR:~~~:E;~ ~~~l~l~~Nf~:~;: FL.ORIDA. , ' ' .. 3. TRACTS: '; TRACT 'A', AS SH,*N HEREON, IS MERElY RESERVED FOR OP!N SPACE AND RECREATION AND IS THE PERPETUAL MAINTENANCE OBLIGATIO" OF MANOR FOREST HoMeOWNERS ASIOCIATIOH" INC., ITI SUCCESSORS ANDloR ASSIGNS WITHOUT RECOURSE TO PALM REACH COUNT V, fL.ORIDA- TRAtT 'B', AS SHOWN HERlON, .S HEREIY RESERVED FOR 'ARKING" DRAINAGE, ~ND UTiLITV PURPOSES AND IS tHI PERPETUAL MAINTENANCE OILIGATION OF ~NOR fOREST HoMEOWNERS ASSOCIATION, INC., ITS IUCCESSOAS AND/OR ASSIGNS WITHOUT RECOURSE TO PAlM BEACH COUNTY, fLORIDA. 1M WiTNESS WHEREOF, tHE ABOVE MAHIn CORPORATION HAS CAUSE~ THERE PRESENTS TO 8l SIGNID tv ITS PRISIDENT AND WITNESSED AMD ITS CORPORATE SE~ AFFIXED HERETO IV AND WITH THE AUTHORITY Of ITS 80ARD OF DIRECTORS, THIS ~ DAY OF ---tJr..... II .;.c. " 19..la-. GOLDEN EAGLE CORPORATION, A DELAWARr CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF FLORIDA, AS TAUSllt AHO IN ITS ORATE CAP v Al'TACp'~ENT 2 OEDICATlON 0 -- --- ?C'd 910'ON ps:~t 96.80 1)0 ZcZ9-SS9-t9S:Qr 9I~n~~1 '9~38N33~9 Board of County Commissioners Ken ~. Foster, Chairman Burt Aaronson, Vice Chairman Karen T, Marcus Carol A. Roberts Warren H, Newell Mary McCarty Maude Ford Lee lr~ ~ @ ~_ IL W rn \\n~~ juU ~FP26~ I - I PLANNIN r ment , ZONING DEPT. ;.- / /- ;:", t)---<.fJ. unty Administrato~ &, / '} Robert Weisman ~ ~lanning, Zoning & Buildin! September 23, 1996 Zoning Division Mr. Michael R. Briggs, Secretary/Treasurer Board of Governors Manor Forest Home Owners Association, Inc. 4110 Manor Forest Boulevard Lantana, Florida 33462 RE: MANOR FOREST PUD - PETITION PDD82-71 Dear Mr. Briggs: This letter will confirm our telephone conversation this past Friday, September 20, 1996. The Board of County Commissioners approved the Melrose Planned Unit Development (PUD) on January 18, 1983. On 1995, the southern portion of the PUD was annexed into the City of Boynton Beach. The current approved master plan for the PUD shows an internal collector road serving all residential pods within the PUD with two points of ingress and egress. You propose to close the internal collector road to a portion of the PUD, This would require an amendment to the master plan for the PUD. The proposed change exceeds the allowed deviations to the master plan contained in Section 6.8.A.15.b of the Unified Land Development Code (ULDC). The proposed amendment will therefore require approval of a Development Order Amendment by the Board of County Commissioners. For your use, I am enclosing the required applications. Please contact Mr. William C. Whiteford, AICP, Principal Planner at 233-5234 for additional information. Please note that as part of the application, the County requires consent from all property owners. The PUD approval is over the entire development. As previously stated, part of the PUD has been annexed into the City of Boynton Beach. The Palm Beach County Planning, Zoning and Building Department does not have jurisdiction over the portion of the PUD within the City limits, however, the County will consider the effects of the proposed change based on the entire PUD. The County will also require review of your application by the City of Boynton Beach. The county may also require approval by the City of Boynton Beach before taking final action on your request. "An Equal Opportunity - Affirmative !\ctilln ElllploYl'r' @printedOnreCyctedPaper 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5000 FAX: (407) 233-5165 Michael R. Briggs September 24, 1996 Page 2 I wish to also confirm that the County does not enforce any private deed restrictions. Lastly, as I stated to you, the County charges review fees for all applications. The Board of County Commissioners establishes the fees. Any request to reduce the required fees should be addressed to the Mr. Dominic Sims, Interim Executive Director. Your request should include a justification for the reduction in fees. Please do not hesitate to call me at 233-5261 should you have any questions with regard to this matter. Julio F. Du as, PLA, Principal Planner cc: Domine Sims, Interim Executive Director, PZB Kurt Eismann, Building Official L. Martin Hodgkins, AICP, Zoning Director Terry Verner, Director, Code Enforcement Division. Barbara Alterman, Esq., Assistant County Attorney William C. Whiteford, AICP, Principal Planner Carrie Parker, City Manager, City of Boynton Beach F:IUSERIJDUMASI WPDAT AICORRI092396B.LTR ~) ~~[[~~[~~ ,\TTIlR"t;VS .\T 1.\11' l~~~~lo ~t.17,i) J ), ))/' ~ n:,\\ ~\G ~\ e,' U . ~ e"( QJ . ""IJ~~,I~ ll.'1 ' Alfred J, Malefatto 407-650-7908 September 10, 1996 rn rn~rnow[ SEP , 9 IE , I \ PLANNING AND ZONING DEPT. VIA TELEFAX 233.5517 AND CERTU'lliD MAIL Mr. Terry Verner, Director Palm Beach County Code Enforcement Division 100 Australian Avenue West Palm Beach, FL 33406 Rprr"'-""l7'ED ..1<..# ~''''' ~ t ~I . . Re: Manor Forest PUD :,,; ~'} 12 1996 QllY MANAGER'S OFFICE Dear Mr. Verner: .. J This firm represents Lowell HomesjRBG X Ltd., ("Lowell") and the Lawrence Oaks Homeowners Association, property owners adjacent to land on which two code violations exist. We request that these violations be reviewed immediately by the appropriate code enforcement officer and that notices of violation be issued to the appropriate responsible parties. A chain-link fence has been erected across Manor Forest Boulevard, blocking access from the southern portion to the northern portion of the Manor Forest PUD. The approximate location of this fence is shown on Attachment 1. This road obstruction is unlawful, unpermitted and a public safety hazard. We insist that the County take all necessary actions to ensure that Manor Forest Boulevard be immediately open to through traffic. Lowell and the Lawrence Oaks HOA together are the affected property owners, and they adamantly oppose this road closure. Besides being a public safety issue, Lowell's sales are being detrimentally affected by the unauthorized road closure. We understand that an after-the-fact permit application for this fence has been filed with the Building Division and is now being reviewed by the staff. The road obstruction should not be permitted to remain in place while the application is being reviewed, since the public safety hazard remains. Lowell and the Lawrence Oaks Homeowners Association fully intend to oppose any issuance of the fence permit. Our opposition is based on the fact that this obstruction is a direct violation of the PUD master plan and interferes with our residents' ability to travel freely through the development. GREE:liBERG TR.",URIG HOFF}!.\:'; LJPOFF ROSE:'; & QJ:E:'iTEL. P,A. WPII'.....uFATTOA\nlA:. 1\6530.320100\"/10/96 P,O, Box 20629 WEST PAL}! BEACH. FLORID.", 33.U6-0629 561-650-.900 Fu 561-655-6222 777 SOUTH FLAGLER DRIVE SUTE 310 EAST WEST PAUl BEACII. FLORID,\ 33401 MI.\}!I :'iE" YORK WUHI:'<iGTO:'oi. D.C. FORT L.\lDERD,\LE WEST PALM BE.\CII TALUHASSEE ORL.\'\OO ,... .."" Mr. Terry Verner September 10, 1996 Page 2 The second violation that exists, equally serious from our perspective, is the unkempt state of the recreation tract in the PUD (also shown on Attachment 1). Trash, rubble and , ,I debris' have accumulated and uncultivated vegetation in excess of 18 inches contributes to the unsightly, blighted appearance of this parcel. The condition of the parcel has and will continue to have a detrimental impact on the value of the property as a whole. The condition of the parcel is in direct violation of the County's lot clearing ordinance and we insist that this also be corrected immediately. Enclosure cc: (all via fax except where indicated) Mr. S. Lawrence Kahn, ill Barbara Alterman, Esq. Rebecca Duke, Esq. K. S. Rogers, P .E. Manor Forest Homeowners Association (via certified mail) Commissioner Warren Newell Mr. Kurt Eismann., Building Division Director Mr. George Webb, Palm Beach County Engineer Ms. Carrie Parker, Boynton Beach City Manager ,,"\MLUAnOA\nlll2: ~ 1\6530.. 320&00\09/10/96 GREE:\BERG TRAURIG i~'~' . ldOO -':\11:1 S66\ l I 9nV" T L - Z S \i \'~ . 10 -lo-t? I ! APPROXIl4ATE LOCATION OF FENCE ~ ~..al"Jv--'~ . U- ,~-I..-- '-.. ~]j J' ~ J rJ .' --.......--..., ~ 1:. ... ~ I L- I ....~ II Ji --- ~ · 1-_ i ,~ l II. · H L--; 'SI .1 II . ~ I! Ii . . sf -,- ' _._.~'~'i ~ .~j . ;:;~:.:, _.=,,' ~4 n ' . ,,_._ . .':..... ",;, I __----- _'9>' r ..-_r""~---' - --'- -~~ a:.;;';':':.-:';;'::;;:';: - -'-~-- ;;.."..: __-.:;;:.;;;;;r.-~..p,;:.-.;;:;:::;:;Ci".!---;;'~;";';;';:':'::';~' ... _ . 1__........ ,M' ') ;;ft!':,..,. ~ . . . '. IIIJ- . '" ",.","fV '. . . I~' .' ~~':~I_"': I..~::,t:~i , :.' . . 'i,.I' .. . . . . ):',:fi' . · , . ..". ." . . :', :. l! " ,":;"~' ". : 1 . - ,1 'i ' .........:.:1... .'. r I '. "):..' 'C';''''': ';' =t1, ,Q .,~::(i\'':' ~~~l' '. .. . . ..J ....;.. . .,.' ATTACHMENT; 1 . ..,.......: .:.~ . y "~W" I~r."- . ~.,:,~r!f.~. ~ ; , . '. ..... . . II 'i . . 'i f! 'Illjq " ~;ll ': ~ ~ t i\;1 ~ I\i \{ \1 \\ ~1 t- ill ii l' Ii ~I \ I \1\\1 l" ~ iil i I i , 5;' i ,ltsnUSC \.i a ..~ ~~~.. .1' _II' a . ...... . . I i . \\\ \t I 1..1 -" , I i \ \,' '1 . I _ I I ! \i, . I . I I ! . I I.. e . . I ! ~ # # # a : . . .. , II ~ I . --"!!!!!!!. . .-II!!!!!! till. IJlii Ii · l\ .' MANOR FOREST ":.' ,....~ .~. '\ LAND~ .", ""V... . I" " . ~RED FOR VANGIJARD R, : . ~,.\' ,:. DESIGN ~E\.C)PMENT CQRPOR::II!!A.< . SOUTH .... . . ' / INTEROFFICE MEMORANDUM PALM 6EACH COUNTY DEPARTMENT OF PLANNING. ZONING AND 6UILDING ZONING DIVISION TD', ~t.Q.R. '{ T~YLo12 r'f t - Wi.. A,e[.. <:"cOCttOINA\l~q vi' e<:J'(m~ 'edAcH-. ~ f: Julio F. Duma!S, PLA Principal Planner ill mO\!lrn TO: OCT 7 1996 @ FROM: PLANNING AND ZONING OEPT. . DATE: September 24, 1996 RE: /' MANOR FOREST PUD - PDD82-11 A building permit application was !Submitted on Augu!St 9, 1996 (PR960027190) for a chain-link fence acro!Ss the !Spine road within the Melro!Se Park PUD, The !Southern portion of the PUD ha!S been annexed into the City of Boynton Beach. The propo!Sed fence will !Separate the portion of the PUD within the City from the portion under the County'!S jl;lrisdiction, The application wa!S for an after the fact building permit. The fence was con!Structed without the required building permit. I have informed Mr. Michael Brigg!S that the reque!St would require approval of a Development Order Amendment to the PUD by the Board of County Commi!S!Sioner!S, I have been in contact with Ms. T ambri Hayden, Planning and Zoning Director, City of Boynton Beach. It is my understanding that the City ha!S not received any reque!St for clo!Sing the internal connection of the road, therefore, the City ha!S taken no final action, In discu!S!Sing the matter with her, I !Suggested that any application to amend the internal road network of the PUD would require concurrent review by both juri!Sdiction!S. During my numerou!S telephone communication!S with Mr. Briggs, I have attempted to indicate the difficultie!S a!Ssociated with the required application. A!S of thi!S date, they have !Submitted no application. Please do not he!Sitate to call me at 233-5219 !Should you have any que!Stions. cc: L. Martin Hodgkin!S, Zoning Director ~' F:\U5ER\JDUMAS\WPDA T A \CORR\092396C.MEM ~~~~~~~~~ " T TOil N E Y S "T I. A W 1~~~~1~ \\.~\\ (j. ~\\\ ~,~~ r AHr{\'V\\\q\r~ ) r ~ . I.LtJ ltY Alfred J, Malefatto 407-650-7908 September 10, 1996 00 '!;..~rn1 SEP i _~~ PLANH'Y t, NO ZONlt~G r..tPT. i L , VIA TELECOPIER 233-5165 AND CERTIFIED MAIL Mr. L. Martin Hodgkins, AICP, Director Palm Beach County Zoning Division 100 Australian Avenue West Palm Beach FL 33406 Re: Manor Forest PUD Dear Mr. Hodgkins: This firm represents Lowell Homes/aBGX Ltd., ("Lowell") and the Lawrence Oaks Homeowners Association, the majority property owners on the south portion of the Manor Forest PUD. We request your immediate assistance on a matter that came to our attention only yesterday. We have been aware for a couple of months that a chain-link fence was erected across Manor Forest Boulevard, blocking access from the southern portion to the northern portion of the PUD. The approximate location of this fence is shown on Attachment 1. We have determined that this road obstruction is unlawful, unpermitted and a public safety hazard. Additionally, we believe that this is a direct violation of the approved PUD master plan. We have been in contact with the Engineering Department about this and have requested that the County take all necessary actions to ensure that Manor Forest Boulevard be immediately open to through traffic. We are also contacting the Code Enforcement Division about this PUD master plan violation. Lowell and the HOA together are the majority property owners, and they adamantly oppose this road closure. We now understand that an after-the-fact permit application for a fence has been filed with the Building Division and is being reviewed by the staff (Ron Sullivan of your division). As shown on Attachment 2, the "application review history" from the Building Division, a determination has been made that only an administrative amendment to the PUD is necessary in order to close the road. We strenuously object to this determination, based on the fact that our clients are and will continue to be substantially affected by this road closure, and that no public notice was given of this action. We believe this is an blatant attempt by the Manor Forest Homeowners' Association to short-circuit the public """"'L...nOA'n2.5,'6530.320'OO'09Il.,..GREENBERG TRAURIG HOFFMAN LIPOFF ROSE:'\ & QUENTEL. P.A, P.O. Box 20629 WEST PUM BEACH, FLORIIl,-\ 33416-0629 561-650-7900 Fu 561-655-6222 777 SOUTH FUGLER DRIVE SUITE 310 EAST WEST PUM BE.-\CH, FLORIDA 33401 MIAMI NEW YORK W,-\SHINGTON, D.C. FORT LAUDERDALE WEST P.-\LM BEACH TALL.-\II.-\SSEE ORLA:'IDO ~--. --.: '-' ...., Mr. L. Martin Hodgkins September 10, 1996 Page 2 notice and hearing requirements in light of their recent failure to proceed with a formal application to amend the PUD. This application was administratively withdrawn due to inaction (Attachment 3). The inaction was the result of the HOA's failure to obtain our client's permission to amend the PUD. It is our position that, although the decision to allow only an administrative amendment to the PUD may have been made without the full and complete picture being presented to the decision-maker, this decision must be re-evaluated immediately. Further, we believe that any after-the-fact permit or administrative amendment to the PUD must be held in abeyance pending a resolution of the code enforcement complaint being filed today. We request your immediate assistance in this matter. At a minimum, we maintain approval of the fence should be subject to a formal PUD amendment, including consideration before the Board of County Commissi jrs. S' ce e Enclosures cc: (all via fax, except where indicated) Mr. S. Lawrence Kahn, III Barbara Alterman, Esq. Rebecca Duke, Esq. K. S. Rogers, P.E. Manor Forest Homeowners Association (via certified mail) Commissioner Warren Newell ' Mr, Kurt Eismann, Building Division Director Mr. George Webb, Palm Beach County Engineer Ms. Carrie Parker, Boynton Beach City Manager <" ...\MLEFATTOA\.3205. \653CI. 320100\09/10/96 GREE~BERG TRAURIG ~duaj Ui ~oo~ t. I tllI'l \'I \t,~. l41- 00 . 10 '20.'JJ ", . s, ' i l,l.iJJili; III ~ ~,. ~J"~ Jl~ --, - . ...... , i IlJ1. , ~ : \ , 1 - . - I 1 ! . . t: - · I.. ~ 1.1 - - ~ - . : I i APPROXIMATE LQCAT:LON OF FENCE rr--c;--:.-r.- - k ,\"}i L . .i.....~. ti J --- .... t- I · II · L- - .;.- "I :1 l I - \ \\~ \t \ \\" ~ \t. ~ I , ..~..ao!!!!!!! J; ti61 IJ~i J · -) I~ ., -. ~2~ 1~' ~ ~~ ~\!t\i\' . .... .' .. ~ . \\ .. MANOR FOREST'-,~};..\ LAN[ p.o~fOR ~ ~j'" .DES\G~ ~~~::..r"'" . SOUll A'rtACaMEN'I'i.1' <.~::.~. '. . .' ~ . .', . JZRH PLAMNING ZONING & BUILDING AP~CATIDN REVIEW I-IISTOln ...., 09/09'1..96.- 16:09:48 .~._._-------------------------------_._---------------------------------------------------- PR NUMBER: 96 027190 ) 8 ~~;; 9 6 --i-;~Ei---G~.P.--~,eS----..-PL-AN~S---I=O-GGEO_i-~1iC-LI01LL__l:Dl1t1ENl,S._ .---..-...----'-------..-.-----~ )8/16/96 12:16 S RWS CUSTOMER CONTACT )8/16/96 12:16 CONTACTED ARTHUR AARON. WILL NEED ADMINISTRATIVE )8/16/96 12:16 AMENDMENT TO MASTER PLAN FOR MANOR FOREST PUD SHOW )8/16/96 12: 16 ING FENCE AND GATE I WITH SIGNOFFS FROM LAND DEVF":LO j )8/16/96 12:1,6 PMENT AND FIRE. <EXHIBIT 42, 182-71) ~ )8/16/96 12:19 S RWS PLANS LOGGED OUT . )8/16/96 12:31 S RWS CUSTOMER CONTACT )8/16/96 12:31 CONTACTEO MIKE DRIGGS, 798-8733 ABOUT ADMIN. AMOT. )8/22/96 13:48 F CTS PLANS LOGGED IN )8/22/96 13:48 F CTa PLANS LOGGED OUT )8/22/96 13:48 F CTS SIGNED OFF )8/23/96 19:40 P RIZ PLANS LOGGED IN 'Hl/23/96 19: 40 P RIZ PLANS LOGGED OUT ~8/23/96 19:40 P RIZ SIGNED OFF ENTER=QUERY CLEAR=MENU Fl=FWRD F2=BACK F3=TOP F4=BOT F12=RESPOND FI9=DELETE 'ZAC PALM BEACH COUNTY - PLANNING, ZONING AND BUILDING ROUTING COMMENTS 09/09/96 16:11:17 --------------------------------------------------------------------------------- PLAN REVIEW NUMBER : 96 027190 LOC: C 08-14-96 / LR / LAND OEV.- RECEIVEO PLANS FOR FENCE & LOCK BOX. G AVE TO GEORGE MCOERMOTT, PROJECT COOROINATOR FOR MANOR FOREST, FO R REVIEW. ~ 08-15-96 1 LR 1 LAND DEV.- PER GEORGE MCDERMOTT: CANNOT APPROVE UNTIL TURNAROUNDS AND ROADWAY SIGNS ARE APPROVED BY ENGINEERING. ENTER = QUERY F10 = UPDATE CLEAR = EXIT ATTACHMENT 2 ,o.ara 01 '-UUH~)' ~UllUIUSSloncr:; \..UUllL)' ~UllunlSU"lur <en L.' Fostei, Chairman . 3urt Aaronson, Vice Chairman aren T. Marcus :Uol A. Roberts Varren H. Newell wfaryM~ daude Ford Lee ' Robert Weisman '. Department of Planning, Zoning &t Building Zoning Division June 10. 1996 Robert A. Bentz, land, Design South Congless Business Center 1280 North Congress Avenue, Suite 215 . West Palm Beach, Florida 33409 Re: Manor Forest (petition 82-71A) ~ near Mr. Bentz: The referenced application was. submitted by your office August 17, 1995 and has not been c:eltified by the Development Review Committee (ORe). All applications not continued for more than 6 months are administratively withdrawn. In accordance with the Unified Land Development Code (ULDC), therefore, the application has been withdrawn. r;c~ ' ~ c. Whi~. Principal Planner cc: L. Martin Hodgkins, AICP, Zoning Director Petition File file:f:\user\bwhitefo\bentz.27 "An Equal Opportunity. Amrmativ~ Action Empllly~r. f) pniWNOIl-,.c:fNp.II".' 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5000 FAX: (407) 233-5165 ATTACHMENT 3