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2022.08.09_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: August 09, 2022 3614 South Ocean Boulevard Time: 1:00 PM Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Schlam called the meeting to order at 1:00 P.M. 2. ROLL CALL Board Member David Axelrod Board Member James Murray Board Member Bryan Perilman Board Member Michael Cherbini (virtually) Chairperson Myles Schlam Vice Chairperson Jane Perlow Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins ADDITIONAL STAFF PRESENT Code Compliance Officer Adam Osowsky ABSENT Board Member Robert Lasorsa 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board led the Pledge of Allegiance of the United States of America. 4. APPROVAL OF THE AGENDA MOTION: Perilman/Axelrod - Moved to approve the agenda. The motion passed unanimously on a 6 to 0 vote. 5. SWEARING IN OF THE PUBLIC Town Clerk Gaskins swore in those giving testimony. Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 2 of 8 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. July 12, 2022 MOTION: Perlow/Murray - Moved for the approval of the minutes. The motion passed unanimously on a 6 to 0 vote. 8. UNFINISHED BUSINESS Code Compliance Officer Adam Osowsky introduced himself. A. Case No. CC2022-03-014 LG Associates LLC (Lea Gabbay) 4511 S Ocean Blvd 503 PCN: 24-43-47-04-10-001-0503 Legal Description: 45 OCEAN CONDO BLDG 1 APT 503 Code Section: 30-122 (A) Building Permits Required Violation: Observed washer/dryer box installation without permit (no required trap) Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and that they are fined $ 250.00 per day for each day. Town Clerk Gaskins swore in Building Official Jeff Remas who then provided comments about this case. Chairperson Schlam closed the public hearing and called for a motion. Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 3 of 8 MOTION: Perilman/Perlow - Moved that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to obtain a permit within 20 days of this date or be fined $250.00 per day for each day the violations remain after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call: Member Perilman (Yes), Vice Chairperson Perlow (Yes), Member Axelrod (Yes), Member Murray (Yes), Chairperson Schlam (Yes), and Member Cherbini (Yes), which passed on a 6 to 0 vote. B. CASE NO. CC2022-04-016 James L. Day 4430 Tranquility Dr. P C N: 24-43-47-04-02-003-0150 Legal Description: BEL LIDO LT 15 BILK 3 Code Sections: 17-3 NUISANCES Nuisance; 34-6(A)(2) Swimming pool, spa, and hot tub screening; IPMC 303.1 Swimming pools; and IPMC 303.2 Swimming pool enclosures Violations: Complied 5/10/2022 observed pool pump system in disrepair creating noise nuisance; Observed pool mechanical equipment with no required screening fence; and Observed broken pool enclosure gate latch. Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be fined $ 250.00 per day for each day. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Perlow/Murray - 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. This motion may include the assessment of prosecution cost in the amount of $250.00 because the Town provided that the violation did exist and Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 4 of 8 payable within 30 days. Based Perlow (Yes), Members Murray (Yes), Member Cherbini (Yes), which passed on a 6 to 0 vote. C. CASE NO. CC2022-05-004 Timothy Fischer 1123 Highland Beach Dr. 1 P C N : 24-4 3-47-04-02-002-0221 upon roll call: Vice Chairperson (Yes), Axelrod (Yes), Perilman and Chairperson Schlam (Yes), Legal Description: BEL LIDO TH PT OF LT 22 K/A UNITS 1 & 2 BLK 2 Code Sections: 30-122 (A) Building Permits Required. Violations: AC changeout (split to mini -split) without permit. Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be fined $ 250.00 per day for each day. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Perilman/Axelrod - 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 two weeks from this date and obtain a permit 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. Based upon roll call: Member Perilman (Yes), Members Axelrod (Yes), Murray (Yes), and Cherbini (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes),) which passed on a 6 to 0 vote. Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 5 of 8 D. CASE NO. CC2022-05-006 Jill Gilles 4023 S. Ocean Blvd. P C N : 24-43-47-04-00-005-0080 Legal Description: 4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140 A/K/A CITY LOT NO 47 Code Sections: 30-122 (A) Building Permits Required. Violations: Observed earth removal east of the Coastal Construction Line without permit. Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that she be fined $ 250.00 per day for each day. Mr. Joshua Stuckwish, representative of Ms. Jill Gilles provided comments about this case. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Axelrod/Perilman - Moved to continue this case to the October Code Enforcement Board meeting. Upon roll call: Members Axelrod (Yes), Perilman (Yes), Murray (Yes), Cherbini (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes), which passed on a 6 to 0 vote. E. CASE NO. CC2022-05-014 TKS LLC 4108 S. Ocean Blvd. P C N: 24-43-47-04-00-005-0050 Legal Description: 4-47-43, N 100 FT OF S 145 FT OF E 100 FT OF GOV LT 5 W OF SR NO 140 A/K/A CITY LOT NO 41 Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 6 of 8 Code Sections: 30-122 (A) Building Permits Required. Violations: Observed front door installation without permit. Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and that they be fined $250.00 per day for each day. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Perilman/Axelrod - Moved that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply and obtain a building permit within two weeks from this date 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. Based upon roll call: Members Perilman (Yes), Axelrod (Yes), Murray (Yes), Cherbini (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes), which passed on a 6 to 0 vote. 9. NEW BUSINESS A. CASE NO. CC2022-06-002 Nicholas Economos 3646 S. Ocean Blvd #13 P C N : 24-43-47-04-50-000-013 0 Legal Description: OCEAN GRANDE PLACE LT 13 A/K/A S 88 FT OF N 200 FT OF W 55.10 FT OF ELY 315.70 FT OF GOV LT 1 LYG W OF & ADJ TO SR A-1-A RAN Code Sections: 17-3 NUISANCES Nuisance; 30-122 (A) Building Permits Required. Violations: Observed roof in disrepair causing nuisance/hazard. Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 7 of 8 Chairperson Schlam read the title of Item 8.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondent be found in violation of the Town Code as ali&ged in the Notice of Violation, the violator be fined $250.00 per day for each dsqy the violation remains after the date set for compliance and assess prdsE cutjon costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Perlow/Perilman- 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 and obtain a building permit within two weeks from this date 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. Based upon roll call: Vice Chairperson Perlow (Yes), Members Perilman (Yes), Axelrod (Yes), Murray (Yes), Cherbini (Yes), and Chairperson Schlam (Yes), which passed 6 to 0 vote. 10. BOARD MEMBERS REPORT None. 11. ANNOUNCEMENTS Chairperson Schlam read the announcements as followed: August 16, 2022 - 1:30 P.M. August 25, 2022 - 12:00 P.M Town Commission Meeting Town Commission Special Meeting September 06, 2022 - 1:30 P.M. Town Commission Meeting September 06, 2022 - 5:01 P.M. Town Commission Special First Public Hearing Budget Meeting September 08, 2022 - 9:30 A.M. Planning Board Regular Meeting Code Enforcement Board Regular Meeting Minutes Date: August 09, 2022 Page 8 of 8 September 13, 2022 - 1:00 P.M Code Enforcement Board Regular Meeting September 21, 2022 - 5:01 P.M. Town Commission Special Second Public Hearing Budget Meeting 12. ADJOURNMENT The meeting adjourned at 2:00 P.M. APPROVED September 13, 2022, Code Enforcement Regular Meeting. o: 1949 ATTEST: l —• Ith.F�ORIDP G n Ile Thom A, inistrative Support Specialist Myles B. S.Qt0a11'i, Chairperson Transcribed by: Lanelda Gaskins and Ganelle Thompson September 13, 2022 Date Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: https://highlandbeach- fl.municodemeetings.com