Loading...
2021.07.27_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD MEETING MINUTES Town Hall/ Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida 1.CALL TO ORDER Date: July 27, 2021 Time: 2:00 P.M. Chairperson Burnich called the meeting to order at 2:00 P.M. 2.PRESENT UPON ROLL CALL Member Bryan Perliman Member Michael Cherbini (virtually) Member Jane Perlow Member Myles Schlam Chairperson Thomas "Tim" Burnich Town Attorney Leonard Rubin (virtually) Deputy Town Clerk Beverly Wright ADDITIONAL STAFF PRESENT Code Enforcement Officer Jason Manko ABSENT FROM MEETING Member Joel Leinson 3.PLEDGE OF ALLEGIANCE The Code Enforcement Board members led the Pledge of Allegiance. 4.APPROVAL OF THE AGENDA Chairperson Burnich asked the Board members if there were any additions or deletions to the agenda. Hearing none, he called for a motion to approve the agenda as presented, which resulted as follows: MOTION: Schlam/Perliman -Moved to accept Agenda item 4, as presented. The motion passed on a 5 to O vote 5.SWEARING IN OF THE PUBLIC Deputy Town Clerk Wright swore in those giving testimony. 6.PUBLIC COMMENT (limited to three (3) minutes per speaker) There were no public comments for this item. 1 Code Enforcement Board Meeting Minutes July 27, 2021 7.APPROVAL OF MINUTES A.June 08, 2021 Minutes Page 2 of 9 Chairperson Burnich asked if there were any corrections to the June 08, 2021 Regular Meeting Minutes. Hearing none, he called for a motion to approve the minutes as presented, which resulted as follows: MOTION: Perliman/Schlam -Moved to approve the Minutes of the June 08, 2021 meeting. The motion passed on a 5 to O vote 8.UNFINISHED BUSINESS A.Update on Property Address: 4511 S. Ocean Blvd. #506 -Code Enforcement Officer Manko Code Enforcement Officer Jason Manko gave an updated that a case has been reopened under the correct property owner's name. To date, the property owner has not come into compliance with the violation. As a result of this, the case is scheduled to be heard at the next Code Enforcement Board meeting slated for August 31, 2021 at 2:00 P.M. 9.NEW BUSINESS A.Case No. CC2021-02-003 Larry & Karen Pearson 4740 S Ocean Blvd., #1705 Legal: Braemar Isle Cond Unit PCN: 24-43-4 7-09-08-000-1705 Code Section: 30-122(8) -Expiration of Building Permit Violation: Expired permit -A/C Installation Chairperson Burnich read item 9A into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko provided testimony that the property owner had applied for a permit and have completed the final inspections. Currently, the case is in compliance and is closed. There is no further action to be taken on the case. Code Enforcement Board Meeting Minutes July 27, 2021 B.Case No. CC2021-04-008 James Radigan 3224 S. Ocean Blvd., #915-8 Legal: Seagate of Highland Cond PCN: 24-43-46-33-08-003-9150 Code Section: 30-122(A) -Building Permits Required Violation: Observed replacement of exterior door without permit. Page 3 of 9 Chairperson Burnich read item 98 into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violation. Code Enforcement Officer Manko provided a brief timeline on the facts of the case, entering submittals of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. The violation on the property remains. As a result of this, the town recommends that the respondent( s) be found in violation of the town code as alleged in the Notice of Violation and that they be ordered to comply within 30 days or be fined $250.00 per day, for each day the violation remains after date set for compliance and assess prosecution in the amounts of $250.00 payable by the date set for compliance. Chairperson Burnich asked the Board members if they have any questions of staff? Questions from the Board members about the dates of notice on the violation was clarified by Code Enforcement Officer Manko. Chairperson Burnich asked the offender to give testimony, to provide a name and to give affiliation to the violation? Monica Albano, sister to Nancy Albano, the renter of Mr. James Radigan's unit was present at the meeting and gave testimony on behalf of her sister. She requested an extension until the authorities have had the opportunity to evaluate the substances that were submitted. Chairperson Burnich asked town staff if they have any questions of the offender? There was discussion between Chairperson Burnich and Ms. Albano about Ms. Nancy Albano, Mr. Radigan, and the local Manager Angelo who oversees the unit. It was reported by Ms. Monica Albano that all parties are quite ill, which is why she is "taking the brunt of the nursing home circumstances" and asking for an appeal for an extension. Chairperson Burnich asked town staff if there were any other questions of the offender? Hearing none, he asked the offender if there were any other rebuttal testimony or Code Enforcement Board Meeting Minutes July 27, 2021 Page 4 of 9 questions of the staff? He also asked the Board members if there were any questions of staff or the offender? Hearing none, he closed the violation hearing. MOTION: Perlow/Schlam -Moved that the respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 30 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. C.Case No. CC2021-05-003 Ronald Garner 3210 S Ocean Blvd, #405 Legal: Villa Costa Cond Unit 405 PCN: 24-43-46-33-39-000-4050 Code Section: 30-122(A) -Building Permits Required Violation: Observed work without a permit; bathroom remodel, bedroom wall and smoke detector removal. Chairperson Burnich read item 9C into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko provided a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. The violation on the property remains. As a result of this, the town recommends that the respondent(s) be found in violation of the town code as alleged in the Notice of Violation and that they be ordered to comply within 30 days or be fined $250.00 per day, for each day the violation remains after date set for compliance and assess prosecution in the amounts of $250.00 payable by the date set for compliance. Chairperson Burnich asked the Board members if they have any questions of staff? Additional questions and clarification were provided about dates on violation notices and a remark made about "unfit for human habitation." A conversation among the Board members and Code Enforcement Officer Manko began about a bathroom remodel, a wall that was not erected, having no floor plan of the building and about the removal of smoke detectors, things that anyone would know needs a permit. Chairperson Burnich asked the Board members if they have any questions? He asked the offender to give testimony, to provide a name and give affiliation to the violation? Code Enforcement Board Meeting Minutes July 27, 2021 Page 5 of 9 Mr. Ron Garner the owner of 3210 Ocean Blvd., Unit #405 was present at the meeting and gave testimony. The Board members and Mr. Garner discussed the need for the permit prior to gutting his bathroom; the need of hiring a general contractor, and about his in-laws who had once lived above Unit #405 not being aware that he needed a permit. Chairperson Burnich ask town staff if there were any questions of Mr. Garner? Deputy Town Clerk Wright swore in Town of Highland Beach Building Official Jeffrey Remas. Building Official Jeffrey Remas provided testimony, cited code violations and gave recommendations. Chairperson Burnich asked the Board members if they have any questions? There was discussion with the Board members and Building Official Remas about how to move forward, about recommendations, and about the review of the new plans that were submitted. It was stated that the work was done specifically without a permit and it is time to levy fines. When a permit is obtained, is when they (offender(s) will move forward. Chairperson Burnich asked Mr. Gardner if his wish to offer any rebuttal testimony or ask questions of town staff? Mr. Gardner provided rebuttal testimony. Conversation with the Board members and Mr. Gardner began about the work he had completed having to be torn out and started again, about applying for a plumbing permit, about needing a general contractor, about a conversation Mr. Gardner said he had with the building manager regarding replacing title, the vanities, and about not moving drains and water lines. It was mentioned that the town's web page was pretty explicit about what kind of permits are needed for major projects and that the Building Official's testimony was helpful about the poor-quality of work completed and about fines. Chairperson Burnich asked the board members if there were any questions of staff or of the offender? Hearing none, he closed the violation hearing and ask the Board members to submit a motion. Motion: Schlam/Perliman -Moved that the respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 60 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. The motion passed on a 5 to O vote Code Enforcement Board Meeting Minutes July 27, 2021 Page 6 of 9 Amended Motion: Perlow/Perliman -Moved to amend the motion to comply within 30 days of submission and approval of permit, thereafter fines will begin. The motion passed on a 5 to 0 vote D.Case No. CC2021-05-006 Carl Benda 4203 Tranquility Drive Legal: Bel Lido Lt, 12 Blk 5 PCN: 24-43-47-04-02-005-0120 Code Section: 30-122(A) -Building Permits Required Violation: Observed pool paver demolition without permit. Chairperson Burnich read item 9D into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko provided a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. The violation on the property remains. As a result of this, the town recommends that the respondent(s) be found in violation of the town code as alleged in the Notice of Violation and that they be ordered to comply within 30 days or be fined $250.00 per day, for each day the violation remains after the date set for compliance and assess prosecution in the amounts of $250.00 payable by the date set for compliance. Chairperson Burnich asked the Board members if they have any questions of staff? The Board members inquired about and discussed the pool pavements. The offender was not present at the meeting to provide testimony. Chairperson Burnich closed the violation hearing and asked the Board members to submit a motion on the matter. Motion: Perlow/Schlam -Moved that the respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 30 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. The motion passed on a 5 to 0 vote Code Enforcement Board Meeting Minutes July 27, 2021 E.Case No. CC2021-05-018 Seagate of Highland Condo 3224 S Ocean Blvd. Legal: Seagate of Highland Condos Rec Area PCN: 24-43-46-33-08-001-0010 Code Section: 30-122(A) -Building Permits Required Page 7 of 9 Violation: Observed concrete restoration work performed on parking lot roof supports without permit. This is a repeat violation (case no. 2020-26) that goes directly to hearing regardless of if brought into compliance. Chairperson Burnich read item 9E into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. The violation on the property remains. As a result of this, the town is recommending respondent(s) be found in repeat violation of the Town Code as alleged in the Notice of Violation and that they be fined $250.00 per day starting from May 27, 2021 to the date of compliance and assess prosecution cost in the amount of $250.00 be payable within 10 days. Chairperson Burnich asked the Board members if they have any questions of staff? The Board Members and Code Enforcement Officer Manko discussed that there was no comply by date because the case is a repeat violation; the case is a different case. The previous case was a violation of ordinance, working without a permit. This case is of the same ordinance, which makes it a repeat violation. It was mentioned that it is a very dangerous situation; it could collapse; there are cars under there (carport). Chairperson Burnich asked the Board members if they have any other questions of staff? Hearing none, he asked the offender to give testimony, to provide a name and to give affiliation to the violation? Mr. Felix Martinez the General Manager for Seagate of Highland provided testimony. He requested a decrease for the recommended fines. Conversation was had with the Board members, Mr. Martinez and Building Official Remas about the violations and the code of ordinances. Code Enforcement Board Meeting Minutes July 27, 2021 Page 8 of 9 Chairperson Burnich asked Building Official Remas if he had any questions of the offender? Building Official Remas provided additional testimony. Motion: Sch lam/Perlow -Moved that the respondents be found in repeat violation of the Town Code as alleged in the Notice of Violation and that they be fined $500.00 per day starting 15 days from the meeting and compliance and assess prosecution cost in the amount of $250.00 be payable within 10 days The motion passed on a 5 to O vote Member Perlow and Code Enforcement Officer Manko had a conversation about permits and extensions. F.Case No. CC2021-06-019 Joshua Davison 1015 Russell Dr. #0 Legal: Shamrock I Cond Unit D PCN: 24-43-47-04-22-001-0040 Code Section: 13-1 Unlawful accumulations -Declared nuisance PMC 14-35(A) PMC -Rubbish and Garbage 24-3(8) Storage and collection -Time Violation: Observed construction debris left out in the right of way Chairperson Burnich read item 9F into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. As a result of this, the town recommends that the respondent(s) be found in violation of the town code as alleged in the notice of violation, but is now in compliance and that a do not repeat order is issued. This would be a finding of fact. The town recommends an assessment of prosecution cost of $250.00 within 10 days. The offender was not present at the meeting to provide testimony. Motion: Schlam/Perlow -Moved that the respondent be found in violation of the Town Code as alleged in the Notice of Violation, but is now in compliance and that a do not repeat order be issued. Offender to pay prosecution cost of $250.00 within 10 days. The motion passed on a 5 to O vote Code Enforcement Board Meeting Minutes July 27, 2021 10.ANNOUNCEMENTS August 03, 2021 -01 :30 P.M. Town Commission Meeting August 04, 2021 -01 :30 P.M. Town Commission Special Meeting Page 9 of 9 August 05, 2021 -09:00 A.M. Coffee with the Mayor at Highland Beach Library August 11, 2021 -01 :00 P.M. Natural Resources Preservation Advisory Board Special/Organizational Meeting August 12, 2021 -09:30 P.M. Planning Board Meeting 11.ADJOURNMENT There being no further business to come before the Board, Chairperson Burnich adjourned the meeting at 3:24 P.M. APPROVED at August 31, 2021 Code Enforcement Regular Meeting ATTEST: "''' ND'',� . , •••••••• <9 ,, i\' OR�!;"•./' ti �---49 °\� t \9 · : l : l·.. · ,. • . 11 Transcribed by: Beverly Wright Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of the meeting. Verbatim audio/video of this meeting can be found on the town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.