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In Illegal Gate Dispute, Palm Beach Code Board Extends Time to Obtain Permit by 60 Days

Fort Lauderdale Business Disputes

The owners of the home at 1071 N. Ocean Boulevard have been granted an extension of 60 days to secure a permit for a 5-foot beach entry gate that was unlawfully built in 2020. The Palm Beach Code Enforcement Board claims that a permit was never obtained for the gate and are requiring that one be secured now. 

According to public records, the police department first approached the owner about the beach gate on Aug. 4, 2020 and ordered them to secure all required paperwork and permits by Aug. 18, which they failed to do.

On April 15th, the Palm Beach Code Enforcement Board decided to allow the builder of the gate, Reiwa LLC, more time to have the signatures notarized of all neighboring Orange Grove Road property owners who previously consented to the gate being constructed. 

However, according to Zoning Manager Paul Castro, the problem is more than just notarizing the signatures. According to him, a restriction in the agreement of two property titles from 1941 would need to be changed in order for the beach access gate to be permitted in the walkway. To do that, the wording of the agreement must be revised, as it currently states there should be no obstacle in the way of the 3-foot walkway.

Another legal contract to amend the restrictive covenant must be signed, and it must be registered in Palm Beach County public records to grant a permit before that. 

Maura Ziska, a real estate attorney who represents Reiwa LLC, disagreed with Castro’s assessment of the legal matter.

Ziska suggests her client established compliance by obtaining the permission of Orange Grove Road property owners prior to building the gate. She argues that this  is sufficient for the town to grant a permit. 

Despite this, the board unilaterally voted that if all permit conditions fail to be met by June 14, 2021, Reiwa LLC would be fined for the gate, retroactive to February when it was originally constructed. This decision could impact potential future cases in Palm Beach for properties with beach access.

Are You Involved In a Real Estate Dispute? 

Michael L. Feinstein, P.A. is well versed in legal cases involving property ownership and local, state, or federal governments. We will guide you through the legal process and  support you through the resolution of contract conflicts and other real estate disputes. 

Call now for your initial consultation to discuss your case at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | May 4, 2021 | Contract Disputes