“This is In response to your request for a legal opinion regarding the emails from Suzanne Squire below.”
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Ms. Squire [emphasis added] states that she did not receive an “opt out” form to opt out of having her property included in the designation of the Northeast Lucerne Townsite Local Historic District.
The Northeast Lucerne Townsite Local Historic District was created in December, 2002 when the City Commission approved Ordinance Number 2002-38.
Prior to the adoption of this ordinance and in accordance with the Lake Worth Code of Ordinances, the city took the steps required to implement the Lake Worth Comprehensive Plan as mandated by F.S. Ch. 163
1. A survey and inventory of historic resources within the city was done. The nomination of the historic district was based upon the survey.
2. In July of 2002 a Courtesy Notice was sent to all property owners within the proposed district. This Notice advised property owners of their ability to oppose the creation of the district. The Notice stated that if a majority of the eligible property owners oppose creating the historic district, no action would be taken to create the district, at that time. There was no ability to “opt out”. If less than a majority opposed the designation, the process of designation was moving forward.
3. Public hearings were then held. The Historic Resources Preservation Board held a hearing on August 21, 2002, and finding that the area met the code criteria for designation, recommended that it be approved by the City Commission.
4. The City Commission had two readings of the Ordinance approving the Northeast Lucerne Townsite Local Historic District, the second being a public hearing with notice pursuant to Statute, on December 17, 2002. At the second hearing the Commission declared the Ordinance duly passed and enacted.
5. The Ordinance Designating the Northeast Lucerne Townsite Local Historic District was then recorded in the public records of Palm Beach County at OR Book 14675 Page 1418.
6. Appeal of actions taken by the City must be made within thirty (30) days of the action taken. Given that the ordinance creating the historic district occurred in December, 2002, the appeal period has long since expired
7. There is no provision in the Lake Worth Code of ordinances to “opt out” of a historic district.
GODDEAU & ANSAY, P.A.