File 016595
Email Chain: Code Enforcement Case for Trump Property Hedge Violation (File 016595)
Email correspondence between Palm Beach Code Enforcement and Architectural Commission regarding a property maintenance violation at Trump Properties, LLC on North County Road involving a hedge that failed to meet architectural approval conditions.
Summary
Kirk Blouin informs John Page that code enforcement proceedings will resume on a Trump Properties violation case involving a non-compliant hedge at 515 N. County Road. The case stems from a 1990 binding architectural agreement requiring maintenance of a specific hedge height (22 feet) that was violated when Trump Properties removed and replaced the hedge. ARCOM approved a replacement plan using silver buttonwood, but the Architectural Commission demanded trees be planted immediately despite attorney Ray Royce's request for a hurricane season delay. The correspondence discusses coordination between Code Enforcement and ARCOM for a July 23rd status report.
From:To:Cc:Subject:Date:Kirk BlouinJohn PagePolice Code EnforcementRe: ARCOMThursday, June 26, 2008 2:09:06 PMJP,Here is a copy of the minutes from the April CEB hearing. Each month thereafter the case was postponedbecause we were aware that it was being brought to ARCOM. Now that this matter has been resolvedwith ARCOM we will proceed with a code enforcement case until the property is in compliance (meaningthey plant the shrubbery and hedges approved by the Town).Sgt. Krauel or Rob Walton will be available on July 23rd as I will be attending a conference.H. Case # 08-2484, 515 N. County Road, Trump Properties, LLCViolation of Chapter 18, Section 18-205 of the Town of Palm Beach Code ofOrdinances, the Architectural Commission may attach conditions to any approval it grants(Declaration of Use Agreement).Lead Code Enforcement Walton presented the facts of the case and said the previousowner of the property, Abe Gosman, had been granted approval by the ArchitecturalCommission to do some remodeling. One of the conditions of this approval was that thehedge along the front of the property be maintained in the condition it was in at the time theapproval was granted. This agreement was a binding agreement, which passes on to anysubsequent property owner. The agreement was made January 31, 1990. The subsequentbuyer of this property was Mr. Trump, Trump Properties, LLC and some remodeling workwas done, removing the previous hedge. A new hedge was planted to replace the originalhedge and that one has now been removed. This is a violation of the agreement. A letter wasreceived from Mr. Royce, representing Mr. Trump, asking for a postponement of today’shearing. The Town does not feel this matter should be postponed.Mr. Randolph summarized the letter from Mr. Royce which indicated the ficushedge keeps dying and they want to replace it with something different. They plan on hiring alandscape architect to go before the next Architectural Commission meeting to get approval toinstall a hedge in an attempt to meet the conditions of the declaration of use agreement. Mr.Randolph said he had discussions with Mr. Royce and Mr. Walton and Mr. Royce was told theTown could not recommend a postponement and the recommendation would be that they arefound in violation, assessed the $150.00 in administrative costs and be given until June 18th,which is the day before the June Code Enforcement Board meeting, to comply. This wouldgive them the opportunity to appear before the Architectural Commission to see if they can getapproval to re-plant a hedge. The hedge has to be installed to the height which existed at thetime of the agreement which Mr. Randolph said he believed was twenty-two (22) feet. Mr.Randolph said Mr. Royce was not present today because he had a planned vacation.MOTION BY MR. FRIED TO FIND THE VIOLATOR IN NON-COMPLIANCE, ASSESS ADMINISTRATIVE COSTS OF $150.00 AND GIVE THEMUNTIL JUNE 18, 2008 TO COMPLY.SECONDED BY MS. VAN BURENMOTION PASSED UNANIMOUSLYFrom: John Page/PalmBeachTo: Kirk Blouin/PalmBeach@PalmBeachCc: Tim Frank/PalmBeach@PalmBeachDate: 06/26/2008 09:00 AMSubject: ARCOMKirk: We had our June monthly ARCOM meeting yesterday. You likely know that ARCOM is workingwith Mr. Trump to re-install a hedge on his North County Road property. I believe this case is nowpending in front of Code Enforcement. In May, ARCOM approved a plan to replace the former hedgewith silver buttonwood shrubbery, which would additionally be back-planted with silver buttonwoodtrees....the overall effect would be an eventual 20' high screen. The shrubs have been planted, butyesterday attorney Ray Royce asked for postponing the trees until the end of the Hurricane season.ARCOM said NO and directed the attorney and landscaper to get the trees in ASAP. Also, moreshrubbery was required at the main entry (north side) to match the newly installed hedge on the southside.As the meeting was ending, the Commissioners asked for one of two things. They asked that either 1) aquick written report from Code Enforcement be made available to them at their next meeting on July 23(9:00 a.m.) about the enforcement status of the case, or 2) that someone from Code Enforcement attendtheir meeting to provide a verbal status report. Their patience is wearing thin with the whole hedge issue,and it has them naturally curious about what is happening with their counterparts on Code Enforcement.Would you or the appropriate representative from Code Enforcement be available on July 23? Thatwould be my preference because follow-up questions almost always pop up. If not, can you provide mewith a brief summary of your enforcement history and pending status? Thanks, JP