May 11, 1990
Mr. Dino A. Ciccozzi, President
Cicoozzi Construction Company, Inc.
409 Rear East Broad Street
Tamaqua PA 18252
RE: Valley of Lakes
Dear Mr. Ciccozzi:
It is the published and recorded intention of C.B.G. Limited ('CBG')
to develop the Valley of Lakes and Eagle Rock Resort (the 'Valley')
as a first-class residential community. CBG desires to maintain
the natural beauty and environment of the Valley to assure high
standards of quality for its enjoyment by residents, their guests
and visitors. To achieve this important goal, to provide for the
preservation, enhancement and maintenance of the Valley, and to
enhance, promote and protect the health, welfare and enjoyment of
property owners, CBG has provided for certain Covenants and
Restrictions ("Covenants"), Rules and Regulations ) and a Building
Code ("Code"). CBG has also reserved ownership of all common areas
including roadways and certain woodlands and has established
restrictions for their preservation and protection.
Your entry onto the property of the Valley to conduct business is a
privilege, not a right. It is conditioned upon, and your status as
a tenant requires full compliance with the Covenants, Regulations
and the Code. Furthermore, your application for and issuance to you
of Building Permits makes you subject to these requirements.
However, during routine property inspections conducted by Thomas
Marnell on March 12 and 13, 1990, numerous conditions were observed
to have been caused and continued by you which are in violation of
these requirements. A summary of the conditions observed and the
Covenants, Regulations and code requirements which each violates is
attached as Exhibit "A".
You were notified of these violations verbally and in writing on
several occasions, and in formal notices by letter dated March 13,
and March 15, 1990. You were instructed, both verbally and in
writing to correct these deficiencies. Unfortunately, instead of
complying with these reasonable requests, you have chosen to permit
the conditions to continue unabated.
The violations are not, as you and your attorney have suggested,
insubstantial. Instead, they go to the very heart of philosophy of
the Valley. The conditions created by you have detracted
substantially from the appearance of the development, interfered
with the quiet enjoyment of the resort by residents, caused
actual or potential damage to other property owners and most
importantly, have endangered health and safety. Some of these
actions, including improper disposal of construction waste and
trespass onto other's property may even rise to the level of
criminal conduct. Moreover, complaints and other information
received from property owners, your customers, other contractors,
the Architectural Control Committee and professionals, disclose
questionable business practices which, because of your relationship
with CBG reflects adversely on the Valley and on CBG and related
companies. Your continued disregard for the rules developed for the
benefit of all, cannot be tolerated.
Please be advised that effective immediately, Ciccozzi Construction
Company, Inc. is being removed from the list of approved builders at
Valley of Lakes. As a consequence, except as otherwise noted, no
further permits for construction will be issued and you will be
denied permission to build at the Valley.
You are hereby notified that access to the Valley shall be limited
to the following purposes:
1. Correcting the violations and deficiencies.
2. Completing construction of all homes where a permit has already
been issued by C.B.G. to the owner or to you and work is under way.
3. Construction of the home for the Johnstons upon issuance of the
permit to them.
4. Access to the property you have rented.
5. Access to any properties you may own.
If the violations and/or deficiencies are not corrected or provision
made for correction or abatement within seven (7) days from the date
of this letter, then all access to the Valley will be denied except
for the purpose of correction or abatement, and except for access to
your owned or rented properties. However, all other rights and
privileges afforded to you as an owner or renter, including use of
amenities, will be revoked.
If the deficiencies are not corrected within seven (7) days of the
date of this letter, CBG may, at its option, take all remedial
action it deems necessary and charge all costs, expenses and
administrative add-on to your account,
The above actions are being taken without prejudice to any other
rights or remedies available at law or equity or in any other
appropriate tribunal. If you fail to comply with this notice, CBG
will take any and all action that it deems appropriate.
Compliance shall be to the satisfaction of C.B.G. Limited, acting
initially by and through its appointed representatives.
Your immediate action is requested.
Very truly yours,
/s/
Frank M. Cedrone
General Partner
FMC/va
cc: John Mattioni, Esquire
Marvin 0. Schwartz, Esquire
EXHIBIT "A"
CICCOZZI CONSTRUCTION CO.,.INC.
SUMMARY OF VIOLATIONS
The following is a summary of violations pertaining to Ciccozzi
Construction, Inc. ("Ciccozzi") as noted on routine inspections
conducted on March 12 and 13, 1990, and thereafter. For each
condition noted, applicable provisions of the Covenants and
Restrictions, Rules and Regulations, and Building Code relating
to Valley of Lakes Development which the condition violates is
also set forth. However, failure to list a provision is not
intended to nor should it be deemed to be a waiver of any other
provision violated.
1. Driveway ramp constructed by Ciccozzi for access to Lot 1-82
protrudes onto and partially blocks the roadway on Iroquois
Circle and blocks a drainage ditch. This condition is in
violation of at least, the following:
A. Covenants and Restrictions
Article V.1 (a), Which prohibits construction of anything
on a lot so as to create a hazard upon or block the vision
of motorists upon the Valley roads.
Article V.2 (c), which prohibits activities as determined
by CBG that are offensive, an annoyance or nuisance to CBG
other property owners, or the neighborhood.
Article V.2 (i), which prohibits nuisances which are
detrimental to other lots, their occupants of to the
Common Areas.
Article V.2 (j), which prohibits offensive uses, and
the committing of waste to any Common Areas.
B. Rules and Regulations
Article IV,E., prohibiting the destruction damage, injury
defacing or disturbance of common areas or of the property
of CBG, and requiring that property rights and interests of
CBG be respected by all persons.
Article XIII.A.2, which requires contractors to keep
drainage ditches and other means of run off control free
of debris and obstruction.
Article XIII.B.11, which prohibits activities determined
by CBG to be offensive, annoying or a nuisance.
Article XIII.C.5, which requires persons to cleanup and
remove any dirt, refuse, trash or other waste placed by
them on any part of the Valley, including the road system.
Article XIII.C.6, which requires contractors to cleanup
all dirt or debris generated by any work they perform in
the Valley.
Article XV.2, permitting CBG to discipline, evict or
take other action against any person for conduct which
CBG determines may endanger health, welfare or property
of others.
C. Building Code
Work Site Organization
Paragraph 2, requiring contractors to maintain an orderly
construction site.
Paragraph 3, requiring that construction materials should
Paragraph 7, prohibiting any culvert or drainage ditch
from being temporarily or permanently stopped.
Paragraph 11, requiring contractors to immediately
remove mud from all black top roads.
2. Excess rock including huge boulders and other excavated
materials from Lot I-82 have been dumped by Ciccozzi on Lots I-27
and I-28. Rock and excavated material have also been dumped at
corner of Lots J-32 and J-33 covering and damaging property stakes
and water curb boxes. These conditions are in violation of at
least the following:
A. Covenants and Restrictions
Article V.2.(c) (1) and (i), prohibiting activities which
are offensive, annoying or a nuisance, and the committing of
waste to any Common Areas.
Article V.3. (a) requiring that lots be kept clean and
free of debris.
B. Rules and Regulations
Article IV.E., prohibiting the destruction, damage,
injury, defacing or disturbance of property of CBG or of
other property owners, and requiring that the property
rights and interests of CBG and all other owners be
respected.
Article XIII.B.1, requiring that lots and property
be kept free and clear of debris.
Article XIII.B.11, prohibiting activities determined
by CBG to be offensive, annoying or a nuisance.
Article XIII.C.3, prohibiting the dumping of refuse
or solid waste in any area of the Valley.
Article XIII.C.5, requiring persons to clean up and
remove any dirt, refuse, trash or other waste placed
by them on any part of the Valley,
Article XIII.C.6, requiring contractors to cleanup
all dirt or debris generated by any work performed in the Valley.
Article XV.2, permitting CBG to discipline, evict or
take other action against any person for conduct which
CBG determines may endanger health, welfare or
property of others.
C. Building Code
Work Site Organization
Paragraph 2, requiring contractors to maintain an
orderly construction site.
Paragraph 3, prohibiting superfluous construction
material from being left for an unreasonable period
of time.
Paragraph 4, requiring that all construction
materials be neatly piled within the boundaries
of the construction site.
Paragraph 5, prohibiting spoil from protruding onto
any neighboring lot.
Paragraph 6,prohibiting spoil from running on
neighboring lots.
General
Prohibiting excess backfills to remain during con-
structure, and requiring its removal at time of
excavation.
3. Excess building material and construction debris and waste
is being stored on the property of a completed home (Lot B-1)
which is leased by Ciccozzi from Richard Templin for use as a
model. Piles of building material encroach upon the adjacent
roadway, and the "green belt" to the rear of the lot and
butting Choctaw Drive. This is in violation of at least the
following:
A. Covenants and Restrictions
Article V.l.(a), prohibiting placement on a lot of
anything which creates a hazard upon or blocks the
vision of motorists upon roads of the Valley.
Article V.l.(e), prohibiting obstructions to
visibility at street intersections.
Article V. 1. (h), requiring that all materials,
supplies and equipment stored outside must be con-
cealed from view from roads and adjacent properties.
Article V.2 (a) and (d), restricting lots to
residential use and requiring prior written approval
from CBG for the use of a lot for a commercial,
business, trade or other non-residential use.
Although use of a home as a model is permissible,
storage of building materials and debris after
construction is beyond the scope of that limited
exception.
Article V.2 (c). (i) and (j), prohibiting
nuisances, and offensive and annoying activities
and the committing of waste to any Common Area.
Article V.3 (a) and VIII.7 (a), requiring that
lots be kept clean and free from debris.
B. Rules and Regulations
Article III.H.7, requiring renters to obey the
Rules and Regulations of Valley of Lakes.
Article IV.E, prohibiting the disturbance of
common areas or of property of CBG, and requiring
all persons to respect the property rights and
interests of CBG and other owners.
Article XIII.B.1, requiring lots to be kept free
of rubbish, junk, refuse, debris and similar materials.
Article XIII.B.7, requiring that grounds be main-
tained in a good and clean condition and in a
reasonable safe manner.
Article B.11, prohibiting nuisances, and offensive
and annoying activities.
Article XIII.C.3, prohibiting dumping solid waste
in any area of the Valley.
Article XIII.C.5, requiring that dirt, debris,
refuse, trash and other waste be cleaned up and
removed by person depositing same.
Article XIII.C.6, requiring contractors to cleanup
all dirt, debris and trash generated by work performed
in the Valley.
Building Code
Model Home, prohibiting model homes from appearing
as supply depots.
Work Site Organization
Paragraph 2, requiring Builders to maintain an
orderly model site.
Paragraph 4, requiring that all construction
material be piled up neatly within the boundary of the
construction site and covered whenever possible.
Paragraph 3, prohibiting superfluous construction
material from being left on a site longer than is
reasonable necessary as determined by CBG.
Paragraph 5., prohibiting construction materials from
protruding onto neighboring lots, right-of-ways, or
access roads,
4. Excavation of Lot I-82 has resulted in unsupported and
unrestrained vertical wall of the mountain exposed to the
elements with no means of erosion control. The danger of a rock
or land slide or other uncontrolled erosion is highly possible,
especially in the event of inclement weather, posing a serious
threat to life and property. No fencing is provided to prevent
persons from falling into the excavation. This condition is in
violation of a least the following:
A. Covenants and Restrictions
Article V.2 (c), which prohibits activities as
determined by CBG that are offensive, and annoyance
or nuisance.
Article V.2 (i), which prohibits nuisances which are
detrimental to other lots or their occupants.
B. Rules and Regulations
Article XIII.A.2 requiring contractors to take all
necessary steps to assure that adequate provision is
made to control erosion and soil runoff, and to per-
form all soil work in conformity to a reasonable plan
for limiting soil erosion and control of
sedimentation.
Article XIII.B.11, prohibiting activities which are
offensive, an annoyance or a nuisance.
Article XV.2, permitting CBG to discipline, evict
or take other action against any person for conduct
which CBG determines may endanger the health, welfare
or property of others.
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