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From: Kirk Blouin
To: John Page
Cc: Police Code Enforcement
Subject: Re: ARCOM
Date: Thursday, June 26, 2008 2:09:06 PM

JP,

Here is a copy of the minutes from the April CEB hearing. Each month thereafter the case was postponed because we were aware that it was being brought to ARCOM. Now that this matter has been resolved with ARCOM we will proceed with a code enforcement case until the property is in compliance (meaning they 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, LLC

Violation of Chapter 18, Section 18-205 of the Town of Palm Beach Code of Ordinances, 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 previous owner of the property, Abe Gosman, had been granted approval by the Architectural Commission to do some remodeling. One of the conditions of this approval was that the hedge along the front of the property be maintained in the condition it was in at the time the approval was granted. This agreement was a binding agreement, which passes on to any subsequent property owner. The agreement was made January 31, 1990. The subsequent buyer of this property was Mr. Trump, Trump Properties, LLC and some remodeling work was done, removing the previous hedge. A new hedge was planted to replace the original hedge and that one has now been removed. This is a violation of the agreement. A letter was received from Mr. Royce, representing Mr. Trump, asking for a postponement of today’s hearing. The Town does not feel this matter should be postponed.

Mr. Randolph summarized the letter from Mr. Royce which indicated the ficus hedge keeps dying and they want to replace it with something different. They plan on hiring a landscape architect to go before the next Architectural Commission meeting to get approval to install 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 the Town could not recommend a postponement and the recommendation would be that they are found 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 would give them the opportunity to appear before the Architectural Commission to see if they can get approval to re-plant a hedge. The hedge has to be installed to the height which existed at the time 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 THEM UNTIL JUNE 18, 2008 TO COMPLY.

SECONDED BY MS. VAN BUREN

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