In the private community of Royal Harbor -Paradise Point, around SW 152nd Street and east of Ludlam (67th Avenue), in the Village of Palmetto Bay, there have been some residents complaining to village officials about possible code violations and enforcement of covenants running with the land.
Village officials have been reluctant to take any actions, but instead blame Miami-Dade County for the issues and seem unwilling to resolve any of the grievances.
Here are two of the issues:
The residents have a private marina in back of their property, in violation of their Riparian Rights, (Florida Statues 253.141). There is a “dock” attached to their seawall and according to a recorded covenant running with the land: “The use of the dock will be limited for the use of the residents of the adjacent upland portions of the property.”
The “covenant” granted Dade County Building and Zoning Department (and now the Village of Palmetto Bay) the right for “any official inspector of Dade County Building and Zoning Department or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the dock to determine whether the conditions herein agreed to are being complied with.”
They have a private road fronting their property, encroaching five feet of the whole front of it. They complained months before the road was repaved and provided village officials and the village attorney with a copy of a site survey showing the encroachment. In response the village attorney told some of the residents that the village was not going to get involved (although the village collected a fee).
How can they not be involved if they are to inspect and make sure that the work is properly done and according to the plan even if it was not done correctly originally, this was the proper time to correct the encroachment?
It is very disconcerting the fact that these residents pay an exorbitant amount of property taxes and when they request service or protection from the village officials, the answer was: “we are not going to get involved…but pay the property taxes!”
If you, the residents, are having challenges with your village government, call me at 305-669-7049.