CORRESPONDENCE
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ATTORNEYS AT LAW
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Alfred J, Malefatto
407-650-7908
June 6, 1996
HAND DELIVERY
Ken S. Rogers, P.E.
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Palm Beach County Engineering Department
160 Australian Avenue
West Palm Beach FL 33406
Re: Manor Forest PUD
Dear Ken:
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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
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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 .
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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
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ORDINANCE NO. 93-2
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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
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I which are in the cornmon interest of the people of the county, and
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.1 ... WHEREAS, certain substant.Lve and procedural changes are
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I appropriate in order to provide for the health, safety, and welfare
of the citizens of Palm Beach County and to more effectively
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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:
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Exhibit "D"
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This Chapter shall be known and may be cited as the Palm Bea
Section 23-1. Sh~rt title.
county Lot Clearing Ordina~e.
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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
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(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
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provisions of this ordinance.
Section 23-3.
Definitions.
-~The following definitions shall apply in the interpretation an
enforcement of this chapter:
(1 )
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Adjacent property shall mean the lot or lots immediate 1
adjacent or contiguous to a lot that is subject to revie
under this ordinance.
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(2)
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Department shall mean the Palm Beach County Department 0
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Planning, Zoning and Building.
Developed shall
mean
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containing building,: structures
(3)
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eXCluding
paving,
improvements;
or other
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underground utilities, pipes, wires, cables, culverts
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conduits, or other similar improvements or facilities; 0
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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.
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(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.
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(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,
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c,,!9th, g l<;ls,s, _ .rubber , plastic; discarded automobiles
tires and automobile fixtures; household good~ an
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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.
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I Section 2~-4. Nuisance declared.
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i It is hereby declared and determined by the Board of Count-
I Commissioners of Palm Beach County,
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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)
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( 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
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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.
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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.
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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
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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
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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;
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(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,
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31
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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
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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
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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
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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.
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: 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
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kind of property,
circumstances or set
ot circumstances,
suc'
holding shall not affect the applicability thereof to any person
property or circumstances.
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:1 become effective upon receipt from the Florida secretary, of S
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" SECTION 4.
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............
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:
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I Acknowledged by the Department of State of the state at 'Florida,
II this the ~ day of February , 19-21-.
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il Effective Date:
!\ this 8th
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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
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Received from the Department of State and filed
day of
February
, 19~
at 11:31 a.m.
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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 .:
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, . 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.
~..
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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'
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COlIlPosite Exhibit "A."
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Exhibit "e"
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~
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
:!
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1
Exhib it "D"
1
2
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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
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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.
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of waste or refuse upon ~heir lots;
(6) promote traffic safety by requiring clearance
vegetation and other obstructions at street intersecti
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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
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.1
2
" '
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- ----"-_.._-"~-----
1
2
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29
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(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
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!
.
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
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!
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
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underground utilities, pipes, wires, cables, culvert
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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.
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(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
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2
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1)
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(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-.~
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5
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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 )
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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
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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.
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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:
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(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
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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
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(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
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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
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developed. The evidence required must be documented
the Palm Beach County Sherif!' s Department ot' ot
appropriate Law Enforcement Agency.
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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
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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
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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
,
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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
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(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;
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(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
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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
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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,
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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
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shal~ be deemed a wai-ver--of the"lot owner' s rights to appeal
administrative action,
The Palm Beach county Environmental Cor
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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
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and Building accounts at Palm Beach County;
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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'
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: i SECTION J.
il paragraph, sentence, clause, phrase or word of this Ordinanc~
I for any reason held or declared to be unconstitutional, inoperati
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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
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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.
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i ! SECTION 4.
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EFFECTIVE DATE. The provisions of this Ordinance
I:
:1 become effective upon receipt from the Florida secretar~ of
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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.
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'\ Effective Date:
I!\
this 8th
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Received from the Department ot State and filed
day of
February
I 19~
at 11:31 a,m.
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ST."::':;. OF= ~:J);;~D,~, .cOt~t!fY ::'r: ?t~.~~ ~ ~=.:
l. O~~So._.~.r':' tL "'.4.~".~.~E~... :.::(.,c.~!J:::; ~~;)~,,~:I
8:)~:c r.~ ,.~':,l,,''':'~ :1117lr:?,"'~~ ~:'~~::;.~ ~.~~~-..:"~
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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
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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.
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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
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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
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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..-\,
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:;(,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-~
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OCT - 9 1996 f!)1
'MM~bNg AN~
Transmittal Cover Sheet
Mr. S.Lawrence Kahn, III
,.. 305-577-8650
30S~577.8S50
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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
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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
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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
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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
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:~c9-;S9- t9S :.~____.
9I~n~~1 '~d33~33~S
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.,.
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,"' ..,.,,_
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FL.ORIDA. , ' '
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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
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?C'd 910'ON ps:~t 96.80 1)0
ZcZ9-SS9-t9S:Qr
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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
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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
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Alfred J, Malefatto
407-650-7908
September 10, 1996
rn rn~rnow[
SEP , 9 IE ,
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\
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
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.' MANOR FOREST ":.' ,....~ .~. '\ LAND~
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~RED FOR VANGIJARD R, : . ~,.\' ,:. DESIGN
~E\.C)PMENT CQRPOR::II!!A.< . SOUTH
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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'
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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
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Alfred J, Malefatto
407-650-7908
September 10, 1996
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PLANH'Y t, NO
ZONlt~G r..tPT.
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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
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....,
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
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PLAMNING ZONING & BUILDING
AP~CATIDN REVIEW I-IISTOln
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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
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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.
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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)
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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